Notes and Other Disclosures
Cancellation: You may cancel service at any time via your Convolio site control panel, for any reason. When you cancel, your account will terminate after the paid-through date on your account. There are no refunds when you cancel. Social Strata may cancel your account if you have failed to make required payment for service (or for any other reason).
Your site and all of its contents will be completely deleted by Social Strata anytime 90 days after the cancellation effective date.
You may request an export of all of your content prior to the cancellation date, but a professional services fee will be required in order to fulfill the request. Note that member data from your Site is downloadable any time via your Site control panel (at no charge), however member passwords are encrypted and not accessible.
Transfer of Ownership: You may transfer ownership of your community, upon approval by Social Strata, as long as the account is in good standing.
Requests to Amend Plan: You may amend your plan options at any time via your site control panel.
Limitation of Liability: IN NO EVENT SHALL SOCIAL STRATA BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICE (OR YOUR INABILITY TO USE THE SERVICE), EVEN
IF SOCIAL STRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOCIAL STRATA'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY CUSTOMER TO SOCIAL STRATA UNDER THIS AGREEMENT DURING THE TWO (2)
MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE.
Indemnity: You agree to indemnify and hold Social Strata and its subsidiaries,
affiliates, officers, agents, employees, partners, and licensors harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of your or your users' content, use of the service, violation of the Terms of Service
or the AUP, or violation of any rights of another person or entity.
Service
Provided As-Is: You understand that the service is provided "as-is" and on an "as
available" basis, and that no performance guarantees are available. You agree that Social
Strata is not liable for any damages that may occur through your or your users' use of the
service because of service unavailability or feature loss, or because of data loss that
may occur. In addition, although best efforts will be made to maintain a secure data
environment, Social Strata is not liable for damage caused due to security breaches by
outside parties.
Our Right To Terminate: We may suspend, terminate, and/or delete your account if
you violate this TOS, at the request of legal authorities, or
for other reasons at our discretion. If we terminate your account prior to its
paid-through date, we will provide a pro rata refund.
Venue: This TOS is governed by the laws of the State of South Carolina. You and Social Strata agree to submit
to the personal and exclusive jurisdiction of the courts located within Charleston County,
South Carolina.
This TOS is available for review online at
https://assets.socialstrata.com/docs/convolio_tos.php and may be modified by Social Strata at any time.
We'll notify you if there are substantive changes, however.