Terms of Service

LAST MODIFIED: AUGUST 14TH, 2024

PLEASE READ OUR FULL TERMS OF USE CAREFULLY BEFORE ACCESSING ANY NOTEX LLC WEBSITE OR SERVICES. USING OR ACCESSING OUR SITE DECLARES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS LAID OUT IN OUR TERMS OF SERVICE AND PRIVACY POLICY.

This website is operated by NoteX LLC. Throughout the site, the terms “we”, “us” and “our” refer to NoteX. NoteX offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. NoteX is offered to all users who are aged 17 years or older and also reside in the United States (“US”) or any of the territories or possessions of the United States (“US”). These users who are aged 17 years old or older are recognized as capable of forming binding contracts under applicable law.

Modifications to the Terms

NoteX reserves the right to modify these Terms at any time by posting modified Terms. Your continued use of the Site next will constitute agreement with the changes/modifications made by NoteX LLC. All changes are effective immediately when we publish them. If you do not agree to these Terms, do not use this Site. Please review this page regularly to stay informed of any updates, as they are binding on you. You agree to use this Site and Services in a responsible manner that complies with these Terms, all applicable local and state laws.

Clarifications

  • “Material” means any material found on the NoteX Site without limitation any of the following - text, software, web pages, product/services data sheets, data, scripts, source code, API, graphics, photos, and interactive features and the trademarks, service marks and logos contained within.
  • “NoteX”, “we”, “our”, or “us” refers to NoteX LLC.
  • “Documents” means the documents provided on Site such as data sheets, FAQs, and other informational documents.
  • “Services” means any/all NoteX products, services, software, goods, supply, or any other item or service that may be purchased and accessible by you, whether or not branded by NoteX or as NoteX LLC.
  • “Site” means any of the websites found at or associated with NoteX.cloud, any website owned, managed, run, operated, or controlled by NoteX or any website linked to from these Terms.
  • “Third Party Information” means products, services, content, information, website, links, and other content provided by non-NoteX providers and their websites.
  • “You”, “your”, “user” or “customer” means any individual or entity that accesses any Site and/or any of the products, Services, software or other NoteX Material offered by NoteX.
  • “User Content” means any data, text, images, photographs, graphics, or other content you provide to NoteX through use of the Site or Service.

General Use of the Site

NOTEX LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY MATERIAL. NOTEX LLC ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING ANY CONTENTS, DATA, TEXT, OR IMAGES FROM THE SITE. You are permitted to access and utilize the Site and its Material for the sole purpose of preparing, evaluating, and purchasing any NoteX Services through the Site. Any other form of downloading, using, publishing, or distributing any aspect of the Material is strictly prohibited.

Any content you transfer to the Site by email or upload, including any data, questions, comments, suggestions, images, or web links will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy.

Any content you transfer or post may be used by NoteX for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, feedback, and postings. Furthermore, we are free to use, without limitation or restriction, any ideas, feedback, concepts, or techniques contained in any communication you send to or utilize through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing Services using such information.

Prohibited Activities

You are prohibited from using Services to directly or indirectly engage in any of the following prohibited activities (at our sole determination):

  • Anything that violates any laws or regulations in the United States “US”.
  • Causing a cyber threat to NoteX or others.
  • Violating intellectual property rights.
  • Any activity that may be considered slanderous or malicious.
  • Violating the personal rights of others.
  • Impersonating any individuals, groups, or organizations in a manner that may mislead, confuse, or deceive others.
  • Displaying others' private information without their authorization and permission.
  • Operating online lotteries, gambling, or casinos.
  • Promoting or providing assistance in promoting activities including but not limited to; content that is likely to shock, disgust, or support hatred, violence, terrorism, threats, abuse/cruelty to people or animals, harassment, hateful conduct, racism, sexual, pornographic, religious race or political intolerance, vandalism, crime, human trafficking, eating disorders, promotion of suicide, weapons, explosives, firearms, ammunition, and other dangerous substances. Facilitating or assisting in the promotion of activities such as engaging in or promoting items associated with illegal actions like illegal drugs whether chemical or herbal, psychoactive substances, equipment to facilitate illegal drug use, underage drinking or smoking, content that is meant to bully, exploit, degrade, or shame or appears to exploit others unfairly at their expense.
  • Additionally, encouraging or helping in the promotion of activities for unlicensed sale of drugs, including prescriptions. Selling of any controlled substances without providing proof of any appropriate permits in advance, or promoting, encouraging, or engaging in the distribution of prescription medication without a legitimate prescription.
  • Anything else NoteX, in its sole discretion, deems illegal, unethical, offensive, obscene, inappropriate, immoral, or abusive.

