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Terms of Use

The Cookies&Notes application ("Cookies&Notes", the "App") is licensed to users, including you, for use only under the terms of service/terms of use ("TOS") listed here.  McLean A+, Inc. ("we", "us") is the owner and operator of the Cookies&Notes application located at _______ and the related website located at cookiesandnotes.com and its subdomains (the “Website”).
 

By "Service" subsequently mentioned in the TOS, we refer to the App, the Website and/or all components and content provided through either one or both of them.

The terms “you” and “user” refer to every individual and entity that accesses the Service.  By accessing, purchasing a subscription plan offered by the App, or using Cookies&Notes, you indicate that you agree to be bound by all of the terms and conditions of these TOS, and that you accept these TOS including without limitation the Privacy Policy.  Otherwise if you do not agree to the terms set forth in the TOS, please do not use the App.

We reserve all rights not expressly granted to you.

The Application

Cookies&Notes is an Internet-based service app that allows users to ask questions regarding their academic studies and receive on-demand answers along with general concept-related advice, not just the solution or answer to the specific question.  It offers features enabling the user to describe any sort of question(s) and problem(s) including but not limited to the ability to upload the problem in image format, draw on a canvas, and write about the problem(s) in more detail.

You are granted a non-exclusive license to subscribe and use Cookies&Notes on your personal computer, phone, tablet and use all of the features available within the App. You are not allowed to resell the App.

Modifications to these Terms of Use

If we modify or amend the TOS, the changes will be reflected in the updated TOS.  By continuing to use the App following such a change, you accept any such change or modification. If you have any questions about these TOS or our Privacy Policy, please message to us at _____________________.

Notice Regarding User

By accessing or using Cookies&Notes, you not only consent to these TOS and Privacy Policy, but also you acknowledge that you are at least 13 years of age or older.  If you are still not considered an adult and are at least 13 years of age, by accessing or using the App you acknowledge that you have your parent’s or legal guardian’s permission to access or use the App and that you have their consent to these TOS and Privacy Policy.

You are solely responsible for your use of and for any costs incurred in accessing the App, such as wi-fi connection and/or data usage.

License Terms

The user is given a license to use the App and is not sold the App.  The user is given, within rights expressed in the TOS, a personal, non-exclusive, revocable, and non-assignable license not allowed for sub-licensing permitted for:

  1. use of the App solely for your personal, non-commercial use; and

  2. access of the App on any user-owned and user-controlled authorized device.

Third Party Links

The App may contain links to external websites owned and/or operated by third parties, including but not limited to for subscription payment/billing purposes. We are not responsible for such third-party websites or content. Our inclusion of a link to a third-party website or content in the Service does not in any way constitute our endorsement, advertising, or promotion of such websites or content or any materials in them.  Once the user accesses the third-party website, the Terms of Service applicable to the third-party website are in effect in addition to the terms of these TOS.  We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for your use of any third-party websites.

Proprietary Matter

The terms specified in this TOS bestows upon the user the right, not the ownership, to use the App.  All rights, copyrights, title, and other intellectual property rights and interests of the App and Site belong to us.  Services; content and materials including the software, code and data; and third-party services integrated into or necessary for the proper functioning of the App provided under the TOS belong to us or said third parties.  You agree to use such content, materials, and any information from the Service or App only for use of the App abiding by the TOS.  We reserve all rights not expressly stated in the terms.

Prohibitions and Limitations

You may not:

  1. copy, reproduce, modify or create derivative works of the Service or a part thereof;

  2. sell, rent, lease, distribute, assign or reassign any rights of any or all parts of the Service or App to any third party or otherwise exploit the Service or App for commercial purposes;

  3. make the App or content created in the App or by the Service available to multiple users by any means, including but not limited to uploading the App to a file-sharing or hosting service or site;

  4. attempt or permit a third party to circumvent, decrypt, alter in any way, or derive the source code of any part of the Service, with the exception of to the extent such activities are expressly permitted by law. What is detailed, featured, and offered purposely in the App is the way the App is to be used.  Should there be an error or what a user thinks may be an error, please message to us at ________________.

  5. access the Service or App in order to build a similar or competitive service;

  6. scrape, construct databases or otherwise create permanent copies of any content derived from the Service, or collect any data incorporated in the Service in any automated manner such as through the use of bots, spiders, crawlers or any other automated means;

  7. use or exploit the Service in any unauthorized way whatsoever, including without limitation, by trespassing or burdening network capacity for malicious intent, creating multiple accounts to circumvent payment, or otherwise.  In the case of circumventing payment, you agree that we may use any card number or other payment information provided for your account(s) and charge to it for the proper amount and delete any redundant account attributed to you.  You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs.

  8. use the Service or App in any manner for harassment, abuse, stalking, threatening, defaming or otherwise infringe or violate the rights of any party or user, including but not limited to discussing personal matters;

  9. provide misleading or generally false or inaccurate information regarding your use of the App, including, but not limited to, age at the time of accessing or using the App.  Any such information will be rectified by the user, and the user will in addition let us know of the rectification.

We are not obligated, expressed or implied, to provide any maintenance, technical or other support for the Service and/or App.  By accessing either one, the user acknowledges that we may make updates to the Service or App as well as to any or all parts of the pricing plans, including the subscription rates and/or prices, disable access to the Service or App for any period of time or permanently at our discretion. By this acknowledgement, the user consents and agrees that the TOS will apply to all such changes.  The user in addition acknowledges and agrees that we have no liability to the user due to any unavailability of the Service or App by any circumstance.

The App is an educational tool designed to assist the user in academic/scholarly learning. It is strongly discouraged to use it for any notion of cheating or in any other environment where the task is meant to be accomplished by the person alone, such as tests.  You may use it during times leading up to the test to further your understanding of the concept.

The license to use the App granted under the TOS is in effect until terminated by either party, the user or us. You may terminate the license at any time by unsubscribing from the App. The license will automatically terminate with or without notice from us if you in any way breach any provision of the TOS. Upon termination in accordance with the TOS for any reason, the user must cease all use of the App and promptly unsubscribe from the App.  The terms are stated as such to still be applicable ex-post a termination or expiration of the App for the user.  As such, the termination of the license for the user for any reason does not release the user from any liabilities or obligations stated in the TOS.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated as a "terrorist supporting" country by the U.S. Government. You also represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.  Finally, you also represent and warrant that you will not use or export in any manner into any country forbidden by the U.S. Government to receive the App or Service or other jurisdictions’ export or technology laws or other form of regulations otherwise in which such laws or regulations would be violated.

Regarding User-generated Content

User-generated Content is defined as content created by you when using the App and/or Service.  User-generated content may consist of text written in the App, uploaded image of the question or problem(s), drawings on the canvas, or any information submitted by the user.   The user solely is responsible for User-generated Content, including but not limited to complying with all laws applicable to the User-generated Content.  By using the App, the user acknowledges and agrees to not submit defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, racially offensive, or illegal User-generated Content of any kind, or any User-generated Content that infringes or violates another party's rights (including, but not limited to, rights of privacy and publicity).

You hereby grant, and you represent and warrant that you have the right to grant to us the right to collect User-generated Content for core business functions or commercial purposes, including but not limited to marketing, training, and strategizing, which may involve one or several of the following: reproduction, public display, distribution, modification, or creation of derivative works of, with perpetual, irrevocable, non-exclusive, worldwide, transferable manner without the seeking of any form of compensation or royalty or otherwise a statement of moral rights or attribution to, the User-generated Content.  By granting the right, you represent and warrant that you have the proper right and consent for the User-generated Content to be collected for the potential aforementioned uses and that the the User-generated Content itself does not and will not infringe upon any intellectual property or copyright law or any other right attributed to a third party.  The User-generated content will not be associated with the user to protect the rights of privacy of the user.

We assume no responsibility for monitoring the App for inappropriate content or conduct. Your use of the App is at your own risk.  If there is any material submitted in the App that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, please message to us at ________________.

Regarding Submissions by Users

For any submissions made in the form of a question, comment, feedback, etc. in the Service, the user acknowledges and agrees to grant us to attain sole property and exclusive rights of such submissions with no acknowledgement, remuneration, or compensation to the user.

Copyright Infringement

If you believe work submitted to the App infringes on copyright, you may notify us of a potential copyright-infringement by messaging to us at _________________. If the User-generated Content is deemed to infringe on copyright law after we inspect it, the User-generated Content will be removed.  In making a claim, please provide:

 

  1. the name and contact information of the copyright owner or representative acting on behalf of the owner;

  2. description of the potentially copyright-infringing material as well as sufficient description of its location on the App;

  3. statement made under good faith belief that the potentially copyright-infringing material in question is unauthorized according to the applicable law, copyright owner or aforementioned representative;

  4. information illustrating that the copyright owner had attempted to submit a removal-of-material request but was met with no response or action or that the user who submitted such material could not be identified;

  5. statement of confirmation by the person writing the claim that he/she is the copyright owner or is a representative acting authorized to act on behalf of the owner;

  6. signature of the copyright owner or aforementioned representative.

Privacy and Security

By accessing, registering, or using the App, you consent and agree to the use of certain data collected regarding the user as specified in the Privacy Policy and in accordance to it in addition to applicable laws and other regulations in regards to personal data.

NO WARRANTY

THE SERVICE, SITE, AND APP, AND ALL THEIR RESPECTIVE CONTENT AND MATERIAL, ARE PROVIDED "AS IS",  "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE TIMELINESS, ACCURACY, USEFULNESSS, RELIABILITY, UNINTERRUPTED AVAILABILITY OR ACCESS TO THE SERVICE.  WE DO NOT HOLD RESPONSIBILITY OR LIABILITY FOR DAMAGES TO THE DEVICE WITH WHICH THE SERVICE IS ACCESSED OR USED OR FOR LOSS OF DATA OR ANY OTHER DAMAGE FROM ACCESS OR USE OF IT.  WE DISCLAIM ALL WARRANTY FOR INFORMATION OR RESULTS PRODUCED BY THE SERVICE.  THE ONLY SOLUTION TO DISSATISFACTION IN USING THE SERVICE IS TO HALT THE USAGE OF THE SERVICE OR ANY COMPONENT OF.

