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LawInformedAI 23

finally , you understand and agree that evernote , in performing the required technical steps to provide the service to our users , may make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks , devices , services or media .

what other assurances do i have to grant to evernote ?

when you use the evernote service to send messages to an email address , to a telephone number via sms , or through a social media account -lrb- e.g. , facebook or linkedin -rrb- that has not been linked to an evernote account , evernote sends such messages on your behalf , and we are relying on your representation to us that you have a direct relationship with the recipient -lrb- s -rrb- and that you are respecting the legal rights of the recipient -lrb- s -rrb- not to receive certain kinds of messages -lrb- such as harassing messages , unsolicited commercial messages , and unwanted sms messages -rrb- .

whenever you send any kind of message to a third party you represent and warrant to evernote that you are acting within the law and that you have prior consent from the recipient to send them such a message .

are there rules about what i can do on the evernote service ?

your use of the service must be in accordance with these terms .

when it comes to your use of the service , you agree that you are responsible for your own conduct and all conduct under your account .

this means all content created , transmitted , stored or displayed in your account , is your sole responsibility as the person who created the content or introduced it into the service .

this applies whether the content is kept private , shared or transmitted using the service or any third-party application or services integrated with the evernote service .

our user guidelines provide more specific details regarding prohibited conduct on the service .

if we find that any shared content in your account violates our terms of service -lrb- including by violating another person 's intellectual property or privacy rights -rrb- , we reserve the right to un-share or take down such content .

i 'm guessing evernote has some rights relating to the service ?

while you own the content you store within the evernote service -lrb- subject to third party rights -rrb- , you acknowledge and agree that evernote -lrb- and our licensors -rrb- own -lrb- s -rrb- all legal right , title and interest in and to the service , including , without limitation , all software that is part of the service and all evernote software deployed by you or a third party to enable capturing of content originating outside the service , such as evernote scannable , evernote web clipper , the site memory widget or any of the evernote software applications for compatible computing devices that enable access and use of the service through such device -lrb- the `` evernote software '' -rrb- .

in agreeing to these terms , you also agree that the rights in the service and evernote software , including all intellectual property rights , such as trademarks , patents , designs and copyrights , are protected by one or more of copyright , trademark , patent , trade secret and other laws , regulations and treaties , in addition to these terms and any separate agreement .

in particular , you agree to not modify , create derivative works of , decompile or otherwise attempt to extract source code from any evernote software , unless you are expressly permitted to do so under an open source license , we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition .

right to modify the service .

we retain the right , in our sole discretion , to implement new elements as part of and/or ancillary to the service , including changes that may affect the previous mode of operation of the service or evernote software .

we expect that any such modifications will enhance the overall service , but it is possible that you may not agree with us .

we also reserve the right to establish limits to the nature or size of storage available to you , the number of transmissions , the ability to send or receive email messages , the nature or size of any index or library information , the nature of , or your continued ability to access or distribute , your content and other data , and impose other limitations at any time , with or without notice .

for example , if you use evernote basic , you will not enjoy all of the benefits provided to subscribers of evernote plus , evernote premium or evernote business .

you also acknowledge that a variety of evernote actions may impair or prevent you from accessing your content or using the service at certain times and/or in the same way , for limited periods or permanently , and agree that evernote has no responsibility or liability as a result of any such actions or results , including , without limitation , for the deletion of , or failure to make available to you , any content .

you agree that we shall not be liable to you or to any third party for any modification , suspension or discontinuance of any part of the service .

however , if you are a subscriber for evernote plus , evernote premium , evernote business or another paid version of the service -lrb- each a `` paid service '' -rrb- and find that any such modifications or interruption of the paid service adversely affects you , you may notify our customer support team , explain the adverse impact the modification has created and , if you desire , request a termination of your paid service .

upon receipt of any such request , we will endeavor to promptly remedy the adverse impact caused by the modification , extend the duration of your paid service subscription for a period of time equal to the interruption and/or refund a portion of your paid service subscription fee equal to the remaining unused term of the paid service subscription , as we determine appropriate or as may be required by applicable law .

right to engage third parties .

evernote engages certain affiliates or other third parties -lrb- `` service providers '' -rrb- to provide technical or other services relating to all or part of the service , and you hereby agree that such involvement by these service providers is acceptable .

in addition , evernote may contract with third party resellers of the evernote plus , premium or business versions of the service and payment processors to enable payments in your local currency and payment systems .

please see our privacy policy to understand the extent to which any affiliate or third party may have access to your account information or content and our commercial terms to understand our relationship with any reseller or payment processor .

right to use third-party software .

evernote may from time to time include as part of the service and evernote software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties .

we provide information about some of this third party software here and within the particular evernote software .

evernote expressly disclaims any warranty or other assurance to you regarding such third party software .

right to update our software .

in connection with any modification of the service , evernote may automatically download software updates on your computers and devices from time to time with the intention of improving , enhancing , repairing and/or further developing the service .

