CinchShare Terms of Service
Terms of Services Agreement
July 15, 2019
ATTENTION: BY ESTABLISHING AN ACCOUNT, GAINING ACCESS TO OR USING THE CINCHSHARE SERVICES, YOU AGREE AND AFFIRM THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS. PLEASE READ THIS AGREEMENT CAREFULLY.
The Software is the property of CinchShare and is protected by copyright, trademark and other intellectual property laws and treaties. CinchShare, together with its licensors, owns all right, title and interest in and to the Software, and reserves any rights not expressly granted in this Agreement. The Software may only be used for lawful purposes. Unless otherwise agreed in a written document signed by an authorized representative of CinchShare, the Software is licensed to be used exclusively for purposes set forth on the CinchShare website (www.cinchshare.com) and for no other purpose. The Software is not sold. CinchShare permits you to use and benefit from its proprietary Software only in accordance with these Terms.
You understand and agree to the following:
- CinchShare owns all right, title and interest in and to the CinchShare site, Software, and any content that may be made available by CinchShare to its Subscribers.
- Nothing in this Agreement should be construed as granting, by implication or otherwise, any license or right to use the CinchShare Site, Software or any content that may be made available other than as provided herein.
- You must maintain an active account with CinchShare in your name. There is no cost to create the account, and no payment information is required for the Free Plan. You will be required to submit your first and last name, email address, time zone and industry. Although not required, you may elect to sign up for the Pro Plan, which will made available to users via popups on the CinchShare Site.
- Except as otherwise expressly provided in these Terms, you may use the Services for your own personal or business use. You may not permit unauthorized access to the Services.
- CinchShare reserves the right to place limitations on the number of posts, or otherwise modify the Services or the Terms.
These terms and conditions govern your access to and use of the CinchShare Site, products, software, and the Services, including without limitation, any and all information, text, graphics, and photos.
- Definitions: The following terminology applies to these Terms of Service:
- “CinchShare,” or “we” or “us” or “our” shall mean CinchShare, LLC, a Florida Limited Liability Company.
- “CinchShare Site,” or “Site” shall mean the following: www.cinchshare.com, the CinchShare website, blog.conchshare.com, the CinchShare blog, app.cinchshare.com the CinchShare web application, and such other sites as CinchShare may post on one or more of the Sites, from time to time.
- “Devices” shall mean your personal computers, smart phones, tablet computers, x-boxes, or other mobile devices now in use, or in use at any future date with current technology or technology to be developed.
- “Fees” shall mean the charges established by CinchShare for the Services. Free Plan: Users who create and maintain a free account may use the Services without charge for a limited number of postings each month. This number is provided on the CinchShare Site. Free Plan accounts do not have access to the full range of features as are provided with our Pro Plan. Pro Plan: Pro Plan subscribers will be required to submit credit and payment information for CinchShare review and acceptance. As a Pro Plan Subscriber, you will have access to all features described on the Site, and you may schedule an unlimited number of posts. Pro Plan Subscriber Fees will be billed automatically, as set forth on the CinchShare Site.
- “Service(s)” shall mean the use of the CinchShare social sharing and marketing platform, including the limited right for users of the Free Plan and unlimited right for Pro Plan Subscribers, to create, schedule, organize and save posts, pins and tweets, and the limited use of ready-made graphics, together with such other CinchShare social sharing and marketing services that may be offered to Subscribers. The Services are for use with social networking sites such as Facebook, Instagram, Twitter and similar platforms with which CinchShare interacts. Our Services depend on the availability of the social networks and the features and functionality they make available to us. We have no control over the social networks and their features and functionality may change without notice to CinchShare.
- “Software” shall mean the CinchShare non-downloadable software licensed to the Users. The Software may not be customized.
- “Support” shall mean the support provided by CinchShare in its sole reasonable judgment, as more fully provided below.
- “Subscriber” shall mean You and the Free Plan or Pro Plan account you have established with CinchShare to use the Services. Your non-exclusive, non-transferrable Subscription is subject to the terms of this Agreement and the full and timely payment of the Fees.
- “User,” “you”, “your” shall mean the Subscriber and user of the Services.
