Terms of Use

Overview

Welcome to the TribeSpring service, provided by TribeSpring, Inc. TribeSpring is designed to help its users build stronger and more responsive professional networks. Users can use the TribeSpring platform to better manage and take advantage of face-to-face networking opportunities and streamline, automate, and simplify their networking tasks. We’ve put together here some detailed terms and conditions. You should read and understand them, as they govern your use of our service.

These Terms of Use, with our Privacy Policy, are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you, how you can interact with other members, and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. We may also modify these Terms of Use from time to time as we deem appropriate, so you should check back in frequently to confirm the terms upon which you may use our service.

The terms “TribeSpring”, “we”, “us” “our” and similar terms refer to TribeSpring, Inc. The terms “you,” “your,” “user” and similar terms refer to you as a user and/or member of TribeSpring.

Acceptance of Terms of Use

These Terms of Use (or “Terms”), which include our Privacy Policy and Member Guidelines, are a binding legal agreement and govern your use of the TribeSpring service, including all features and functionalities, applications, updates, notifications, premium services, platform, and our user interfaces, and all content and software associated therewith (the “Service”). By clicking the “Join Now” button during the registration or by downloading, using, visiting, or browsing the Service or the TribeSpring mobile app (the “Application”), you accept and agree to be bound by these Terms of Use as amended from time to time. If you do not agree to these Terms of Use, you are not authorized to download or use, and you should not use, the Service.

We reserve the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and Member Guidelines, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the TribeSpring website or as posted through the Service. The most current version of the Terms of Use will supersede all previous versions. Your use of the Service after we have posted any revision of these Terms of Use will be deemed your acceptance of the then current version of these Terms. If you do not agree to the changes in the Terms, you may terminate your use of the Service and this agreement as set forth below.

By registering for the Service and downloading and/or using the Application, you warrant that you are of legal age and competent to enter into a binding contract.

Use of the Service

Registration. In order to use the Service, you must register as a member and provide to us certain basic information such as your name, mobile number, and email. After registration, you will be prompted to complete your TribeSpring profile with additional information about yourself and your business, such as company name, job position or title, industry affiliation, and the like. You agree that all information you provide to us will be true and correct and that you will keep it up-to-date.

During the registration process, you will choose a password for your use of the Service. You will be responsible for securing your password and for all use of the Service using your password. You agree that you will not disclose, trade or transfer, with or without payment, your password. You will be solely liable for any use of the Service under your account and password. You agree to notify us promptly of any unauthorized use or disclosure of your password.

You agree that we will have the right, but not obligation, to verify your identity and any information you submit on the Service during the registration process or at any time thereafter during the term. We reserve the right to suspend or terminate your account and use of the Service if we believe any information is inaccurate or incorrect.

During the registration process you may allow us to access and obtain information about yourself through one of your social networks, such as LinkedIn, Facebook or Twitter. If you permit us access to such social networks, you expressly authorize us to access and extract your personal, profile and other data through such network, including your contacts. You represent that you have the rights and permissions necessary to allow us to import such data and use all such information for the Service. By registering, you grant us permission to access and use your location information (as described on the Service and in our Privacy Policy) and other data on your device or social networks to which you link through the Service, such as your contacts.

User Obligations. Your use of the Service shall be solely for your own personal use to grow and manage your professional  network. You will comply with all applicable laws in connection with your use of the Services. You agree that you will follow our Member Guidelines.

Privacy

Any personally identifying information submitted through the TribeSpring Service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. We may use your personal information as described in the Privacy Policy. Additionally, we may send you notifications about new Service features, special offers, promotional announcements and customer surveys via email, notifications within the Service, text message, or other methods. By using the Service, you consent to receiving electronic communications from us regarding the Service. These communications may include notices about your account (e.g., change in password or activity, confirmation e-mails, and other transactional information), introductions or confirmations of introduction and information concerning or related to our Service. You acknowledge these communications are a necessary part of the Service and you agree to receive them as part of the TribeSpring membership.

Pricing

Basic/Premium Account Pricing. There is currently no charge to register and use the basic TribeSpring Service. However, we reserve the right to establish membership fees at any time. In the event that we establish such fees, you may be required to pay such fees in order to continue to use the Service.

We also offer premium services or functionality for which we will charge separate fees as specified on our website or the Service. If you wish to upgrade your account or purchase such functionality, you will be required to pay the applicable fee.