evernote will endeavor to provide you with the option of whether or not to install the update ; however , in certain circumstances -lrb- e.g. , security risks -rrb- , evernote may require you to install the update to continue accessing the service .

in all cases , you agree to permit evernote to deliver these updates to you -lrb- and you to receive them -rrb- as part of your use of the service .

do these terms apply to evernote business users ?

if you are using the service as part of an evernote business account , your use of the service is governed by these terms , except to the extent the separate agreement governing the evernote business account provides conflicting terms .

the customer who has contracted with evernote and the administrator of the evernote business account -lrb- as `` customer '' and `` administrator '' are defined in the applicable evernote business agreement -rrb- have the responsibility to and agree to share the terms of such separate agreement with each individual whose user account is linked to that evernote business account -lrb- `` end user '' -rrb- .

if you are an end user of an evernote business account , please note that the customer of your evernote business account -lrb- such as your employer or organization -rrb- may have established its own rules regarding end users ' access , use , disclosure , or retention of data stored in that account .

you can find more information on how your personal evernote service account works with your evernote business account in our privacy policy and in this help and learning article .

how does evernote respond to copyright or other intellectual property violations ?

we respond to clear and complete notices of alleged infringement of copyright , trademark or other intellectual property laws that satisfy the requirements in these terms -lrb- which we believe to comply with the united states digital millennium copyright and other applicable laws -rrb- .

if you believe that your intellectual property rights have been violated , please notify our compliance team according to the instructions provided by our ip rights compliance program and we will investigate .

note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so , and evernote does not accept any obligation to take any particular action to enforce or protect any party 's intellectual property rights on their behalf .

evernote is not directed to minors , and any use by minors should only be done with the guidance , supervision and consent of their parents , guardians and/or authorized school officials .

further , we rely on parents and guardians to ensure minors only use the service if they can understand their rights and responsibilities as stated in these terms and our privacy policy .

consistent with applicable law , evernote does not knowingly collect personal information from minors without parental consent .

if we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent , we will promptly delete it .

where does my data go ?

the service is available worldwide , but your data is stored in the united states , as described in our privacy policy .

if you use the service , you acknowledge that you may be sending electronic communications -lrb- including your basic subscriber information and content -rrb- , through computer networks owned by evernote , its service providers , and other third parties located in california and other locations in the united states and other countries .

as a result , your use of the service will likely result in interstate and possibly international data transmissions , and your use of the service shall constitute your consent to permit such transmissions .

how is my account closed ?

you may deactivate your account with our service at any time , for any reason -lrb- or no reason -rrb- .

however , if you want to deactivate your account you need to take certain specific steps , which are described in our help & learning article entitled `` how do i deactivate my account ? ''

if you subscribe to a paid service , you will need to cancel your subscription pursuant to our commercial terms .

evernote may act to temporarily limit your use of the service , suspend access to your account , or close your account , with or without notice according to these terms .

reasons for evernote suspending or closing your account may include , without limitation : -lrb- i -rrb- breach or violation of these terms -lrb- including the user guidelines -rrb- or any separate agreement , -lrb- ii -rrb- an extended period of inactivity -lrb- determined in evernote 's sole discretion -rrb- , -lrb- iii -rrb- your nonpayment of any fees or other sums due evernote or any other party related to your use of the service , -lrb- iv -rrb- the discontinuance or material modification of the service -lrb- or any part thereof -rrb- or -lrb- v -rrb- unexpected technical or security issues or problems or extensive unsupported use .

in most cases , in the event we elect to close your account , we will provide at least 30 days advance notice to you at the email address you have provided to us , so you have a chance to retrieve any content stored on the service servers -lrb- unless we determine that we are legally prohibited from providing such notice or enabling you to do so -rrb- .

after the expiration of this notice period , you will no longer be able to retrieve content contained in that account or otherwise use the service through that account .

what happens to my account when i die ?

evernote 's pledge to protect the privacy of your content will continue , even after your death or incapacity .

if you wish to enable someone to have access to your content or other data in your account after you are no longer able to provide them access , you need to implement a process for providing your information to them .

we will not provide your information , or your content , to anyone , even next of kin , unless we determine that we are legally obligated to do so .

we encourage you to include your basic subscriber information , with instructions on how to access your content , in your will or other estate plans , so that anyone you wish to have access to your account will have the means to do so .

please see our commercial terms for information on terminating payment for paid services upon death or incapacity .

if i have a great idea to share with evernote , what are my rights ?

when you submit any ideas , suggestions , documents and/or proposals relating to the service -lrb- or other products or services -rrb- to evernote through the `` contact us , '' user forum or support interfaces or through any other channel or mechanism -lrb- collectively , `` contributions '' -rrb- , you acknowledge and agree that : -lrb- i -rrb- your contributions do not contain confidential or proprietary information ; -lrb- ii -rrb- evernote is not under any obligation of confidentiality , express or implied , with respect to the contributions ; -lrb- iii -rrb- evernote shall be entitled to use or disclose -lrb- or choose not to use or disclose -rrb- such contributions for any purpose , in any way ; -lrb- iv -rrb- evernote may have something similar to the contributions already under consideration or in development ; -lrb- v -rrb- your contributions automatically become the property of evernote without any obligation of evernote to you ; and -lrb- vi -rrb- you are not entitled to any accounting , compensation or reimbursement of any kind from evernote under any circumstances .

