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These Terms of Use, including the associated SwitchNote.

com Privacy

Policy and other applicable SwitchNote.com policies published on our


website, or websites, (the "Terms of Use") set out the policies, rules, and
conditions that govern your use of our website(s) and the services provided
thereby, regardless of how you access them (e.g., directly through our
websites, or through any third-party website that links to them ("Linked
Services")), and regardless of whether you are a registered user or a guest.
By using the websites or the services, you agree to the Terms of Use. If
you do not agree to the Terms of Use, you are not authorized to use
SwitchNote.com or the services provided thereby and you must cease all
such use immediately.

Account Registration & Termination:


You may only have one SwitchNote.com account for use of the websites
and the services; you may not create or use more than one account. A
parent or guardian may create an account for the benefit of a minor, but
otherwise you may not create an account for anyone unless expressly
authorized by SwitchNote.com. All information you provide to create an
account must be accurate and complete. You may not impersonate any
other person or use a name that is not your own. It is your responsibility to
update your account information to keep it current and accurate. When you
set up an account, you must also choose a password. You are solely
responsible for maintaining the confidentiality of your password, and for
any and all use of your account. You agree not to use the account,
username, or password of another user at any time, nor to disclose your
password to any third party. You agree to notify SwitchNote.com
immediately if you suspect any unauthorized use of your account or access
to your password. SwitchNote.com has the right to terminate your account
for any reason at our sole discretion.

Description of the SwitchNote.com Service:


SwitchNote.com provides a variety of services, both online and offline,
designed to improve the overall academic experience and performance.
Our Services currently include:
Academic course-related services, including information regarding class
schedules, ratings of classes and/or instructors
A student marketplace for independently created outlines, notes and study
guides

Age and Residence Requirements:


SwitchNote.com is available to individuals age 13 and over. If you are
between the ages of 13 and 18, you must review these Terms of Use with
your parent or guardian to confirm that you and your parent or guardian
understand and agree to it

Privacy:
We understand your privacy is important to you, and that you care how
your personal information is collected, used and shared with third parties.
We appreciate your business and the trust you put in us when you provide
your personal information while using SwitchNote.com and our services.
Our policies and practices regarding our users' privacy and personal
information are detailed in the SwitchNote.com Privacy Policy which is a
key component of our Terms of Use and is incorporated herein by
reference.
We may in our discretion identify any user to third parties, and/or disclose
to third parties any content or information, including but not limited to
personally identifiable registration information, either (i) in response to a
law enforcement request for such information; or (ii) in response to a
request for information relating to an investigation into plagiarism or
cheating by a school, or body empowered by a school, to conduct such an
investigation.

Proprietary Rights:
SwitchNote.com is owned and operated by SwitchNote, Inc. Unless
otherwise specified, all materials appearing on SwitchNote.com, or one or
more of its affiliated websites, including the text, site design, logos,
graphics, icons, etc., as well as the selection, assembly and arrangement
thereof, are the sole property of SwitchNote.com and, if applicable, its
licensors. You may only use the content of SwitchNote.com for your own
personal use. You agree not to view, copy, or procure content or
information from SwitchNote.com by automated means (such as scripts,
bots, spiders, crawlers, or scrapers) unless formally authorized by
SwitchNote.com, SwitchNote, Inc., or one of their affiliates under separate

written agreement. No materials from SwitchNote.com may be copied,


reproduced, modified, republished, uploaded, posted, transmitted, or
distributed in any form or by any means without SwitchNote prior written
permission. All rights not expressly granted herein are reserved. Any
unauthorized use of the materials appearing on SwitchNote.com may
violate copyright, trademark, and other applicable laws, and could result in
criminal or civil penalties.

