Thank you for using our products and services (“Services”). The Services are provided by Brain Gain Recruiting (dba “Social List”), located at 201 Vista Heights Road, El Cerrito, CA 94530, United States. When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Services, its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of same (collectively the "Company").
The Services may be provided, made accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website sociallist.io.
By accessing or using our Services, you are agreeing to the following Terms and Conditions (the "Agreement") for the access and use by any person ("User", "Client", "Customer", or "you").
You should read this Agreement carefully before starting or continuing to use our Services. If you do not agree to be bound to any term of this Agreement, you must refrain from signing up to for our Services, you must stop making any use of the Services, and you should not access the Services.
Changes to Agreement. We may change this Agreement at any time. The last update date of this Agreement is posted at the bottom of the Agreement. Unless otherwise specified by us, all modifications shall be effective upon that date.
By accessing or using the Services on or after that date, you agree to be bound by such changes to the Agreement. If you do not agree to be bound the changes, you must immediately terminate your access and use of the Services.
Transfer. We may freely transfer or assign this Agreement or any of its obligations hereunder.
Notices. We may provide notices or other communications to you regarding this agreement or any aspect of the Services, by email to the email address that we have on record, or by posting it online. The date such notice is sent shall be deemed the date on which such notice is given.
Term of Agreement. This Agreement commences on the date your user account is created and continues until all Services granted in accordance with this Agreement have expired or been terminated, save as noted elsewhere in the Agreement.
Jurisdiction. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of California excluding any rules governing choice of laws.
Entire Agreement. This Agreement constitutes the entire agreement between us. This Agreement supersedes any prior understandings between us, written or oral. You agree that you have not relied on any promises by us, except as set forth in this Agreement.
Provision of Services. The Company shall perform the Services, and Customer shall pay the Company for the Services, in accordance with the terms and conditions set out in this Agreement.
Support. The Company will provide support to the Customer in the form of online help documentation, as well as email and phone support.
Warranty. The Services depend on various factors such as software and hardware either our own or those owned and/or operated by our contractors and suppliers. While we use industry standards to provide security, we do not guarantee that the Services will be uninterrupted, secure, consistent, timely or error-free. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, THE COMPANY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, OR THEIR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. Our Services display content that is not produced or owned by the Company. This content is the sole responsibility of the third party that makes it available.
Subscription and Payment. If you purchase a subscription or establish any other recurring or one-time payments for use of Services, you authorize the Company permission to bill your credit card, bank account, or other funding source for the stated price of the Services, both at the time of purchase and any future billing intervals, until you cancel your subscription or other recurring payment plan.
In the event of non-payment or delinquent payment, Services will be immediately suspended until all such payments are made in full.
In the event Services are terminated by the Company prior to full provision of paid Services, for any reason other than Customer's violation of the Agreement, the Company will provide a pro-rated refund for any Services paid for but not provided. Refunds are not otherwise provided.
Termination of Service. The Company reserves the right terminate or modify provision of Services at any time, to any individual or group (non-withstanding provision of Services to any other individual or group), with or without notice.
The Customer may cancel any subscription or other recurring payment plan at any time via the "unsubscribe" button on their account page. The Customer is solely responsible for ensuring successful cancellation. Email, postal mail, or phone messages requesting cancellation are not considered a cancellation, unless and until confirmed by a representative of the Company.
Upon cancellation, no future billing will take place. If such a cancellation takes place before the end of the Customer's current billing cycle, the Customer will retain access to the Services through the end of that billing cycle, at which time Customer's access to the Services will end.
Eligibility. You hereby confirm that you are at least 18 years old of age, and that you are legally able to enter into a contract.
Correct Information. You hereby confirm and agree that all information that you have or will provide to the Company in the course of accessing or using our Services is accurate, true, current and complete.
Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information, so it will continue to be true, accurate, current and complete.
Use and Rate Limits. You agree and commit to abide by the usage limits set by your account or subscription type and will not attempt to exceed those limits by any means. Use limits include but are not limited to set numbers of searches, enrichments, and exports per day.
Account Access. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password periodically and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred, resulting from someone else using your account, either with or without your consent and/or knowledge, and you agree to indemnify us for any such damage or loss.
You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred, resulting from the use of your Account Access by any person whether authorized by you or not.
You agree and commit not to use the account or Account Access of any other person for any reason.
Prohibited Activity. You may access or use our Services only as permitted by law.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Company's systems, services, servers, networks or infrastructure, or any of the systems, services, servers, networks or infrastructure relating to the Services, including without limitation obtaining unauthorized access to same.
You agree and commit not to make any use of the Services for sending or receiving malicious software or code; or any activity that may cause damage to a third party.
You further agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and your relationship with the Company.
Using our Services does not grant you ownership or any rights to any content accessed through the Services, or to any of the Company's intellectual property, including without limit the branding and logos used in our Services.
We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Indemnification. You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
1) your access to or use of the Platform;
2) any actions made with your account or Account Access whether by you or by someone else;
3) your violation of any of the provisions of this Agreement;
4) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
This section (indemnification) shall survive termination or expiration of this Agreement.
Limitation of Liability. You agree, confirm and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Effective Date: July 5th, 2018