By using the nTuitive.social web site (“Service”), all services of nGage Social Corporation DBA nTuitive.social (“nTuitive.social”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
nTuitive.social reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.nTuitive.social/terms.
You may cancel your subscription to our Services at any time by clicking on the My Account link at the top right corner of the screen. You are solely responsible for properly canceling your account through this link. Email or phone requests to cancel your account will not be considered effective for cancellation. If you cancel your account before the end of your current paid up month, Your cancellation will take effect immediately and you will not be charged again. Instructions on how to close the account can be found here
Violation of any of the terms below will result in the termination of your Account. While nTuitive.social prohibits such conduct and Content on the Service, you understand and agree that nTuitive.social cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
nTuitive.social offers a free 30 day trial, from the date of registration, on all new accounts. After the trial, you will be charged on a monthly interval.
nTuitive.social believes in treating each and every customer fairly. With that in mind, we unfortunately cannot issue a refund on any previous billing periods. If you cancel your paid account within 30 days, then your account will not be charged. Once you cancel the account, you will not be charged again. If you cancel after the 30 days you are responsible for any charges that have already occurred for the current billing period. Instructions on how to close the account can be found here
You may terminate your account with nTuitive.social at any time; however, you are not entitled to any refunds. We may terminate your account without notice or refund to you if you violate this Agreement or our EULA. If your account is terminated, nTuitive.social reserves the right to remove your account information along with any software settings from our servers with NO liability or notice to you.
TO THE EXTENT ALLOWED BY LAW, COMPANY DOES NOT MAKE ANY WARRANTY REGARDING SERVICE, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH SERVICE, INCLUDING INTEGRATION WITH SOCIAL MEDIA PLATFORMS. SERVICE IS LICENSED TO USER “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND BOTH COMPANY AND SERVICE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, SUPPORT, DOCUMENTATION, INFORMATION, PRODUCTS, OR SERVICES WHICH ARE PART OF SERVICE; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY THAT SERVICE WILL ALWAYS BE AVAILABLE, ERROR-FREE, ACCESSIBLE, TIMELY, OR SECURE. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR USER CONTENT OR THE BEHAVIOR OF SOCIAL MEDIA PLATFORMS. IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY SERVICE, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, THE DOCUMENTATION, OR ANY ERRORS OR OMISSIONS IN SERVICE OR THE INTEGRATION WITH SOCIAL MEDIA PLATFORMS, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, HACKING, TAMPERING, UNAUTHORIZED USE, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF SERVICE OR SOCIAL MEDIA PLATFORMS, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE SERVICE OR SOCIAL MEDIA PLATFORMS, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO COMPANY BY OR ON BEHALF OF USER IN CONNECTION WITH SERVICE IN THE THREE (3) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH SERVICE, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION. USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT USER’S SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW FOR SOME OF THE LIMITATIONS OR EXCLUSIONS AS SET FORTH HEREIN. USER MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
It is expressly agreed by User and Company that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco, California, according to the rules of the American Arbitration Association. It is further agreed that a judgment upon any award rendered by an arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.