Terms of Service
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Your Acceptance
By using and/or visiting this website provided by Transfer Connect LLC (collectively, including all content and functionality available through the socialprofile.xyz domain name,
the "ProfileTracker Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and
(2)ProfileTracker's privacy notice, found at http://www.socialprofile.xyz/privacy.php
incorporated here by reference. You are authorized to use the ProfileTracker Website (regardless of whether your access or use is intended) only if you
agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.socialprofile.xyz/terms.php
). ProfileTracker may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. ProfileTracker Website
These Terms of Service apply to all users of the ProfileTracker Website, including users who are also contributors of content, information, and other materials or services on the Website. The ProfileTracker Website includes all aspects of ProfileTracker, including but not limited to all products, software and services offered via the website.
The ProfileTracker Website may contain links to third party websites that are not owned or controlled by ProfileTracker. ProfileTracker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ProfileTracker will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ProfileTracker from any and all liability arising from your use of any third-party website.
3. ProfileTracker Accounts
In order to access some features of the Website, you will have to create a ProfileTracker account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ProfileTracker immediately of any breach of security or unauthorized use of your account. You must not create an account in order to impersonate someone else.
Although ProfileTracker will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ProfileTracker or others due to such unauthorized use.
4. General Use of the Website - Permissions and Restrictions
ProfileTracker hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without ProfileTracker's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to ProfileTracker's technologies.
C. You agree not to access User Submissions (defined below) or ProfileTracker Content through any technology or means other than the Website itself or other explicitly authorized means ProfileTracker may designate.
D. You agree not to use the Website for any commercial use without the prior written authorization of ProfileTracker.
E. Prohibited commercial uses do not include:
* uploading content to ProfileTracker, or maintaining a profile on ProfileTracker, to promote your business or artistic enterprise;
* linking to ProfileTracker on an ad-enabled blog or website, provided the primary purpose of using the link is not to gain advertising revenue or compete with ProfileTracker;
* any use that ProfileTracker expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the ProfileTracker servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ProfileTracker grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ProfileTracker reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
H. You will not upload viruses or other malicious code.
I. You will not solicit login information or access an account belonging to someone else.
J. You will not bully, intimidate, or harass any user.
K. You will not post content that is hateful, threatening, libelous, slanderous, pornographic, or that contains nudity or graphic or gratuitous violence.
L. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
M. You will not use ProfileTracker to do anything unlawful, misleading, malicious, or discriminatory.
N. You will not do anything that could disable, overburden, or impair the proper working of ProfileTracker.
O. You will not facilitate or encourage any violations of this Terms of Service.
P. You will not provide any false personal information on ProfileTracker, or create an account for anyone other than yourself without permission. You may however, create a profile describing someone else. However, the information in this profile must be factual.
Q. You will not use ProfileTracker if you are a convicted sex offender.
R. You will not transfer your account to anyone without first getting our written permission.
S. You will not post anyone's identification documents or sensitive financial information on ProfileTracker.
T. You will not use ProfileTracker if you are less than 18 years old and you will not create a profile of anyone on ProfileTracker who is less than 18 years old.
U. ProfileTracker reserves the right to discontinue any aspect of the ProfileTracker Website at any time even if the change is or affects a service that has been paid for by the user. You agree that ProfileTracker will not be liable to you or any third party for any modification or discontinuance of the ProfileTracker Website or ProfileTracker Content.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ProfileTracker Website.
A. The content on the ProfileTracker Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ProfileTracker, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ProfileTracker reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the ProfileTracker Website. You shall not copy or download any User Submission unless you see a "download" or similar link displayed by ProfileTracker on the ProfileTracker Website for that User Submission.
C. User Content is made available to you for your information and personal use solely as intended through the normal functionality of the ProfileTracker Website. User Content is made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ProfileTracker Website or otherwise as prohibited under this Agreement.
D. You may access ProfileTracker Content, User Submissions and other content only as permitted under this Agreement. ProfileTracker reserves all rights not expressly granted in and to the ProfileTracker Content and the ProfileTracker Website.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the ProfileTracker Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ProfileTracker Website or the Content therein.
G. You understand that when using the ProfileTracker Website, you will be exposed to User Submissions from a variety of sources, and that ProfileTracker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ProfileTracker with respect thereto, and agree to indemnify and hold ProfileTracker, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a ProfileTracker account holder you may submit content ("User Content"). User Content is also referred to as "User Submissions." You understand that whether or not such User Submissions are published, ProfileTracker does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ProfileTracker to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ProfileTracker, you hereby grant ProfileTracker a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ProfileTracker Website and ProfileTracker's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the ProfileTracker Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ProfileTracker Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that ProfileTracker may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted by profile owners. You understand that you will not be able to delete any User Submission unless you are a Subscriber and you are the owner of the profile the User Submission is posted on. The above licenses granted by you in User Content are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ProfileTracker all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the ProfileTracker, or contrary to applicable local, national, and international laws and regulations.
