Terms of Use

These Website Terms of Use (“Terms”) govern your use of the website at https://notabene.id/ and related blogs, domains, mobile sites, and applications maintained by Notabene, Inc. or for products or services offered by Notabene, Inc. whose governing agreements or licenses expressly reference or incorporate these Terms (collectively, the “Site”). 

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. THESE TERMS OF USE ARE BINDING AS EXPRESSLY REFERENCED IN OR INCORPORATED INTO OTHER AGREEMENTS OR LICENSES. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

PLEASE BE AWARE THAT SECTION 10.2 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING ANY DISPUTES THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A NAMED PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

The “Privacy Policy” available at https://notabene.id/privacy-policy is incorporated into these Terms as if fully set forth herein.

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1. 1. Definitions
   
   1. 1.1. “Company,” “we,” “us” and “our” refer to Notabene, Inc. 
   2. 1.2. “You,” “your” or “yourself” mean the individual or entity visiting or using the Site.

1. 2. Accounts, Fees and Payment 
   
   1. 2.1. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. All fees and applicable taxes, if any, are payable in United States dollars (unless otherwise agreed in writing). You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes, if any. In addition, you are responsible for all incidental charges associated with our processing your payments.
   2. 2.2. Account Creation.  To use certain features of the Site, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8. 
2. 3. Access to the Site
   
   1. 1. 3.1. Ownership. All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items, which are embodied in the Site (collectively, “Content”) constitute the sole and exclusive property of Company or its subsidiaries, affiliates, licensors, and content providers. Neither these Terms, nor your access to the Site or any related products or services, transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.2. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
      2. 3.2. License.  Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal or internal business use.
      3. 3.3. Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you must not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you must not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you must not access the Site or use related products or services to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies of it.
      4. 3.4. Modification.  Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.  You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part of it.
      5. 3.5. No Support or Maintenance.  Unless otherwise agreed to in writing, you acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
      6. 3.6. Feedback.  If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3. 4. Acceptable Use
   
   1. The following terms constitute our “Acceptable Use Policy”:
      
      1. (a) You agree not to use the Site to collect, upload, transmit, display, or distribute any data/information in a manner (i) that violates any third-party rights, including any privacy rights, (ii) that is disruptive, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party, or (v) that results in Company’s processing of data which causes Company to violate any laws, regulation, rights, or obligations or restrictions imposed by any third party.
      2. (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or unduly burden servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
4. 5. Third-Party Links & Ads; Other Users
   
   1. 5.1 Third-Party Links. The Site may contain links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.  Your use of Third-Party Links is at your own risk and you should apply a suitable level of caution and discretion in doing so.  When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with, or otherwise interacting with, such Third-Party Links.
   2. 5.2. Other Users.  If the Site provides the option for you or third parties to upload or publish content (“User Content”), you are solely responsible for any and all of your own User Content.  Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content, whether uploaded or published by you or others.  Your interactions with other users of the Site or any related products or services are solely between you and such users.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any user of the Site or the Services, we are under no obligation to become involved.
   3. 5.3. Release.  You hereby release and forever discharge Company (and our affiliates, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
5. 6. Disclaimers 
6. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. 
7. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, CERTAIN RESULTS WILL BE OBTAINED, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH REQUIRED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. 
8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 
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10. 7. Limitation on Liability
11. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY (OR OUR AFFILIATES OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIVE DOLLARS ($5.00). YOU AGREE THAT OUR AFFILIATES AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
13. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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15. 8. Term and Termination.  ‍
16. Subject to this Section 8, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account, and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of data associated with your Account from our live databases or your inability to continue using the Site. Company will not have any liability to you whatsoever for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content or your inability to use the Site. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3 through 10.
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18. 9. Copyright Policy. 
19. Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us at legal [at] notabene.id
20. 1. 1. your physical or electronic signature;
    2. 2. identification of the copyrighted work(s) that you claim to have been infringed;
    3. 3. identification of the material on the Site that you claim is infringing and that you request us to remove;
    4. 4. sufficient information to permit us to locate such material;
    5. 5. your address, telephone number, and email address;
    6. 6. a statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
    7. 7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
21. Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
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23. 10. General
    
    1. 10.1. Governing Law. The validity, interpretation, and performance of these Terms will be governed by the laws of the State of New York (USA) without giving effect to the conflicts of laws provisions or principals thereof. You agree to the exclusive jurisdiction of the state and federal courts located within Kings County, New York (USA).
       
    2. 10.2. Changes.  We may revise these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on our Site and updating the “Last Updated” date. We may also provide additional notice (such as by email to the address associated with your account or through the Site or the services made available through the Site). Changes are effective upon posting unless otherwise stated in the notice. Your continued use of the Site following such posting constitutes your acceptance of the revised Terms.
       
       1. (a) Waiver of Jury Trial.  YOU AGREE FOR YOURSELF AND FOR ANY ENTITY ON WHOSE BEHALF YOU ARE ACTING TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. 
       2. (b) Waiver of Class or Other Non-Individualized Relief.  YOU AGREE FOR YOURSELF AND FOR ANY COMPANY ON WHOSE BEHALF YOU ARE USING THE SITE THAT (I) NO LEGAL PROCEEDING SHALL BE CERTIFIED AS A CLASS ACTION OR PROCEED AS A CLASS ACTION, OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY (ON BEHALF OF THE GENERAL PUBLIC, OTHER CUSTOMERS, OR POTENTIAL CUSTOMERS OR PERSONS SIMILARLY SITUATED), AND (II) NO PROCEEDING HEREUNDER SHALL BE CONSOLIDATED WITH, OR JOINED IN ANY WAY WITH, ANY OTHER PROCEEDING. COMPANY AGREES TO THE SAME LIMITATIONS SET FORTH IN THIS SECTION.
    3. 10.3. Export. The Site may be subject to export control laws and regulations in the United States or other countries.  You agree not to export, re-export, or transfer, directly or indirectly, any data acquired from Company, or any products utilizing such data, in violation of any such export laws or regulations. 
    4. 10.4. Electronic Communications.  The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you by email.  For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing.  The foregoing does not affect your non-waivable rights.
    5. 10.5. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Prior Terms of Use versions:

ToU before May 18, 2026