CorpNote™ is a copyrighted intellectual property and product brand of Set Now Solutions and is protected and bound by all State, National and International commerce laws.
The following is a legal agreement between Set Now Solutions, ("Set Now Solutions," "CorpNote," "we," "us," or "our") the creators and providers of the CorpNote eCard system and "you," ("Customer," "Visitor," "Member" or "Account Owner") the user of this Site. By accessing, browsing and/or using this web site, you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations.
This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Grant of License
CorpNote Membership grants the Individual and Company Member a non-exclusive right to access and use the paid, members-only features of the CorpNote service. Only the Individual Member or Company Member has the right to access the system, and may not share, disclose or distribute their password information to others. Two or more individuals may not share a CorpNote Member account. If multiple individuals associated with a location, business, group or family wish to use the CorpNote system, then each individual must establish a separate, paid membership account, regardless of the billing contact. Set Now Solutions will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner or Company Administrator.
Ownership and Copyright of web site content
The technology and processes used on the CorpNote web site are intellectual property rights reserved by Set Now Solutions, and are protected by Local, National and International law. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the CorpNote web site or permit others to do so. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, any license, title, or ownership of or to any intellectual property right of Set Now Solutions.
All of the images, interface elements and promotional/administrative text on CorpNote are copyrighted intellectual property of CorpNote and Set Now Solutions with the exception of trademarked and copyrighted material used by our customers to create custom cards or customized navigation designs. The photographic and art images in our CorpNote eCard library are the property of CorpNote and may not be reproduced, in whole or in part, for any use other than as a CorpNote online eCard. CorpNote Members may distribute images only via the CorpNote mail delivery system, and recipients may print their CorpNote eCards, provided the image remains in context with the associated message and notice of copyright. The CorpNote logo, images, or cards may not be used, reproduced or redistributed, in whole or in part, for commercial purposes without the express written consent of Set Now Solutions.
Customer Content Restrictions/Applicable Laws
It is the responsibility of the Account Owner to use the CorpNote service in compliance with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortious interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, Set Now Solutions shall have the right to consider same a breach of this Agreement by customer which shall entitle Set Now Solutions to terminate Customer immediately without prior notice.
It is the Member’s responsibility to attain the rights to any content they send via the CorpNote eCard system.
Representation and/or Warranties
Set Now Solutions makes no representations and cannot guarantee that Customer's content does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Set Now Solutions liable for any damages, injuries or losses incurred by Customer as a result of any legal action instituted by a third party.
Inappropriate Content and Usage
Set Now Solutions strictly prohibits the use of the CorpNote system to upload, post, link to or otherwise transmit any content that is: unlawful, harmful, threatening, profane, abusive, harassing, tortious, terrorist, defamatory, vulgar, obscene, or pornographic, or which may give rise to civil or criminal liability under applicable law; libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harmful to minors in any way; or which violates any copyright or other proprietary rights of another.
Set Now Solutions does not intend to screen content transmitted by its members, is not responsible for such content, and reserves the right to immediately terminate any member that violates the rules set forth in this Agreement.
It shall be within the sole discretion of Set Now Solutions to deem material as inappropriate.
Unsolicited Mailings/Anti-SPAM Policy
Set Now Solutions strictly prohibits the use of the CorpNote service to send or relay unsolicited e-mail (spam). If any member of CorpNote or customer of Set Now Solutions participates in the sending of unsolicited e-mail, unsolicited bulk mailings, unsolicited spot mailings or any other form of mailing commonly known as SPAM, their membership will be cancelled immediately and all access to their CorpNote account will be terminated. CorpNote and Set Now Solutions does not support the practice of spam and will terminate their association with any company or individual using our services if that company or individual has been identified as the source of unsolicited e-mail/SPAM. If in violation, then all of a memberís information stored on Set Now Solutions servers will be removed immediately. There are no exceptions and no second chances.
Customer understands that email and the Internet have inherent security vulnerabilities, and care must be taken to protect confidential information. Set Now Solutions has designed the CorpNote system using industry-standard security measures to protect the privacy and integrity of its Members personal and confidential data. As an Internet and e-mail based technology, CorpNote is subject to the same risks and vulnerabilities as all web browser and email dependent products and services. For your protection, avoid sending or receiving confidential information, such as passwords, Social Security numbers and credit card information via the CorpNote system.