F. ProfileTracker does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ProfileTracker expressly disclaims any and all liability in connection with User Submissions. ProfileTracker does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ProfileTracker will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ProfileTracker reserves the right to remove Content and User Submissions without prior notice.
7. Subscription (Premium Membership)
A. Please read this section carefully prior to using ProfileTracker's premium service (the "Services").
B. Subscribers authorize ProfileTracker to charge the Subscriber's credit card (or other approved facility)
provided to pay for the ongoing cost of subscription. Payment for the appropriate services will be made
by automatic debit to the Subscriber's credit card (or other approved facility). Subscribers will be
automatically renewed for a term equal to the original term upon expiration date of the then-current
term at a price equal to the current regular, nonpromotional price, and continually thereafter, unless the
Subscriber terminates the subscription online in advance of the renewal date pursuant to the process
set forth below. ProfileTracker reserves the right to prebill Subscriber by no more than 30 days.
If Subscriber's card is denied, then ProfileTracker reserves the right to retry Subscriber's card.
Subscriber acknowledges and agrees that the authorization to charge Subscriber's credit card for services
shall automatically transfer to any successors or assigns of Service for substantially similar services at
the same website. Subscriber may not assign or transfer his or her subscription to any other person or
entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order
C. Payment must be made by a major credit card accepted by ProfileTracker. Cash will not be accepted.
The billing period ends each month on the anniversary of your activation date ("Billing Date").
If ProfileTracker does not receive payment from the credit card issuer or its agent, you agree to pay
all amounts due upon demand by ProfileTracker. Your card issuer agreement governs your use of your
designated card in connection with the Service, and you must refer to that agreement and not this
Agreement to determine your rights and liabilities as a cardholder.
YOU, AND NOT ProfileTracker, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A
THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU.
ProfileTracker RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE
ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY ProfileTracker.
ProfileTracker MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.
Any data related to searchers, profile views, and secrets, including but not limited to location and
amount of this data ("Social Data") shown to users who aren't Subscribers is just shown as a demonstration
that is provided by ProfileTracker for illustrative purposes.
Social Data seen by users who are not Subscribers is completely artificial, invalid, and created purely
Once the user becomes a Subscriber, ProfileTracker will to the best of its ability begin to track this
data accurately for all profiles. Location based Social Data is approximate and not exact.
E. You may terminate your membership at any time. When you terminate your membership, your account
will not be automatically renewed and your premium access will be terminated on the expiration date.
You acknowledge that ProfileTracker, in its sole discretion, may terminate your use of the Service for
any reason, including, without limitation, if ProfileTracker believes that you have violated or
acted inconsistently with the letter or spirit of the Terms of Service. ProfileTracker may also in its
sole discretion and at any time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any provision of this Agreement
may be effected without prior notice, and acknowledge and agree that ProfileTracker may immediately
deactivate or delete your account and/or bar any further access to the Service. Further, you agree
that ProfileTracker shall not be liable to you or any third party for any termination of your access
to the Service.
F. Refunds are given automatically upon request when requested within 30 days after a charge.
After 30 days, refunds are granted on a case by case basis.
G. You shall be responsible for paying any and all applicable sales or use tax due to any and all
taxing authorities arising from, or in connection with, your use of the Member Services.
You agree that the ProfileTracker shall not be responsible or liable for any overdraft charges or
bank fees which you might incur as a result of your purchases.
BY SUBMITTING PAYMENT, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER
AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.
By supplying payment card information, you authorize our use of such information in accordance with our
the purposes of payment processing. You also understand and acknowledge that ProfileTracker uses a
third-party payment processor to process credit card payments on our behalf, and when you supply payment
information in connection with a purchase you agree that ProfileTracker is not responsible for the
security of such information when it is in the control of the third-party payment processor.
H. Failure to use the your Premium Membership services does not constitute a basis for refusing to pay
any of the associated fees. Upon prior written notice to you (with e-mail constituting sufficient written
notice), CallTruth reserves the right in its sole discretion to change its pricing or billing practices.
