Smokin'Notes Terms of Service

This Site is for individual, personal use only. You may not share, transfer, sell, or allow others to use your account.

You must be currently enrolled in the course for which you purchase a membership. Smokin'Notes reserves the right to cancel memberships of students who are not currently enrolled in a course. No refunds or credits will be given.

You must create an account at SmokinNotes.com to access any of the materials at SmokinNotes.com.

When you create your account, you must provide:

• A valid, full legal name
• A valid ufl.edu email address

The account may ONLY be accessed by the person whose ufl.edu e-mail address was used to sign up for the account.

You may never request, transfer, or share passwords or access credentials.

You are responsible for safekeeping your account credentials and for any activity occurring while logged in to your account.

Any violation may result in immediate and permanent termination of your account without refund.

Providing false, misleading, or incomplete registration information (including name, contact details, or enrollment information) is grounds for termination.

All materials on this Site — including study guides, practice exams, flashcards, text, images, audio, video, layouts, designs, logos, trademarks, and AI-generated outputs derived from Smokin'Notes materials (collectively, the “Materials”) — are the exclusive intellectual property of Smokin'Notes and are protected by U.S. and international copyright, trademark, and other applicable laws.

Smokin'Notes grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site and Materials solely for personal educational purposes. This is a license, not a transfer of title.

You may not:

• Copy, reproduce, modify, publish, upload, post, transmit, distribute, sell, rent, or sublicense the Materials
• Use the Materials for any commercial or public purpose
• Remove copyright or proprietary notices
• Remove or alter identifying watermarks
• Transfer Materials to another person
• Decompile, reverse engineer, or disassemble any software or systems
• Interrupt or attempt to interrupt Site operations

Upon termination of this license, you must immediately destroy all Materials in your possession.

You agree to never copy, print, record, or display any of the Materials to others, and you agree to never receive any copies, prints, or recordings of the Materials from others.

Online materials:

• Are available for viewing only
• Cannot be printed or downloaded, including to e-readers or note-taking applications such as Notability or GoodNotes
• Cannot be used on more than one device at a time
• Are not available in PDF format
• Require an active internet connection and are not available for download or storage in any form
• Are not available for use with text-to-voice or text-to-speech programs

A watermark with identifying information will be placed on the online materials. You may not remove this watermark.

Smokin'Notes will add online materials periodically (usually weekly). These materials will not necessarily be available immediately after a class session.

Online materials are only available until the end of the official exam period, as defined by the course syllabus.

The materials will be removed from the Site after the date of the exam and will no longer be available, even if you are taking the exam at a later time.

You are responsible for using the Materials for your exam before the official exam date.

Printed Smokin'Notes materials:

• Are typically printed on red or pink paper, though Smokin’Notes reserves the right to print on any other color
• Are not available on white paper

Printed materials are typically produced approximately nine (9) days before each exam. Any material presented in class during the remaining nine days will be posted online and:

• May be viewed only
• May not be printed, downloaded, saved, copied, altered, highlighted, or annotated in any way

Smokin'Notes reserves the right to modify, supplement, or correct any printed materials with announcements or posts at SmokinNotes.com.

Members may choose to pick up printed materials seven (7) days before each exam at the Midtown pickup location (1800 W. University Ave.).

To pick up printed materials, you must present:

• Your unique QR code found in your SmokinNotes.com profile
• A valid UF photo ID

Materials made available after the initial pickup date are first-come, first-served, subject to availability. Printed materials are not available for shipping.

Members are not required to pick up printed materials. If not picked up, the materials will remain available online until the end of the exam period.

You agree that you will not, directly or indirectly:

• Copy, scrape, photograph, record, or redistribute Smokin’Notes content
• Share Materials or AI outputs with non-members (including GroupMe, Discord, shared drives, or media hosting platforms)
• Administer or participate in any group, page, or repository that facilitates copyright violations
• Upload Smokin’Notes content into third-party websites, tools, or AI systems
• Use automation, bots, scripts, or scraping tools
• Circumvent safeguards, access controls, usage limits, or watermarks
• Engage in piracy, copyright infringement, or unauthorized distribution
• Reverse engineer proprietary systems, prompts, or methodologies

Encouraging or requesting others to violate these Terms is itself a violation.

Smokin'Notes provides AI-powered tools, including the Smokin'Notes AI Tutor (“AI Tools”), solely to support individual learning and conceptual understanding.

Prohibited AI Uses

You may not use AI Tools to:

• Generate full study guides, notes, summaries, outlines, or replacement academic materials
• Recreate, reconstruct, or approximate Smokin’Notes study guides, flashcards, or practice exams
• Systematically extract content through repeated, structured, or iterative prompting
• Copy, share, upload, or redistribute AI outputs derived from Smokin’Notes content
• Use AI outputs as a substitute for coursework or graded assignments where prohibited
• Attempt to bypass AI safeguards, rate limits, or restrictions

AI Tools are designed to assist learning, not replace Smokin'Notes materials or generate substitute coursework.

AI usage is subject to daily, weekly, or monthly limits determined by Smokin'Notes to ensure fair access, system integrity, and educational purpose.

Usage patterns may be monitored. Smokin'Notes may throttle, restrict, suspend, or terminate AI access or accounts without notice or refund.

Use of the Site and AI Tools must comply with applicable academic integrity standards, including those of the University of Florida.

Prohibited conduct includes:

• Unauthorized assistance on assignments or exams
• Misrepresentation of authorship or academic effort
• Submission of AI-generated work as one’s own where prohibited

Students remain solely responsible for compliance with all course, instructor, and institutional policies.

The Smokin'Notes materials are not free and can only be accessed with a paid membership. Membership fees are billed monthly in advance and are the same for every class, regardless of difficulty, number of exams, or length of materials.

Your membership will not be automatically cancelled. It is your responsibility to cancel when finished. No refunds, prorations, or credits are given for any reason.

Membership renewal, cancellation, upgrades, downgrades, and reactivation rules apply as described at SmokinNotes.com and can only be processed through the Site.

Failure to renew or payment issues result in immediate loss of access.

Fraudulent chargebacks will result in permanent account suspension.

Temporary service outages may occur. No credits will be issued for outages.

Any material, information, or communication you transmit to the Site (“Communications”) is non-confidential and non-proprietary.

You grant Smokin'Notes a perpetual, worldwide, royalty-free right to use, copy, disclose, adapt, publish, distribute, and exploit such Communications for any purpose, without compensation.

Smokin'Notes is not obligated to use any submitted ideas or materials.

You may not post or transmit unlawful, threatening, defamatory, obscene, or otherwise illegal content.

The Site may contain links to third-party websites. Smokin'Notes provides these links for convenience only and does not endorse or assume responsibility for their content. Access to third-party sites is at your own risk.

THE SITE, MATERIALS, AND AI TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SMOKIN'NOTES DOES NOT GUARANTEE ACCURACY, COMPLETENESS, ACADEMIC OUTCOMES, OR GRADE IMPROVEMENTS.

IN NO EVENT SHALL SMOKIN'NOTES OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless Smokin'Notes and its officers, directors, employees, agents, affiliates, licensors, and service providers from any claims, liabilities, damages, costs, or expenses (including attorneys’ fees) arising from your violation of these Terms.

Information submitted through the Site is governed by Smokin'Notes’ Privacy Policy.

Smokin'Notes may modify these Terms or Site content at any time without notice. Continued use of the Site constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any claim must be brought within one (1) year of arising.

If any provision is found unenforceable, the remainder shall remain in full force and effect.

Accessing the Site from jurisdictions where its content is illegal is prohibited. You are responsible for compliance with all applicable laws, including U.S. export regulations.

Mandatory Arbitration

You and Smokin'Notes agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Materials, the AI Tools, your membership, billing, or your relationship with Smokin'Notes (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as expressly provided below.

This arbitration agreement applies to all Disputes, whether based in contract, statute, regulation, tort (including negligence), fraud, misrepresentation, or any other legal or equitable theory.

The arbitration shall be conducted by a neutral arbitrator under the rules of the American Arbitration Association (AAA) in effect at the time the arbitration is initiated, including the AAA Consumer Arbitration Rules, as applicable.

The arbitration shall take place in the State of Florida, unless the parties agree otherwise. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Smokin'Notes and you each agree that arbitration will be conducted on an individual basis only, and not as a class, collective, consolidated, or representative action.

Exceptions to Arbitration

Smokin'Notes may also seek injunctive or equitable relief in a court of competent jurisdiction to prevent or address unauthorized use, copying, distribution, or misuse of the Materials, AI Tools, intellectual property, or proprietary systems.

Waiver of Jury Trial

YOU AND SMOKIN'NOTES EACH WAIVE ANY RIGHT TO A TRIAL BY JURY for any Dispute that is not subject to arbitration or that is brought in court for any permitted reason.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

The arbitrator may not consolidate claims or preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

Survival & Severability

This Arbitration Agreement and Class Action Waiver shall survive termination of your account, cancellation of your membership, or cessation of use of the Site.

If any portion of this Arbitration Agreement is found unenforceable, the remaining portions shall remain in full force and effect, except as expressly stated with respect to the Class Action Waiver.

Acknowledgment

By accessing or using the Site, Materials, or AI Tools, you acknowledge that you have read and understand this Arbitration Agreement and Class Action Waiver and that you are waiving the right to litigate Disputes in court or to participate in a class action.

Questions regarding these Terms may be directed to: info@smokinnotes.com

Smokin'Notes and its AI Tutor are here to help you learn — not to copy, share, or recreate our content. Abuse or misuse may result in restricted or permanent loss of access.