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LawInformedAI 23

this only refers and applies to content posted via open communication tools as described , and does not refer to information that is provided as part of the registration process , necessary in order to use our resources .

all information provided as part of our registration process is covered by our privacy policy .

you agree to indemnify and hold harmless atlas solutions group inc. and its parent company and affiliates , and their directors , officers , managers , employees , donors , agents , and licensors , from and against all losses , expenses , damages and costs , including reasonable attorneys ' fees , resulting from any violation of this user agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account .

we reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this user agreement .

in such event , you shall provide us with such cooperation as is reasonably requested by us .

your privacy is very important to us , which is why we 've created a separate privacy policy in order to explain in detail how we collect , manage , process , secure , and store your private information .

our privacy policy is included under the scope of this user agreement .

to read our privacy policy in its entirety , click here .

by using our website , you understand and agree that all resources we provide are `` as is '' and `` as available '' .

this means that we do not represent or warrant to you that :

i -rrb- the use of our resources will meet your needs or requirements .

ii -rrb- the use of our resources will be uninterrupted , timely , secure or free from errors .

iii -rrb- the information obtained by using our resources will be accurate or reliable , and

iv -rrb- any defects in the operation or functionality of any resources we provide will be repaired or corrected .

furthermore , you understand and agree that :

v -rrb- any content downloaded or otherwise obtained through the use of our resources is done at your own discretion and risk , and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content .

vi -rrb- no information or advice , whether expressed , implied , oral or written , obtained by you from atlas solutions group inc. or through any resources we provide shall create any warranty , guarantee , or conditions of any kind , except for those expressly outlined in this user agreement .

in conjunction with the limitation of warranties as explained above , you expressly understand and agree that any claim against us shall be limited to the amount you paid , if any , for use of products and/or services .

atlas solutions group inc. will not be liable for any direct , indirect , incidental , consequential or exemplary loss or damages which may be incurred by you as a result of using our resources , or as a result of any changes , data loss or corruption , cancellation , loss of access , or downtime to the full extent that applicable limitation of liability laws apply .

all content and materials available on atlassolutionsgroup.com , including but not limited to text , graphics , website name , code , images and logos are the intellectual property of atlas solutions group inc. , and are protected by applicable copyright and trademark law .

any inappropriate use , including but not limited to the reproduction , distribution , display or transmission of any content on this site is strictly prohibited , unless specifically authorized by atlas solutions group inc. .

you agree that we may , at our sole discretion , suspend or terminate your access to all or part of our website and resources with or without notice and for any reason , including , without limitation , breach of this user agreement .

any suspected illegal , fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities .

upon suspension or termination , your right to use the resources we provide will immediately cease , and we reserve the right to remove or delete any information that you may have on file with us , including any account or login information .

this website is controlled by atlas solutions group inc. from our offices located in the state of ca , us .

it can be accessed by most countries around the world .

as each country has laws that may differ from those of ca , by accessing our website , you agree that the statutes and laws of ca , without regard to the conflict of laws and the united nations convention on the international sales of goods , will apply to all matters relating to the use of this website and the purchase of any products or services through this site .

furthermore , any action to enforce this user agreement shall be brought in the federal or state courts located in us , ca you hereby agree to personal jurisdiction by such courts , and waive any jurisdictional , venue , or inconvenient forum objections to such courts .

unless otherwise expressed , atlas solutions group inc. .

expressly disclaims all warranties and conditions of any kind , whether express or implied , including , but not limited to the implied warranties and conditions of merchantability , fitness for a particular purpose and non-infringement .

if you have any questions or comments about these our terms of service as outlined above , you can contact us at :

effective date : august 28 , 2017 - what 's new ''

we invite you to access our websites and use the evernote service , but please note that your invitation is subject to your agreement with these terms of service .

this document describes in detail your rights and our rights relating to the provision of the service -lrb- as defined below -rrb- , so please review these terms carefully .