- Services and Your Account
In order to use CinchShare Services, without cost, you must submit your name, address, time zone and industry. No further information is required for the Free Plan. In addition, to continue to use the Services, you must comply with the Terms of this Agreement. You may not exceed twenty (20) posts per month. This number is subject to review and change in our sole discretion. Any change in the number or the nature of the Services will be posted on the Site. You will be notified if you are about to exceed the number of allowable posts, and you will have the option to sign up for the Pro Plan at the then current fees. If you submit the requested credit and payment information and are accepted as a Subscriber to the Pro Plan, you will automatically be billed for the month, if you select the month to month billing, or for the year, if you select the annual billing plan, at the then current Pro Plan rate. Your account will reset at that rate for unlimited postings and the full range of features made available by CinchShare. You can elect to downgrade from the Pro Plan to the Free Plan at any time to stop your current subscription from auto-renewing at the end of the current billing cycle, provided your account is current. In the event you downgrade to the Free Plan, you will remain responsible for the payment of fees payable under the Pro Plan.
You must become a Subscriber in order to use the Services. In order to create an account and become a Subscriber, you are required to provide us with personal information, such as your name and email address. This information may be subject to the European Union (“EU”) General Data Protection Regulation. You are responsible for maintaining the security of your account login information and for any activities or actions occurring in your account. You must also comply with the Terms of this Agreement.
The following additional terms and conditions apply to the creation, maintenance and use of your account:
- Accounts registered by “bots” or other automated methods are not permitted.
- You must accept and comply with terms and conditions, and such other social networking sites that may integrate with CinchShare to use the Services.
- You are responsible for maintaining the security of your Facebook account and password, as well as any other social networking platform with which you may have an account, and you agree that CinchShare is not liable for any loss or damage from your failure to maintain the security of your Facebook or other social networking accounts.
- You are responsible for all content posted and activity that occurs under your Account even when content is posted by others whose content can be accessed through your Account.
- You agree to provide complete and accurate information when creating your Account and to keep your account information up-to-date.
- You agree not to access any other account without the permission of the account owner.
- You understand and agree that it is your responsibility to install, acquire or upgrade (for example, your browser) any hardware and software required to use the CinchShare Site or the Services.
- You acknowledge and agree that you are responsible for providing (i) all Devices used to access the Services, (ii) your own access to the Internet, (iii) payment of all Fees, and (iv) payment of all telephone or other fees associated with Internet access. CinchShare shall not be liable for any loss or damage arising from the loss of any access to the Internet.
- Updates and Modifications
CinchShare reserves the right, at its sole discretion and for any reason, to modify, discontinue or terminate the Services, or to modify or replace any part of this Agreement, at any time and without prior notice. It is your responsibility to check the CinchShare Site and this Agreement periodically for changes. If CinchShare modifies the conditions of this Agreement, it will post the modification on the Site. Your continued use of or access to the Site following the posting of any changes to the Terms of Service shall constitute your acceptance of any such changes. If the modified terms are not acceptable to you, your only recourse is to cease using the Services. Without limiting any other terms of this Agreement, CinchShare reserves the right in its discretion to correct possible errors or bugs in the Services and, more generally, to add new elements, modify, discontinue or change the Services or any part thereof at any time and without notice to you. CinchShare may, in the future, offer new Services and features through the Site, including the release of new tools and resources. Such new Services and features shall be subject to the terms and conditions of this Agreement. We may also impose limits on certain features of the Site or the Services, or it may restrict your access to part, or all of the Site or Services, without notice to you or penalty to us.
- Payment Terms for Services
The Fees or charges for using the Services are posted on the Site and are incorporated in this Agreement. CinchShare has the right to change the Fees or charges at any time and without separate notice to you. There is no charge for the Free Plan. As a Subscriber to the Pro Plan, you must pay the applicable Fees with one of the following: (a) a valid credit card acceptable to us; (b) a valid debit card acceptable to us; (c) PayPal, or (d) by another payment option that CinchShare may, in its sole judgment, provide to you in writing.
If you do not notify us of updates to your payment method (e.g., credit or debit card expiration date or change in card number), to avoid interruption of the Services, we, or our billing service provider, may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you hereby authorize us to continue billing your Account with the updated information that we obtain.
If you sign up for the Pro Plan, you will be billed monthly, or annually at your option, from the date you create your Pro Plan Account. If you cancel this Pro Plan Account, your account will be billed, and all amounts will be due and payable for your use of the Services as a Pro Plan Subscriber. You may downgrade from the Pro Plan at any time, to stop your Subscription from auto-renewing at the end of the current billing cycle. Services are billed on a monthly or annual basis and the amount billed is non-refundable. There will be no refunds for partial billing periods of Service.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, and/or duties. All Fees shall be at the foreign equivalent to the US Dollar amount charged. We are not responsible for currency differences or other costs or fees imposed by third parties or governmental entities.
