Welcome to Smartnotes! This is a legal agreement between www.smartnotes.ai (“the Site”)
hereby also referred to as “we,” “our,” “Smartnotes,”
and the user, hereby also referred to as “you,” “member,”“buyer,”
Smartnotes provides an online marketplace for notes, hereby also referred to as “the Service”
, where users can buy and sell their original study notes,
hereby also referred to as “Notes.”
All users are subject to the following terms and conditions of this User Agreement.
We require that you read and accept this User Agreement before using the Services.
Regardless of whether you have or have not read this User Agreement, if you use any part of the Site then you are bound by the following terms and conditions of this User Agreement.
We have the right to update this User Agreement at any time and without notice.
If you disagree with any aspect of the following terms your only recourse is to discontinue use of the Site.
Smartnotes is only a platform for exchanging information between sellers and buyers of products and Services and therefore we are a third party.
The ownership of any Note or other items sold on the Site never transfers to Smartnotes.
At no time does the Site transfer ownership between seller and buyer.
Smartnotes does not represent either the seller or the buyer in specific transactions.
The Site is not liable for any aspect of transactions including, but not limited to, late payment or non-payment, non-delivery, damaged goods, copyright abuse, fraudulent or otherwise illegal postings.
Any guidance we provide as part of our Site, such as pricing, listing, or labels is solely informational and you may decide to follow it or not.
The Site is not liable for Smartnotes members, both sellers and buyers, and their actions.
Smartnotes does not guarantee the existence, quality, safety or legality of products; neither does the Site guarantee the accuracy of user content or listings.
Minors, users under the age of 18, may not sell or buy Notes or otherwise participate in the Services.
All users who wish to buy or sell Notes must be Smartnotes members.
Membership is FREE and creating an account is done so by the user’s own volition.
You agree to allow Smartnotes to communicate with you through emails about issues relating to your account.
It is your responsibility to maintain the accuracy of information within your membership account.
You are responsible at all times for maintaining the privacy of your Smartnotes username and password.
The Site will not be responsible for any identity theft. You may terminate your membership at any time.
We have the right to suspend or terminate your membership at any time, for any reason, and without explanation.
All members who sell Notes must have a Stripe account in order to receive payments for items sold through Smartnotes.
This requirement is meant to provide a more secure community for online Note transactions.
If you do not yet have a Stripe account, you will need to create a Stripe account separately from your Smartnotes registration.
You must be a Smartnotes member and have a Stripe account in order to sell Notes and receive payment for items sold.
Simply complete the ‘Post Note’ form found in the upper right corner and your Note will be uploaded into your gallery and ready to be viewed and purchased by Note buyers.
All items for sale shall remain so until you choose to delete the items from your gallery or if your membership is terminated.
You must be a Smartnotes member in order to buy Notes. Purchases are made at your own risk.
We reserve the right, but have no obligation, to reject or delete any profile, Note, review or image that we find to be illegal or offensive in nature.
We do not endorse and are not responsible for the accuracy or reliability of any statements made by third parties on the Site.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without first obtaining the prior consent of the owner of such proprietary rights.
You will not post false, inaccurate, misleading, deceptive, defamatory or libelous content.
You will not interfere with any other user’s listings or take any action that may undermine the feedback or ratings systems for yourself or other users.
You will not distribute viruses or any other technologies that may harm Smartnotes or the interests or property of users.
You are solely responsible for any illegal or offensive material you post on any portion of the Site.
You are solely responsible for your interactions with other Smartnotes members.
We reserve the right, but have no obligation, to monitor and/or mediate disputes between you and other members.
If we fail to monitor any type of misconduct on the Site, this will not waive our right to mediate a subsequent or similar act of misconduct.
to report any misconduct you find on the Site.
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers)
right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future.
To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Smartnotes, our assignees, our sublicensees, and their assignees in connection with our,
those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement.
You represent and warrant that such content is accurate.
You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement,
does not and will not infringe any Intellectual Property Rights of any third party.
Smartnotes takes no responsibility and assumes no liability for any content provided by you or any third party.
We do not endorse and are not responsible for the accuracy or reliability of any content made by third parties on the Site, including all member content (such as Notes, reviews, images, profiles and any other user added content).
It is your responsibility to discern the validity of any such user content.
We are also not responsible in any way for third party links.
Please visit third party links at your own risk.
