Terms of Service

Last updated: December 15, 2017

By using the Nota (“Service”) you are agreeing to be bound by the following terms and conditions ("Terms of Service"). These Terms apply to all visitors, users and others who access or use the Service. Locality, LLC ("Company") reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.

YOUR USE OF THE SERVICE

If you are using the Services on behalf of a business or other legal entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. If you do not have such authority, or if you do not agree with the Terms of this agreement, you may not accept this agreement, nor may you use the Nota Service.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. 

YOUR ACCOUNT

As a registered user, you will have login information, including a username and password. You are responsible for maintaining the security of your account and password. Your account is personal, and you may not share your account and login information with, or allow access to your account by, any third party. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account). You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must notify Nota immediately upon becoming aware of any breach of security or unauthorized use of your account. You will be solely responsible for the losses incurred by Nota and others (including patients) due to any unauthorized use of your account that takes place prior to notifying Nota that your account has been compromised.

You must provide your legal full name, a valid email address, and any other information requested in order to create your Nota account. Your login may only be used by a single person - a single login shared by multiple individuals is not permitted. Your Nota account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Nota with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.

ACCEPTABLE USE OF NOTA

Nota is trusted by its users, and we trust you to use our Service responsibly. You are solely responsible for Your User Content. Locality does not endorse any, nor are we responsible for, User Content. You assume all risks associated with Your User Content, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

CONTENT OWNERSHIP

All content posted on the Nota Service must comply with U.S. copyright law. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours. The look and feel of the Service is copyright© Locality, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

PRIVACY

We collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You are agree that by using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred to and processed in the United States.

INDEMNIFICATION

You agree to indemnify and hold Locality harmless against any loss, damage or costs (including reasonable attorney’s fees) incurred in connection with Claims made or brought against Locality by a third party arising from or relating to (i) Your breach of Section 4, or (ii) Your use of Your Data or the Nota Service.

MODIFICATIONS

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

NO WARRANTY

The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

LIMITATION OF LIABILITY

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

MISCELLANEOUS LEGAL TERMS

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

In the unlikely event that Locality has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Locality claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Boston, Massachusetts under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Locality from seeking injunctive or other equitable relief from the courts as necessary to protect any of Locality’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LOCALITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that the Service is based in Massachusetts; and these Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

These Terms, together with any amendments and any additional agreements you may enter into with Locality in connection with the Service, will constitute the entire agreement between you and Locality concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Please contact us at support@nota-app.com with any questions regarding these Terms.