LIMITATION OF LIABILITY

WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND CONTENT AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES DUE TO OR RELATED, WHETHER DIRECTLY OR INDIRECTLY, TO YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; ANY CONTENT OR INFORMATION OBTAINED FROM OR FUNCTION RELATED TO THE SERVICE; OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN THE SERVICE, REGARDLESS OF WHETHER WE OR OUR SUBSIDIARIES WERE KNOWN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF INCLUDING, BUT NOT LIMITED TO, DAMAGE, LOSSES, STRICT LIABILITY, FRAUD, OR TORT (INCLUDING NEGLIGENCE) OF ANY KIND, OR ANY OTHER LEGAL PRINCIPLE ARISING FROM THESE TERMS OF USE DOES NOT AND WILL NOT EXCEED THE FEES, IF ANY, THAT YOU HAVE PAID TO US IN THE LAST SIX MONTHS FOR ACCESS TO AND USE OF THE SERVICE UNDER ANY CIRCUMSTANCE. IN THE CASE WHERE SOME JURISDICTIONS DISALLOW THE LIMIATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold us (and our subsidiaries, affiliates, partners, officers, directors, employees, licensors agents, and content and service providers) harmless from any and all claims, liabilities or expense, including attorneys’ fees, arising in any way out of your breach of these TOS, any content submitted through the App, or your violation of any law or the rights of a third party.

Applicable Law and Dispute Resolution

You acknowledge and agree that any claim, dispute, or cause of action related to the TOS will be brought to a small-claims court of competent jurisdiction and that any claim brought is your sole individual claim and not a part of a class-action or made as a plaintiff.  The laws of State of Virginia will govern the TOS in addition to any claim, dispute, or cause of action arising from or related to the TOS without regard to or application of its conflict of law provisions.

Termination

We may restrict, suspend or terminate your access to the Service if we believe you are in breach of these TOS or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

 

We may restrict, suspend, or terminate your access to the Service and/or App at any time in our sole discretion and without notice or liability and without any form refund or compensation.

Other Information

By accessing or using the Service or App, the user acknowledges and agrees to the TOS and the Privacy Policy put in place.  The user also represents and warrants that the use the App complies with any and all applicable laws and regulations.  The terms stated here in the TOS, as well as any other terms in the Service and Privacy Policy, contain the entire understanding and agreement regarding the provisions in each aforementioned document between you and us.  If we fail to exercise a right under the terms in the TOS, such failure does not constitute any notion of a waiver of any kind of that right, now or in the future.  Should any specification in the TOS be held invalid or unenforceable by a court, the remainder of the TOS remains in full force and effect.  We may assign or delegate the TOS and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any right or obligation under the TOS before written consent from us. Unauthorized assignment and/or delegation by you of any kind is rendered invalid.


By subscribing to the monthly plan or purchasing the yearly plan of the App, the user acknowledges and agrees to the following:

 

  1. the purchase and ongoing payment of subscription fees (including any applicable taxes) associated with the user's account at the plan rates that are in effect when the charges are incurred;

  2. the automatic billing set to the first day of the user's subscription and any renewal period, as well as the automatic charging of subscription fees to the payment card entered in by the user;

  3. subscription term being renewed monthly or yearly depending on the subscription plan until canceled by the user or by the App according to the TOS.  Canceling of subscription must be carried out by the user at least 1 day before the next renewal period to not be billed for the next renewal period and can be done in the App under "Billing Plan/Settings".  Cancellation does not, unless the user's account is terminated according to the TOS, restrict the user from enjoying the subscription features of the App until the end of the current renewal period.  The user may also update payment information in "Billing Plan/Settings";

  4. subscription fees not refundable unless required by law; we have the sole discretion of issuing refunds at any other time upon notifying the user for whom the refund would be addressed to;

  5. have the feature to pause subscription only when subscribed to the monthly plan.  When the user pauses the subscription in the middle of the renewal period after the user has already been billed for that period, a refund pro-rated to the number of full 24-hour days that the subscription was paused for during that period will be process and issued at the beginning of the next renewal period.  We are not held liable in any way for the refunds after they are issued out.  For example, if the subscription was paused for 10 days in a 30-day month renewal period, the amount to be refunded will be $1.33 (($3.99 / 30) x 10).  If the subscription continues to be paused through the next renewal period, the user will not be billed for that next renewal period at all.  Unpausing will reset the billing cycle to the day the subscription is unpaused and the user will be billed the price of the monthly plan set at the time with the most up-to-date user's payment information available at the time;

  6. the alteration of subscription rates and/or fees at any time upon notifying the user in advance;

  7. the handling of billing and charging by a third-party payment processor designated by the Service and/or App of the price corresponding to the subscription plan chosen by the user.

Contact

The App is operated and provided by McLean A+, Inc. If you have any questions about these terms, please message to us at _____________ !

Updated 1/10/2021

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