Terms and Conditions of Use and Privacy Policy

Welcome to WeCloseNotes.com.  If you continue to use this website (or “site”), you are agreeing to comply with and be bound by the following terms and conditions of use, including the Privacy Policy below.  These Terms and Conditions govern WeCloseNotes.com’s relationship with you regarding this site. If you disagree with any part of these terms and conditions, please do not use our site.

General Terms

(1)    The content of the pages of this website is for your general information and use only.It is subject to change without notice.

(2)    Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

(3)    Your use of any information or materials on this website is entirely at your own risk,for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

(4)    The information, content, look and feel, design, layout, graphics, and images on this website are protected under United States copyright and trademark laws.  The copying,downloading, or reproduction of same is prohibited.  The violation of this provision may subject you to civil or criminal penalties.

(5) This site includes links to other websites operated by third parties.  WeCloseNotes.com has no control over the content or policies of such websites.  Any products or services purchased or provided by a third party is subject solely to the third-party’s terms and conditions, including payment and return policies, and WeCloseNotes.com has no responsibility for same.   Your business dealings or correspondence with, or purchase of products or services from, such third parties, and any terms, conditions, warranties or representations associated with such dealings or sales are solely between you and such third party. WeCloseNotes.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or sales.


Privacy Policy

Last Updated: November 10, 2015

WeCloseNotes.com strives to offer its visitors the advantages of Internet technology and to provide an interactive and personalized experience. We may use your Personally-Identifiable Information (i.e., your name, e-mail address, street address, and telephone number) subject to the terms of this privacy policy to communicate with you. We will not sell, barter, trade or rent your Personally-Identifiable Information to any third party, except to business partners and organizations that may wish to provide you with services, products or information in which you may be interested.  If you are contacted by any such entity, you will have the option of opting out of any further communications from it.

To change your Personally-Identifiable Information on this site, please manually log onto this site and you will be provided tools to make the necessary changes.

We collect and store Personally-Identifiable Information depending upon the webpage or links you visit, the activities in which you elect to participate and the services or productsprovided to you.  For example, you may be asked to provide information when you register for access to certain portions of our site or request certain services, such as newsletters, or when you purchase a service or product.  Like most sites, the WeCloseNotes.com site collects information through the use of electronic tools.  For example, we may maintain a
record of your Internet Service Provider or use cookie technology, which may be placed on your computer, to recognize you and learn information from your visit.  Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or it may control the number of times you encounter a particular advertisement while visiting our site.

In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password.

We may use Personally-Identifiable Information collected on WeCloseNotes.com to  communicate with you about your registration, our Terms and Conditions and Privacy Policy, services and products offered by WeCloseNotes.com or its business partners, or other topics we think you might find of interest.

Personally-Identifiable Information collected by WeCloseNotes.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of ecommerce transactions, and other communications with you.  Certain third parties who provide technical support for the operation of our site (our site hosting service for example) may access and analyze such information. In addition, we may sell, buy, merge or partner with other companies or businesses.  In such transactions, Personally-Identifiable Information may be among the transferred or shared assets.

We may disclose your Personally-Identifiable Information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary.  In such a case, we may not provide you with notice prior to disclosure.

WeCloseNotes.com may collect information from visitors to WeCloseNotes.com that is not personally-identifiable, including the visitor’s operating system, browser, domain name, and the specific pages on WeCloseNotes.com, or links on WeCloseNotes.com, that are accessed or visited.

Aggregated Personally-Identifiable Information (information that does not personally identify you) may be used in many ways.  For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive).  Aggregated Information may be shared with our advertisers and business partners.

Affiliated Sites, Linked Sites, Advertisements, Message Boards and Chat Rooms

WeCloseNotes.com expects its partners, advertisers and affiliates to respect the privacy of our users.  Please understand, however, that third parties, including our partners,advertisers, affiliates, and other content providers, who provide websites, features,
products, or services, accessible through our site, are required to have their own respective privacy and data collection policies and practices. WeCloseNotes.com is not responsible for the actions or policies of such third parties. You should check the applicable policies of each such third party when providing information on a page it operates.

You should also be aware that if you voluntarily disclose Personally-Identifiable Information on any message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties.  Such activities are beyond the control of WeCloseNotes.com and this policy.

COPPA

WeCloseNotes.com is not directed to children under age thirteen.  WeCloseNotes.com does not knowingly collect or solicit Personally-Identifiable Information from or about children under age thirteen except as permitted by law.  If we discover that we have received any Personally-Identifiable Information from a child under thirteen in violation of this policy, we will delete that information immediately and not use it for any purpose. If a parent of a child under the age of thirteen notifies us that the child has provided Personally-Identifiable Information on our site, we shall, if requested by the parent, either: (a) provide the parent with access to the child’s Personally-Identifiable Information and/or delete it and/or prevent the further use and knowing collection of the child’s information, as directed by the parent.