Payment. If you purchase our premium service or any functionality for which there is a fee, you must have Internet access and a current valid credit card or debit card, or other accepted payment method (“Payment Method”) to purchase and use the service. You agree that all information you provide with respect to such Payment Method will be accurate and complete and that you will keep all such information current. You agree to pay all charges incurred by you, including periodic or usage fees for subscription accounts as they become due, at the price in effect under your current pricing plan. You further authorize us to debit your Payment Method for all such charges as incurred. We reserve the right to modify, terminate or otherwise amend our accepted Payment Methods or pricing plans. You remain responsible for any uncollected amounts. In the event that any amounts are unpaid by you, including as a result of your Payment Method to reject payment, we reserve the right to cancel or suspend further use of the Service by you. You agree to be responsible for and reimburse us for any legal or other fees we may incur in collecting overdue amounts from you.

Usage Charges. You are solely responsible for any Internet and wireless access required to use the Services, and for the cost of all carrier and data access charges imposed by your wireless and/or internet provider.

Intellectual Property

Ownership. The TribeSpring Service, including all content, graphics, audio, video, pictures, trademarks, service marks, logos, and other material on the Service, and its underlying software (the “App”), algorithms, databases, look and feel, and arrangement, are the intellectual property of TribeSpring, subject to copyright and other intellectual property protections. The TRIBESPRING mark and logo (Kokopelli figure) are the trademarks of TribeSpring. All rights in and to our website, the Service and the App not expressly granted herein are reserved by TribeSpring.

License. By downloading the App, we grant you and you accept a non-exclusive, non-transferable, revocable license to use the App solely for your personal use of the Service to grow and manage your own professional network and in accordance with these Terms of Use.

Restrictions. You may not use any information provided on or through the Service for any commercial purpose (other than building your own professional network) including selling, buying, distributing, or licensing any information or contacts you may obtain through use of the Service. You may not use any page-scraper, spider, robot, or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Service. You may not copy, republish, mirror, transmit, perform, sell, or distribute any part of the Service for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify, or create derivative works of the App or Service and shall not access or attempt to access, reverse engineer, decompile, or otherwise discover the source code of the App or any of the software underlying the Service.

Your Data. You may provide certain personal and other information, including images, video, text, and other material and content to us through the Service (“User Content”). You may not post, transmit, share, upload or publish any User Content that you did not create or have permission to post. You will retain ownership rights in your User Content. However, by providing such User Content to us, you automatically grant to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable license to use, copy, store, display, and distribute the User Content and to prepare derivative works of or incorporate into other works such User Content as necessary or appropriate for the provision and improvement of the Service and TribeSpring’s related business purposes. Please see our Member Guidelines for descriptions of the type of content that is not acceptable for the Service.

Maintenance of the Service

We reserve the right to issue corrections or modifications or upgraded versions of the Service and App at any time in our discretion. We may automatically upgrade the version on your mobile device. You consent to such automatic upgrades.

Termination

We may at any time cease to continue operating part or all or selectively disable certain aspects of the Service or App. We have no obligation to provide upgrades, updates, support, or maintenance for the Service or App; provided, however, that we reserve the right to make such upgrades and the Service may be unavailable from time to time for support and maintenance purposes. We may also establish additional rules, limits, or policies regarding the Service or the App and you agree that your compliance with such rules, limits, or policies shall be a condition of your continued use of the service. For example, we may establish limits on the number of contacts that you may maintain on the Service. We may terminate your use of the App or Service for any reason in our sole discretion and with or without prior notice to you.

You may delete your App at any time. In such event, you will not be entitled to receive any refund of any amounts paid for premium or other services or functions.. To delete the app, visit our website and follow the instructions for deleting an application.

TribeSpring is not intended to act as a storage repository for all of your business and contact information. You should make your own back-up and archival copies of the information and contacts developed or obtained through use of the Service. TribeSpring will not be liable to you for any loss of any User Content.

WARRANTY DISCLAIMER

THE SERVICE AND APP IS PROVIDED ON AN “AS IS” “WHERE IS” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, APP, ITS CONTENT, OR ANY INTRODUCTION MADE OR RECEIVED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS. TRIBESPRING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY, OR COMPLETENESS OF THE SERVICE, THE APP, OR ITS CONTENT, OR OTHERWISE. YOU AGREE THAT YOU ARE NOT RELYING ON, NOR HAVE WE MADE, ANY ORAL REPRESENTATIONS OR WARRANTIES. ALL USE OF THE SERVICE IS AT YOUR OWN RISK.