Member Account Access and Security
Customer shall be solely responsible for protecting the security of its CorpNote account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties.
Storage of your eCard history, personal settings and preferences will be saved on the CorpNote server for 60 days after they are sent, and Personal Preferences, Address Book contacts, eCard history and other customizable data will be saved for 30 days after your CorpNote Membership expires.
AT NO TIME SHALL SET NOW SOLUTIONS ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Termination by Individual Member or Company Member
For Individual Members: any member wishing to terminate their account must browse to our Secure Termination Form, located at http://www.corpnote.com/help/cancelAccount.asp, and complete the online cancellation process. The cancellation process requires two steps: 1. submission of the online form, and 2. confirmation via email.
Termination must be completed no later than four (4) business days before member's monthly billing cycle date to avoid the next month's fee. Once a member's monthly fee has been processed, the monthly fee cannot be refunded, but the Member will have full access to their account services for the remainder of the billing period for which they have been charged.
In the event the Customer disputes a charge to their account, it is the member's responsibility to contact CorpNote within 45 days of when the questionable charge was processed, using CorpNote’s Account Services Support Form, located at http://www.corpnote.com/help/accountServices.asp.
In the event that Set Now Solutions elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event that Set Now Solutions elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
For Company Members: If you are accessing the CorpNote system as a Company Member, then your billing and administration is being processed by a 'Company Administrator,' who must be contacted directly for termination instructions and payment guidelines. CorpNote does not process individual cancellations and refunds for Account Owners enrolled in a Company Membership plan.
Customer agrees that Set Now Solutions shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that Set Now Solutions shall not be held liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold Set Now Solutions liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
IN NO EVENT SHALL SET NOW SOLUTIONS LIABILITY EXCEED THE TOTAL VALUE PAID TO SET NOW SOLUTIONS BY CUSTOMER.
Customer agrees to indemnify and hold Set Now Solutions harmless in any legal action which arises as a result of Customer's use of CorpNote and Set Now Solutions services, without limitation or exception including, but not limited to any action brought against Set Now Solutions by a third party.
Jurisdiction and Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Warranty Restrictions and Limitation Of Liability.
The materials, information and services provided on this web site are provided "as is" without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Set Now Solutions is not responsible for any failure of electronic greetings sent through the service to reach their intended recipients or to reach such recipients on the date specified by the sender. The materials, information and services available on the web site are subject to change without notice. Set Now Solutions and any of its officers or employees shall not be held liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys' fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any information provided at the site.
This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that Set Now Solutions liability shall not exceed any sums paid pursuant this agreement. Set Now Solutions does not take any responsibility for or assumes any liability for any content uploaded or otherwise transmitted by you, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using the site. You agree to hold harmless Set Now Solutions and its officers and employees from all claims based upon communications or materials made available by you on the web site.
Set Now Solutions does not guarantee that any of its web site materials or services are appropriate for use in locations outside of the United States, Canada and the United Kingdom. All fees for CorpNote Membership are due in U.S. dollars ($).
Those who choose to access this web site from other locations do so on their own initiative and are responsible for making payment in U.S. Dollars ($), and using the site in compliance with local laws.
Third Party Links to the CorpNote web site
Other Internet web sites may offer a link to the CorpNote web site; CorpNote does not make any representations or give any warranties with respect to any information contained in or at these other sites. Set Now Solutions is not liable for any damages or injury arising from the content of these other sites. Set Now Solutions does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Set Now Solutions shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials.
You hereby indemnify, defend and hold harmless Set Now Solutions, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. Set Now Solutions reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
The terms and conditions of this Agreement may be modified at the discretion of Set Now Solutions with 30 days notice to Customer.
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify Set Now Solutions of disagreement with the above terms and conditions will constitute Customer's acceptance of same.
Customer's failure to properly notify Set Now Solutions of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. Set Now Solutions current Terms and Conditions may be viewed at www.corpnote.com/about/terms.asp.