User Conduct Policy

You are permitted to only use the Site for lawful purposes and in accordance with these given Terms. You agree not to use the Site:

  • In any form that infringes any applicable federal, state, or local, law/regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Intended purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or by any other means.
  • To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the User Conduct Policy incorporated by reference in these Terms.
  • To facilitate the sending of any advertising or promotional content without our prior written consent, including any junk mail, spam, or any other similar solicitation.
  • To impersonate or attempt to impersonate NoteX, a NoteX team member, another user, or any other person/entity including, using names or email addresses associated with any of the foregoing.
  • To engage in any conduct that restricts or interferes with anyone's use or enjoyment of the Site, or which, as determined by us, may harm NoteX or its users, or expose them to liability.
  • In any manner that could disable, damage, or impair the site or hinder any other party's use of the Site disallowing them to participate in any activity through the Site.
  • To use any robot, program, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the content on the Site.
  • To use any manual processes to monitor or copy any of the content on the Site, or for any other purpose not expressly authorized in these Terms, without our previous written consent.
  • To use any device, software, or routine that interferes with the proper functionality of the Site.
  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any aspects of the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • To alternatively attempt to obstruct the proper working of the Site.

Images

We make every effort to provide clear and color-correct product images on the Site that best reflect the true nature of the products. However, website images are inherently limited in their ability to accurately show color, scale, and detail. Please be careful about making assumptions about products from the Site image alone.

Your Account Security

You must first complete the account sign-up/registration process and provide your billing and contact information (“Your Account”) in order to transact on the Site. You agree to deliver and uphold accurate, current, and complete information about Your Account, and any entity on whose behalf you order Services.

You are responsible for upholding the security and confidentiality of Your Account and are held responsible for any/all activities that occur and orders that are placed under Your Account. You must immediately notify us of any unauthorized use of Your Account or any other breach of security. It is your responsibility to log out from Your Account at the end of each session. We may suspend or discontinue Your Account in the event that we reasonably conclude that Your Account has been involved in a violation of these Terms or has been exposed to unauthorized access or use. You agree to work together with us with respect to investigations of any suspected or alleged violation of these Terms and any result that we will take to enforce them. You are held liable for any losses taken due to any unauthorized use of Your Account. NoteX is not liable for any loss or damage arising from your failure to secure Your Account or otherwise comply with these Terms.

Third Party Information & Links to Other Websites

You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. NoteX is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, NoteX reserves the right to prescreen Third Party Information.

Intellectual Property

All Site and Material provided on or through the Site are the intellectual property and copyrighted works of NoteX or other Third Party Information. You should assume that everything on the Site is under copyright unless otherwise clearly specified and may not be used except as provided herein without being granted our written permission.

Nothing within these Terms permits you any license or right, by implication or estoppel to use any Material without NoteX’s written permission. Unauthorized use of Material or anything on the Site is strictly prohibited. You validate that Material is provided merely as a matter of convenience and to assist you as currently provided without warranty of any kind and NoteX may cease the permissions granted to you in these Terms at any given time.

