GoNotes Terms of Use / User Agreement for GoNotes.com

Last Updated August 2017

Thanks for using GoNotes.

Please read these Terms carefully. By using GoNotes or signing up for a GoNotes account ( "Service"), you are agreeing to these terms. This is a legal agreement. These Terms of Use including our Privacy Policy, and Anti-Spam/Acceptable Use Policy define the terms and conditions under which you're allowed to use GoNotes and how we will treat your account while you're a User. If you have any questions about our terms, feel free to contact us.

GoNotes is a client relationship marketing and business management service including online booking and automated email marketing.

Wandering Oak LLC dba GoNotes hereinafter referred to as GoNotes reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. Please keep your account email up-to-date in your Account membership settings and visit GoNotes.com frequently for any updates.

In accordance with the CAN-SPAM Act, GoNotes may not be used for the sending of unsolicited email (spam). GoNotes's Anti-Spam/Acceptable Use Policy can be viewed here.

Violation of any of the terms below will result in the termination of your Account.

Account Terms

1. You must be 18 years of age or older to use this Service.

2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

3. You must keep your account details accurate. You must provide your legal full name, a valid email address, and any other information requested in order to complete your profile. You represent that any information You provide during registration or at any time thereafter is true, accurate and complete and that You will update all such information as necessary to maintain its truth, accuracy and completeness. You agree that the "from" line in any email messages sent through use of the service will accurately identify your business.

4. You agree and acknowledge that Your login may only be used by one (1) person - a single login shared by multiple people is not permitted.

5. You are responsible for maintaining the security of your account, username and password. Passwords are a minimum of 8 characters and we recommend using at least one non-alphanumeric or symbol character. Do not disclose your password to any other party, or permit any other party to access the website or services using your password in conjunction with your username. GoNotes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. You are responsible for all content posted and activity that occurs under your account.

7. Emails sent through this service may generate spam complaints from recipients. If complaints exceed industry norms, GoNotes reserves the right to terminate your service. Additionally, we offer a subscriber opt-out. Every email message sent in conjunction with the Service will contain an unsubscribe link that allows your clients to remove themselves from your mailing list. Unsubscribed emails will be listed in your reports and may not be uploaded again.

8. You may not use the Service for any illegal or unauthorized purpose. You may not use profanity on the Service (including as part of your booking url or email communication). You may not promote bigotry, discrimination, or hatred against any persons or other Users for any reason; You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). By using the Service, You warrant that You will use the Service only for the purposes advertised on the GoNotes website, that You are a valid professional desiring to use the Service to advertise Your business and generate online bookings through booking url, reservations, enrollments from customers using the Service, and that any contact information You provide, such as email, web addresses and phone numbers, is valid and active contact information for You.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. By adding a credit card to Your account, You warrant that such credit card is good and valid, that You are authorized to use such credit card to pay the fees due on Your GoNotes account, and You authorize GoNotes to charge such credit card for the recurring fees on or after the Due date, and for any immediate fees. Once an amount has been charged to Your credit card, it is not refundable. GoNotes will generate a receipt for every amount charged to Your credit card. This receipt will be sent to your email address associated with your account.

2. You will be subject to the subscription fees in accordance to our fee schedule found here.

3. The Service is billed on a monthly basis or in advance on an annual basis dependent on your selected plan. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. You will however be allowed to downgrade to a Starter account to keep a non-paid account active. You will be unable to use the full suite of features until payment for a Pro account has been rendered. In order to treat everyone equally, no exceptions will be made.

4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

5. Downgrading your Service, failure to renew your subscription or keep billing information current may cause the loss of content, features, or capacity of your Account. GoNotes does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email request to cancel your account is not considered cancellation. You can cancel your account at any time online by visiting your Account Settings

2. All of your Content will be deleted from your account upon cancellation. This action is permanent. Your content cannot be recovered.

3. If you cancel the Service before the end of your current payment cycle, your cancellation will take effect immediately and you will not be charged again.

4. GoNotes, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other GoNotes, service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. GoNotes, reserves the right to refuse service to anyone for any reason at any time.

5. GoNotes may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. This action is permanent and Your content cannot be recovered. However, we will attempt to notify you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

Modifications to the Service and Prices

1. GoNotes, reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the GoNotes.com or the Service itself.

3. GoNotes, shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service must comply with U.S. copyright law.

2. We claim no intellectual property rights over the material you post to the Service. Your profile and materials uploaded remain yours.

3. GoNotes, does not pre-screen Content, but GoNotes, and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

4. The design and look and feel of the Service is copyright© 2015, 2016, 2017 GoNotes All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from GoNotes.

