Terms Of Service
Terms and Conditions
Social Powerhouse, Inc. (“Social Powerhouse”)
Terms And Conditions
Last updated: October 10, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://social-powerhouse.com website (the “Service”) operated by Social Powerhouse (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Unless otherwise specifically agreed in a writing signed by the president of Social Powerhouse, Inc. (“Social Powerhouse”), Inc., these terms and conditions create a contract (the “Agreement”) between you and Social Powerhouse. This website (the “Site”) is owned by Social Powerhouse and this page explains the terms by which you may use the site and our services. Please read the Agreement carefully. By clicking “Agree” or “I accept the Terms and Conditions”, you thereby confirm your understanding and acceptance of this Agreement. If you disagree with any part of the terms then you do not have permission to access the Service.
A. Introduction to the Services
This Agreement governs your use of Social Powerhouse’s services and the use of this Site (collectively the “Services”). The Services may include: (1) online advertising services; (2) lead qualification services (3) certain support services provided by Social Powerhouse at its sole discretion regarding how to receive incoming leads.
Social Powerhouse makes no promise or guarantee of lead volume, quality, or lead conversion rates. Social Powerhouse runs ad(s) for clients by using ad budget funds to attract leads, and qualifies incoming leads for a full month. Leads that are generated are exclusive to the client. Ads are designed to run continually for the length of the contract.
B. Using the Services
i. Payment, Taxes, and Refunds
You understand that prior to Social Powerhouse providing the Services you shall be required to pay the upfront monthly fee and enter into a subscription plan as specified in your desired subscription plan.
There are various subscription plans (collectively the “Subscription Plan”). Your specific subscription plan is listed on your receipt or your invoice. By starting your Subscription Plan, you authorize us to charge fees per the terms of your Subscription Plan, and any other charges you may incur in connection with your use of the Services. You will be automatically charged each month, or, in the case of a prepaid plan, per the terms of such plan, for your ongoing use of the Services. All the Subscription Plans fees are nonrefundable.
The cost of each Subscription Plan is set forth at https://social-powerhouse.com/pricing/. Once you select a Subscription Plan, the cost of that Subscription Plan is guaranteed for the duration of your initial Subscription Plan only and does not extend to any renewals. Except as provided herein, Subscription Plan prices may change at any time with or without notice.
For details about how your payment is charged, please visit our Billing Policy available at https://social-powerhouse.com/billing-policies/. In the event that this Agreement and the Billing Policy conflicts, this Agreement controls. You are responsible for paying any applicable taxes.
If you intend to dispute any charge related to any of the Services you must contact Social Powerhouse in writing at [email protected] within thirty days after the disputed charge is first incurred. You waive any disputes not reported within thirty days of the disputed charge. If technical problems caused by Social Powerhouse, as determined in Social Powerhouse’s sole reasonable discretion, prevent or unreasonably delay delivery of the Services, your exclusive and sole remedy is either replacement of the Services or refund of the last service charge paid.
In the event that Social Powerhouse receives a chargeback from a third-party payment provider on your behalf, Social Powerhouse may assess you with a fifty dollar ($50.00) processing fee for each individual chargeback.
If we use a collection agency or attorney to collect money owed to us by you, you agree to pay the reasonable costs and fees associated with such a collection. These include, but are not limited to any collection agency’s fees, reasonable attorneys’ fees, and arbitration or court costs.
If you fail to pay the full amount due for any or all of the Services, Social Powerhouse may, at its sole discretion in accordance with and subject to any applicable law, suspend any or all of the Services.
ii. Monthly Advertising Budget
You understand and agree that Social Powerhouse may use part of your payment as their advertising budget to contract with certain third party providers to place internet advertising (the “Ad Budget”) on your behalf. Your Ad Budget is paid in advance in part of your payment at the commencement of your billing cycle.
iii. Ongoing Subscription
Unless you cancel your Subscription Plan in writing at [email protected], not more than thirty days and not less than ten days prior to your next monthly subscription payment charge, your Subscription Plan will automatically continue to be charged as a month to month Subscription Plan.
v. Usage Rules
Your use of the Services must follow the rules set forth in this Agreement, including but not limited to this section (the “Usage Rules”). Any other use of the Services is a material breach of this Agreement.