The NoteX company name, logos, brand, product and service names, content, and designs are trademarks of our group. You are not permitted to use such marks without our previous written permission. All other stated company names, logos, product and service names, designs, and content on this Site are trademarks of their respective owners/licensors.

Materials Provided by You (User Content)

With your use of the Site and Services, you may provide, upload, or otherwise make available to us User Content. You may also have the option to view, publish, store, and manage User Content via the Site or Services. You agree that you will only upload or use User Content within the Site and Services that you have the right and authority to upload such User Content as well as the authority to grant NoteX the licenses and rights to such User Content as set forth in these Terms. By providing the User Content to NoteX, you bestow us a continuous, royalty-free, irreversible, non-exclusive license to use, recreate, adjust, adapt, publish, publicly display, showcase, transmit and distribute the User Content in any form. NoteX’s use of the User Content includes, the right to incorporate or implement the User Content into any NoteX product or Service, and to display, market, authorize a sublicense, and distribute the User Content as incorporated in any product or Service distributed or offered by NoteX without any compensation to you. You affirm that you have the right and authority to grant this license, NoteX’s exercise of the rights granted pursuant to this license will not infringe or violate any third party rights, and all so-called moral rights in the User Content have been waived to the full extent allowed by law.

Albeit we are not obligated to prescreen User Content, we do reserve the right to do so, including the right to refuse or remove any User Content that, in our sole discretion, violates these Terms portrayed within our User Conduct Policy or is otherwise objectionable.

NoteX does not back up User Content. You consent to back up all of your User Content so that you can access when needed. As NoteX endures no responsibility for User Content, you agree to accept as a risk the loss of any of your User Content. You agree to indemnify and hold NoteX harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of our use of User Content.

Services

NoteX allows customers to create custom, handwritten cards that can be sent to their desired target audience through our local Post Office or hand-delivered if requested. Our Shipping Terms incorporated by reference in these Terms overlays all necessary details pertaining to how we will fulfill your orders. You can draft these cards to suit various occasions with a handwritten message, images, and a QR code. We offer a variety of handwriting styles you can choose from. NoteX also offers “Contact Lists” so you can upload your own mailing lists. It is entirely the customer’s sole responsibility to comply with up to date mailing restrictions, local laws, and any regulations regarding their “Contact List”. Our Shipping Terms referenced in these Terms are applicable in relation to your “Contact List”.

Site Pricing

NoteX aims to keep the Site up to date; however, occasional fluctuation in market conditions may change Service prices. It is our intention to honor the pricing shown on the Site, however, we reserve the right to change published prices of Service offered on the Site at any time. If a published Site price is incorrect on an item you have quoted or ordered, we will ensure you are informed with the most updated price prior to fulfilling the order.

Payments

You agree to pay all payments (and any additional fees) owed for Services when they are ordered. All payments (and additional fees) owed are in United States dollars and are non-refundable unless otherwise noted, even if Services are halted, ceased, or transferred before the end of the Services term. If you are exempt from sales tax, please provide a copy of your resale exemption certificate. Otherwise, state sales tax will also be added to your order where applicable.

Unless stated, you are permitted to pay for Services offered on the Site by distributing a valid credit card or ACH. You agree and acknowledge that it is your sole responsibility to adjust and maintain Your Account settings ensuring that your credit card or ACH information is current and valid. Failure to do so may result in interruption or loss of Services. NoteX will not be held liable to you or any third party regarding Services loss or interruptions. You must notify us of any billing problems or discrepancies within ten (10) days after they first appear on your credit card or bank account statement, otherwise, you surrender any right to dispute any such problem.

If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that NoteX may pursue all available lawful solutions in order to receive payment including, immediate cancellation without notice to you of any Services.

Additionally, NoteX reserves the right to charge you reasonable fees for; service upgrades (a one-time non-recurring charge) to be invoiced to you in the following billing cycle, outward tasks we may perform for you that are outside the normal realm of Services, additional time and/or costs we may incur in providing Services to you, and/or your noncompliance with these Terms as determined by us in our sole discretion. NoteX will provide proper notice of these additional fees as they are accrued. These additional fees will be billed to the main payment method on file with us.

