Datasets:

LawInformedAI

/

claudette_tos

like 1

redwood city , california 94063 usa

federal taxpayer registration cnpj/mf no 17.566.240 / 0001-50

cep : 01310-300 , são paulo/sp

are there countries where i 'm not allowed to use evernote ?

you may not use or otherwise export the service or any evernote software except as authorized by united states -lrb- `` u.s. '' -rrb- law and the laws of the jurisdiction in which the service is hosted or where you use the service .

in particular , but without limitation , the evernote software may not be -lrb- i -rrb- exported or re-exported into any countries that are subject to u.s. economic sanctions or -lrb- ii -rrb- provided to or used by anyone on the u.s. department of the treasury 's lists of foreign sanctions evaders or specially designated nationals or the u.s. department of commerce denied persons , unverified , or entity lists .

by using the service , you represent and warrant that you are not located in any such country or on any such list , and shall not use the service , or provide access to or use of the service to anyone , in any such country .

in addition , you are responsible for compliance with applicable export control , economic sanctions and related laws when you travel across international borders and access your content .

what law applies to my use of evernote ?

if you are a resident of the united states or canada , these terms and the relationship between you and evernote -lrb- including any dispute -rrb- shall be governed in all respects by the laws of the state of california , united states of america , as they apply to agreements entered into and to be performed entirely within california between california residents , without regard to its conflict of law provisions .

if you reside in brazil , these terms and the relationship between you and evernote -lrb- including any dispute -rrb- shall be governed in all respects by the laws of brazil and shall be considered to have been made and accepted in brazil , without regard to conflict of law provisions .

if you reside outside of the united states , canada , and brazil , these terms and the relationship between you and evernote -lrb- including any dispute -rrb- shall be governed in all respects by the laws of switzerland and shall be considered to have been made and accepted in switzerland , without regard to conflict of law provisions .

if any provision of these 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 .

what do i do if i think i have a claim against evernote ?

let us know about your complaint .

we want to know if you have a problem so we encourage you to contact our customer support team if you have any concerns with respect to the operation of the service or any evernote software , as we want to ensure that you have an excellent experience .

if you conclude that we have not satisfied your concern and that you must pursue legal action , you agree that your claim must be resolved by the processes set forth in these terms .

evernote provides the service to you on the condition that you accept the dispute resolution provisions described below , so if you initiate any claim against evernote in any other manner , you shall be in violation of these terms and you agree that evernote shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse evernote for its reasonable costs incurred in defending against such improperly initiated claim .

you agree that prior to initiating any formal proceedings against evernote , you will send us a notice to our attorneys at legalnotice@evernote.com and state that you are providing a `` notice of dispute . ''

upon receipt of a notice of dispute , you and we shall attempt to resolve the dispute through informal negotiation within sixty -lrb- 60 -rrb- days from the date the notice of dispute is sent .

if the dispute remains unresolved , either you or we may initiate formal proceedings according to these terms .

except where our dispute is being resolved pursuant to an arbitration -lrb- as provided below -rrb- , if you are a resident of the united states or canada , you agree that any claim or dispute you may have against evernote must be resolved exclusively by a state or federal court located in san mateo county , california .

you agree to submit to the exclusive personal jurisdiction of the courts located within san mateo county , california -lrb- and , for the avoidance of doubt , to exclude the jurisdiction of any other court -rrb- for the purpose of litigating all such claims or disputes .

except where our dispute is being resolved pursuant to an arbitration -lrb- as provided below -rrb- , if you reside in brazil , you agree that any claim or dispute you may have against evernote must be resolved exclusively by the courts in são paolo-sp , brasil .

you agree to submit to the exclusive personal jurisdiction of the courts located within são paolo-sp , brasil -lrb- and , for the avoidance of doubt , to exclude the jurisdiction of any other court -rrb- for the purpose of litigating all such claims or disputes .

except where our dispute is being resolved pursuant to an arbitration -lrb- as provided below -rrb- , if you are not a resident of the united states , canada , or brazil , you agree that any claim or dispute you may have against evernote must be resolved exclusively by the courts in zurich , switzerland .

you agree to submit to the exclusive personal jurisdiction of the courts located within zurich , switzerland -lrb- and , for the avoidance of doubt , to exclude the jurisdiction of any other court -rrb- for the purpose of litigating all such claims or disputes .

unless you are subject to the arbitration agreement set out below , and subject to any applicable laws , if a claim arises between you and evernote where the total value of such claim is less than us$ 10,000 , the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person .

this `` alternative dispute resolution process '' shall be initiated by either party sending notice to the other , in which event you and evernote agree to use our reasonable efforts to agree within thirty -lrb- 30 -rrb- days upon an individual or service to manage the alternative dispute resolution process -lrb- the `` arbitration manager '' -rrb- according to the following requirements : -lrb- i -rrb- neither party shall be required to attend any proceeding in person , -lrb- ii -rrb- the proceeding will be conducted via written submissions , telephone or online communications or as otherwise agreed upon , -lrb- iii -rrb- the fees for the arbitration manager will be borne equally by the parties or be submitted to the arbitration manager to determine as part of the dispute and -lrb- iv -rrb- the judgment rendered by the arbitration manager may be entered in any court of competent jurisdiction for enforcement .