You expressly acknowledge and agree that TribeSpring is providing only a service to assist you in building, managing and using your professional contacts and network. We do not monitor or assess any introductions or referrals which you make or which may be made to you through the Service. We have no obligation to verify any person using the Service or the information provided by any user. We have no obligation to monitor use of the Service by any user. The presence on the Service of, or use of the Service by, any person or entity does not, and shall not be deemed to, constitute a sponsorship, endorsement, or guarantee of such person or entity. You are solely responsible for your use of the Service and for any introductions you may make or accept through the Service.

We expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any user arising from any communications, introductions, business relationship, or transactions between you or any user. In the event you have a dispute with a user regarding any introductions, communications, relationship, or transaction, including any services provided or products purchased as a result of any introduction, you hereby release TribeSpring from any and all liability, claims, demand, and damages associated with such user or such transaction.

LIMITATION ON LIABILITY

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH YOUR PURCHASE AND/OR USE OF THE SERVICE OR APP EXCEED THE LESSER OF (I) $100 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR THE APPLICABLE SERVICE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS, OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known, or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.

Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.

Indemnification

You hereby agree to indemnify, defend, and hold TribeSpring and its affiliates and each of their owners, directors, officers, employees, independent contractors, subcontractors, agents, and representatives (“Indemnified Parties”) harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, costs, and expenses arising from or related to (i) your breach of these Terms of Use and/or (ii) your use of the Service, including any introductions you may make or receive. You agree that we shall be entitled to our reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms of Use against you.

Third Party Websites

From time to time, we may provide information regarding or links to other websites, resources, or products (“Third Party Sites and Products”). Such information or link is provided only for your convenience. TribeSpring does not qualify, endorse, investigate, or approve any Third Party Sites and Products and is not responsible for the availability, security, safety, or quality of such Third Party Sites or Products. You are solely responsible for ensuring that any such Third Party Sites and Products meet your needs. In no event will we be responsible or liable for any information, services, or products provided by such Third Party Sites or for their failure to provide any such information, services, or products to you. We have no control over, and assume no responsibility for, the content, privacy policies, products, services, or practices of any third party websites. You should review such site’s privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, we will not and cannot censor or edit the content of any third-party site.

Miscellaneous Provisions

Suggestions and Feedback. You understand and and agree that any ideas or suggestions for improvements to the service, including without limitation, enhancements, new functionality, or concepts, shall be owned by TribeSpring. We shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.

Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.

Governing Law. To the extent permitted by law, these Terms, your use of the Service, and App are governed by North Carolina law, without giving effect to its conflict of law provisions.

Entire Agreement. These Terms together with the Privacy Policy and any other legal notices or policies published by us through the Service, constitute the entire agreement between you and TribeSpring concerning your use of the service. No TribeSpring employee or agent has the authority to vary any of these Terms of Use or the TribeSpring policies. TribeSpring’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by TribeSpring of any provision or any right it has to enforce these policies, nor shall any course of conduct between TribeSpring and you or any other party be deemed to modify any provision of these policies. Any modification of these Terms must be in a writing executed by a duly authorized officer of TribeSpring. If any provisions of these Terms or our policies are held to be void or unenforceable by an arbitrator, court, or other tribunal of competent jurisdiction, such provision or policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the provision. Any invalidity of such provision shall not affect the validity of the remaining provisions of these Terms or the policies and such other provisions shall remain in full force and effect.

Notices. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Arbitration Provisions

ANY CONTROVERSY OR DISPUTE BETWEEN TRIBESPRING AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF THE SERVICE OR APP THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.

ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.

YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.

THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT TRIBESPRING MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.

ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT TO THE LIMITATION OF LIABILITIES SET FORTH HEREIN.

You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of North Carolina.

How to Contact Us

If you have any questions regarding these Terms of Use, you may contact us at:

TribeSpring, Inc.

5265 Sunset Lake Road, #48

Holly Springs, NC 27540

ATTN: Terms of Use

These Terms were last modified on July 12, 2013.