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.
By using our Services, you are agreeing to the following terms.
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.
Provision of Services. Social List shall perform the Services, and Customer shall pay Social List for the Services in accordance with the terms and conditions set out in this Agreement.
Support Services. Social List will support the Services with a combination of telephone, email and web support.
Social List Responsibilities. Social List shall: (i) only use Customer Data in conjunction with the Services; (ii) use commercially reasonable efforts to maintain the security and integrity of the Services; (iii) provide telephone and online standard support to the Users, at no additional charge; and (iv) use commercially reasonable efforts to make the Services generally available 24 hours a day, 7 days a week, except for downtime caused by circumstances beyond Social List's reasonable control.
Customer Responsibilities. Customer is responsible for all activities that occur under User accounts. Customer shall: (I) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify Social List promptly of any such unauthorized use; and (ii) comply with all applicable local, state, federal, and foreign laws (including, without limitation, privacy, and anti-spam) in using the Services and, if using the Services outside of the United States, not use the Services in a manner that would violate any federal or state laws of the United States if conducted therein.
You need a Social List Account in order to use our Services. If you learn of any unauthorized use of your password or account, please contact us immediately.
Your Social List account may include daily, weekly, or monthly limits on the number of search queries.
If you have a monthly subscription and are paying by credit card, you give Social List permission to bill your credit card for the subscription price, each month until you cancel your subscription.
You can unsubscribe from our services by accessing your account page and clicking on the option to unsubscribe. You are solely responsible for properly canceling your subscription. An email or phone request to cancel your subscription is not considered a cancellation, unless and until confirmed by a representative of Social List. If you cancel the service before the end of your current billing cycle, you will be able to use our Serviices till the end of the billing cycle, and you will not be charged again.
You agree to follow any policies made available to you within the Services. You may use our Services only as permitted by law. 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. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
Our Services display content that is not Social List’s. This content is the sole responsibility of the entity that makes it available.
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.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, though we’ll be sad to see you go. Social List may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, SOCIAL LIST 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.
WHEN PERMITTED BY LAW, SOCIAL LIST, ITS AFFILIATES AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SOCIAL LIST, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. IN ALL CASES, SOCIAL LIST AND ITS AFFILIATES AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Social List and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's fees.