what are the terms of service ?

the terms of service constitutes a contract between evernote and you .

the terms include the provisions set forth in this document and in the evernote privacy policy , commercial terms , evernote business agreement , user guidelines , ip compliance program and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific service offerings -lrb- all of which we collectively refer to as the `` terms of service '' or `` terms '' -rrb- .

if you do not agree to these terms , you do not have the right to access or use our service .

if you do register for or otherwise use our service you shall be deemed to confirm your acceptance of the terms and your agreement to be a party to this binding contract .

by using the service , you acknowledge , accept and agree with all provisions of the privacy policy , including , without limitation , the use and treatment of the text , images , and other data you choose to input , upload , or store in evernote -lrb- collectively , `` content '' -rrb- and your personal information in accordance with such privacy policy .

what is the evernote service ?

the evernote software -lrb- as defined below -rrb- , the evernote service , and other products , services and websites hosted or made available by evernote , including , for example our app center , user forum , and help & learning pages are collectively referred to in these terms as the `` service '' .

in exchange for being enabled to use the service , you agree to abide by these terms .

if this is a contract , who are the parties ?

you , the account holder , are one party to this contract .

-lrb- an account holder is the person or entity who has contracted with evernote as either an individual basic , plus , or premium user or as a customer as defined in our evernote business agreement . -rrb-

if you reside in the united states or canada , then the other party to this contract is evernote corporation , a corporation headquartered in california .

if you reside in brazil , then the other party to this contract is evernote do brasil serviços de aplicações ltda. , a company headquartered in the city of são paulo , state of sao paolo , brazil -lrb- `` evernote brasil '' -rrb- .

if you reside outside of the united states , canada and brazil , then the other party to this contract is evernote gmbh , a company headquartered in zurich , switzerland .

-lrb- evernote corporation , evernote gmbh and evernote brasil , as applicable , may be referred to in these terms of service as `` evernote , '' `` we '' and sometimes `` us '' -rrb- .

on some occasions , you may be purchasing products or service subscriptions from an authorized reseller .

please review our commercial terms for information about additional contract terms relating to such purchases .

is this the only contract i have with evernote ?

it depends upon how you interact with the evernote service and our software applications .

if you install any evernote software on your computing devices , you may be asked to agree to an end user license agreement .

if you pay for an evernote subscription , you will be asked to agree to the commercial terms .

if you use related evernote products or services -lrb- such as evernote business -rrb- or participate in our user forum , you may also need to enter into a separate agreement with us -lrb- usually by clicking `` accept '' or `` agree '' -rrb- .

we refer to each of these as a `` separate agreement . ''

if that happens , the separate agreement shall take precedence if there is a conflict between those terms and this terms of service document , to the extent of such conflict and with respect to the particular subject matter of that separate agreement .

will these terms of service ever change ?

these terms may be amended as new features , technology , or legal requirements arise , so please check back from time to time .

if we make a significant change , we 'll notify you and , where required , seek your consent .

if we do update these terms , you are free to decide whether to accept the updated terms or to stop using our service -lrb- see `` how is my account closed '' below -rrb- ; your continued use of the service after the effectiveness of that update will be deemed to represent your agreement with , and consent to be bound by , the new terms .

except for changes made by us as described here , no other amendment or modification of these terms shall be effective unless set forth in a written agreement expressly amending these terms and bearing a written signature by you and us .

for clarity , email or other communications will not constitute an effective written agreement for this purpose .

what do i have to do to use the evernote service ?

first , you need to create an evernote service account .

you create an account by providing us with an email address and creating a password .

