1001 S. Capital Texas Hwy
Building L, Suite 250
Austin TX, 78746
1-877-329-8860
info@socialware.com
The Socialware, Inc. (“Socialware”) Compass application (the “Application”) allows you to archive, search and export content (the “Content”) that you submit to Facebook, LinkedIn and Twitter through Socialware. The Application also includes the other features described on the Socialware website.
By using the Application, including any third party software made available in conjunction with the Application, you agree to be bound by the following terms and conditions (the "Terms and Conditions"). If you are consenting to these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms and Conditions, do not sign up for or use the Application. If you have comments or ideas on how to improve the Application, or need to report a problem with the Application, please visit support.socialware.com. Please note that by doing so, you also grant Socialware and third parties permission to use and incorporate your ideas or comments into the Application (or third party software) without further compensation.
You agree to indemnify and hold Socialware (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of any of your Content, or your violation of any law or the rights of a third party.
You grant Socialware a perpetual, transferrable, worldwide, royalty free license to publish, share or otherwise distribute, to any party, analytics, statistics or other metadata related to your use of the Application. We will never disclose any personal information, information about your firm or specific content you create.
By submitting your e-mail address in connection with your Content, you agree that Socialware and its third party service providers may use your e-mail address to:
You acknowledge that Socialware or third parties own all rights, title and interest in and to the Application, portions thereof, or software provided through or in conjunction with the Application, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Application. You also agree to not remove, obscure, or alter Socialware's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
Socialware and any third party who makes its software available in conjunction with or through the Application disclaim any responsibility for any harm resulting from your use of the Application and/or any third party software accessed in conjunction with or through the Application.
THE APPLICATION AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SOCIALWARE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOCIALWARE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF APPLICATION AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF APPLICATION AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL SOCIALWARE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE APPLICATION OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SOCIALWARE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION, FROM INABILITY TO USE THE APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Socialware may issue updates to the Application from time to time which may include enhancements, patches, or technical updates. You agree that we may provide such updates at our discretion without any requirement for further approval from you or notification to you. All such Updates will be governed by these Terms and Conditions.
Your use of the Application is also defined by Socialware's full Privacy Policy.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Socialware with a valid credit card as a condition to access the Application. Recurring charges will be billed to your credit card monthly in advance based upon the package chosen during the ordering process or otherwise agreed upon by the parties in writing. For purposes of these Terms and Conditions, a “User” means an individual that interacts with the Services. All payment obligations are nonrefundable.
Socialware will notify you at least 30 days in advance of any fee increase. Socialware’s fees are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Socialware’s income.
You agree to provide Socialware with complete and accurate billing and contact information. This information includes your legal company name (if applicable), e-mail address, and of an authorized billing contact. You agree to update this information within 10 days of any change to it. If the contact information you have provided is false or fraudulent, Socialware reserves the right to terminate your access to the Application in addition to any other legal remedies.
Unless Socialware in its discretion determines otherwise, all fees will be billed in U.S. dollars.
These Terms and Conditions and your use of the Application shall continue for a minimum of 12 months and will be autoamtically renewed for an additional 12 months at the end of each annual cycle unless terminated by either party on written notice to the other party within 30 days of the end of each annual cycle. You agree and acknowledge that Socialware has no obligation to retain your data and may delete such data upon termination.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the conflict of laws provisions of Texas or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Socialware and/or a third party who make its software available in conjunction with or through the Application.
October 2010