Additional ordering, payment, cancellation or renewal terms may be provided to you on the Site or in communications or notices from us, and the Terms of Services incorporate such terms by reference.
- Downgrade or Cancellation of Services
You may downgrade from your Pro Plan account to a Free Plan account at any time. This downgrade will take effect at the end of your current billing cycle and your Subscription will not be automatically renewed. You may elect to delete your account and related data at any time; however, if you are in the middle of the Pro Plan billing cycle and you choose to delete your account, you will forfeit any remaining time on the Pro Plan, and no refund will be made.
In the event you elect to delete your account, all data, posts and other content cannot be recovered unless we are obligated or elect to retain such content pursuant to the terms of this Agreement. For example, we will retain your content upon your cancellation of the Services if we are under a legal obligation to retain the content, such as in connection with a court order or subpoena. Upon cancellation, you will be responsible for the maintenance and existence of any social media outlet for which you were using the Services.
- Software License. Subject to your continuous compliance with the terms, conditions and restrictions set forth in this Agreement, CinchShare hereby grants you and you accept, a non-exclusive, non-transferable, limited and revocable license to use the Services and the Software on the Devices as more fully provided in this Agreement and the CinchShare Site.
- Restrictions. You shall have no right, and you shall have no right to permit any third party to (i) use or have access to the Services, (ii) copy the Software, (iii) modify, adapt, create derivative works of or translate the Software, (iv) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as otherwise provided under applicable law, and in such event only to decompile only in order to achieve interoperability with existing software, (v) unbundle the component parts of the Software for use with different products or third party software, or (vi) repackage the Software for distribution, transfer or resale. Any use of the Services in any manner not expressly authorized pursuant to the terms hereof, or any attempted transfer, assignment, sublicense or unauthorized use shall be a material breach of this Agreement.
- Ownership of Intellectual Property
The Services and Software installed or used by you are the intellectual property of and are owned by CinchShare and its licensors. The structure, organization and source code of the Software are the valuable trade secrets and confidential information of CinchShare and its licensors. The Services and Software are protected by the copyright laws of the United States and other countries by international treaty provisions, and trademark, patent and other intellectual property laws and treaties. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Services or the Software. All rights not expressly granted are reserved by CinchShare. You acknowledge and agree that the Services and Software are confidential and trade secret information of CinchShare. You further agree that you shall not disclose such confidential and trade secret information to any third party.
All content included on the Site, such as audio, photographs, illustrations, graphics, video and software, code, data, works of authorship and materials thereon, the look and feel, design and all content in organization of the Site is the exclusive property of CinchShare. CinchShare is the creator, author and copyright owner of all such content. CinchShare owns, solely and exclusively, all rights, title and interest in and to the Site, including, but not limited to, all intellectual property and proprietary rights therein. You acknowledge that you do not create any ownership rights through your use of the Site and/or the content does not grant to you any ownership of any content you may access on the Site.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or in connection with the content made available through the Site are the trademarks of CinchShare and may not be used except with written permission of CinchShare. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of CinchShare.
Notwithstanding anything in the Terms of Service to the contrary, in the event that you submit to CinchShare any ideas, creative suggestions, photographs, information, advertisements or proposals concerning the Services, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of CinchShare without any compensation or credit to you whatsoever. CinchShare shall have no obligations with respect to such submissions and may use the ideas contained in such submissions for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.
- CinchShare Rights
In addition to all other rights herein, CinchShare reserves the following rights: (1) to suspend or terminate the Services of anyone who violates the Terms of Service; (2) to change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site and/or the Services, at any time; (3) to review, modify, filter, disable, delete and remove any and all content and information from the Site or content that any User attempts to post through the Services; (4) to update and download automatically any software provided on or through the Site, even if it affects the Services provided to you; (5) to cooperate or comply with any law enforcement, court, government investigation, order or third party requesting or directing that we disclose information or content; and (6) to display advertising and promotions, which may be targeted to certain Users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions. You agree that the foregoing are rights of, but not obligations of, CinchShare and that CinchShare may, but is not obligated to, exercise any of these rights.
- Prohibited Uses of the Site and Services
You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site or the Services comply with the Terms of Service and all applicable laws and regulations. CinchShare does not have any obligation to review, edit, censor or take responsibility for any information that you, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
You are responsible for any activity that occurs through your account and for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other information, content or materials (collectively, “Content”) that you transmit, upload, post or display.