-lrb- some older accounts also required a username . -rrb-

we refer to this as your `` basic subscriber information '' .

we encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service .

you are responsible for maintaining the accuracy , completeness and confidentiality of your basic subscriber information , and you will be responsible for all activities that occur under your account , including activities of others to whom you have provided your basic subscriber information .

we will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your basic subscriber information secure .

if you discover any unauthorized use of your basic subscriber information or suspect that anyone may be able to access your private content without authorization , you should immediately change your password and notify our customer support team .

second , you will need to access your account through a web browser or by installing our client software on your computers , tablets and phones .

obtaining those devices and paying for their connectivity and data plans is your responsibility .

evernote also has no responsibility for the availability of the internet and other telecommunication services necessary to access the service .

can i share my account with someone else ?

evernote service accounts should not be shared .

if you share your basic subscriber information with anyone , that other person may be able to take control of the account , and we may not be able to determine who is the proper account holder .

we will not have any liability to you -lrb- or anyone you share your basic subscriber information with -rrb- as a result of your or their actions under those circumstances .

since you may use a free evernote service account , and since we provide a number of mechanisms to allow you to share your account content with others , we strongly urge you not to share your information with anyone , unless you are doing so as part of your estate planning purposes , as discussed below .

once i have an account , what are my rights in the evernote service ?

once your account is created and you accept these terms , we grant you a limited , non-exclusive license to use the service subject to these terms , for so long as you are not barred from receiving the service under the laws applicable to you , until you close your account voluntarily or until we close your account pursuant to these terms .

in addition , we grant you a personal , worldwide , royalty-free , non-assignable and non-exclusive license to use the evernote software provided to you by or on behalf of evernote , for the sole purpose of enabling you to use the evernote software and enjoy the benefit of the service , subject to any applicable license terms provided with the evernote software and these terms , until your rights are terminated in accordance with such license and/or these terms .

you do not obtain any other right or interest in evernote or the service .

evernote 's data protection laws say my data is mine -- what does that mean ?

you retain copyright and any other rights you already held in your content before you submitted , posted or displayed it on or through the service .

but you do have to grant evernote a limited license , as described below , so we can make your data accessible and usable on the service .

other than this limited license and other rights you grant in these terms , evernote acknowledges and agrees that we do not obtain any right , title or interest from you under these terms in any of your content .

what is the license i have to grant to evernote ?

in order to enable evernote to operate the service , we must obtain from you certain limited license rights to process your content that is covered by intellectual property rights so that technical actions we take in operating the service are not considered legal violations .

for example , copyright laws could prevent us from processing , maintaining , storing , backing-up and distributing certain content , unless you give us these rights .

accordingly , by using the service and uploading content , you are granting evernote a license to display , perform and distribute your content and to modify -lrb- for technical purposes , e.g. , making sure content is viewable on smartphones as well as computers and other devices -rrb- and reproduce such content to enable evernote to operate the service .

you also agree that evernote has the right to elect not to accept , post , store , display , publish or transmit any content in our sole discretion .

you agree that these rights and licenses are royalty free , transferable , sub-licensable , worldwide and irrevocable -lrb- for so long as your content is stored with us -rrb- , and include a right for evernote to make such content available to , and pass these rights along to , others with whom evernote has contractual relationships related to the provision of the service , solely for the purpose of providing such services , and to otherwise permit access to or disclose your content to third parties if evernote determines such access is necessary to comply with its legal obligations .

if you elect to use any third party service or application that is integrated with evernote , you also agree that the licenses granted to evernote in the preceding paragraph shall apply to content that is submitted or uploaded through such third party service or application .

if the third party service or application you elect to use would access or extract content , you grant evernote the right and license to enable third party access to and extraction of your content .

evernote does not assume any responsibility for , or liability on account of , the actions or omissions of such third party applications or service providers .

as we rely upon your rights to upload and distribute your content , you represent and warrant to evernote that -lrb- 1 -rrb- you have the unfettered legal rights and authority to submit your content to evernote , to make any other use , publication or other distribution of that content in your use of the service , and to grant the rights granted to evernote under these terms ; and -lrb- 2 -rrb- your content complies with our user guidelines and these terms .