If you believe WeCloseNotes.com has any information from or about anyone under the age of 13, please contact us at the following email address:

scott@WeCloseNotes.com

E-mail and Telephone Marketing Policy

If you received an email or telephone call from us: (a) your email address is either listed with us or one of our business partners that promotes products or services through us, as
someone who has shared it for the purpose of receiving information in the future (“opt-in”), or (b) you have registered or purchased or otherwise have a relationship with us or one of our business partners, whose products or services we market.

Each email sent by us or on our behalf contains an automated way for you to cease receiving email from us (“opt-out”).  If you wish to cease receiving emails from us, simply follow the instructions at the end of any such email.  Each telephone call made by us or on our behalf includes an automated way for you to cease receiving telephone calls from us.  If you wish to cease receiving telephone calls from us, simply follow the instructions at the
end of any such telephone call.

If you have received unwanted, unsolicited emails or telephone calls from us or purporting to be from us, after having opted out of same, please contact us at Scott@WeCloseNotes.com for review and: (a) for any solicited telephone call, please identify the date and time of the call, the general subject matter, and your name and phone number so we can remove it from our list, (b) for any unsolicited email, please forward a copy of any email including your email address so we can remove your email address from our list.

Disclaimer – Compensation and Affiliate Affidavit

As a Marketing Affiliate, WeCloseNotes.com receives compensation for sales of some products and services on or accessible via this site. The information on this site is, to the best of WeCloseNotes.com’s knowledge accurate.  WeCloseNotes.com does not control, and is not responsible for, information on third-party sites that are linked to this site.

DMCA Provisions

This site operates within the provisions of the Digital Millennium Copyright Act (DMCA) including Section 512, which provides a “safe harbor” provision for system administrators and owners.

WeCloseNotes.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and procedures for making claims of copyright infringement below.

EMAIL ADDRESS TO WHICH NOTIFICATION SHOULD BE SENT TO:


scottt@WeCloseNotes.com

To be effective, the notification of your claim of copyright infringement must be written and include the following:

A statement that you are the owner of the exclusive right you claim has allegedly been infringed, or that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

The identification of the copyrighted work you claim has been infringed.  If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.

Identification of the material that you claim to be infringing and information sufficient to permit WeCloseNotes.com to readily identify the material.

Your address, telephone number, fax number and email address.

The owner of the exclusive right that you claim has been infringed.

Your signature, which may be an electronic signature.

A statement you have a good-faith belief that the alleged infringing use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement, under penalty of perjury, that the information in the notification is accurate and that you have the authority to act on behalf of the copyright owner.

WeCloseNotes.com will promptly respond to any DMCA complaint.

If WeCloseNotes.com believes that a DMCA complaint is valid, it shall remove or disable the infringing content and shall notify the alleged infringer of the complaint and permit it to send a counter-notice.  If the alleged infringer provides a proper counter-notice under the DMCA claiming that the allegedly infringing material does not infringe, WeCloseNotes.com must promptly notify you of the alleged infringer’s objection.  If the copyright owner does not bring a lawsuit in district court within 14 days thereafter, WeCloseNotes.com is required to restore the allegedly infringing material to its original location.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, WeCloseNotes.com will terminate, in appropriate circumstances and at WeCloseNotes.com’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. WeCloseNotes.com may also, in its sole discretion, limit access to this site and/or terminate the account of any user who infringes any intellectual property rights of others through the use of this site, whether or not there is any repeat infringement.

Indemnification

You agree to immediately defend, indemnify and hold harmless WeCloseNotes.com and its affiliated entities, independent contractors, service providers and consultants, from and against any allegations, claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your unauthorized use of the site, a breach of these terms and conditions, and any content you post, store or otherwise transmit on or through the site, or your violation of any law(s), regulation(s), or the right(s) of any third party.
Disclaimer

THE SITE, THE MATERIALS CONTAINED THEREIN, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WeCloseNotes.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE.  WeCloseNotes.com DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  WHILE WeCloseNotes.com ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WeCloseNotes.com DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability

IN NO EVENT SHALL WeCloseNotes.com, ITS OWNERS, EMPLOYEES, AFFILIATES, MEMBERS, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, . INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

Changes to These Policies

WeCloseNotes.com reserves the right to change this policy at any time.  Please check this page periodically for changes.  Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing Law and Jurisdiction

This policy and the use of this site are governed by Texas law, expressly excluding its conflict of laws provisions.  If a dispute arises related to this policy or the use of this site, we agree to first try to resolve it with the assistance of a mutually agreed-upon mediator located in Austin, Texas during a one-day mediation session.  Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration to a single arbitrator under the then current rules of the American Arbitration Association.  Any costs and fees other than attorney fees associated with the arbitration will be shared equally by each of us.  Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

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