NoteX expressly reserves the right to change or modify its prices and fees at any time, effective immediately without further notice to you, and such changes or modifications will be displayed online at this Site or communicated to you using the information we have on file. If you have purchased Services for a fixed duration, changes or modifications in prices and fees will be effective when the Service in question comes up for renewal. If you find any pricing change unacceptable, you may terminate Your Account, however NoteX will not refund any remaining portion of any prepaid fees or payments made prior.

If a Service is offered with a special promotion price or period, you agree that all subsequent periods after the initial promotion period will be billed at the then-stated list price for the Service.

Shipping & Delivery

Shipping, handling, and delivery times may vary due to an array of circumstances. NoteX assumes no responsibility for shipping, handling, or delivery delays caused by shipping carriers, weather conditions, natural disasters, technical problems, circumstances outside of our immediate control, or any damages resulting from the failure to receive an order on time. Your order could arrive late due to unforeseen delays in supply chain disruptions, delivery service, the breakdown of equipment, logistical issues, pandemics/epidemics, worker strikes, illness, etc.

Our estimated arrival dates are determined by adding the project turnaround time along with the estimated shipping, handling, and delivery time. Both production and shipping times are based on business days only and do not include weekends or holidays. Shipping, handling, and delivery dates are the best estimates and NoteX is not held liable for any notable or special damages arising from any delays in delivery.

Shipping Fees

NoteX estimates shipping charges as accurately as possible on the Site. However, on some occasions, we may underestimate or overestimate shipping charges. In such an event, we may make justifiable authorized adjustments to your shipping charges. You will always be notified about additional charges. Refusal of such charges may delay delivery of your order.

NoteX Shipping Terms

  • NOTEX IS NOT HELD LIABLE FOR INCORRECT SHIPPING ADDRESSES, UNDELIVERABLE ENVELOPES/PACKAGES, FAILED 3RD DELIVERY ATTEMPTS, OR OTHER USER ERRORS THAT IMPACT THE OUTCOME OF YOUR ORDER.
  • NOTEX IS NOT HELD LIABLE FOR DAMAGE TO THE PRODUCTS ARISING AFTER DELIVERY TO YOU OR THE DESIRED DELIVERY LOCATION.
  • NOTEX RESERVES THE RIGHT TO HAVE YOU RETURN THE ORIGINAL ORDER BEFORE REPRINTING OR REFUNDING YOUR ORDER.
  • WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR CLAIMS CAUSED BY RECEIVING PRINTED MATERIALS WHICH ARE DEFECTIVE OR INCOMPLETE OR WHICH RECEIVED LATER THAN THE ESTIMATED DELIVERY DATE.
  • We ship across the United States (“US”) or any of the territories or possessions of the United States (“US”). We do not offer any international shipping services and are not held liable for any shipping addresses that are not within the United States (“US”), territories, or possessions of the United States (“US”).
  • Split shipments can typically be fulfilled, however, that you will be subject to additional charges (You will be notified via email).
  • We make every attempt to have products shipped from our facility on or before the date specified in your order confirmation. In the event of a shipping delay, you will be notified as soon as possible. We generally provide tracking information within 24 hours of shipment.
  • All products become your property at the time they are accepted by the designated shipping service.

Indemnification

YOU SHALL INDEMNIFY AND PROTECT NOTEX, ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS HARMLESS FROM ANY CLAIMS, COSTS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS AND EXPENSES, INCLUDING JUSTIFIABLE ATTORNEYS’ FEES, DERIVING BY YOU IN USING THE SITE OR ANY SERVICE ORDERED VIA THE SITE INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THESE TERMS FOUND ON THE SITE OR INFRINGEMENT OF ANY THIRD PARTY OWNED RIGHTS BY YOU.

Warranties

You are responsible for implementing sufficient processes and security checkpoints to satisfy your desired requirements for antivirus protection, accuracy of data input/output, and for maintaining a means outside of our site for any reconstruction of any lost data. We cannot warrant that files available for downloading from your internet browser or the Site will be free of viruses or other destructive trojans/script. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED FLOOD ATTACK, VIRUSES, TROJANS, OR OTHER TECHNOLOGICALLY HARMING CONTENT THAT MAY INFECT YOUR COMPUTER/EQUIPMENT, PROGRAMS, PERSONAL DATA, OR OTHER PROPRIETARY CONTENT DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS ACQUIRED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY EXTERNAL WEBSITE LINKED TO IT.

NOTEX DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, THE RESULTS FROM USING THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE, THE SITE WILL BE AVAILABLE ON AN CONSTANT, TIMELY, SECURE, OR MISTAKE-FREE BASIS, THE QUALITY OF ANY SERVICES PURCHASED BY YOU THROUGH THE SITE WILL MEET YOUR STANDARD OR EXPECTATIONS, OR THAT ANY DEFECTS (EVEN IF UNREALIZED) WILL BE CORRECTED. NOTEX SHALL BE PERMITTED FROM TIME TO TIME TO INTERRUPT SERVICE IN ORDER TO PROVIDE MAINTENANCE AFFECTING THAT SERVICE.

Liability Disclaimer

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NOTEX, ITS AFFILIATES/LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, RESULTING FROM OR RELATING WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY MATERIAL ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE, OR FOR COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY THAT ARE INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA USE, AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE.

NOTEX’S LIABILITY AND YOUR SOLUTION RELATED TO INADEQUACY OF ANY SERVICE SHALL BE AS FOLLOWS; FIX, REPLACE, OR ADJUST THE PRODUCT OR SERVICE REQUESTED, OR WHERE FIXING, REPLACING, OR ADJUSTING IS NOT PLAUSIBLE, A REASONABLE CREDIT EQUIVALENT TO THE CHARGES INVOICED TO YOU FOR THE PORTION OF THE PRODUCT OR SERVICE WHICH WAS INADEQUATE.

FOR ANY PRODUCT OR SERVICE WE PROVIDE TO YOU, THE AGGREGATE LIABILITY OF NOTEX, ITS AFFILIATES/LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS, WHETHER IN CONTRACT, OR ANY OTHER GROUNDS, WILL NOT SURPASS AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT OR SERVICE ACTUALLY PAID TO NOTEX. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOU ARE LOCATED IN JURISDICTIONS WHERE THE LIMITATION OR EXCLUSION OF LIABILITY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED. IN SUCH CASES DELUXE’S AGGREGATE LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY LEGAL CLAIM ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF SUCH LEGAL CLAIM ARISES OR ANY SUCH CLAIM WILL BE PERMANENTLY PROHIBITED.

Termination

NoteX reserves the right in its sole discretion to immediately terminate your access to the Site or the Services for any reason, with or without notice to you. You agree that NoteX may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Material herein. In the event of default by you, any and all payments shall accelerate and become due and payable immediately. Termination of these Terms shall not relieve you from any liability, including amounts owed, accrued prior to the time that such termination is effective.

Jurisdiction

These Terms, the Services, the Site, and all relations emerging out of or relating are governed by the laws of the State of Florida under Dade County without regard to its conflict or choice of law provisions. Any legal action will be brought to the state/federal courts in Florida relating to these Terms or the clause of the Services offered via the Site. You hereby submit to the governing law of and agree that the venue is appropriate in those courts in any such proceeding.

All sections of these Terms shall survive termination including payment, indemnity and the disclaimers of warranty and liability disclaimers.

Contact

You can reach our support team at support@Notex.cloud.

Physical mailing address:
NoteX LLC
382 NE 191st St #854329
Miami, Florida 33179-3899
US