Under no circumstances will Smartnotes be liable for any losses or damages resulting from member content or third-party links.
Smartnotes respects the intellectual property rights of others.
If you believe that material located on or linked to by Smartnotes violates your copyright, you are encouraged to
in accordance with the United States Digital Millennium Copyright Act.
We will respond to all such notices, including by removing the infringing content or disabling all links to the infringing content, as required or appropriate.
In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Smartnotes or others, the Site may, in its discretion,
terminate or deny access to, or use of, the Service. In the case of such termination, Smartnotes will be under no obligation to provide a refund of any amounts previously paid to the Site by that user.
Transaction Conditions & Fees
Smartnotes is only a platform and all transactions are the sole responsibilities of the seller and buyer.
All note purchases are nonrefundable.
Smartnotes deducts a 15% commission from the final amount paid to the seller.
Stripe fees of 2.9% and 30 cents are taken from the 15% commission.
Sales tax isn't included in the calculation.
You agree to pay sales taxes for all transactions completed within your state if your state collects sales tax.
Smartnotes does not issue 1099's since we never touch or see your payments.
Stripe issues 1099's as required by the IRS to those sellers who have sold at least $20,000 worth to at least 200 different customers, otherwise you are on your own.
We may change our seller fees from time to time by posting the changes on our Site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Smartnotes Services.
You must have a payment method on file when selling through our Site and pay all fees and applicable taxes associated with our Services.
The name "Smartnotes" and other Smartnote marks, logos, designs, and phrases that we use in connection with our Services are trademarks, Service marks, or trade dress of
Smartnotes in the U.S. and other countries. They may not be used without the express written prior permission of Smartnotes.
In order for the Site to work properly cookies must be enabled on your computer.
YOU AGREE THAT THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND.
SMARTNOTES IS NOT RESPONSIBLE FOR THE INTEGRITY, ACCURACY AND RELIABILITY OF ANY CONTENT ON THE SITE AND OF ANY THIRD-PARTY LINKS.
THE SITE DOES NOT GUARANTEE THAT IT WILL ALWAYS EXIST, BE AVAILABLE ONLINE OR BE FREE FROM VIRUSES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRECTION AND RISK, AND THAT SMARTNOTES,
ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT OR THE
USE OF THE SERVICE.
Limitation of Liability and Exclusive Remedy
SMARTNOTES IS IN NO WAY LIABLE FOR ANY DAMAGES, LOSSES, INJURIES OR ANY CLAIMS OF ANY KIND AND UNDER ANY CIRCUMSTANCES WHATSOEVER RESULTING FROM THE USE OF THE SITE.
HOWEVER, SHOULD FOR SOME REASON A LEGAL ISSUE INVOLVING SMARTNOTES NEED TO BE SETTLED IT MUST BE DONE WITHIN A DELEWARE STATE COURT OF LAW.
SHOULD SMARTNOTES BE FOUND LIABLE FOR A LOSS BY A DELAWARE COURT OF LAW THE MAXIMUM PAYOUT WOULD BE NO MORE THAN $100.
ANY CLAIM FILED AFTER 1 YEAR FROM DISPUTE SHALL BE VOID.
IF WE FAIL TO EXERCISE ANY PORTION OF THESE TERMS THIS WILL NOT WAIVE OUR RIGHT TO EXERCISE SUCH TERMS IN THE FUTURE.
FURTHERMORE, YOU AND SMARTNOTES KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents)
from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those
claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to defend, indemnify and hold harmless Smartnotes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty
contained in these Terms of Service, improper use of Smartnotes’ Services or your break of any law or the rights of a third party.
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent,
and the remaining portions will remain in full force and effect.
Headings are for reference purposes only and do not limit the scope or extent of such Section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We do not guarantee we will take action against all breaches of this User Agreement.
These Terms continue to apply, even after you close your account or cease using the Service.
We have the right to modify any part of the terms of this User Agreement at any time and without notification.
Continued use of the Site by you confirms your acceptance of any such modifications.
This User Agreement was last updated on February 11, 2020.
if you have any questions regarding this User Agreement.
Smartnotes.ai will not give or sell your personal information to any 3rd party! The information we collect is used solely by us to gain a statistical perspective of our
user base so that we can update the Site with our audience in mind.
If in the future this policy should change, we will provide notice and allow current members to opt-out of any information sharing.