TERMS & CONDITIONS
Last Updated: May 07, 2020
Welcome to the Forevernote website hosted at Forevernote.com (the “Website”) and operated by Forevernote Inc., a Delaware corporation (“Forevernote”, “we” or “us”). These Terms & Conditions govern your use of the Website and related software (including mobile applications), platforms, tools, product support pages, product information, educational videos and related services provided by Forevernote (collectively referred to hereafter as the “Service”).
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH FOREVERNOTE. PLEASE READ IT CAREFULLY.
Read our License Agreement
For information about licenses governing your use of the Service, please see the End User License Agreement (the “License Agreement”). By accessing or using the Service, you agree to be subject to the terms and conditions of the License Agreement.
Important Disclaimer: YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE UNDERTAKING ANY HEALTH OR WELLNESS PROGRAM OR UTILIZING HEALTH OR WELLNESS TOOLS. The information (including posts, articles, videos and other media displayed at the Website) available through the Service are broad in nature and in scope, for informational purposes only and are not meant to be a substitute for the medical advice provided by your doctor or other health care professional. It is not intended to be relied upon and are not a substitute for professional medical advice based on a user’s individual condition and circumstances. Forevernote and its remote correspondents and representative are not health care providers or medical professionals, nor should the Service be considered medical advice. While there is a wide range of research and publications affirming that personal communication, companionship and emotional support can assist in mitigating feelings of loneliness and isolation, Forevernote makes no claims, representations or guarantees that the Service provide a therapeutic benefit and Forevernote and its remote correspondents do not diagnose, treat or otherwise address the physical or mental conditions of its users, including any diseases, psychiatric disorders, or suicidal tendencies. The claims made through the Service have not been evaluated by the United States Food and Drug Administration and the Service is not intended to diagnose, treat, cure or prevent diseases or mental health disorders. For personal healthcare information and advice and before revising your health or wellness choices and strategies, please consult your physician or other professional healthcare advisor who is familiar with your personal circumstances. We do not guarantee that the recommendations, content, analysis or communication features available through the Service are safe and appropriate for every individual. Each person is different, and the way you react to a particular therapy, treatment or regimen may be significantly different from the way other people react.
Description of Service Offerings: Forevernote provides Authorized Users (as defined below) with software, platforms and tools for individuals to arrange, for their own personal benefit, or for the benefit of others whom those individuals have a familial or caretaking relationship, personal communication and companionship services offered through the Service in a structured fashion in an effort to improve emotional wellbeing, ease isolation and gain interactivity through contact with others. Through the Service, Authorized Users can order various offerings through subscription plans that feature personalized check-ins, reminders, conversations, written exchanges and weekly reports to family members and friends which are handled by remote correspondents retained by Forevernote and/or platforms and tools offered through the Service.
Content and Accuracy of Information: We attempt to ensure that information on this Service is complete, accurate and current. Despite our efforts, the information on this Service may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Service.
Use of Service Content: All materials provided by the Service, including, but not limited to, software, videos, platform tools, information, images, graphics, logos, sounds, compilations, content and services (“Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by Forevernote, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content). Forevernote reserves all rights in and to the Content not expressly granted to you hereunder. You shall have no rights to the Content and you shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of Forevernote. Also, you may not "mirror" or “archive” any Content contained on the Service on any other server without Forevernote’s prior express written permission. You may not sublicense, assign or transfer any licenses granted by Forevernote, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Content. Except where expressly provided otherwise by Forevernote, nothing on the Service shall be construed to confer any license or ownership right in or to the Content, under any of Forevernote’s intellectual property rights, whether by estoppel, implication, or otherwise. Any unauthorized use of any Content contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to their computer. You agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice. Forevernote is entitled to investigate and terminate your use of the Service (including the termination of the Subscription) if you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited and violates the Terms & Conditions of the Service:
- Harassing, abusing or otherwise inappropriately contacting any Forevernote representative or correspondence or other user of the Service;
- Collecting information about the Service or any users of the Service without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Service, without our written consent;
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Service or any portion thereof;
- Accessing or using the site for commercial or competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Service.
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Service;
- Using the Service for any purpose in violation of local, state, national, international laws
- Using the Service in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- Posting, distributing or reproducing in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- Removing any copyright, trademark or other proprietary rights notices contained in the Service or forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Service;
- Circumventing any measures implemented by Forevernote aimed at preventing violations of the Terms & Conditions.
Registration for an account is subject to the following additional terms and conditions:
- Age: An account can only be registered by those individuals who are 18 years of age and older, organizations and business entities, and who can form legally binding contracts under applicable law. By registering for an account, you represent and warrant that you are at least 18 years old and that all registration information you submit (either on your own behalf or on behalf of an individual with you have a familial or caretaking relationship) is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law and the right to access Forevernote is revoked in such jurisdictions.
- Authority: If you are registering for the Service on behalf or for the benefit of another party (hereafter, a “Beneficiary”), you represent and warrant that (1) you have a familial or custodial relationship with the Beneficiary whom you believe will welcome access to the Service, (2) you have the authorization of the Beneficiary to purchase a subscription his or her behalf and to provide information to us for purposes of providing the Service to the Beneficiary, and (3) you shall be fully responsible for all charges incurred to the account, even if the applicable products or services are rendered at the request of the Beneficiary.
- Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Forevernote of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Forevernote without our express written permission.
- Account Transfer: The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent, which may be withheld in our reasonable discretion. Any attempted assignment or other transfer without such consent shall be void, and any such attempt shall be deemed to be a breach of this Agreement. All of our rights and obligations under this Agreement are freely assignable by Forevernote. As used herein, the terms “assignment” and “transfer” shall include (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.
- Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.
- COMMUNICATION SERVICES ARE PROVIDED TO AUTHORIZED UERS BY FOREVERNOTE VIA REMOTE VIDEO AND/OR AUDIO CONFERENCE AND ARE NOT PROVIDED IN-PERSON. FOREVERNOTE IS NOT RESPONSIBLE FOR ANY TASKS THAT CAN ONLY BE COMPLETED IN-PERSON.
- Communications may be recorded by using audio and/or video recording software and tools. As part of the Service, Authorized Users must consent to the recording for the purposes of rendering and improving the Service. Recordings made of Authorized Users may be provided subject to the terms and associated charges.
ACCOUNT TERMS AND CONDITIONS
An account allows you (and individuals authorized by the registered member to access and use the Service (including Beneficiaries)) (collectively referred to hereafter as “Authorized User” or “Authorized Users”) to access the Service. An account is required for each Authorized User. An account may be procured through the Forevernote interface (i.e. the online checkout process), or in some cases, via an order form or separate account agreement entered into between registered member and us (hereafter, the “Order Form”). Please see https://support.forevernote.com/hc/en-us/categories/360001484932-Terms-and-Conditions for more information on procuring accounts and adding new Authorized Users. Each Authorized User must agree to the Terms & Conditions to activate their accounts. Accounts commence when we make the Service available to the Authorized User(s) and continue for the term agreed upon and as applicable. Each account is for a single Authorized User for a specified term and is personal to that Authorized User. We sometimes enter into other kinds of ordering arrangements, but that would need to be spelled out and agreed to in an Order Form. With an active account, adding more accounts is simple. Unless the Order Form says otherwise, registered members may purchase more accounts at the same price stated in the Order Form and all will terminate on the same date. Please note these additional terms and conditions for Accounts:
- If you wish to cancel your account, you must contact Forevernote before the commencement of your first scheduled interview:
- By Email at email@example.com between the hours of 9:00 am PST to 5:00pm PST on Monday through Friday; or
- By telephone at 888-854-8006 between the hours of 9:00 am PST to 5:00pm PST on Monday through Friday
- All Forevernote Narrative products including Gifts and e-Gifts are subject to conversion without notice to equal or greater value Forevernote Collaborative products for failure to schedule a Forevernote interview within 90 days of purchase. For those that have started the process, customers will have until 11:59pm Friday, June 12 to complete their books and approve it for print. Otherwise, the account will be converted to the new Forevernote platform and the process will need to start again from the beginning.
- Account fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). To the extent mandated by the applicable law, Authorized Users may be responsible for paying certain Taxes associated with its/his/her purchases.
NOTICE RELATED TO SOFTWARE
Any software that is available to download via the Service is the copyrighted work of Forevernote and/or its third-party suppliers. Use of the Forevernote software is governed by the License Agreement (referenced above). The Forevernote software is made available for download solely for use by Authorized Users according to the License Agreement. Any reproduction or redistribution of the Forevernote software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Forevernote software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement.
LINKS TO THIRD PARTY SITES
The Forevernote website or applications may contain links or have references to websites controlled by parties other than Forevernote. Forevernote is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Forevernote is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Forevernote of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Forevernote. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FOREVERNOTE OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICE AND ANY WEBSITE OR MOBILE APPLICATION ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, SOFTWARE, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER'S BREACH, OR RELATED TO A USER’S INDEMNITY OBLIGATIONS.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FOREVERNOTE, THE SERVICE AND ANY PRODUCTS AND CONTENT AVAILABLE VIA THE SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, FOREVERNOTE AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICE, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. FOREVERNOTE AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SERVICE, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOREVERNOTE AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICE, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE UP THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER FOREVERNOTE NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. FOREVERNOTE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FOREVERNOTE, THE SERVICE, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS.
You must comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Forevernote controls and operates the Service associated therewith.
Except where expressly provided otherwise by Forevernote, all comments, feedback, images, videos, information and data submitted to Forevernote through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and non-proprietary. Except as expressly enumerated in the preceding sentence, by providing such Submissions to Forevernote, you agree to assign to Forevernote, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant Forevernote these rights. Forevernote shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Forevernote, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You may request deletion of Submissions by Forevernote for your account by contacting Forevernote via e-mail at firstname.lastname@example.org. To the extent you are an Authorized User under an employer’s or business entity’s account, this request much be made by the official representative of said employer or business entity.
Forevernote may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in Forevernote’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.
Forevernote complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the Forevernote designated agent via email at email@example.com or via registered US mail sent return receipt to:
Attention: DMCA Compliance Agent
2800 28th Street, Suite 302
Santa Monica, CA 90405
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with FOREVERNOTE or its Third-Party Providers in connection with the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at firstname.lastname@example.org can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Attention: Notice of Dispute
2800 28th Street, Suite 302
Santa Monica, CA 90405
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in these Terms & Conditions will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, the Terms & Conditions (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration proceeding with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Governing Law & Exclusive Venue
Use of the Service and any claim relating to Forevernote shall be governed by the laws of the State of California and litigated in the State of California. Subject to the Resolution of Disputes section above, any non-covered disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Website from even if you are accessing the Website from outside of the United States of America.
You may not assign these Terms & Conditions without the prior written approval of Forevernote. Any purported assignment in violation of this section shall be void. Forevernote reserves the right to use third party providers in the provision of the Service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Forevernote.
If you have any questions regarding these terms or wish to contact us for any matter: