Terms of Use
1. Introduction
The following agreement (“Agreement”) is entered into between you (“User”, “You”, or “Your”) and Note To Soul Inc. (“Note To Soul”, “We”, “Our”, or “Us”), a corporation incorporated in Canada. This Agreement is made effective on the date of electronic acceptance hereof. This Agreement sets forth the terms and conditions that govern your use of https://www.notetosoul.ca/ (the “Website”) and the products and services (collectively, the “Services”) found at the Website, and is in addition to, not in lieu of, any specific terms and conditions that apply to your purchase of a particular Service from the Website. In the event that you provide a purchase order or other ordering document to facilitate your purchase, the document is incorporated by reference only to the extent that it identifies the Services to be purchased, and all other terms and conditions included in such document are hereby rejected by Note To Soul.
You acknowledge and agree that by visiting, viewing, using, or accessing the Website or Services, that You have read, understand, and agree to be bound by these Terms of Use as well as any policies posted on this Website, irrespective of whether You are a guest or a registered user of the Services. These Terms of Use expressly supersede prior agreements or arrangements with You and Note To Soul. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to You in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Note To Soul, in its sole discretion, may refuse to provide the Services to any Customer at any time and for any reason. If Note To Soul exercises this right, Note To Soul will not charge you for the Services and at Our sole discretion may refund you any amounts paid for the Services during the current month that We invoked its right to deny Service.
Note To Soul, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the “Last Revised” date at the top of this page or (iii) your continued use of the Services after Note To Soul posts the amended Agreement to the Website.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. NOTE TO SOUL’S ALLOWANCE OF YOUR USE AND ACCESS TO THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE.
2. Privacy Policy
Your privacy is important to Us, and We are committed to protecting Your personal information. Any personal information submitted in connection with Your use of the Services is subject to Our privacy policy found at https://www.notetosoul.ca/privacy-policy (the “Privacy Policy). Our Privacy Policy may change from time to time, on notice to You. We will use information about You that We obtain either directly from You or that We obtain by nature of Your use of the Services in accordance with Our Privacy Policy solely in furtherance of providing services to You and improving the Services.
3. Eligibility, Services, Access, and Account Registration
The Services found at this Website are available only to Customers who are permitted to form legally binding contracts under applicable law. By using the Services found at this Website, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law in Ontario, Canada as well as in your jurisdiction. You further represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom Note To Soul is legally prohibited to provide the Services.
To access the Services, You may be asked to provide certain information to help Us create and maintain a Note To Soul account for You. As such, it is a condition of Your use of the Services that all information You provide is correct, current, and complete. You agree that all information You provide is governed by Our Privacy Policy and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.
Except as expressly provided herein, You may not transfer Your account to any other person and You may not use anyone else’s account at any time. In cases where You have nevertheless authorized or registered another person to use the Services, or where You have acted negligently in safeguarding Your account as set forth above, You agree that You are fully responsible for (i) the acts and omissions of such person accessing the Services via Your account, (ii) controlling the person’s access to and use of the Services, and (iii) the consequences of any use or misuse by such person(s).
The Services constitute education programs, products, and references provided on the Website to enhance Your understanding of mental health and allows You to interact with other users of Our Website and Services. YOU ACKNOWLEDGE THAT NOTE TO SOUL IS NOT RESPONSIBLE FOR AND INTERACTIONS BETWEEN ITS USERS, THEIR AGENTS AND THEIR AFFILIATES. YOU ACKNOWLEDGE THAT NOTE TO SOUL DOES NOT GUARANTEE REPRESENTATIONS MADE BY ITS USERS, THEIR AGENTS AND THEIR AFFILIATES.
We reserve the right to monitor Your use of the Services and to suspend, revoke, deny, disable, or terminate Your access if You violate any of the terms of this agreement, or any laws or statutes governing the Province of Ontario or Canada, or any other relevant jurisdiction.
Note To Soul may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Note To Soul does not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such third-party services and content. Note To Soul does not endorse such third-party services and content and in no event, shall Note To Soul be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if You access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
4. Intellectual Property
We own or license all intellectual property rights to the materials that appears on the Website, including, without limitation, source code, video, text, software, photos, graphics, images, music, and sound, unless otherwise expressly noted. All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by Note To Soul and its licensors (as applicable).
Without limiting the generality of the foregoing, you shall not (and shall not allow any third party to): (a) use the materials and Services on the Website outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against Note To Soul; (b) sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from the materials and Services on the Website; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the materials, Services or Website for any purpose without the express written consent of Note To Soul; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Note To Soul (or any of its affiliates or licensors); (e) reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law; or (f) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
You acknowledge and admit that any violation of this section of the Agreement shall cause irreparable harm to Note To Soul and accordingly You consent that Note To Soul shall be entitled to default injunctive relief to restrain the User from engaging in any activities which constitute a breach of any of the provisions of this Agreement, and specifically this section of the Agreement, without limiting any other legal or equitable remedies available to Us.
5. User Provided Content
Some of the features of this Website or the Services found on this Website may allow You to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By providing User Content to Note To Soul via any method, including but not limited to website submission, e-mail and survey responses, you represent and warrant to Note To Soul that (i) you have all necessary rights to distribute User Content via this Website or via the Services found at this Website, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Note To Soul in its sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at Our sole discretion and at any time and for any reason, without notice to You.
You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
6. Fees and Payment
Our paid Services (including membership to subscription services) are optional. You agree to pay Note To Soul all fees and taxes due according to the prices and terms listed on this Website. You understand that failure to pay the fees will result in the termination of our paid Services. You understand that Your payment may be subject to foreign exchange fees or differences in prices depending on Your location. You understand that We may store and continue billing your payment method even after it has expired to avoid interruptions in Your paid Services. You understand that the payment method will be charged automatically at the start of each subscription period that You choose (monthly or yearly) for the fees and taxes applicable to that period. Should you wish to avoid future charges, You must cancel your subscription before the renewal date of the subscription period. You understand that may cancel your membership at anytime; however, You agree that fees paid by You are final and non-refundable, unless otherwise determined by Note To Soul, in its sole and unfettered discretion.
All Fees are due immediately and payment will be facilitated by Note To Soul using the preferred payment method designated in your account, after which Note To Soul will send You a receipt by email. It is the sole responsibility of the User to update the preferred payment method and maintain current personal information with us and to notify us of any changes to personal information and information relating to preferred payment methods.
7. Use of Confidential Information
“Confidential Information” means all information which is disclosed to or obtained by one party (whether directly or indirectly) from the other, including intellectual property rights of Note To Soul and user provided contact, and all information relating to that other’s business, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies or current, former or prospective clients, customers, partners or suppliers (together with copies made of any of the above) whether or not such information is marked as being confidential, but excluding information which: (i) is available to the public other than because of any breach of these Terms; (ii) is, when it is supplied, already known to whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; (iii) is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or (iv) is developed independently of and without reference to any Confidential Information provided. For absolute clarity, information provided by You and made available on your public profile is excluded as being confidential. You understand that You are responsible for protecting and otherwise disclosing your information.
Note To Soul agrees to use Your Confidential Information for the purpose of performing its obligations under these Terms of Use and as otherwise set out in these Terms of Use.
We will, on a “best efforts” basis, secure the Confidential Information from unauthorized access and will only make available such user content to its employees, agents, and third parties that are required to have such information for the provision of the Services, or as required by law.
In addition, Your content can be used by Note To Soul to generate and retain statistical information based on Your Confidential Information. Note To Soul also reserves the right to use that statistical information internally to improve the Services.
8. Term and Termination
Term
You agree that these Terms of Use shall begin to apply once You have accepted them and shall continue indefinitely.
Termination
Either party may terminate this agreement by providing written notification of termination at least thirty (30) days prior to the expiration of the original term or any renewal thereof.
Both parties are free to immediately dissolve the agreement for an important reason. An important reason for the immediate dissolution of this agreement by Note To Soul is especially present (but not limited to) when the User:
is at least one month in arrears of its payments with regards to the liabilities to pay as set out in this agreement and has been provided with notice of cancellation, including a seven day right to remedy the default, by Note To Soul;
negligently or purposefully violates data protection regulations, which present a legally punishable act or administration violation according to the data protection laws or penal law or culpably goes against such laws intended to protect a third party’s data or violates through the use of the services set out in this agreement the statutory provisions or encroaches on the copyrights, intellectual property rights or right to a name of a third party.
Retention of Data
You acknowledge and agree that Note To Soul may retain and store Your information on Our systems for archival purposes notwithstanding any termination or cancellation of Your account.
9. Representations, Warranties, and Covenants
Your Representations and Warranties
You represent and warrant that:
You are over the age of 18 as all portions of the Services are intended for only individuals over 18. If You are under 18 years of age, You may not register for an account or otherwise use the Services;
You are solely responsible for all service, telephony, data charges, and other fees and costs associated with Your access to and use of the Services, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
Your submission, uploading, publishing or otherwise making available of Your content nor Note To Soul’s use of Your content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Reliance and Functionality
Note To Soul does not warrant that the content or functions of the Services will meet Your requirements or that the operation of the Services will be uninterrupted or error free. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on Our materials by You, Your users, or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Availability of Services
While Note To Soul will use commercially reasonable efforts to make available the Services for on-demand use, You recognize that the traffic of data through the Internet may cause delays during Your use of or access to the Services, and accordingly, You agree not to hold Us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Services may not be available on a continual 24-hour basis due to such delays, delays caused by Our upgrading, modification, or standard maintenance of the Services, or any other delays outside of Our control.
Defects within the Services
While Note To Soul will, on a “best effort” basis, provide access to a Services that is fully-functional, You recognize that all software may contain defects that may affect the functionality and availability of the Services.
10. Indemnification
You agree to defend, indemnify and hold harmless Note To Soul and its shareholders, directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to : (i) Your violation of these Terms; (ii) any information You post to the Services; (iii) any use or misuse by You of the Services, material, content, services, or products; (iv) Your use of any information obtained from the Services; (v) Your violation of the rights of any third party, including Third Party Providers; (vi) Your provision of goods and services to Users.
You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at Our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by You and You may not in any event settle any Claims without Our prior written consent.
11. No Warranty & Limitations on Liability
No Warranty
CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT YOUR USE OF THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE SHALL BE AT YOUR OWN RISK AND THAT THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. NOTE TO SOUL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTE TO SOUL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ABILITY OF THE SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (III) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND/OR (IV) THE SERVICES FOUND AT THIS WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND NOTE TO SOUL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NOTE TO SOUL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL, HEALTH, OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
Health Disclaimer
THIS WEBSITE AND SERVICES OFFERED BY NOTE TO SOUL INCLUDE HEALTH, FITNESS, AND NUTRITION RELATED INFORMATION, BUT ARE DESIGNED ARE FOR NON-COMMERCIAL, INFORMATION PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE WEBSITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A LICENSED PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. The information on the Website and Our Services is not intended to be and must not be taken to be the practice of medicine or counseling care. For the purposes of the Agreement, the practice of medicine and counseling care includes, but is not limited to, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition, fitness counselling, or providing health care treatment, instructions, diagnosis, prognosis, or advice. Developments in medical research may impact the topics discussed on the Website or Services and no assurance can be given that the information contained in the Website or the Services will always include the most recent information with respect to the particular material. Your access or use of the Website or our Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on Note To Soul, its agents, and its affiliates. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Website or Services. Links, references, and resources are provided for information and convenience only and we cannot accept responsibility for the websites and resources linked, or the information found there. A link does not imply an endorsement of a site, and likewise, not providing a link does not imply lack of endorsement. If you rely on any of the information provided by this Website or the Services, you do so solely at your own risk.
