TERMS OF USE

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 bound by the following Terms of Use and any other terms and conditions that appear on the website or mobile application, (these Terms of Use are 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.

You should also read the socialrounds.com Privacy Policy, which is incorporated by reference into this Agreement and is available on the Website. If you do not agree to be bound by all of the terms of this Agreement, including the Company’s Privacy Policy, do not use the Website or the Service. You may contact us at admin@socialrounds.com with any questions regarding this Agreement.

  • 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. This Agreement includes the Company’s (i) Privacy Policy, (ii) any 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 posting.
    • Contact and hard-copy of these terms: You may contact us in writing at:
      • 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.
  • Eligibility.
    • Age: You must be at least 18 years of age to access and use the Website.
    • 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 herein.
    • 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 your profile.
    • 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.

  • Account Security.

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 OTHER USERS.
    • NO LIABILITY : 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 or App.
    • 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. There is no tolerance on the app or website for objectionable content or abusive users. Posting of objectional content, such as nude or derogatory photos, racism, vulgarity, comments designed to bully or stereotype, or engaging in abusive activity such as harassment, defamation, invasion of privacy, advocating or implying violence, disclosure of personally identifiable information in a public forum, or spam is prohibited and may result in termination of membership. 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 violates the terms or intent of the Terms of Use.
    • 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 such disclosures.
    • 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.
  • Prohibited Activities.

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 as a violation of these Terms of Use constitute prohibited activities, and that behavior or actions constituting a violation of the intent of the prohibitions contained herein are and will be treated for all intents and purposes as a direct violation of these Terms of Use. Any conduct that is 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.

  • Customer Service.

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.

  • Billing.
    • 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 payment processor.
    • 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 charges.
    • 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 services.
    • When you enroll in any pay for use services, you agree that Company may include charges for any sales tax or related governmental assessments.
    • 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 Service.

  • Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.

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 information:

        • 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 the Company’s Privacy Policy for more information regarding these communications. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

  • Disclaimers.


    • 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 issues.
    • 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.
  • Links.

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 any third-party is violating the Terms of Use through any content it places 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 or Website.

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 BARRED.

  • 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 or proceeding.
    • 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 CLASS PROCEEDING . 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 reasons.
    • 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 Arbitration Act.
  • 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.

  • Notice.

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.

  • Entire Agreement.

This Agreement, along with the Privacy Policy and any other written 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.

  • Amendment.

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 recent form.

  • State Specific Terms.

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 admin@socialrounds.com 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 admin@socialrounds.com with any questions regarding this agreement.