CoNotes

Introduction

CoNotes.com ('CoNotes') provides users with high quality content and features regarding companies and the job search process ('CoNotes Service').

Acceptance of terms of use and amendments

Each time you use or cause access to CoNotes, you agree to be bound by these terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service hosted on or accessed via CoNotes, you will be subject to any rules or guidelines applicable to the said services, and they will be incorporated by reference within these terms of use. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. Where applicable under law, these Terms constitute a 'writing signed by you.'

CoNotes Service

CoNotes and services provided to you on and through CoNotes are provided on an "AS IS" basis. You agree that CoNotes exclusively reserves the right to modify or discontinue provision of CoNotes and its services, and to delete the data you provide, either temporarily or permanently; the site and may, at any time and without notice and any liability to you, CoNotes shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

You acknowledge that CoNotes may or may not pre-screen Content, but that CoNotes and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, CoNotes and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CoNotes or submitted to CoNotes and in all parts of the Service.

Third-party services

Goods and services of third parties may be advertised and/or made available on or through CoNotes. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. CoNotes shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold harmless CoNotes and the CoNotes's subsidiaries, affiliates, related parties, officers directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable attorney's fees, that may be made by any third party, due to or arising out of your conduct or connection with this web site or service, your provision of content, your violation of these terms of use, or any other violation of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND CONOTES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CONOTES MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE CONOTES SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER CONOTES NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA CONOTES IS SOLELY AT YOUR OWN RISK, AND THAT CONOTES MAY NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

Privacy policy

Registration Data and certain other information about you is subject to our Privacy Policy. By using CoNotes, you are representing that you have read that Privacy Policy and that you have accepted its terms. You understand that through your use of the the CoNotes Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by CoNotes, its affiliates and under certain circumstances, commercial partners.

Content submitted or made available on CoNotes

CoNotes does not claim ownership of Content you submit or make available for inclusion on the CoNotes Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the CoNotes Service, you grant CoNotes the following worldwide, royalty-free and non-exclusive license(s), as applicable: Regarding any content you submit or make available for inclusion on publicly accessible areas of the CoNotes Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the CoNotes Service are those areas that are intended by CoNotes to be available to the general public or any registered user. By way of example, publicly accessible areas of the CoNotes Service would include CoNotes Company Profiles, CoNotes Employee Stores, and CoNotes Q & A. However, publicly accessible areas of the CoNotes Service would not include services intended for private communication or areas off of the CoNotes Service such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by CoNotes.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONOTES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF CONOTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. UNDER NO CIRCUMSTANCES SHALL CONOTES BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Reservation of rights

CoNotes reserves all of the CoNotes's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that CoNotes may have for this web site, its content, and the goods and services that may be provided. The use of CoNotes's rights and property requires CoNotes's prior written consent. By making services available to you, CoNotes is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of this web site or service without CoNotes's prior written consent.

User conduct

You understand that all information, data, text, photographs, graphics, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CoNotes, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CoNotes Service. CoNotes does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CoNotes be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the CoNotes Service.

You agree to not use the CoNotes Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• "stalk" or otherwise harass another user;
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in text above.

Notification of copyright infringement

If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, CoNotes's copyright agent may be contacted at: support@conotes.com.

Choice of law and forum

The Terms of Service and the relationship between you and CoNotes shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. The parties shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of the Terms of Service in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to this Agreement shall be resolved through binding arbitration under the Federal Arbitration Act, 9 U.S.C. � I et. seq. via the American Arbitration Association located in Chicago, Illinois, U.S.A. and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, and solely with respect to breaches or threatened breaches of this Agreement, either party to this Agreement may seek a temporary restraining order and injunction to protect its legal rights or interests, without the need to post bond in any court having jurisdiction.

Waiver and severability of terms

The failure of CoNotes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Miscellaneous information

In the event that these terms of use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms of use will remain valid and intact; (ii) The failure of either party to assert any right under these terms of use shall not be considered a waiver of that party's right, and that right will remain in full force and effect; (iii) You agree that, without regard to any statute or contrary law, that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose, or else the claim shall be forever barred; (iv) CoNotes may assign CoNotes's rights and obligations under these terms of use; in this case, CoNotes shall be relieved of any further obligation.