By not terminating your Account within seven (7) days after receiving such notice, you agree to comply
with, and be bound by, the new pricing or billing practices. If you do terminate your account, you will
remain responsible for timely payment of any and all fees that you have already incurred (including any
applicable late fees). If you fail to make any scheduled payment for accrued fees, such overdue amounts may be subject to interest
charges in the amount of the l esser of one and one half percent (1.5%) per month, compounded monthly,
or the maximum amount permitted by law. Your account may be deactivated, and access to the site denied,
8. Account Termination Policy
A. ProfileTracker will terminate a User's access to its Website if, under appropriate circumstances,
they are determined to be a repeat infringer or for any reason whatsoever.
B. ProfileTracker reserves the right to decide whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than copyright infringement, such as, but not
limited to, pornography, obscene or defamatory material, or excessive length. ProfileTracker may remove
such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms
of Service at any time, without prior notice and at its sole discretion.
9. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* 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 the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ProfileTracker's designated Copyright Agent to receive notifications of claimed infringement is: ProfileTracker Copyright Agent, 2470 Windy Hill Road, Suite 226, Marietta, Georgia 30067, email: firstname.lastname@example.org
, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ProfileTracker customer service through http://www.socialprofile.xyz/feedback.php
. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ProfileTracker WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, ProfileTracker, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ProfileTracker MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ProfileTracker WEBSITE.
ProfileTracker DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ProfileTracker WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ProfileTracker WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL ProfileTracker, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE ProfileTracker WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
YOU SPECIFICALLY ACKNOWLEDGE THAT ProfileTracker SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ProfileTracker from its facilities in the United States of America. ProfileTracker makes no representations that the ProfileTracker Website is appropriate or available for use in other locations. Those who access or use the ProfileTracker Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ProfileTracker, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the ProfileTracker Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage
to a third party. This defense and indemnification obligation will survive these Terms of Service and
your use of the ProfileTracker Website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental
or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth
in these Terms of Service, and to abide by and comply
with these Terms of Service. In any case, you affirm that you are over the age of 18, as the
ProfileTracker Website is not intended for children under 18.
If you are under 18 years of age, then please do not use the ProfileTracker Website because you are
unauthorized to do so.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by ProfileTracker without restriction.
Except if you opt-out or for disputes relating to: (1) your or ProfileTracker intellectual property
(such as trademarks, trade dress, domain names, trade secrets,
copyrights and patents); (2) violations of the Terms; or (3) violations of the no interference or unauthorized access provisions of the above ("Excluded Disputes"),
you agree that all disputes between you and ProfileTracker (whether or not such dispute involves a third party) with regard to your relationship with ProfileTracker,
individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and ProfileTracker hereby expressly
waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may
bring claims only on your own behalf. Neither you nor ProfileTracker will participate in a class action or class-wide arbitration for any claims covered by
this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another
person's account, if ProfileTracker is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either
ProfileTracker or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered
by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority
You may opt out of this agreement to arbitrate. If you do so, neither you nor ProfileTracker can require the other to participate in an arbitration proceeding.
To opt out, you must notify ProfileTracker in writing within 30 days of the date that you first became subject to this arbitration provision. You must use
this address to opt out:
ProfileTracker ATTN: Arbitration Opt-out 2470 Windy Hill Road, Suite 226, Marietta, Georgia 30067
You must include your name, username, telephone number, residence address, the email address you use for your ProfileTracker account if applicable, and a clear
statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable,
then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with
You agree that: (i) the ProfileTracker Website shall be deemed solely based in Georgia;
and (ii) the ProfileTracker Website shall be deemed a passive website that does not give rise
to personal jurisdiction over ProfileTracker, either specific or general, in jurisdictions
other than Georgia. These Terms of Service shall be governed by the internal substantive laws
of the state of New York, without respect to its conflict of laws principles.
Any claim or dispute between you and ProfileTracker that arises in whole or in part from your use
of the ProfileTracker Website shall be decided exclusively by a court of competent jurisdiction located
in Fulton County, Georgia. These Terms of Service, together with the
Privacy Notice at http://www.socialprofile.xyz/privacy.php
and any other legal notices published by ProfileTracker on the Website, shall constitute the
entire agreement between you and ProfileTracker concerning the ProfileTracker Website and
supersede any prior agreements. If any provision of these Terms of Service is deemed invalid by a court
of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any
term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any
other term, and ProfileTracker's failure to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. ProfileTracker reserves the right to
amend these Terms of Service at any time and without notice, and it is your responsibility to review these
Terms of Service for any changes. These Terms of Service do not confer any third-party beneficiary rights.
Your use of the ProfileTracker Website following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND ProfileTracker AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE ProfileTracker WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.