You may use the Services only for your commercial purposes. You may not share or sell the information from the Services with any other person or entity. You understand that Social Powerhouse does not verify whether the Services comply with your jurisdiction’s laws, rules and regulations. You understand and agree that you are responsible for complying with all applicable laws, regulations, and rules. Access to the materials in the Site or use of the Services where such would be illegal is prohibited.
Social Powerhouse’s delivery of the Services does not transfer any rights to you and does not constitute a grant or waiver of any of Social Powerhouse’s rights in, Social Powerhouse’s intellectual property except as specifically set forth herein.
vi. Changes to Service
Subject to applicable law, we have the right to change the Services and the Subscription Plan rates, at any time with a minimum 7 day notice. If we do give you notice, it may be provided to you on your monthly statement, by e-mail, or other communication permitted under applicable law. If you find a change in the Services unacceptable, you have the right to cancel your Subscription Plan and, notwithstanding anything else in this Agreement, you may be entitled to a pro-rata refund. However, if you continue to receive the Services after the change, this will constitute your acceptance of the change.
C. Intellectual Property
Using the Services does not give you ownership of any data or intellectual property rights in the Services. You will indemnify Social Powerhouse for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from your interaction with this Social Powerhouse.
D. Third Party Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Social Powerhouse. Social Powerhouse has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Social Powerhouse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
E. No Warranty
You expressly acknowledge and agree that use of the Services is at your sole risk. To the maximum extent permitted by applicable law, the Services performed or provided are provided “As Is” and “As Available,” with all faults and without warranty of any kind, and Social Powerhouse hereby disclaims all warranties and conditions with respect to the Services, either express, implied, or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, or satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights, no oral or written information or advice given by Social Powerhouse or its authorized representative shall create a warranty.
F. Limitation of Liability
In no event shall Social Powerhouse, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify and hold harmless Social Powerhouse and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
I. Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
J. Dispute Resolution
Should any dispute arise under this Agreement or otherwise related to the Services, you must first participate in at least four hours of non-binding mediation before a professional. If the parties cannot agree on a Professional, the Professional with the lowest hourly rate shall be the mediator. The parties shall share equally in the costs of the mediation. Mediation shall involve no formal court procedures, discovery, or rules of evidence and the mediator does not have the power to render a binding decision or force an agreement on the parties.
Should the dispute remain outstanding after mediation, prior to initiating litigation you must submit to mandatory non-binding arbitration before a Professional other than the person who acted as mediator. If the parties cannot agree on a Professional, each party shall select one Professional, and those two Professionals shall choose a different Professional (other than the one who served as a mediator) and that person shall be the arbitrator. The arbitrator may allow limited discovery and must conduct an evidentiary hearing of no more than eight hours in duration prior to rendering a written decision. The decision shall not be binding on the parties (and may not be entered as a judgment or cited as evidence or precedent) unless agreed to by the parties in writing but should be interpreted by the parties as a prediction of the result of formal litigation. Additionally, the prevailing party shall be reimbursed by the non-prevailing party its fees and costs related to the arbitration.
Absolutely no lawsuits may be initiated until after both of the foregoing mediation and arbitration protocols are completed. Any litigation commenced prior to completing both mediation and arbitration shall be subject to a stay pending completion of both.
J. Waiver of Class Action
There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other users of the Site or the Services, or other persons similarly situated. Social Powerhouse would not be willing to provide the Services to you absent this waiver. You acknowledge and agree that you are under no obligation to use this Site or the Services if you are not willing to waive class action rights, and you expressly agree to this waiver.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Social Powerhouse as a result of this agreement or your use of the Services or the Site. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Except as otherwise set forth herein, this Agreement constitutes the entire and only agreements between you and Social Powerhouse with respect to the Services and the Site and supersedes all other communications and agreements with respect to the subject matter thereof.
L. Contact Us
If you have any questions about these Terms, please contact us at [email protected] or 914-940-5777.