if you are a resident of the european union -lrb- eu -rrb- , please note that we offer this alternative dispute resolution process , but we can not offer you the european commission dispute platform as we do not have an establishment in the eu .

if you reside in the united states or are otherwise subject to the us federal arbitration act , you and evernote agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your , our or either of our licensors ' intellectual property rights - shall be resolved exclusively through final and binding arbitration , rather than in court , except that you may assert claims in small claims court , if your claims qualify .

the federal arbitration act governs the interpretation and enforcement of this arbitration agreement .

-lrb- note that if you were a service user prior to december 4 , 2012 and formally elected to opt out of the arbitration agreement pursuant to the procedures set out in our terms of service that were effective as of december 4 , 2012 , you are not subject to this arbitration agreement . -rrb-

our arbitration proceedings would be conducted by the american arbitration association -lrb- `` aaa '' -rrb- under its rules and procedures applicable at that time , including the aaa 's supplementary procedures for consumer-related disputes -lrb- to the extent applicable -rrb- , as modified by our arbitration agreement .

you may review those rules and procedures , and obtain a form for initiating arbitration proceedings at the aaa 's website .

the arbitration shall be held in the county in which you reside or at another mutually agreed location .

if the value of the relief sought is us$ 10,000 or less , either of us may elect to have the arbitration conducted by telephone or based solely on written submissions , which election shall be binding on us subject to the arbitrator 's discretion to require an in-person hearing .

attendance at an in-person hearing may be made by telephone by you and/or us , unless the arbitrator requires otherwise .

the arbitrator will decide the substance of all claims in accordance with the laws of the state of california , including recognized principles of equity , and will honor all claims of privilege recognized by law .

the arbitrator shall not be bound by rulings in prior arbitrations involving different evernote users , but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law .

the arbitrator 's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties , except for a limited right of appeal under the federal arbitration act .

the aaa rules will govern the payment of all filing , administration and arbitrator fees , unless our arbitration agreement expressly provides otherwise .

if the amount of any claim in an arbitration is us$ 10,000 or less , evernote will pay all filing , administration and arbitrator fees associated with the arbitration , so long as -lrb- i -rrb- you make a written request for such payment of fees and submit it to the aaa with your demand for arbitration and -lrb- ii -rrb- your claim is not determined by the arbitrator to be frivolous .

in such case , we will make arrangements to pay all necessary fees directly to the aaa .

if the amount of the claim exceeds us$ 10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation , evernote will pay as much of the filing , administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive .

if the arbitrator determines the claim -lrb- s -rrb- you assert in the arbitration are frivolous , you agree to reimburse evernote for all fees associated with the arbitration paid by evernote on your behalf , which you otherwise would be obligated to pay under the aaa 's rules .

you and evernote agree , as part of the arbitration agreement , that each of us may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding .

we refer to this as the `` prohibition of class and representative actions . ''

unless both you and we agree otherwise , the arbitrator may not consolidate or join your or our claim with another person 's or party 's claims , and may not otherwise preside over any form of a consolidated , representative or class proceeding .

the arbitrator may only award relief -lrb- including monetary , injunctive , and declaratory relief -rrb- in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party 's individual claim -lrb- s -rrb- .

any relief awarded can not affect other evernote users .

except with respect to the prohibition of class and representative actions , if a court decides that any part of this arbitration agreement is invalid or unenforceable , the other parts of this arbitration agreement shall continue to apply .

if a court decides that the prohibition of class and representative actions is invalid or unenforceable , then this entire arbitration agreement shall be null and void .

the remainder of these terms and this section -lrb- what do i do if i think i have a claim against evernote ? -rrb-

you agree that regardless of any statute or law to the contrary or the applicable dispute resolution process , any claim or cause of action you may have arising out of or related to use of the service or otherwise under these must be filed within one -lrb- 1 -rrb- year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim .

the provisions of this section , entitled `` claims are time-barred '' shall be deemed to constitute a separate written legally binding agreement by and between you and us .

special notice for california users .

under california civil code section 1789.3 , users of the service from california are entitled to the following specific consumer rights notice : the complaint assistance unit of the division of consumer services of the california department of consumer affairs may be contacted in writing at 1625 north market blvd. , suite n 112 , sacramento , ca 95834 , or by telephone at -lrb-916-rrb- 445-1254 or -lrb-800-rrb- 952-5210 .

you may contact us via email at legalnotice@evernote.com or at :

redwood city , california 94063 usa

a couple of final , but important , points .

first , these terms constitute the entire agreement between you and evernote and govern your use of the service , except for , and then only to the extent that you have entered into a separate agreement .

these terms supersede any prior agreements or earlier versions of these terms between you and evernote for the use of the service as of the effective date indicated at the top of these terms .

