OUR LEGAL TERMS CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE OR OTHER SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Sorting Social grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with our Legal Terms.
Our Relationship to You
Sorting Social does NOT enter into any legal relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and NST or our affiliates.
Our Intellectual Property
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Sorting Social. This Website as a whole is protected by international copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Website, without obtaining our prior written permission. Sorting Social aggressively enforces its Intellectual Property rights to the fullest extent of the law. The names and logos of Sorting Social, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Sorting Social. Sorting Social prohibits use of any logo of Sorting Social or any of its affiliates as part of a link to or from any Website unless Sorting Social approves establishment of such a link in advance in writing. Fair use of our Intellectual Property requires proper acknowledgment.
Intellectual Property Infringement
Sorting Social fully supports and follows such laws as the Digital Milennia Copyright Act, the Lanham Act, and other intellectual property laws of the United States of America, the United Kingdom and the European Union.
If you believe you are the victim of copyright violation, please contact Sorting Social immediately. You must provide notice to us in a form that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. Â§ 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. If you do not provide the requisite notice as required above, we are NOT required by law to honor your request.
Customer Support, Down-time, and Service Levels
We offer technical support by email only. Generally, we will provide answers to your technical questions/issues in a timely fashion. However, we make no guarantees as to response time.
Our Website and Services are subject to down-time with no prior notice to you. We make no guarantees about down-time or any specific service levels. We use commercially reasonable efforts to minimize down-time, but we are not liable to you for any down-time or failure to restore Services within a specific period of time.
No Warranties; Exclusion of Liability
OUR WEBSITE AND SERVICES ARE PROVIDED BY Sorting Social ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Sorting Social AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE WEBSITE AND SERVICES FOR ANY PURPOSE. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Sorting Social SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. Sorting Social SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE OR THE SERVICES WE PROVIDE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR SERVICES, OR FOR ANY DAMAGE TO YOUR COMPUTER, WEBSITE, OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES. YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Sorting Social OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR SERVICES, THE DELAY OR INABILITY TO USE OUR WEBSITE OR SERVICES, OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Sorting Social HAVE LIABILITY FOR ANY DAMAGE CLAIM EXCEEDING THE AMOUNT PAID BY YOU TO Sorting Social FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
We make no claims as to the accurateness of our data; you should proceed with caution when basing decisions using our data/information while understanding that it may be incorrect. We shall not be held responsible for any damages caused by data incorrectness.
You agree to make payment for the Services in advance of the time period during which such Services are provided by Sorting Social. You agree that Services are billing on a recurring basis and unless you notify Sorting Social of your desire to cancel/modify Services, you will continue to be billed for such Services, even if your Account is suspended.
As a Sorting Social customer, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. All Services are billed on a recurring basis, unless otherwise stated in writing by Sorting Social. Sorting Social reserves the right to bill your credit card or billing information on file with us. Sorting Social may, at its sole discretion, require you to post a security deposit if you make repeated late payments. Sorting Social's acceptance of partial payment does not relieve you of the duty to pay the remaining balance.
It is the customer's responsibility to notify Sorting Social after paying for a service renewal and to make sure our information is updated and acted upon. Service renewal notices and invoices are provided as a courtesy reminder and Sorting Social cannot be held responsible for failure to renew a service or failure to notify a customer about a service's renewal.
Sorting Social reserves the right to change the monthly payment amount and any other charges at anytime.
Refunds or Charge-backs
By signing up to a subscription, you agree to be billed on the period specified on the checkout page and any amount charged to your payment method is final. You may cancel your subscription at any time by logging into our website and visiting your account page.
Furthermore, you shall not institute any form or charge-back for any fees paid to us, unless you have been the victim of identity theft and provide us with a valid police report. Any other form of charge-back will result in the immediate termination of your Account, your obligation to pay an administrative cost recovery fee of $250.00 USD for each such charge-back, and may subject you to criminal investigation for fraudulently obtaining our Services.
You agree that should Sorting Social have to institute collection proceedings to recover past due amounts for Services, you agree to pay for the costs of such debt collection including reasonable attorneys or any other legal fees.
Cancellation/Suspension/Termination of Your Account
You may only cancel your Account at anytime from using the options we provide to you. If this is not possible, you should submit a ticket from inside the software or by sending us a direct email to our support team. Your Account, Website or other Services will then be cancelled within 72 hours.
Sorting Social reserves the right to suspend access to your Account or terminate your Account, at our sole discretion and at any time with or without notice to you, should you violate the terms of our Legal Terms or for any other reason.
You agree that you shall defend, indemnify, save and hold Sorting Social harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's or other legal fees asserted against Sorting Social, its agents, its customers, officers and employees, that may arise or result from your use of our Services or any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. You agree to defend, indemnify and hold harmless Sorting Social against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sorting Social; (2) any material supplied by you that infringes or allegedly infringes the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to your customers using our Services.
Modification and Waiver
Sorting Social will not be considered to have modified or waived any of our rights or remedies under our Legal Terms unless the modification or waiver is in writing and signed by an authorized representative of Sorting Social. No delay or omission by Sorting Social in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of our Legal Terms is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your Account) under our Legal Terms to anyone without prior notice to Sorting Social. Sorting Social may assign our Legal Terms in its sole discretion.
Neither of the parties to our Legal Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Law and Arbitration
Any dispute regarding our Legal Terms shall be governed by laws of the United States. You agree to submit to the personal jurisdiction of the state of California.
By using any Sorting Social services, you agree to submit to binding arbitration. If any disputes or claims arise against Sorting Social or its subsidiaries, such disputes will be handled by an arbitrator of Sorting Social choice. Arbitration will take place in California. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration. Any dispute arising from Services must be brought within one (1) year of the event giving rise to dispute or such dispute is considered null and void.
All notices sent to you by Sorting Social will be delivered to the email address you provide as part of your Account.
To the extent that any content found in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Sorting Social under our Legal Terms shall survive the termination of our Legal Terms.