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This is another reason why it’s important for you to make sure your Basic Subscriber Information is accurate, complete and up to date. | clearly_fair | 774 |
We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Service. | clearly_fair | 775 |
How Can I Send a Notice to Evernote? | clearly_fair | 776 |
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 [email protected]. | clearly_fair | 777 |
This email address may be updated as part of any update to these Terms of Service. | clearly_fair | 778 |
If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider): | clearly_fair | 779 |
Evernote Corporation | clearly_unfair | 780 |
305 Walnut Street | clearly_fair | 781 |
Redwood City, California 94063 USA | potentially_unfair | 782 |
Attention: Legal Notice | clearly_fair | 783 |
Evernote GmbH | clearly_fair | 784 |
Walchestrasse 9 | clearly_fair | 785 |
8006 Zurich, Switzerland | clearly_fair | 786 |
Attention: Legal Notice | clearly_fair | 787 |
Evernote Do Brasil Serviços De | clearly_fair | 788 |
Aplicações Ltda | clearly_fair | 789 |
Federal Taxpayer Registration CNPJ/MF no 17.566.240/0001-50 | clearly_fair | 790 |
Avenida Paulista, no 2.300 | clearly_fair | 791 |
Andar Pilotis | clearly_unfair | 792 |
Edifício São Luiz Gonzaga | clearly_fair | 793 |
CEP: 01310-300, São Paulo/SP | clearly_fair | 794 |
Attention: Legal Notice | clearly_fair | 795 |
Are There Countries Where I’m Not Allowed to Use Evernote? | clearly_fair | 796 |
You may not use or otherwise export the Service or any Evernote Software except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Service is hosted or where you use the Service. | clearly_fair | 797 |
In particular, but without limitation, the Evernote Software may not be (i) exported or re-exported into any countries that are subject to U.S. economic sanctions or (ii) 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. | clearly_fair | 798 |
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. | clearly_fair | 799 |
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. | clearly_fair | 800 |
What Law Applies to My Use of Evernote? | clearly_fair | 801 |
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. | clearly_fair | 802 |
What Do I Do If I Think I Have a Claim Against Evernote? | clearly_fair | 803 |
LET US KNOW ABOUT YOUR COMPLAINT. | clearly_fair | 804 |
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. | clearly_fair | 805 |
INITIATING A FORMAL CLAIM. | clearly_fair | 806 |
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. | clearly_fair | 807 |
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. | clearly_fair | 808 |
You agree that prior to initiating any formal proceedings against Evernote, you will send us a notice to our attorneys at [email protected] and state that you are providing a “Notice of Dispute.” | clearly_fair | 809 |
Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. | clearly_fair | 810 |
If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms. | clearly_fair | 811 |
ALTERNATIVE DISPUTE RESOLUTION PROCESS. | clearly_fair | 812 |
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 (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) 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 (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement. | clearly_fair | 813 |
If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution Process, but we cannot offer you the European Commission Dispute Platform as we do not have an establishment in the EU. | clearly_fair | 814 |
ARBITRATION AGREEMENT. | clearly_fair | 815 |
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. ( | clearly_fair | 816 |
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.) | clearly_fair | 817 |
Our arbitration proceedings would be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. | clearly_fair | 818 |
You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. | clearly_fair | 819 |
The arbitration shall be held in the county in which you reside or at another mutually agreed location. | clearly_fair | 820 |
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. | clearly_fair | 821 |
Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. | clearly_fair | 822 |
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. | clearly_fair | 823 |
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. | potentially_unfair | 824 |
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. | clearly_fair | 825 |
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. | clearly_fair | 826 |
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 (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. | clearly_fair | 827 |
In such case, we will make arrangements to pay all necessary fees directly to the AAA. | clearly_fair | 828 |
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. | clearly_fair | 829 |
If the arbitrator determines the claim(s) 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. | clearly_fair | 830 |
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. | clearly_fair | 831 |
WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” | clearly_unfair | 832 |
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. | clearly_fair | 833 |
THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). | clearly_fair | 834 |
ANY RELIEF AWARDED CANNOT AFFECT OTHER EVERNOTE USERS. | clearly_unfair | 835 |
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. | clearly_fair | 836 |
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. | potentially_unfair | 837 |
The remainder of these Terms and this Section (What Do I Do if I think I Have A Claim Against Evernote?) | clearly_unfair | 838 |
will continue to apply. | clearly_fair | 839 |
CLAIMS ARE TIME-BARRED. | clearly_fair | 840 |
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. | potentially_unfair | 841 |
SPECIAL NOTICE FOR CALIFORNIA USERS. | clearly_fair | 842 |
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., | clearly_fair | 843 |
Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. | clearly_fair | 844 |
You may contact us via email at [email protected] or at: | clearly_fair | 845 |
Evernote Corporation | clearly_unfair | 846 |
305 Walnut Street | clearly_fair | 847 |
Redwood City, California 94063 USA | potentially_unfair | 848 |
Attention: Legal Notice | clearly_fair | 849 |
Anything Else? | clearly_fair | 850 |
A couple of final, but important, points. | clearly_unfair | 851 |
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. | clearly_unfair | 852 |
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. | clearly_fair | 853 |
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. | clearly_fair | 854 |
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 (or provides rights in favor of) them. | clearly_fair | 855 |
Other than this, no other person or company shall be a third party beneficiary to these Terms. | clearly_fair | 856 |
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect. | clearly_unfair | 857 |
https://www.facebook.com/legal/terms/plain_text_terms | clearly_fair | 858 |
Terms of Service | clearly_unfair | 859 |
Welcome to Facebook! | clearly_unfair | 860 |
For messaging, voice and video calling services included in Facebook Products, please click here for a contract summary and here for other information required by the European Electronic Communications Code. | clearly_fair | 861 |
Facebook builds technologies and services that enable people to connect with each other, build communities, and grow businesses. | clearly_fair | 862 |
These Terms govern your use of Facebook, Messenger, and the other products, features, apps, services, technologies, and software we offer (the Facebook Products or Products), except where we expressly state that separate terms (and not these) apply. | clearly_fair | 863 |
These Products are provided to you by Facebook Ireland Limited. | clearly_fair | 864 |
We don’t charge you to use Facebook or the other products and services covered by these Terms. | clearly_fair | 865 |
Instead, businesses and organizations pay us to show you ads for their products and services. | clearly_fair | 866 |
By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. | clearly_fair | 867 |
We use your personal data to help determine which ads to show you. | clearly_fair | 868 |
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. | clearly_fair | 869 |
Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. | clearly_fair | 870 |
We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. | clearly_fair | 871 |
See Section 2 below to learn more. | clearly_unfair | 872 |
Our Data Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. | clearly_fair | 873 |
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