if , through accessing or using the service , you utilize or obtain any product or service from a third party , you may additionally be subject to such third party 's terms and conditions applicable thereto , and these terms shall not affect your legal relationship with such third party .

second , you acknowledge and agree that each affiliate of evernote shall be a third party beneficiary to these terms and that such other companies shall be entitled to directly enforce , and rely upon , any provision of these terms which confers a benefit on -lrb- or provides rights in favor of -rrb- them .

other than this , no other person or company shall be a third party beneficiary to these terms .

finally , the section headings in these terms of service are for convenience only and have no legal or contractual effect .

this terms of service agreement -lrb- the `` agreement '' -rrb- governs your use of onavo mobile ltd 's and onavo inc 's -lrb- `` onavo '' , `` we '' , `` our '' , or `` us '' -rrb- mobile data usage reduction software applications -lrb- the `` apps '' -rrb- , the onavo website at www.onavo.com -lrb- the `` website '' -rrb- , and other websites and online services that link to these terms -lrb- collectively , including the apps and the website , the `` services '' -rrb- .

please read this agreement carefully before using the services .

by using the services , you hereby acknowledge and agree that you have read and understand this agreement and agree to be legally bound by it .

if you do not agree with the terms and conditions in this agreement , you may not install , access or use the services .

this agreement applies to the use of the services and any content -lrb- defined below -rrb- included therein by every computer or other communication means -lrb- such as cellular phones , wireless mobile devices , pda 's , etc. -rrb- .

this agreement further applies to the use of the services via the internet or any other communication networks .

for your reference , a definitions section is included at the end of this agreement .

you affirm that you are at least 13 years old .

if you are under 13 years of age you may not use the services .

these terms contain a binding arbitration agreement and class action waiver , which state that you and onavo agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or jury .

you may opt out of this part of the terms .

onavo provides apps that perform functions like compressing mobile data , analyzing mobile data usage , and helping to secure mobile data communications on certain mobile platforms and communication networks .

by using the apps , your access to the internet through your device may be routed through onavo 's servers , which , among other things , may compress the data transmitted and reduce the volume of your downloads and/or uploads , analyze your mobile data usage , or help secure your information , for your benefit .

for more information about onavo 's services , please visit the website .

onavo grants you a limited , non-exclusive , non-transferable , revocable license , without right to sub-license , to access and use the services , solely for your own personal purposes , subject to the terms and condition of this agreement .

all rights not expressly granted herein are reserved by onavo .

you may not interfere in any manner with the functionality of the services or use the services in any way that breaches any code of conduct , policy or other notice applicable to the services .

onavo alone shall own all rights , title and interest evidenced by , embodied in , and/or attached/connected/related to the services , including , but not limited to , all related intellectual property rights -lrb- defined below -rrb- in and to the services , the content , onavo technology -lrb- defined below -rrb- and any suggestions , ideas , enhancement requests , feedback , recommendations or other information provided by you or any other party relating to the services .

onavo 's name , trademarks , service marks , logos , and the product names associated with the services are trademarks and/or service marks and/or trade names owned by onavo or third parties who licensed their rights to onavo , and no right or license is granted hereunder to use them .

the onavo apps and any software that is made available to download from the website is copyrighted and is subject to this agreement .

any reproduction or redistribution of the apps or the software not in accordance with this agreement is expressly prohibited , and may result in civil and criminal penalties .

unless otherwise expressly permitted in this agreement , you may not copy , distribute , display or perform publicly , sublicense , decompile , disassemble , reduce to human readable form , execute publicly , make available to the public , adapt , make commercial use , process , compile , translate , sell , lend , rent , reverse engineer , combine with other software , modify or create derivative works of any of the services , which are subject to intellectual property rights or other proprietary rights , either by yourself or by a third party on your behalf , in any way or by any means , including , but not limited to electronic , mechanical or optical means , other than as expressly permitted in this agreement .

you may not adapt or use otherwise any name , mark or logo that is identical , or confusingly similar to any of onavo 's trademarks .

when used with onavo 's permission , all trademarks must be identified as trademarks of onavo using the appropriate symbol -lrb- e.g. , ™ or ® -rrb- .

you must avoid any action or omission which may dilute , or tarnish onavo 's goodwill or reputation .

you agree to abide by all messages and signs pertaining to proprietary rights , such as -- copyright mark -lsb- © -rsb- or trademark -lsb- ® or ™ -rsb- accompanying the content .

you agree to retain and not to distort , remove or tamper with any trademark , logo , copyright or other intellectual property notice appearing on or contained within the services , whether of onavo or any other third parties .

we do not claim ownership over content , such as text and images , that you may upload through the services .

however , when you do so , you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the internet through the services , in accordance with these terms .

without derogating from the foregoing , onavo does not endorse or assume any responsibility with respect to content posted by users through the services and marked improperly .

this agreement does not convey to you any ownership interest in or to the services , but only a limited and revocable right of use in accordance with the terms of this agreement .

nothing in this agreement constitutes a waiver of onavo 's intellectual property rights under any law .

use of the services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages .