Socialrounds.com and in its related mobile applications platforms are
operated by Coffeestand, LLC, an Arizona Limited Liability Company. (the " Company" or "socialrounds.com").
Your use of or access to, the socialrounds.com website, including through a
mobile application, (the "Website" and/or “ Service”) is strictly contingent upon your agreeing to be
referred to herein as this "Agreement"). The Agreement
applies whether or not you register or become a paying member of
socialrounds.com. By accessing or using the website, mobile application, or
any of its content, you agree that you have read this Agreement and if you
fail to have read it properly, you are agreeing that you, to the maximum
extent permitted by law, are waiving any rights, claims, or defenses
arising from any failure to read or understand its terms. The term
"Website" of “Service” is inclusive of any and all methods of accessing the
service/website, regards of whether it was access on a computer, a mobile
device or a mobile application.
incorporated by reference into this Agreement and is available on the
If you do not agree to be bound by all of the terms of this Agreement,
You may contact us at email@example.com with any questions regarding
Acceptance of Terms.
This Agreement is a contract that establishes the legally binding
terms you must accept to use the Website and/or to become a
"Member." For purposes of this Agreement, the term " Member" means a person who provides information to
the Company on the Website and/or someone who participates in the
Service in any manner, whether such person uses the Service as a
free member or a subscriber. For purposes of this Agreement, a
Member also includes a person who does not sign up or provide
personal information, but who otherwise enters onto the site. You
acknowledge and agree that the definition of Members may include
Member’s that participate and/or use other websites owned by the
Company or its affiliates. Subject to the terms of a Member’s
subscription privileges, Members of one website may be able to
view, use or communicate with Members from others Company websites.
Safety Suggestions and (iii) terms disclosed and agreed to you when
and if you purchase or accept additional Membership features,
products or services. There may also be State or Country specific
terms and laws or special terms related to free trials, billing,
promotions or discounts which will be disclosed and incorporated
herein as applicable.
Modifications: This Agreement may be modified at the Company’s sole
discretion and at any time. Your continued use of the website
constitutes your acceptance of such terms and such terms become
effective upon posting by the Company on Website. The most recent
version of these terms will be indicated on the Website at time of
Contact and hard-copy of these terms: You may contact us in writing
Coffeestand LLC, 8985 E. Bell Road, Scottsdale, AZ 85254
If you would like to receive a copy of the most recent Terms of
Use, please print a copy of these terms or mail a
self-addressed, stamped envelope with enough postage to cover
the return postage cost of approximately 22 pages of 8.5 x 11
inch paper to the address above, including a written request
for such a copy. The Company reserves the right to limit the
number of copies returned as is reasonable.
Consent to Terms and Withdrawal of Consent: Your use of the website
in any way establishes your consent to these terms and consent to
receipt of these terms in electronic form as posted on the Website.
To withdraw your consent, you must cease using the Website or
Service and, if applicable, terminate your account.
Age: You must be at least 18 years of age to access and use the
Any use of the Website is void where prohibited.
By using the Website or Service, you represent that you have never
been convicted or pled no contest to a sex crime or violent crime
anywhere in the World and you are not required to be registered as
a Sex Offender.
You represent and warrant that you have the mental capacity, legal
rights and proper authority to agree to these terms and that you
are capable of abiding by all of the terms and conditions contained
You are solely responsible for using the Website in your respective
legal jurisdiction with regards to any prohibitions related to the
use of, or access to, such websites and you are solely responsible
for knowing and complying with any laws or regulations related to
your access to or use of the Service.
Membership Usage Fees and Refunds – Limitations on Damages.
Terms and conditions of registration for your level of membership may vary
as indicated upon your registering to use the Service. In the event you pay
to subscribe to pay-only features of the site, you agree to abide by any
terms of such payment system.
Basic services may be available for use at no cost and such services are
offered solely at Company’s discretion and may be changed or discontinued
at its sole discretion without liability to you. In the event you are a
paid member, the Company may alter or amend the parameters of the terms of
your service in conjunction with the specific terms for your level of
service. In the event the Company discontinues a feature or features, or
otherwise de-activates your account or multiple accounts or features of
your Service, you agree that your damages are limited to a refund of no
more than one month’s fees for such service(s). For instance, if the
Company decides to eliminate a feature that costs $3.00 per month, in the
middle of a billing period after which you have been billed that $3.00, you
agree that your damages are capped at $3.00 of refund or $3.00 of account
credit at the Company’s sole discretion.
For Members who use the free features available to them, you understand and
agree that you may have limited or no access to various features that are
available exclusively to paying Members and you are not entitled to any
refunds or damages in the event your account is terminated for any reason.
The specific subscription policies that are disclosed to you when you pay
to use the Service are incorporated hereto as a part of this Agreement.
Absent special offers, you acknowledge and agree that if you are (i) not a
subscriber, you will not be able to use all the features and services
available within the Service, and (ii) non-subscribing Members will not be
able to use the Service to communicate with you. A Member profile (both
paid subscribers and non-paid subscribers) may remain posted on the Website
even if that Member is not actively using the Service. You acknowledge that
although a Member’s profile may be viewed, you may not (even as a
subscriber) be able to use the Service to communicate with that Member if
he or she is not then actively using the Service.
Term and Termination.
This Agreement will remain in full force and effect while you use
the Service and/or are a Member and any terms intended to survive
after your termination of use of the Service still apply.
To change or cancel your membership, which you may do at any time
for any reason, follow the instructions pertaining to changing or
canceling your membership in the “Settings” page on the website.
You can also cancel or change your membership by sending the
Company a written request to the address listed in the Notices
section of these terms and conditions. Include your account name,
email, and details regarding what you would like the Company to do.
The Company will take such actions within a reasonable amount of
time after receiving any such requests. In the event you cancel a
membership or feature of a membership that has a set term, such as
a monthly cost for use of certain message features, your
cancellation of such services will expire at the end of the most
recent term period for which you subscribed and no partial refunds
will be issued.
Canceling certain ‘a la carte’ features of your subscription will
not automatically delete or otherwise cancel your overall
membership to the site nor will it hide your profile. You will
continue to be a Member and visible to others on the site unless
you specifically enter into your profile settings and elect to hide
Only canceling your membership will remove your profile entirely.
The Company may terminate or suspend your account or features of
your account at its sole discretion without notice, subject to the
terms herein. Engaging in prohibited conduct or otherwise breaching
the terms of this Agreement, such as using the site to advertise
without permission, harassment of users, posting of offensive or
confidential information may result in a permanent ban from use of
the Services or Website at any time without notice. If your account
is terminated due to breach of this Agreement or engaging in
prohibited conduct, you will NOT be entitled to any refund
whatsoever. Further, you agree to indemnify and defend Company for
any claims made by third-parties for your posting of content using
the service. You agree that the Company is not required to disclose
the reasons for your termination or suspension of your account
unless required to do so by a Court of Competent jurisdiction.
If your membership or subscription is terminated for any reason,
all terms of this Agreement that are intended to survive will
continue to be in full force and effect.
Non-commercial Use by Members.
The Website and Service are for personal use only. Members may not engage
in any unauthorized commercial uses of the Service or Website, including
for gathering data or direct or indirect advertising to the Members.
Additional prohibited uses include soliciting others to attend commercial
functions, raising money for any reason, or to steer users to another site
or service. Non-persons, such as businesses, academic institutions or
charitable organizations may not use the site to solicit or contact users
without the express written permission of an authorized representative of
Company. Violations of this clause may result in legal action being taken
against the person or entities violating these provisions, and you agree
that Company may seek all available damages and remedies, including
punitive damages and equitable remedies against such parties. The Company
reserves all rights in relation to enforcing this provision and any
election by the Company to not take action against a specific breach DOES
NOT constitute a waiver by Company to take future action against any
prohibited conduct, including the specific breach resulting in giving rise
to a claim by Company.
You agree that you are solely responsible for protecting your username and
password from unauthorized use and you are responsible for any actions
taken under your username using your password. If you feel that your
username or password has been compromised, immediately notify the Company
and change your password using the settings function on the site. You agree
to immediately notify the Company of any disclosure or unauthorized use of
your username or password or any other breach of security and you agree to
log out from your account at the end of each session.
Interactions with Other Members.
You understand and agree that Company cannot reasonably conduct
background or screening checks,
including criminal checks
, on all of its Users. You represent that you know that the
WORLD CAN BE A DANGEROUS PLACE
, there are criminals, scammers, con-artists, and just plain
bad people in this world, including people who use websites or
services such as the one offered by the Company and because of
the anonymous nature of email addresses and the internet, it is
not possible for Company to know or otherwise decipher whether
someone has bad intent. YOU ARE SOLELY RESPONSIBLE FOR ENSURING
YOUR PERSONAL SAFETY AND FINANCIAL WELL BEING when interacting
with other users. *** IF you feel threatened or in imminent
danger as a result of the conduct of any user CONTACT LAW
ENFORCEMENT IMMEDIATELY, then notify COMPANY immediately after
notifying your local law enforcement.
DO NOT MEET UP WITH ANYONE FROM THE SITE UNLESS YOU ENSURE YOUR
PERSONAL SAFETY FIRST. Use common sense and avoid dangerous
situations. Always meet in safe public places with lots of people
around who can help you if anything goes wrong. NEVER MEET ANYONE
ALONE OR WHERE THEY CAN EASILY ABDUCT YOU. Always let multiple
people know where you are going and who you are meeting, leave the
contact phone number and email/username of anyone you are meeting
with a trusted friend.
ALWAYS BRING ALONG someone who can ensure your safety or call
for help before meeting anyone new.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING
THE SAFETY OF MEETING WITH, CONVERSING WITH, CRIMINAL
BACKGROUND OF, OR INTENTIONS OF OTHER MEMBERS.
COMPANY RESERVES THE RIGHT TO CONDUCT A BACKGROUND CHECK ON ANY
USERS OF ITS SERVICES OR WEBSITES. This Check may include
criminal background searches, sex offender searches, and/or
related searches and you agree that COMPANY can notify law
enforcement if Company feels any USER presents any threat,
physical, financial, or otherwise, to themselves or other users
based upon their conduct.
DO NOT SEND MONEY TO OTHER USERS OF THE SERVICE OR WEBSITE. DO NOT
provide your financial information (for example, your credit card
or bank account information), or wire information to any person you
meet through use of the Service or Website.
YOU AGREE THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF
: TO BE CLEAR, you agree, on your own behalf and on the behalf
of your estate, that under no circumstances will the Company or
any of its affiliates, agents or assigns be directly or
indirectly liable for any losses or damages whatsoever,
including for general, special, compensatory, consequential,
incidental, or punitive damages arising out of or relating to
your conduct or the conduct of anyone else in connection with
your or their use of the Website or Service. This limitation of
liability includes a limit for liability resulting from death,
bodily injury, emotional distress, and/or any other form of
damages resulting from any of your interactions with other
Members or persons you meet through the Website or Service.
Intellectual Property Rights.
Company owns and retains all legal rights to the Website and the Service,
including all rights to all content, photos, images, logos, trademarks,
trade names, service marks and other intellectual property rights related
thereto. The Website and Service contain copyrighted material, trademarks,
and other intellectual property of the Company and its licensors. You agree
not to copy, modify, transmit, create any derivative works from, make use
of, or reproduce in any way any copyrighted material, trademarks, trade
names, service marks, or other intellectual property or proprietary
information accessible on the Website or through the Service, without first
obtaining the prior written consent of the Company or, if such property is
not owned by the Company, the owner of such intellectual property or
proprietary rights. You agree to not remove, obscure or otherwise alter any
proprietary notices appearing on any content, including copyright,
trademark and other intellectual property notices.
Content Posted by You on the Website.
You are solely responsible for any content or information that you
post, upload, publish, link to, transmit, record, display or
otherwise make available (hereinafter, "post") to
other Users of the Service or Website, including chat text, photos,
emails, videos (including streaming videos), voice notes,
recordings or profile text, whether posted publicly or sent
privately (collectively, "Content").
HIPAA – AS the Service and Website are directed towards individuals
working in the Healthcare Space, it is critical that you NOT POST
anything that may violate the Health Information Portability and
Accountability Act of 1996 or any related State or Federal Laws.
This includes posting stories related to patient care where
specific information could lead to the identity of a patient, such
as unique physical features or marks of a patient, such as a tattoo
or a very rare condition with geographic information where the
person could be identified. YOU ARE SOLELY RESPONSIBLE FOR
COMPLIANCE in regards to protecting any confidential information
and you agree to indemnify and defend Company against any
third-party claims resulting from your use or posting of any
information on the Service or Website.
DO NOT POST INFLAMMATORY OR DEROGATORY INFORAMTION REGARDING ANYONE
OR ANY ENTITY. You are solely responsible for any libelous or
slanderous remarks or content posted by you, whether posted
privately or publicly, through the Service or Website and you agree
to indemnify and defend Company against any third-party claims
resulting from your use or posting of any information on the
Service or Website.
You may not post on the Website or use the Service to transmit
directly or indirectly, on or off the Website, any offensive,
illegal, or harassing, content or imagery. You agree to indemnify
and defend Company against any third-party claims resulting from
your use or posting of any information on the Service or Website.
You agree that all information you submit upon registration is
accurate and truthful and that you will promptly update any
information provided by you that subsequently becomes inaccurate,
misleading or false.
Company at its sole discretion, may, but is not obligated to,
monitor, review and remove any content you post or transmit in any
way using the Service or Website.
You agree that by posting any content whatsoever to the Website or
through the Service, you are automatically granting the Company,
its affiliates, agents, licensees and assigns, an irrevocable,
perpetual, non-exclusive, fully vested, worldwide right and license
to (i) use, copy, store, perform, display, reproduce, record, play,
adapt, modify and distribute the Content, (ii) prepare derivative
works of the Content or incorporate the Content into other works,
and (iii) grant and authorize sublicenses of the foregoing in any
media now known or hereafter created on any terms deemed
appropriate by Company, at its sole discretion.
You agree, represent and warrant that anything you post and any
Content, whether transmitted publicly or privately through the
Website or Service, will not infringe upon or violate any rights of
any third party.
You agree that you will not post, or otherwise display or make
available in any form, Content that is racist, sexist, espouses
harming others, harasses others, requests money from others, or
that constitutes unauthorized advertising or ‘phishing’ of
information. You further agree not to post false information, or
information that would in any way promote criminal activities,
infringement upon other people’s rights, that contains private
images or audio without the consent of the subject, that seeks
private information for unauthorized uses, that interferes with the
functionality of the Service or Website, or that in any way
You agree that your use of the Service or Website constitutes your
absolute consent for the Company to disclose any and all
information you have provided to Company through the use of the
Service or Website to authorized law enforcement or in response to
a subpoena and you agree to waive any claims against Company for
You agree that the Company may access, use, preserve or disclose
any information you posted or provided at Company’s sole discretion
for any legally permissible purpose. If you do not want information
used in any legally permissible way then DO NOT POST, USE OR
INCLUDE SUCH DATA OR INFORMATION OR DO NOT USE THE SERVICE.
DO NOT POST ANY PERSONAL CONTACT INFORMATION (SUCH AS YOUR PHONE
NUMBER, EMAIL ADDRESS OR PHYSICAL ADDRESS) FOR PUBLIC VIEWING ON
THE WEBSITE OR SERVICE. You agree and understand that any Content
you put on the Website may be viewed by any person visiting the
Website or using the Service.
The Company reserves the right to investigate, suspend and/or TERMINATE
your membership, and to involve law enforcement, if you have misused the
Service or Website or otherwise have behaved in a way the Company regards
as inappropriate or unlawful, including by your actions or communications
that occur off the Website. You agree that you will not misuse the Service
or Website, and you understand that the various activities discussed herein
that behavior or actions constituting a violation of the intent of the
prohibitions contained herein are and will be treated for all intents and
illegal, or that could be reasonably construed as harassing or harmful in
any way to anyone or any entity, or that is otherwise not expressly
authorized by Company, is a prohibited activity.
The Company provides Customer Service as a courtesy to users, and as such,
you agree to be courteous and patient when communicating with customer
service representatives. Any conduct that is reasonably considered to be
harassing or inappropriate in your communications with Company may result,
at Company’s sole discretion, in suspension or termination of your use of
the Service or Website.
Any communications between you and Company may be recorded or otherwise
preserved for quality assurance purposes and you give Company the
unfettered right to use such communications as Company sees fit.
For those using paid services, you give Company the right to use
and transmit your billing information for such purposes. You agree
that the Company may, pursuant to the terms presented to you during
the enrollment or sign-up process, charge your account, credit
card, debit card, Paypal Account, or any other such similar account
that you have provided to Company for the agreed upon costs
required to provide you with such Services
You understand and agree that the Company does and may continue to
use a Third-Party Payment ‘Gateway’ or processor to process
payments and billing information, and that as part of the process,
Company shares your billing information and related data with the
By signing up to use pay features of the Service or Website, you
are expressly authorizing Company to charge your payment provider
using the payment method you selected for the service charges you
selected, and you understand and agree that such charges will
continue until you specifically cancel such charges using the
appropriate means provided on the Website for cancelling such
You agree that the Company may correct any billing mistakes and
that the Company’s liability for any billing mistakes is limited to
a refund of any charges made in error to your account. You agree
that you will not participate in any class-action or similar such
litigation in an attempt to obtain any refund.
The terms of any charges made by Company may be subject also to
terms or agreements between you and the financial institution,
credit card issuer or provider of your chosen payment method. If
you initiate a chargeback or otherwise reverse a payment made to
Company, Company may suspend or terminate your account and dispute
the reversal, and you will not be entitled to a refund if Company
is successful in its dispute.
Your enrollment for any pay features will continue indefinitely
until cancelled by you and any related recurring charges will not
be subject to a refund if failed to cancel such charges. You
understand and agree that your account will be subject to this
automatic renewal feature if and when you enroll in pay for use
When you enroll in any pay for use services, you agree that Company
may include charges for any sales tax or related governmental
In the event your payment method ceases to permit charges for any
reason, and your account features are therefore disabled, you
understand and agree that you are solely responsible for updating
such information and that your account will remain suspended until
either terminated or until such information is provided to keep
your account in good standing.
You are solely responsible for maintaining your billing account
information and making sure it is accurate. If you believe for any
reason that your payment information has been compromised, lost, or
stolen, please contact the Company or provide new billing
information and delete your old information.
Discontinuance or Modifications to Service or Website.
Company, at its sole discretion, may modify, discontinue, suspend
temporarily or permanently, the Website or the Service (or any part
thereof) with or without notice. You agree that the Company will not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service or Website. Company reserves the right at its
sole discretion to block certain IP addresses from accessing the Website or
Copyright Policy; Notice and Procedure for Making Claims of
Users are not permitted and are expressly prohibited from posting,
reproducing or any other unauthorized use of any copyrighted material,
trademarks, or other proprietary information on the Website or through the
Service without first obtaining the prior written consent of the owner of
such proprietary rights.
If you believe that your intellectual property has been used in any
unauthorized way, please submit via the Notice clause contained herein a
written explanation of your allegation of misuse, and include the following
Your name, contact information, the name and contact
information for the copyright or rights holder if other
than yourself, and the name and contact information of any
other person, agent, or attorney authorized to act on
behalf of the copyright or rights holder.
A description of the work that you claim has been infringed
A description of where on the Website or Service where the
disputed content has been placed.
A statement, signed by you electronically or in writing,
under penalty of perjury, stating that you have a good
faith belief that the disputed use of the content is
unauthorized and that you are authorized to make a claim on
behalf of the rights’ holder.
Communications from Company.
By using the Service or Website, you agree that Company can communicate
with via email for any and all purposes, including commercial offers,
promotions or special offers from us or third-party partners. Please see
communications. Telephone calls between you and our customer care
representatives may be recorded for quality assurance purposes.
You agree that Company and its agents or assigns, are not
responsible for, nor have any liability to you for any incorrect or
inaccurate content provided on the Website(s) or via the Services
provided by Company except as otherwise specified herein.
You agree that Company will not have any liability to you for
damages resulting from any interruption of Service, or lack of
timeliness, deletion or removal of any Content or Features on the
Website or of the Service.
You agree that, other than a refund for any actual unauthorized
charges made to you in error, Company has no other liability to you
for any unauthorized access to your information originating from
Company’s operations of the Service or Website. In the event any
unauthorized access to your account results from your conduct,
equipment, or internet access, you are solely responsible for any
resulting damage or associated costs.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY
PROVIDES ITS WEBSITE(S) AND ITS SERVICE(S) ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT
TO THE SERVICE(S) OR THE WEBSITE(S) (INCLUDING ALL CONTENT AND
FUNCATIONALITY CONTAINED THEREIN), INCLUDING (WITHOUT
LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT
THAT THE WEBSITE(S) OR SERVICE(S) WILL BE UNINTERRUPTED OR
ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE
WEBSITE(S) OR IN THE SERVICE(S) WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR
LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION
OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY
MATERIAL THROUGH THE SERVICE OR WEBSITE.
The Company may create and post ‘test’ profiles for the purpose of
testing the functionality of the Service or Website.
Company may permit third-party advertisers to post content on the
website or to use the Service. All such content is the sole
responsibility of the third-party providing the content, and
Company makes no representations or warranties with regards to the
quality of any product or service offered thereby. You agree that
Company bears no liability and makes no guarantees whatsoever for
your use of any product or service offered by the third-parties and
you are solely responsible for conducting research and
due-diligence before contracting with or obtaining any product or
service from such third-parties. Company will not be liable under
any circumstances for your reliance upon any content or information
posted by third-parties. In the event you have any issue with any
advertiser or third-party, please contact them directly to resolve
Any content, including any advice, opinions or information are
provided for informational and entertainment purposes only and
should not be relied upon for anything other than entertainment
purposes. You agree that any reliance upon such information for any
purpose other than entertainment is at your own risk.
Company may, on a select basis at its own discretion, release all
or part of the information (other than billing information) you
provided to Company for advertising purposes.
You agree that Company is not responsible for the contents of any
third-party websites or links and does not endorse and is not responsible
for the content of any third-party content whatsoever. Company merely
provides a platform for Users and authorized third-parties to contact each
other and is not responsible in any way for the content Users or
Third-Parties share with each other using the platform. If you feel that
on the Website or through the Service, please notify Company in writing and
specify who you feel is violating the terms, what the offensive content
consists of and where the prohibited content has been placed on the Service
You agree that any dealings with any third-parties you meet via the Service
or Website are entirely between you and the third-party and that Company
has no liability, directly or indirectly for any damage or loss allegedly
created or caused by your interaction with those third-parties.
Limitation on Liability and Your Waiver of Statute of Limitations.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL
COMPANY, ITS AGENTS, ASSIGNS, AFFILIATES, BUSINESS PARTNERS, LICENSORS
OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR
CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT
OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR ANY
SERVICES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE
OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED
WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
Arbitration and Governing Law.
By using the Website or the Service in any manner, you agree to
arbitrate any disputes between you and the Company. By doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to make or
defend any claims between you and the Company (except for matters
that may be taken to small-claims court as described below).The
exclusive means of resolving any dispute or claim arising out of or
relating to this Agreement (including any alleged breach thereof),
the Service, or the Website will be BINDING ARBITRATION administered by the American
Arbitration Association under the Consumer Arbitration Rules in
effect at the time any claims is brought. The only exception to the
exclusivity of arbitration is that you have the right to bring an
individual claim against the Company in a small-claims court of
competent jurisdiction. Regardless of whether you choose
arbitration or small-claims court, you agree that you will NOT
under any circumstances commence or maintain against the Company
any class action, class arbitration, or other representative action
TO BE CLEAR, BY USING ANY SITE(S) OR SERVICE(S) OF COMPANY YOU
GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER
. Your rights will be determined by aNEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. The arbitrator will determine all issues
regarding the arbitrability of the dispute. You are entitled to a
fair hearing before the arbitrator. The arbitrator can grant any
relief that a court can, but you should note that arbitration
proceedings are often more streamlined than trials or other
judicial proceedings. Decisions by the arbitrator are enforceable
in court and may be overturned by a court only for very limited
Jurisdiction: Any proceeding to enforce this arbitration agreement
may be commenced in any court of competent jurisdiction. This
includes any proceeding to confirm, modify, or vacate an
arbitration award. If this arbitration agreement is found to be
unenforceable for any reason, any litigation against the Company
(except for small-claims court actions) may be commenced only in
the federal or state courts located in Maricopa County, Arizona.
You hereby irrevocably consent to the jurisdiction of those courts
for such purposes.
Choice of Laws: This Agreement, and any dispute between you and the
Company, will be governed by the laws of the state of Arizona
without regard to principles of conflicts of law, provided that
this arbitration agreement will be governed by the Federal
Your Indemnification of Company.
You agree to indemnify and hold the Company, its agents, assigns,
subsidiaries, and affiliates, and their officers, partners and employees,
harmless from any loss, liability, claim, damages or demands, including
reasonable attorney's fees, made by any third party due to or arising out
of your breach of or failure to comply with this Agreement (including any
breach of your representations and warranties contained herein), any
postings or Content you post on the Website or that result from your use of
the Service, and/or the violation of any law or regulation by you. The
Company reserves the right to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you
agree to fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes
to this Agreement, using any reasonable means now known or hereafter
developed, including by email, regular mail, SMS, MMS, text message or
postings on the Website. Company is not responsible for your receipt of any
notices if you access the Website or Service in an unauthorized manner and
you accept that you will be deemed to have received any notices by your
continued use of the Website or Service, regardless of whether you in fact
received, viewed, or read such notice.
notices, rules, specifications or terms posted for any specific features or
services offered to you contains the entire agreement between you and the
Company regarding the use of the Website and/or the Service. If any
provision of this Agreement is held invalid, the remainder of this
Agreement will continue to be in full force and effect and this Agreement
should then be read as if that term never existed, unless such a reading
would render this Agreement void, in which case the Arbitrator or Judge may
apply the most reasonable interpretation for a fair resolution of the issue
to the topic of such deleted term, without bias towards the drafter. You
agree that the failure of the Company to exercise or enforce any right or
provision of this Agreement does not constitute a waiver of such right or
provision. You agree that your online account is non-transferable and any
rights to your profile and/or the contents of your account terminate upon
your death. No agency, partnership, joint venture or employment is created
as a result of this Agreement and you may not make any representations or
bind the Company in any manner.
This Agreement is subject to change by the Company at any time. If you are
a non-paying Member at the time of any change, the revised terms will be
effective upon posting on the Website and your use of the Service after
such posting will constitute acceptance by you of the revised Agreement. If
you are a paying Member at the time of any change, the then-existing
Agreement will continue to govern your membership until the next recurring
charge for any features for which you are paying occurs, at which time the
new terms will control for all features of your account. Your permitting
the recurring charge to continue constitutes your acceptance of any
revisions to the Agreement. If you terminate your payment of such charges,
any continued use of the Service or access to the Website after your
termination will constitute acceptance by you of this Agreement in its most
The following provisions are added to this Agreement for subscribers
residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota,
New York, North Carolina, Ohio and Wisconsin:
You, the buyer (User), may cancel this agreement, without penalty or
obligation, at any time prior to midnight of the third business day
following the original date of this contract, excluding Sundays and
holidays. To cancel this agreement, mail or deliver a signed and dated
notice which states that you, the buyer (User), are canceling this
agreement, or words of similar effect. This notice must be sent to:
SocialRounds.com, Attn: Cancellations, 8985 E. Bell Road, Scottsdale,
Arizona, 85260, USA (in addition, California and Ohio users may email
us at firstname.lastname@example.org or send a facsimile to 949-271-4119).
Please include your socialrounds.com username and email address in any
correspondence or your refund may be delayed. If you cancel,
Socialrounds.com will return, within ten days of the date on which you
give notice of cancellation and such notice is received by
Socialrounds.com, any payments you have made. If you send or deliver
the notice to cancel your subscription agreement within such initial
three-day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period,
your estate will be entitled to a refund of that portion of any payment
you had made for your subscription which is allocable to the period
after your death. In the event that you become disabled (such that you
are unable to use the services) before the end of any subscription
period, you will be entitled to a refund of that portion of any payment
you had made for your subscription which is allocable to the period
after your disability by providing the company notice at the same
address as listed above.
Please contact us at email@example.com with any questions regarding