- You may not transmit, upload, post or display Content that is profane, obscene, hateful, threatening, libelous, slanderous, defamatory, threatening, private or confidential, harassing, or which creates a risk to anyone’s privacy or safety;
- You may not transmit, upload or post Content that is violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, including without limitation, pornographic or sexually suggestive photos or other material;
- You may not promote, engage in or further any unlawful, misleading, discriminatory or malicious activity, and you will not stalk, bully, abuse, harass, threaten, impersonate, intimidate or harm any person or entity;
- You may not solicit personal information from anyone under 18 years of age, and you will not solicit, collect or use the login credentials of other users;
- You may not transmit, upload, post or display any person’s (including your own) credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
- You may not transmit, upload, post or display unsolicited commercial messages such as spam, junk mail, pyramid schemes, chain letters or similar materials or information;
- You may not transmit, upload, post or display viruses, worms, “Trojan Horses” or other malicious code;
- You may not transmit, upload, post or display photographs, graphics, works of art or other material obtained without permission from another source that would violate or infringe the intellectual property rights of any person or entity, including, without limitation, pirated or counterfeit works, including unlicensed stock photographs, information to circumvent copyright protection devices or links to such works or information, or other material that would violate the copyright, trademark, patent and trade secret rights of others;
- You may not use the Site or the Services to violate or infringe the privacy or publicity rights of another, such as impersonating another person or entity or posting images of an individual, without permission;
- You may not forge or otherwise manipulate headers, tags or identifiers in order to disguise the origin of any message or transmittal that you send or receive on or through the Site or the Services, and you may not change, modify, or alter the Site or Services so as to falsely express or imply that CinchShare sponsors, endorses or is otherwise affiliated or associated with you or a third party;
- You may not interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site or the Services, the proper working of the Site or the Services, security features of the Site or the Services, or the equipment connected to the Site or the Services;
- You may not impose an unreasonable or disproportionately large load on the infrastructure of the Site or the CinchShare systems or networks; restrict or inhibit any other person from using the Site or the Services (including without limitation by hacking or defacing any portion of the Site); or create a database by downloading and storing the Content or any part thereof;
- You may not violate the Terms of Service or encourage or assist anyone else to violate the Terms of Service;
- You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Site or Services and the Content, including without limitation, the export laws and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury or any other U.S. or foreign agency or authority.
In addition to any remedies that CinchShare may have at law or in equity, if CinchShare reasonably determines that you have violated or are likely to violate the foregoing prohibitions, CinchShare may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site. CinchShare may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing CinchShare to disclose the identity of anyone posting such materials.
- Rights of Others
It is understood and agreed that you may not use, or in any manner cause others to use, the CinchShare Site or the Services on any Devices for unintended or unauthorized purposes. You agree that:
- You will not post any content, use or take any action on the Site, or in connection with the Services that is false, intentionally misleading, or which infringes or violates someone else’s rights or otherwise violates federal or state law or regulation.
- You will not post any content, use or take any action on the Site, or in connection with the Services with the intent to use, transmit, take, or otherwise convey any personal data of subscribers or users of the Services to third parties.
- You may not post any content, use or take any action on the Site, or in connection with the Services with the intent to mislead Subscribers or users of the Services on any matters, real or fabricated, for the benefit of any person, political party, or foreign state interest.
- We may remove any content or information you post if we have reason to believe such content violates these Terms or our policies.
- If you repeatedly violate the Rights of Others, we will suspend or terminate your use of the Site or the Services. Also, in this event, you agree to reimburse us for any fees or costs, including reasonable attorney’s fees.
- Remedies for Breach of Terms of Service
CinchShare may suspend and terminate your use of the Site or Services without notice to you for breach of the Terms of Service. CinchShare may also report your activities to federal and/or state law enforcement agencies.
Without limiting its other remedies, CinchShare may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services and your account if you fail to comply with any term or condition of the Terms of Service.
You acknowledge and agree that damages are an inadequate remedy in the event of an actual, intended or threatened breach of the Terms of Service and that any such breach by you will cause us irreparable injury and damage. Accordingly, you agree that we shall be entitled to preliminary and permanent injunctive relief in the event of an actual, intended or threatened breach by you, without any requirement to post a bond or prove any actual damages to you (and without waiving any additional rights or remedies, including monetary damages, otherwise available to us at law, in equity or by statute).
Upon termination of the Services, those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect.
