Last Modified: September 23, 2020
Welcome to Social27 Inc. Please read below to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms of Use or the Services, please contact us at:
Email: support@social27.com
Phone: +1-800-720-4851
Address: 2733 152nd Ave NE Redmond, WA, 98052
The following Terms of Use and conditions, together with any documents or policies they expressly incorporate by reference (collectively, the "Terms of Use of Use"), govern your access to and use of the Social27.com website, including any content, functionality, and services offered on or through Social27.com (the "Website" ), whether as a guest or a registered user. Terms of Use Terms of Use The Website is owned and operated by Social27 Inc. The term “us,” “we” or “our” refers to Social27 Inc., the owner and operator of this Site. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at DATA CONTROLLER PRIVACY POLICY incorporated herein by reference]. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms of Use”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms of Use.
Please read these Terms of Use carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms of Use include information about future changes to these Terms of Use, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS OF USE; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We are constantly trying to improve our Website and Services, so these Terms of Use and the Additional Terms of Use may need to change along with our Website and Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Except for changes by Us as described here, no other amendment or modification to these Terms of Use will be effective unless in writing and signed by both you and Us.
Social27 Inc. takes the privacy of its users very seriously. For the current Social27 Inc. Privacy Policy, please click here For the current Social27 Inc. Platform Privacy Policy, please click here. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Website or Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at support@social27.com
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Social27 Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Social27’s name, the Terms of Use, the Social27 logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Social27 or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
With exception to materials provided to SOCIAL27 INC. pursuant to a written agreement containing applicable confidentiality provisions, any comments, feedback, ideas, suggestions, data, questions, information, or materials submitted to Us through the Services by any means (“User Materials”) are not confidential. By submitting User Materials, you grant SOCIAL27 INC. a worldwide, royalty-free, irrevocable, fully paid-up, transferable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, the User Materials, including, without limitation, to promote, market and provision the Services and to contact you regarding the Services. You shall be solely responsible for your User Materials and the consequences of uploading, posting, submitting, transmitting, or distributing them. You agree that you will not upload, post, submit, transmit, distribute or otherwise make available in the Services: (i) any falsehoods or misrepresentations that could damage SOCIAL27 INC. or any third party; or (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate.
You may be required to sign up for an account, select a password and user name (“Social27 Inc. User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Social27 Inc. User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms of Use on your behalf). If you’re agreeing to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization’s or entity’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization or entity). If there is a dispute between two or more persons or entities as to account ownership, Social27 Inc. will have the power (but not the obligation) to be the sole arbiter of that dispute and Social27 Inc.'s decision (which may include termination or suspension of the account) will be final and binding.
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and won’t be responsible for you using the Services in a way that violates the law.
You will not share your Social27 Inc. User ID, account, or password with anyone, and you must protect the security of your Social27 Inc. User ID, account, password and any other access tools or credentials. You are and will be held responsible for any activity associated with your Social27 Inc. User ID and account. You agree to immediately notify Social27 Inc. of any unauthorized use of your password or account or any other breach of security. Social27 Inc. will not be liable for any loss or damage arising from your failure to comply with this Section.
Social27 Inc. may provide you with the right to use a sub-domain or map your domain to our Site (e.g., [sub-domain prefix]. Social27.com or [sub-domain prefix]. [Yourdomain.com) for a given event (a “Sub-Domain” or “Domain Mapping”). All Sub Domains or Domain Mappings are the sole property of Social27 Inc. and we reserve the right to determine the appearance, design, functionality and all other aspects of Sub Domains or Domain Mappings. In the event Social27 Inc. provides you with access to a Sub-Domains or Domain Mappings, your right to use such Sub-Domains or Domain Mappings will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms of Use.
Social27 Inc. connects those providing conferences and related services (“Organizers”) and those looking to attend those conferences and/or receive those services (“Attendees”). Attendees also include individuals who may present at or otherwise contribute content to such conferences (“Presenters”). When we use the word “you” in these Terms of Use, it refers to any user, regardless of whether he or she is an Organizer, Attendee or Presenter, while if we use one of those specific Terms of Use, it only applies to that category of user.
Before attending any conference or receiving any services from any Organizer (“Organizer Services”), Attendees are responsible for making their own determinations that the Organizer is suitable. Social27 Inc. is only responsible for connecting Organizers and Attendees and can’t and won’t be responsible for making sure that Organizer Services are actually provided or are up to a certain standard of quality. Social27 Inc. similarly, can’t and won’t be responsible for ensuring that information (including credentials) an Attendee or Organizer provides about himself or herself is accurate or up to date. We do not control the actions of any Attendee or Organizer, and Organizers are not our employees.
Organizers are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Social27 Inc. Social27 Inc. is not the creator, organizer or owner of the Organizer Services, does not offer the Organizer Services and does not employ individuals to perform the Organizer Services. Rather, Social27 Inc.’s Services allow Organizers to manage and promote the Organizer Services. You hereby acknowledge that Social27 Inc. does not supervise, direct, control or monitor the Organizer Services and expressly disclaims any responsibility and liability for the Organizer Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code, all of which are the responsibility of Organizer.
Attendees and Organizers must not enter into separate agreements outside of Social27 Inc. relating to Organizer Services (“Outside Agreements”). If you do enter into any Outside Agreement we may terminate your Social27 Inc. account, and you acknowledge that Social27 Inc. is not a party to and isn’t responsible for enforcing any Outside Agreement. Additionally, if an Organizers enter any contract or agreement with any third party relating to Organizer Services (including without limitation, with any vendors, sponsors, advertisers, recruiters, etc.), Social27 Inc. is not a party to, isn’t responsible for enforcing, and will have no liability relating to, any such contract or agreement.
As part of the Services, you may receive communications through the Services, including messages that Social27 Inc. sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Social27 Inc. to send you information that we think may be of interest to you, which may include Social27 Inc. using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Social27 Inc., and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Social27 Inc.. You agree to indemnify and hold Social27 Inc. harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those Terms of Use is defined below) or otherwise use the Services or interact with the Services in a manner that:
The materials displayed or performed or available on or through the Website and/or Services, including, but not limited to code, text, graphics, videos, information, software, sound, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (collectively the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Social27 Inc.'s) rights.
Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Social27 Inc. owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. In addition, the Services may provide functionality that takes User Submissions (as defined below), and applies certain modifications, formatting, or other enhancements to those User Submissions. For example, an Organizer and/or Presenter may use the Services to format certain presentation content for display on the Services. The output and results of such functionality or resulting from any other use of the Services shall be considered “Content”, and subject to all the restrictions herein relating to Content. Without limiting the foregoing, you may not access, download, or use any User Submission of another user or any Content for use with any service, technology, or platform other than the Services.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to date, and in compliance with all applicable laws, rules, and regulations. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
To display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.
For all User Submissions, you hereby grant Social27 Inc. a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. If you store a User Submission in your own personal Social27 Inc. account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Social27 Inc. the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission in a manner that only certain specified users can view (for example, a privacy message to one or more other users) (a “Limited Audience User Submission”), then you grant Social27 Inc. the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Social27 Inc. the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Social27 Inc. users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Social27 Inc.'s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, but you understand and agree that it may not be possible to completely delete that content from Social27 Inc.'s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Certain features of the Services allow you to share information with others, including through your Social Networking Services or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third-Party Accounts, such as your Social Networking Services, you authorize Social27 Inc. to share that information with the applicable Third Party Account provider. Please review the policies of any Third-Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request. Finally, you understand and agree that Social27 Inc., in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Any information or Content publicly posted or privately transmitted through the Website and/or Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Website and Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. The Website and Services may contain links or connections to third-party websites or services that are not owned or controlled by Social27 Inc. Social27 Inc. has no control over such sites and resources and Social27 Inc. is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Social27 Inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Social27 Inc. is not responsible for such risks.Social27 Inc. has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Social27 Inc. will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the Terms of Use and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other Terms of Use, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Social27 Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this Website or Services, or between users and any third party, you acknowledge and agree that Social27 Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Social27 Inc., its directors, officers, employees, contractors, advisors, agents, and successors from loss, expenses, claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and you agree that we may use, store and disclose such information in accordance with our Data Controller Privacy Policy and Platform Privacy Policy. For more information about the implications of activating these Social Networking Services and Social27 Inc.’s use, storage and disclosure of information related to you and your use of such services within Social27 Inc. (including your friend lists and the like), please see our Data Controller Privacy Policy and Platform Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Social27 Inc. shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service. In addition, Social27 Inc. is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Social27 Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Social27 Inc. enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
The Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. All such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
You’re free to suspend or terminate the Services at any time by contacting us at support@Social27.com; please refer to our Data Controller Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Social27 Inc. is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms of Use. Social27 Inc. has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use; for example, a Attendee who believes that an Organizer may be in breach of these Terms of Use is not able to enforce these Terms of Use against that Organizer. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Social27 Inc.'s sole discretion, failure to do so would materially prejudice you. You agree that Social27 Inc. will not be liable to you or any third-party because of its termination of your right to use or otherwise access the Services. Social27 Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. If you have deleted your account by mistake, contact us immediately at support@Social27.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, releases, disclaimers of warranties, any Terms of Use regarding ownership or intellectual property rights, choices of law and judicial forum, and Terms of Use regarding disputes between us, including without limitation the arbitration agreement.
Warranty Disclaimer. Social27 Inc. and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Social27 Inc. and all such parties together, the “Social27 Inc. Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Social27 Inc. Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Social27 Inc. Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including any Organizer Services. THE SERVICES AND CONTENT ARE PROVIDED BY SOCIAL27 INC. (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERRORFREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SOCIAL27 INC. PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SOCIAL27 INC. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (F) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Social27 Inc. Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Website and/or Services (including any actions taken by a third party using your account), and (b) your violation of these Terms of Use. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Assignment. You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Social27 Inc.'s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.
Choice of Law. These Terms of Use are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to the conflicts of law’s provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Social27 Inc. and limits the way you can seek relief from Social27 Inc. Third Party Beneficiaries. Both you and Social27 Inc. acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Use, Social27 Inc.'s officers, directors, advisors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third-party beneficiary hereof.(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms of Use directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in King County, Washington. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.(b) Small Claims Court; Infringement. Either you or Social27 Inc. may assert claims, if they qualify, in small claims court in King County, Washington or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights trademarks, trade secrets, patents or other intellectual property rights.(c) Waiver of Jury Trial.
YOU AND SOCIAL27 INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Social27 Inc. are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to extremely limited review by a court. In any litigation between you and Social27 Inc. over whether to vacate or enforce an arbitration award, YOU AND SOCIAL27 INC. WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Social27 Inc. is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in subsection (f) below.(e) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2733 152ND AVE NE, Redmond, WA, 98052 postmarked within thirty (30) days of first accepting these Terms of Use. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the terms of this arbitration agreement.(f) Exclusive Venue. If you send the opt-out notice in (e), and/or in any circumstances where the foregoing arbitration agreement permits either you or Social27 Inc. to litigate any dispute arising out of or relating to the subject matter of these Terms of Use in court, then the foregoing arbitration agreement will not apply to either party, and both you and Social27 Inc. agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, King County, Washington, or the federal district in which that county falls.
(g) Severability.If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Social27 Inc.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Social27 Inc. may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You and Social27 Inc. agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and Social27 Inc., and that these Terms of Use supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Social27 Inc., and you do not have any authority of any kind to bind Social27 Inc. in any respect whatsoever.