User Content and Activities:


When you submit, post, upload, embed, display, communicate, link to,
email or otherwise distribute or publish (collectively referred to as
"submit") any outline, class or lecture notes, problems, suggestions, ideas,
solutions, questions, answers, comments, testimonials, feedbacks,
messages, images, texts or other materials ("User Content") to SwitchNote,
any SwitchNote employee or contractor, or a SwitchNote, or affiliate,
website, you grant SwitchNote and our affiliates, licensees, distributors,
agents, representatives and other entities or individuals authorized by
SwitchNote (or any affiliates, or third parties, selected by SwitchNote) a
non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free,
fully sub-licensable (even through multiple tiers) and fully transferable
right to exercise any and all copyright, trademark, publicity, and database
rights you have in the content, in any media known now or in the future,
and to make, use, reproduce, copy, display, publish, exhibit, distribute,
modify, sell, offer for sale, create derivative works based upon and
otherwise use the User Content. SwitchNote is not required to host,
display, or distribute, and may remove at any time, any User Content.
Although SwitchNote will not modify or edit any Content, it does reserve
the right to change the format, sizing, and any other display specifications
of the Content as it sees fit. You represent and warrant that (a) you own the
User Content submitted by you on, through or in connection with
SwitchNote.com, or otherwise have the right to grant the license set forth
in this section, and (b) the posting of your User Content on, through or in
connection with SwitchNote.com and/or affiliate websites and/or services
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. This "User Content"
section shall survive any expiration or termination of your relationship
with SwitchNote.
SwitchNote reserves the right to refuse the exchange or redemption
of any virtual currency for rewards of any kind without warning if a users

content is deemed unacceptable by SwitchNote, or if the user violates any


of the terms of this agreement. What is classified as Unacceptable
content is completely at SwitchNotes discretion.
We may, but are not obligated to, review User Content prior to posting it
on or distributing it through SwitchNote.com, or one or more of our
affiliated websites, or allowing such User Content to be distributed through
SwitchNote.com, or one or more of its affiliated websites. This includes
private messages exchanged by you and other users through the Websites.
We reserve the right to prohibit any User Content from being distributed
and we may remove User Content from the Website at any time for any
reason.
You are solely responsible for the User Content you submit, through or in
connection with SwitchNote.com, or one or more of its affiliated websites,
and any material or information that you transmit to other users and for
your interactions with other users. The following are examples of the kind
of User Content that may not be posted on SwitchNote.com, and the types
of activities that are not permitted through SwitchNote.com. In addition to
removing such prohibited materials, SwitchNote may terminate the
responsible accounts, and/or report such activities to law enforcement
authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that
SwitchNote determines:
is patently offensive or promotes or otherwise incites racism, bigotry,
hatred or physical harm of any kind against any group or individual
solicits or is designed to solicit passwords or personal identifying
information for commercial or unlawful purposes from other users
harasses or advocates harassment of another person
contains nudity, excessive violence, or offensive subject matter or contains
a link to an adult website
exploits people in a sexual or violent manner
publicly posts information that poses or creates a privacy or security risk
to any person
constitutes or promotes information that you know is false or misleading
or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous
involves the transmission of junk mail, chain letters, or unsolicited mass
mailing, instant messaging, spimming, or spamming
furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not

limited to, making or buying illegal weapons, violating someone's


privacy, or providing or creating computer viruses
constitutes or promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacturerinstalled copy-protect devices, or providing pirated music or links to
pirated music files
contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page)
includes a photograph or video of another person that you have posted
without that person's consent
violates or attempts to violate the privacy rights, publicity rights,
copyrights, trademark rights, contract rights or any other rights of any
person
involves commercial activities and/or sales without prior written consent
from SwitchNote such as contests, sweepstakes, barter, advertising, or
pyramid schemes
Prohibited activities include:

circumventing or modifying, attempting to circumvent or modify, or


encouraging or assisting any other person in circumventing or
modifying any security technology or software that is part of our
website and/or the services provided thereby
unauthorized advertising to, or solicitation of, any user to buy or sell any
products or services
criminal or tortious activity, including, but not limited to, child
pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, defamation, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets
modifying, copying, distributing, downloading, scraping or transmitting in
any form or by any means, in whole or in part, any content from our
websites
activity that involves the use of viruses, bots, worms, or any other
computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise
permit the unauthorized use of or access to a computer or a computer
network;
covering or obscuring the banner advertisements and/or safety features