- Availability of Services/Support
CinchShare does not warrant that the Services will be available 24-hours per day, 7-days per week. If your access to the Services is suspended or interrupted, or a fault or defect occurs which prevents your access to the Services, CinchShare will use commercially reasonable efforts to restore access to the Services. CinchShare will provide reasonable support that is limited to the CinchShare Software. CinchShare is not responsible for any social networking software or other third-party software used with CinchShare software. User understands and agrees that in the event of any support issues unrelated to CinchShare, and not within CinchShare control, it will seek an appropriate response from the websites of other providers of social networking software or other third-party software.
- Third Party Content
The Site and Services may contain information and content provided by third parties not related to CinchShare, including hyperlinks to third party websites. CinchShare does not in any way imply, suggest, or constitute any sponsorship or recommendation of any third-party information. Nor does this indicate any affiliation between such other website and CinchShare. By accessing such third-party material through the Site and Services, you acknowledge that CinchShare does not in any way imply, suggest, or constitute any sponsorship of, approval of, recommendation, or affiliation among such third parties. You agree that CinchShare shall not be liable or responsible in any way for any of the content displayed on the third parties’ websites, including without limitation the completeness, accuracy and timeliness of information that CinchShare may aggregate for you from such third parties or their websites. The information or data provided by and through the Services may include objectionable or inappropriate material. By entering the Site or using the Services, you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
You and any third party you represent, whether in connection with the operation of an account, the performance of an activity, or other use of the Site or Services, agree to indemnify, defend and hold CinchShare and its affiliates, members, directors, officers, employees and agents (the “CinchShare Parties”) harmless from and against any and all claims, lawsuits, damages, obligations, losses, liabilities, costs and expenses, including, without limitation, attorneys’ fees, arising out of or in any way connected with any of the following, including as a direct result of your use of the Site and Services or those conducted on your behalf: (i) your content, your use of or access to the Site or Services; (ii) your breach or alleged breach of these Terms; your breach or alleged breach of these Terms, (iii) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, statutes, ordinances or orders of any governmental or quasi-governmental authorities; or (v) any misrepresentations made by you. You agree to cooperate as fully required by CinchShare in the defense of any claim made against the CinchShare Parties. CinchShare reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of CinchShare.
- Disclaimer and Limitation of Liability
THE SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CINCHSHARE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, CURRENCY, CONDITION, DURABILITY, NON-INFRINGEMENT OF A THIRD-PARTY INTELLECTUAL PROPERTY RIGHT, MERCHANTABILITY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE OF THE SERVICES. CINCHSHARE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES. CINCHSHARE MAKES NO WARRANTY THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, BUGS, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CINCHSHARE BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (IX) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT CINCHSHARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE UNAVAILABILITY OF, RELIANCE ON, USE OF, THE INABILITY TO MAKE USE OF, OR IMPROPER USE OF THE SERVICES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT CINCHSHARE SHALL INCUR SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR THE ONE (1) MONTH PERIOD PRIOR TO THE DATE WHEN THE APPLICABLE CLAIM AROSE.
- Governing Law/Exclusive Jurisdiction
- This Agreement will be governed by and construed in accordance with the laws of the State of Florida, USA, except for its conflict of law rules. The state courts of Brevard County, Florida, or the federal courts of the Middle District of Florida, as appropriate, shall be the exclusive venue in the event of any action or proceeding with respect to the operation or construction of this Agreement. You irrevocably consent to such exclusive jurisdiction.
- In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. Any cause of action you may have with respect to the Site or Services must be commenced within one (1) year after the claim or cause of action arises.
- Severability/No Waiver
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement.
This is the entire Agreement between CinchShare and you relating to the Services, Site and as otherwise provided herein. The Agreement supersedes all prior and contemporaneous representations, discussions, undertakings, and communications, whether electronic, oral or written, relating thereto. This Agreement may not be modified.
The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
You may not assign the Terms or any part of the Terms without the express written consent of CinchShare. You agree that CinchShare may assign the Terms or any part thereof at any time and for any reason without notice or your consent. CinchShare may also delegate, subcontract or engage any third party to perform any part of the Services or any of its obligations under these Terms, at any time and for any reason, without notice or your consent.
- Contact us
If you have any questions or concerns about these Terms of Service, please feel free to contact us by email to firstname.lastname@example.org.
YOU EXPRESSLY ACKNOWLEDGE THAT BY CLICKING ON THE SIGN UP BUTTON, YOU WILL ESTABLISH AN ACCOUNT WITH CINCHSHARE AND GAIN ACCESS TO CINCHSHARE SERVICES. IF YOU CONTINUE TO INSTALL CINCHSHARE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.