Terms of Use:

Welcome to Socialgist.com (“Socialgist”). Socialgist provides its services to you, through the Site, including its data management services to prepare for you a collection of message boards, websites, blogs, and other social media (collectively, the “Services”).  The Socialgist.com website (the “Site”) is owned and operated by Socialgist.

1. ACCESS.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.  These terms and conditions of use (“Terms of Use”) apply exclusively to your access to, and use of, the Site and do not alter in any way the terms and conditions of any other agreement(s) you may have with Socialgist.  These Terms of Use apply generally to the Site and to all websites operated by Socialgist (and its affiliates); however, certain restricted areas of the Sites or data feeds may have additional terms and conditions.

Socialgist operates and maintains the Site, at least in part, from Troy, Michigan, USA.

2. CHANGES TO TERMS OF USE.

Socialgist reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Site, following the posting of changes, will mean that you accept and agree to all changes.  As long as you comply with these Terms of Use, Socialgist grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Socialgist reserves the right to change or discontinue the Site with or without notice, including without limitation, removing features or functionality.

3. CONTACT INFORMATION.

Please address technical questions or comments about the Site to contact@socialgist.com.

For all other communications, please contact Socialgist by mail or fax at: socialgist.com, 700 Tower Drive, Suite 140, Troy, Michigan 48098. Fax: 248-813-8718.

4. COPYRIGHT COMPLAINTS.

Socialgist respects the intellectual property of others, and expects its users to do the same. If you believe, in good faith, that any materials from the Site infringe upon your copyrights, please send the following information to Socialgist Copyright Agent by mail, email, or fax to: Copyright Agent, Socialgist.com, 700 Tower Drive, Suite 140, Troy, Michigan 48098. Email: contact@socialgist.com. Fax: 248-813-8718.

a. Identify the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on Socialgist.com where the material you claim is infringed is located. Include enough information to allow Socialgist to locate the material, and explain why you think an infringement has taken place. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site is allowed;

b. Identify the allegedly infringing work and include information reasonably sufficient to allow us to locate the material — for example, the URL (Internet address) where it is posted or;

c. Your full legal name, mailing address, telephone number, and e-mail address;

d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

f. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

5. COPYRIGHTS, TRADEMARKS, AND PERMISSIONS.

You acknowledge and agree that Socialgist or third parties granting rights to Socialgist hold title to any and all materials on the Site, the underlying software of the Site, and related technology, including all intellectual property rights therein.  All content including text, graphics, user interfaces, visual interfaces, photographs, trademarks, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by, controlled by, or licensed by Socialgist, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  You do not acquire or have any ownership, license, or other proprietary interest in the Site, content, or any information contained on or provided by the Site.  All rights not expressly granted in the Terms of Use are reserved by Socialgist.

Socialgist authorizes you to view and use the Site solely for your personal informational and noncommercial use, and downloading is limited to one electronic or hard copy of limited portions.  If you download or print any pages or Content, you must (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents.

Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without express prior written consent from Socialgist.

You will not frame or use framing techniques to enclose any portion of this Site or the Content without the express prior written consent of Socialgist.  You will not use meta tags or any other hidden text using the Socialgist name or trademarks and service marks without the express prior written consent of Socialgist.

No commercial use of the information from the Site is licensed or permitted.  The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information from the Site is expressly prohibited where such systems are employed in connection with commercial objectives (other than indexing for search engines), or in a fashion that directly or indirectly violates any privacy interests.

The word “Socialgist,” “Socialgist.com,” the Socialgist logos, and the products and services described in Socialgist.com are either trademarks, trade names, or service marks of Socialgist and its licensors, or are the property of their respective owners.  These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Socialgist or their respective owners, and then with the proper acknowledgments.  In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of Socialgist, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Socialgist.

You will not reverse engineer or attempt to derive the source code of the Site.  You will not send automated queries to the Site without the prior written approval of us.  You will not use the Site to sell a product or service or to advertise or direct activity to other websites.  You will not decompile, reverse engineer or otherwise manipulate or work with the software or software architecture of the Site.  You will not use any robot or any other automatic device and you will not use any manual process to monitor or to copy any information from the Site for any unauthorized purpose.  You will not use any automatic device, software, or other routine to interfere with or attempt to interfere with the functioning of the Site.  You will not interfere with the operation of the Site or any other party’s use of the Site.

You will not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.  Socialgist reserves the right to bar any such activity.

You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Socialgist server, or to any of the services offered on or through Socialgist.com, by hacking, password “mining” or any other illegitimate means. You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.  You will not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Socialgist.com, or any other customer of Socialgist, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Socialgist’s systems or networks, or any systems or networks connected to the Site or to Socialgist. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Socialgist on or through the Site or any service offered on or through the Site.  You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You will not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Socialgist or others.  You will not transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or any other country in which you reside.

6. REGISTRATION.

You will need to register and create an account on the Site in order to use the Site and access and use certain features or functions of the Site, such as receiving email alerts, or certain services.  You must provide complete, accurate, and truthful information when registering.  You are responsible for maintaining the confidentiality of any password and username needed to access the Site.  You are responsible for all activities that occur under your password or username.  Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Socialgist immediately.  Usernames are the property of Socialgist, and Socialgist may change your username in our discretion.  Socialgist may terminate or suspend your account if you are in violation of this Terms of Use or if Socialgist reasonably believes your use of your account or the Site could cause us to incur cost, damage, expense, or liability of any kind.  You will not use anyone else’s user ID, password, or account at any time without the express permission and consent of the holder of that user ID, password, or account.  Socialgist cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

The Site is not intended for or directed at children under the age of 13, and you will not register with the Site if you are under the age of 13.

7. YOUR CONTENT.

To use the Site, you will need to submit search terms.  Socialgist will collect and use the search terms to provide the search services requested by you and you give us permission to do so.

8. SUBMISSIONS.

Except as otherwise provided in a separate written agreement between you and Socialgist, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or electronic submissions to Socialgist, or postings at the Site, are nonconfidential and shall become the sole and exclusive property of Socialgist to the fullest extent permitted by applicable law.  Socialgist shall own all exclusive rights and shall be entitled to the unrestricted use of these materials for any and all purposes, commercial or otherwise, without acknowledgment or additional compensation to you.  In the event applicable law operates to prevent Socialgist from becoming the sole owner of any such property, then this provision shall be effective as granting to Socialgist (with rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any and all moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

9. DISCLAIMER.

YOU USE THE SITE AT YOUR OWN RISK.  SOCIALGIST DOES NOT REVIEW OR EDIT SEARCH RESULTS, RELATED CONTENT, OR THIRD PARTY ADVERTISEMENTS.  SOCIALGIST DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITEWILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND.  ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  SOCIALGIST CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  SOCIALGIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SOCIALGIST DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SOCIALGIST SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.  YOUR SOLE REMEDY AGAINST SOCIALGIST FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.  YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

The above disclaimer applies to any damages, liability or injuries caused by a failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Socialgist reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

10. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT SOCIALGIST WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS TO THE SITE OR ANY VIEWING OR USE OF ANY INFORMATION ON OR THROUGH THE SITE OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON ANY INFORMATION INCLUDED IN OR THROUGH THE SITE. IN NO EVENT WILL SOCIALGIST’S AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE SITE EXCEED $100. YOU ACKNOWLEDGE THAT, AS NO SUBSCRIPTION OR OTHER FEES ARE REQUIRED FOR YOUR ACCESS TO THE SITE, THE LIMITATIONS IN THIS PARAGRAPH ARE REASONABLE AND APPROPRIATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Except where prohibited by law, in no event will Socialgist be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Socialgist has been advised of the possibility of such damages.

11. INDEMNIFICATION.

You shall indemnify, defend, and hold Socialgist, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to your use of the Site, including, without limitation, any violations by you of the Terms of Use and your use of or reliance on any search results.

12. VIOLATION OF THESE TERMS OF USE.

Socialgist may disclose any information Socialgist has about you (including your identity) if Socialgist determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Socialgist’s rights or property, or the rights or property of visitors to or users of the Services or Site, including Socialgist’s customers.  Socialgist reserves the right at all times to disclose any information that Socialgist deems necessary to comply with any applicable law, regulation, legal process or governmental request.  Socialgist also may disclose your information when Socialgist determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Socialgist may preserve any transmittal or communication by you with Socialgist through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Socialgist determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any such data violates the rights of others; or (d) protect the rights, property or personal safety of Socialgist, its employees, users of or visitor to the Site, and the public.

You agree that Socialgist may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Socialgist determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.  You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Socialgist, for which monetary damages would be inadequate, and you consent to Socialgist obtaining any injunctive or equitable relief that Socialgist deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies Socialgist may have at law or in equity.

You agree that Socialgist may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (a) requests by law enforcement or other government agencies, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification of the Siteor any service offered on or through the Site, or (d) unexpected technical issues or problems.

If Socialgist does take any legal action against you as a result of your violation of these Terms of Use, Socialgist will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Socialgist.  You agree that Socialgist will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

13. GOVERNING LAW/JURISDICTION.

These Terms of Use and your access to and use of information from the Site is governed by the laws of the State of Michigan, without regard to any conflict of laws rules. All claims, suits, or causes of action arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Oakland County, Michigan, USA, and you and Socialgist consent to personal jurisdiction in those courts.

14. ENTIRE AGREEMENT.

This Terms of Use constitutes the entire agreement between you and Socialgist regarding your access to the Site and your reproduction and use of any information from the Site. Any waiver of any term or condition of this Terms of Use shall not be effective unless in a written document signed by an authorized representative of Socialgist. This Terms of Use control the relationship between Socialgist and you. They do not create any third party beneficiary rights. If you do not comply with the Terms of Use, and Socialgist does not take action right away, this doesn’t mean that Socialgist is giving up any rights that Socialgist may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

Rules governing collection, use and sharing personal information are set forth in the Privacy Policy of Socialgist to be found at https://socialgist.com/privacy-policy/ which is incorporated by reference to the Terms of Use and constitutes a part thereof.

15. WAIVER.

No waiver by Socialgist of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or a waiver of that or any other right, term or provision of these Terms of Use at any other time.