(e.g., report abuse button) on your personal profile page, or any


SwitchNote page via HTML/CSS or any other means
interfering with, disrupting, or creating an undue burden on
SwitchNote.com or the networks or services connected to
SwitchNote.com
activity unrelated or disruptive to SwitchNote.com, submissions that force
browsers to scroll horizontally, large blank or content-free
submissions, Bumping multiple older topics (posting in them well
after the last post), posting multiple identical or near-identical
messages or topics, including fad topics, hard-to-read topic titles (e.g.,
ALL CAPS, aLtErNaTe CaPs, no spaces, no or excessive
punctuation), or multiple hard-to-read or nonsensical messages in a
single or multiple topics
displaying an unauthorized commercial advertisement on your profile, or
accepting payment or anything of value from a third person in
exchange for your performing any commercial activity through the
unauthorized or impermissible use of SwitchNote.com on behalf of
that person, such as placing commercial content on review posts or
solutions, links to e-commerce sites not authorized by SwitchNote, or
sending messages with a commercial purpose
any automated use of SwitchNote, such as, but not limited to, using scripts
to send messages or posts
using SwitchNote.com services in a manner inconsistent with any
applicable law

Service Modifications:
SwitchNote reserves the right, in our sole discretion, to make changes to the
website, or websites, and the services provided thereby at any time. Any
description of the services provided by SwitchNote is not a representation
that the services are working or will always work in that manner, as
SwitchNote is continuously updating its website, or websites, and the
services, and these updates may not always be reflected in the Terms of Use.

Outlines, Study Guides and Notes:


SwitchNote.com permits users to upload content for the purpose of aiding
others in the education and learning process. Users may not post Content

created or owned by another person, represent and warrant that: (a) each
created and is the sole owner of all Content posted to SwitchNote.com, or
its affiliated sites, and all rights in such Content, including, without
limitation, copyright and (b) the posting of Content on or through
SwitchNote.com, or its affiliated sites, will not breach the privacy rights,
publicity rights, copyrights, contract rights, intellectual property rights or
any other rights of any third-party. Users of SwitchNote.com, or its
affiliated sites, agree to exclude from such Content any documents, records
or files made accessible to them by your school, professor or other
instructor, any board of examination, any author or publisher whose works
have been used as part of studies or any co-student.
In creating study related content, students must respect any intellectual
property rights that others may have in content. All Content posted on
SwitchNote.com, or its affiliated sites, must be independently created,
transformative and non-derivative. It should not be a transcript or
recording of another's independent efforts, nor should it copy from
materials purchased from or created by others. It should go beyond simply
summarizing material covered in class or in written or recorded materials,
but include information raised by students in or outside of class, and
independent thought, analysis and commentary. Class notes, for example,
must be substantially rewritten after class and include independent thought
and analysis, research and information; notes that use a lecturer's words or
that are not carefully reviewed, rethought and rewritten after class are not
useful to or appreciated by students, and not permitted on
SwitchNote.com, or its affiliated sites.
Schools may have their own policies that place restrictions on a student's
ability to make commercial use of study materials, even otherwise lawful
materials that the student has independently created. You are responsible
for becoming familiar with such policies and abiding by them, and
discontinuing the use of any SwitchNote.com service if such use is
contrary to your school policy or the instruction of your professor.
Class notes and study guides are solely for the specific use of students in the
designated class for which they are created. Individuals who are not
registered for a class may not purchase study guides, class notes or outlines
for that class. Check the accuracy of all information from study guides, class
notes and outlines SwitchNote does not guarantee their accuracy or
completeness; they are simply an aid to the study process.

Reporting Infringement:
SwitchNote respects the intellectual property rights of others and takes the
protection of copyrights and other intellectual property seriously. If you
believe your work has been infringed through the Websites or the Services,
please notify us by e-mail or by mail as detailed below, and provide the
following information:
Your contact information, including name, address, telephone number, and
e-mail address
A description of the copyrighted work you claim has been infringed
(including, e.g., the title, ISBN and other identifying information)
A reasonably specific description of where the allegedly infringing
material is located on the websites (including, e.g., the URL)
A statement by you that you have a good-faith belief that the allegedly
infringing material is not authorized by the copyright owner, its agent,
or the law
Your electronic or physical signature
A statement by you, made under penalty of perjury, that the information in
your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf
Please be aware that if you knowingly misrepresent that material is or is not
infringing, you may be subject to civil penalties. Such penalties may include
monetary damages, court costs, and attorneys fees incurred by
SwitchNote.com, SwitchNote, Inc., or its affiliates, by any copyright owner,
or by any copyright owners licensee that is injured as a result of reliance
upon your misrepresentation. You agree we may provide your notice to the
provider of the allegedly infringing material. We have a policy of
terminating accounts of users who repeatedly and intentionally infringe the
intellectual property rights of others.

How To Contact Us:


If you have questions about SwitchNote Terms of Use, contact us by:
Phone:
E-mail:
Regular mail:

info@SwitchNote.com
SwitchNote, Inc.,

Disclaimer of Warranties:
SwitchNote is not responsible for the User Content, accuracy or opinions
expressed in such User Content posted or provided by third parties on
SwitchNote.com and services or linked services, and such websites and
services are not necessarily investigated, monitored or checked for
accuracy or completeness by SwitchNote. Inclusion of any linked website
or service on SwitchNote.com does not imply approval or endorsement of
the linked website or service by SwitchNote. In addition, SwitchNote is
not responsible for any damage, injury or loss caused by users of
SwitchNote.com services or by any of the equipment or programming
associated with or utilized in the SwitchNote.com services or Linked
Services. Posts and Linked Services created and posted by users on,
though or in connection with SwitchNote services may contain links to
other websites or services. SwitchNote takes no responsibility for third
party advertisements or Linked Services that are posted on, through or in
connection with SwitchNote services or Linked Services, nor does it take
any responsibility for the goods or services provided by these third parties.
Under no circumstances will SwitchNote be responsible for any loss or
damage, including, without limitation, personal injury or death, resulting
from use of SwitchNote.com, or any of its affiliate websites, services or
Linked Services, attendance at a SwitchNote event, from any user Content
posted on or through SwitchNote services or Linked Services, or from the
conduct of any users of SwitchNote services, whether online or offline.
This "Disclaimers" section shall survive any expiration or termination of
your relationship with SwitchNote.
SWITCHNOTE.COM AND THE SERVICES THEREON ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, SWITCHNOTE SPECIFICALLY DISCLAIMS
ANY AND ALL EXPRESS, IMPLIED OR STATUTORY
WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY
AND OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, SWITCHNOTE, INC., SWITCHNOTE.COM, OR ITS
AFFILIATED COMPANIES, SPECIFICALLY DO NOT WARRANT
THAT THE SWITCHNOTE.COM OR SERVICE WILL BE ERRORFREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE

SWITCHNOTE.COM, THE SERVICES OR THE SERVER, NETWORK


OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SWITCHNOTE DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES REGARDING THE
CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICE, OR
REGARDING THE RESULTS OF THE USE OF THE WEBSITES OR
SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE, UNLESS SPECIFICALLY SET OUT
ON THE WEBSITE.

Limitations of Liability:
IN NO EVENT SHALL SWITCHNOTE.COM AND/OR SWITCHNOTE,
INC. (INCLUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS,
EMPLOYEES, REPRESENTATIVES AND AGENTS) BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT
OR TORT (INCLUDING NEGLIGENCE), OR RELATED TO THE USE
OR INABILITY TO USE THE WEBSITES OR THE SERVICE, EVEN
IF SWITCHNOTE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU AGREE THAT THE ENTIRE LIABILITY OF
SWITCHNOTE (INCLUDING ITS SUBSIDIARIES, DIRECTORS,
OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS)
UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION
WITH THE WEBSITES OR THE SERVICE SHALL NOT EXCEED, IN
THE AGGREGATE, THE AMOUNTS PAID BY YOU TO
SWITCHNOTE IN THE PAST SIX MONTHS, OR $250, WHICHEVER
IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY
HAVE ADDITIONAL RIGHTS. IN THAT CASE, SWITCHNOTE
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW. THE EXCLUSIONS AND
LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL
SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR

RELATIONSHIP WITH SWITCHNOTE.

Indemnity:
You agree to defend, indemnify and hold harmless SwitchNote, its
subsidiaries and affiliates (including their respective owners, directors,
officers, employees, agents, representatives and agents) from and against
any and all loss, liability, claims and demands (including, without limitation,
reasonable attorneys' fees, costs and expenses) arising out of, or relating to:
(i) any SwitchNote by you of the Terms of Use, or (ii) any breach of any of
your representations or warranties in the Terms of Use. These indemnity
obligations shall survive any expiration or termination of your relationship
with SwitchNote.

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