Limitation on Liability
IN NO EVENT WILL NOTE TO SOUL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN EXCESS OF $20.00; (ii) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iii) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iv) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (v) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF NOTE TO SOUL OR VIA THE SERVICES.
NOTE TO SOUL’S SERVICES MAY BE USED BY YOU TO PERFORM NETWORKING ACTIVITIES INCLUDING SEARCHING AND CONNECTING WITH OTHER MEMBERS OF OUR SERVICES, AND POSTING AND FINDING JOBS ON OUR PLATFORM, BUT YOU AGREE THAT NOTE TO SOUL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRODUCTS, SERVICES, GUARANTEES, OR WARRANTIES PROVIDED TO YOU BY MEMBERS OF OUR SERVICES, THEIR AGENTS AND THEIR AFFILIATES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Changes to Terms or the Services
Changes to these Terms
We reserve the right to change or modify these Terms of Use, our Privacy Policy, or any terms they incorporate by reference in our sole discretion and at any time. Any such change or modification will be effective immediately upon posting to the Services; however, any changes to the section entitled “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice of or prior to the date the change is posted on the Services. We will take reasonable steps to notify You of any changes or modifications, but You agree to review the Services periodically to be aware of any changes or modifications. Notwithstanding anything to the contrary, Your continued use of the Services will be deemed Your conclusive acceptance of all such changed or modified terms and conditions.
Changes to the Services
Note To Soul may at any time, without notice or liability, change or eliminate any content or feature of the Services or any portion thereof, or restrict the use of any portion of the Services. Your only right with respect to any dissatisfaction with any service-related change is to cease use of the Services. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any reason.
13. General
Survival
The termination or expiration of these Terms of Use will not affect the survival and enforceability of the provision of this Agreement which are expressly or impliedly intended to remain in force after such termination or expiration, including sections 2, 4, 5, 7, 8, 10, and 11.
Non-Waiver
Failure by Note To Soul to enforce any of the provisions of these Terms of Use will not be construed as a waiver of any provision or right.
Severability
If any provision of these Terms of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.
Governing Law, Jurisdiction & Tax
The Province of Ontario and the federal laws of Canada govern these Terms of Use without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Province of Ontario and the Courts in the City of Burlington. Note To Soul does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on Your own initiative and You are responsible for compliance with all applicable laws. Any dollar amounts set out herein, or in any document referenced by these Terms of Use shall be in Canadian Dollars. Any dollar amounts set out herein shall be subject to any applicable taxes, including local, provincial, state, or federal taxes, and harmonized sales taxes.
Compliance with Legal Requests
Without limiting the foregoing, We have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs Us to disclose customer data or other information on the Services. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Notice
Any notice which may be required to be given under these Terms of Use, will be given: (i) by Note To Soul to You via e-mail to the e-mail address You maintain in Your account settings or by notifying You electronically by displaying a notice in the Services; (ii) by You to Us by certified mail, return receipt requested, e-mail, at the applicable mailing address provided upon email request, as may be updated from time to time. Any notice given otherwise than in accordance with this section will be deemed ineffective.
Note To Soul Inc.
Email: notetosoulinc@gmail.com
All other feedback, comments, requests for technical support, or other communications relating to the Services should be directed to the Note To Soul support team by emailing notetosoulinc@gmail.com
No Agency
Nothing in these Terms of Use will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither Note To Soul nor any other party to these Terms of Use has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorized in writing by the party to be bound.
Assignment
We may freely transfer or assign any portion of Our rights or delegate Our obligations under these Terms of Use.
Miscellaneous
These Terms of Use and any terms that incorporate these Terms of Use by reference, as applicable, constitute the sole and entire agreement between You and Note To Soul with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. The section titles used herein are displayed for convenience only and have no legal effect. Nothing in these Terms confers any third-party beneficiary rights or remedies. In these Terms, the words “including” and “include” mean “including, but not limited to.”