our business model is to make the service so valuable that our users will want to subscribe to a paid service .

however , we may display advertisements and promotions on or in connection with the service , some of which may be paid for by third parties .

for more information , please see our privacy policy and cookie information page .

some advertising or other messaging content we provide will be based upon information provided by third parties , and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages .

furthermore , your interactions with advertisers found on or through the service , including , without limitation , all reliance upon advertising , all commercial transactions and legal obligations associated therewith , are solely between you and such advertisers .

what else do i need to know ?

third-party links , content and programming .

we may include or recommend third party resources , materials and developers and/or links to third party websites , content and applications as part of , or in connection with , the service .

we may have little or no control over such sites or developers and , accordingly , you acknowledge and agree that -lrb- i -rrb- we are not responsible for the availability of such external sites , content or applications ; -lrb- ii -rrb- we are not responsible or liable for any content or other materials or performance available from such sites or applications and -lrb- iii -rrb- we shall not be responsible or liable , directly or indirectly , for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content , materials or applications .

you agree to indemnify and hold evernote , its subsidiaries , affiliates , officers , agents , employees , advertisers , service providers and other partners harmless from and against any and all claims , liabilities , damages -lrb- actual and consequential -rrb- , losses and expenses -lrb- including legal and other professional fees -rrb- arising from or in any way related to any third party claims relating to your use of any of the service , any violation of these terms of service or any other actions connected with your use of the service -lrb- including all actions taken under your account -rrb- .

in the event of such claim , we will endeavor to provide notice of the claim , suit or action to the contact information we have for the account , provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder .

limitation of liability and disclaimer of warranties .

to the maximum extent permitted by law , the service is available `` as is . ''

you expressly understand and agree that :

your use of the service and the purchase and use of any services are all at your sole risk .

the service is provided on an `` as is '' and `` as available '' basis .

to the maximum extent permitted by law , evernote 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 .

evernote does not warrant that -lrb- i -rrb- the service will meet all of your requirements ; -lrb- ii -rrb- the service will be uninterrupted , timely , secure or error-free ; or -lrb- iii -rrb- all errors in the software or service will be corrected .

any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer or other device or loss of data resulting from the download or use of any such material .

no advice or information , whether oral or written , obtained by you from evernote or through or from the service shall create any warranty not expressly stated in these terms of service .

you expressly understand and agree that evernote , its subsidiaries , affiliates , service providers , and licensors , and our and their respective officers , employees , agents and successors shall not be liable to you for any direct , indirect , incidental , special , consequential or exemplary damages , including but not limited to , damages for loss of profits , goodwill , use , data , cover or other intangible losses -lrb- even if evernote has been advised of the possibility of such damages -rrb- resulting from : -lrb- i -rrb- the use or the inability to use the service or to use promotional codes or evernote points ; -lrb- ii -rrb- the cost of procurement of substitute services resulting from any data , information or service purchased or obtained or messages received or transactions entered into through or from the service ; -lrb- iii -rrb- unauthorized access to or the loss , corruption or alteration of your transmissions , content or data ; -lrb- iv -rrb- statements or conduct of any third party on or using the service , or providing any services related to the operation of the service ; -lrb- v -rrb- evernote 's actions or omissions in reliance upon your basic subscriber information and any changes thereto or notices received therefrom ; -lrb- vi -rrb- your failure to protect the confidentiality of any passwords or access rights to your account ; -lrb- vii -rrb- the acts or omissions of any third party using or integrating with the service ; -lrb- viii -rrb- any advertising content or your purchase or use of any advertised or other third-party product or service ; -lrb- ix -rrb- the termination of your account in accordance with the terms of these terms of service ; or -lrb- x -rrb- any other matter relating to the service .

nothing in these terms of service -lrb- including the limitation of liability provisions -rrb- is intended to exclude or limit any condition , warranty , right or liability which may not be lawfully excluded or limited .

some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts , negligence , breach of contract or breach of implied terms , or incidental or consequential damages .

accordingly , only those liability and other limitations which are lawful in your jurisdiction -lrb- if any -rrb- will apply to you and our liability is limited to the maximum extent permitted by law .

if evernote has to send me notice of something , how will that happen ?

this is another reason why it 's important for you to make sure your basic subscriber information is accurate , complete and up to date .

we may provide you with notices by email -lrb- to the email address associated with your account -rrb- , regular mail or postings on the website -lrb- s -rrb- related to the affected service .

how can i send a notice to evernote ?

except where these terms or any separate agreement specifically provide for use of a different means or address for notice , any notice to evernote must be delivered by email to compliance@evernote.com .

this email address may be updated as part of any update to these terms of service .

if you are unable to deliver notice via email , you may send a notice to us at the following address -lrb- as applicable to your service provider -rrb- :