5. We grant You a license to use the Service in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. We reserve all rights not expressly granted in these Terms of Use.

6. We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks , registered trademarks or service marks contained in or relating to the Service (collectively the GoNotes Intellectual Property) that are the exclusive property of GoNotes and/or its licensors. We do not transfer any rights in or to the GoNotes Intellectual Property to You.

7. Content of the Service that incorporates or includes any of the GoNotes Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of GoNotes or the rightful owner, as applicable.

8. The name GoNotes and the various logos used or displayed on the Service are trademarks of GoNotes and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the GoNotes products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

Any breach of this section will result in termination of Your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

General Conditions

1. To the maximum extent permitted by law, we provide the content on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use GoNotes for a variety of reasons, we can't guarantee that it will meet your specific needs. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

2. Technical support is only provided to paying account holders and is only available via email. GoNotes reserves the right to access any or all of Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You. Remember, prior to contacting GoNotes concerning connectivity problems, YOU shall verify that YOU are able to properly connect to the Internet by verifying navigation through common websites such as www.amazon.com or www.bing.com, and YOU shall verify that YOU are running an up-to-date version of Chrome, Mozilla Firefox or Safari.

3. YOU shall maintain the functional operation of all of YOUR mobile devices, workstations, networks, and Internet connections necessary to ensure proper operation of the Purchased Services, including installation and operation of any associated operating system and web browser according to applicable manufacturer specifications and recommendations.

4. You understand that GoNotes, uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GoNotes, or any other GoNotes, service.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GoNotes.

7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GoNotes, customer, employee, member, or officer will result in immediate account termination.

9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

11. You must not transmit any worms or viruses or any code of a destructive nature.

12. Due to the nature of mobile networks, it is not possible to guarantee a timely delivery of SMS messages. Messages can get lost or delayed, for various reasons outside our control. GoNotes cannot be held responsible for the loss or delay of SMS messages.

13. Due to the nature of email transmissions, it is not possible to guarantee that emails are actually received by the intended recipients. Emails may never reach the recipient's mailbox for various reasons outside our control, including but not limited to spam filtering, incorrect or changed addresses, recipient disk quotas. GoNotes cannot be held responsible for the failed or delayed delivery of emails, however when appropriate we or our partners will retry the delivery several times before giving up.

14. GoNotes, does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

15. You expressly understand and agree that GoNotes, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GoNotes,has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

16. The failure of GoNotes, to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and GoNotes, and govern your use of the Service, superceding any prior agreements between you and GoNotes, (including, but not limited to, any prior versions of the Terms of Use).

17. You agree not to use GoNotes to store medical records, social security numbers, or other protected client data without seeking the appropriate local and federal approvals to ensure compliance with requirements. GoNotes is not HIPAA compliant and should therefore not be used to store medical records and client data that fall under HIPAA protected status. It is your sole responsibility to confirm and comply with regulatory requirements related to your collection and storage of client data using GoNotes.

18. GoNotes reserves the right to contact You from time to time for feedback about the Service and for service and support related issues. We reserve the right to contact You through e-mail, text or voice messages, or notices posted on the GoNotes websites. Notices will be deemed effective at the time they are sent by GoNotes or as of date they are posted, regardless of whether You actually read any such notices.

19. You consent that any emails, surveys, other information or feedback You provide to GoNotes through the Service or via any other medium, except for Personally Identifiable Information, as defined in the GoNotes Privacy Policy, can be used by GoNotes in any manner, including but not limited to for testimonials, reviews and ratings on GoNotes or third party websites.

20. By using the Service, You warrant that any information that you contribute regarding the services or goods that You provide, including their availability and their price, is accurate at all times. You are responsible for ensuring that You can fulfill all reservations, bookings, purchases and subscriptions made through the Service and for communicating changes directly to Your customers. You are responsible for managing availability for the online scheduling of appointments and reservations including settings for staff, resources and services provided, bookable days and times for staff, resources and services provided, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect Your customers and their experience with the Service. You are responsible for reviewing Your online appointments and reservations often and regularly. If You cannot honor any appointment or reservation made through the Service, You agree to promptly communicate such change to the relevant customers. You are responsible for charging customers' credit cards only under explicit authorization by the customer. You are responsible for handling customer inquiries professionally and promptly. You are responsible for honoring cancellation/reschedule requests according to your advertised policy.

21. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, GoNotes will not be liable for any failure to store, or for loss or corruption of, your Content.

Any questions on the Terms of Use for GoNotes users can be directed to info@gonotes.com.

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