Last Updated Date: June 10th , 2022
Welcome to Sorbix.
For purposes of these Terms, the “Site” shall mean www.sorbix.com and any other websites, web pages, mobile applications and mobile websites operated by Sorbix, LLC. (“Sorbix” or “we”), and the “Service” shall mean any of the various services that Sorbix provides through the Site or any other channels, including without limitation, over the telephone (Collectively, the Site, mobile app and all related tools and services are referred to as the “Services”).
Your Acceptance of the Terms
PLEASE CAREFULLY REVIEW SECTION 21 “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SET FORTH BELOW AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS INCLUDED HEREIN AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Changes to Terms
- Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.
- You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.
- You are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all charges related thereto.
- We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purpose.
- You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
- Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
You may use the Services only if you can form a binding contract with Sorbix. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Any use of the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Services are administered in the United States and intended for U.S. persons only.
We reserve the right to suspend or terminate any account and your use of the Services in our sole discretion.
Rules for Using the Services
You must comply with all applicable laws and contractual obligations when you use the Services. In using the Services, you also agree to abide by the rules outlined below.
- You may use the Services for any number of severs, databases and the scope that you have that you have subscribed for under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines.
- The speed of your account is determined by how many subscriptions you have. A subscription is a measurement of output and represents what we can accomplish in a business day, with our team, our software, and our support platform. What we can support with a single subscription depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; (iii) and the complexity of requests. We do not guarantee the amount of work that we can support with a single subscription. To increase the volume of work we can complete within a business day, we suggest you add subscriptions to your account.
As a User of the Services, you expressly agree not to:
- Create an account in another person’s or entity’s name, create more than one account, use another’s account or impersonate another person or entity;
- Use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
- Restrict or inhibit other Users from using and enjoying the Services;
- “Harvest,” “scrape,” “stream catch” or collect information from the Services using an automated software tool (including but not limited to use of robots, spiders, or similar means), or manually on a mass basis (unless we have given you separate written permission to do so); This includes, for example, information about other Users of the Services and information about the offerings, products, services and promotions available on or through the Services;
- Circumvent or reverse engineer the Services or our systems or to gain unauthorized access to any areas of the Services, or any other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for access by you, by hacking, password “mining,” or any other illegitimate means;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services, including by “flooding” the Services with requests;
- Use the Services to gain competitive intelligence about us, the Services, or any product offered via the Services or to otherwise complete with us or our affiliates, or use information on the Services to create or sell a similar product or information;
- Manipulate or forge identifiers to disguise the origin of any information posted on the Services or otherwise provided to us or our employees;
- Use the Services to promote spamming, chain letters, or other unsolicited communications; or
- Engage in tactics, or direct or encourage others, to attempt to bypass the Services or our systems to avoid complying with any of our applicable policies, including these Terms, paying applicable fees, or complying with other contractual obligations, if any.
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene, or unlawful topic, name, information, materials, or content.
- Use the Services or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule, or regulation, including without limitation wage and hour and working condition laws and regulations.
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity.
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network.
We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
- Use of our Services requires payment of recurring fees. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to terminate your account in the event of non-payment of amounts owed to us. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this Section.
- We reserve the right to change our fees upon 5 days’ advance notice. By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.
- You may cancel your subscription with us at any time directly in our application, or by contacting our support team. If you cancel your subscription before the next renewal cycle, you can continue using your account until the end of your paid billing term. When your subscription expires, you will no longer have access to our Services. We do not provide refunds or credits for partial months of service, downgrades, or unused time.
- Under our Customer Satisfaction Period, the purchase of a quarterly or annual subscription is eligible for a full refund, if requested within 14 days of the date of purchase. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until the end of your paid billing term. From time to time, we may refuse a refund request if, in our sole discretion, we find evidence of fraud, abuse, or unlawful or other manipulative behavior. The purchase of a monthly subscription is not eligible for a refund. In order to treat everyone equally, we will not make exceptions.
Third-Party Services and Content.
The Services may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, “Third-Party Services and Content”), which access is provided solely for convenience. You understand and agree that such Third-Party Services and Content are not provided by Sorbix, and Sorbix does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content. . All non- Sorbix trademarks, product names and logos appearing on our Services are property of their respective owners.
Coupons & Discounts
We may allow you to receive promotional coupons (“Coupons”), or other promotions or discounts (“Discounts”) that may be used to purchase goods and services from us or third parties (“Coupon Vendors”). Additional terms and conditions may be contained on each Coupon or Discount. Any violation of the terms and conditions will make the Coupon Discount void. We are not responsible for lost or stolen Coupons. Coupons or Discounts are not redeemable for cash. Only one Coupon or Discount per redemption. A Coupon or Discount is automatically void if prohibited by law. A Coupon or Discount may not be used for alcohol, tips, taxes, and any other statutory limitations. You acknowledge and agree that we may stop (permanently or temporarily) providing the Coupons or Discounts to you or to users generally at our sole discretion, without prior notice to you.
License and Termination
Your access to and use of the Services, including without limitation any images, text, data or other information (collectively referred to as “Content”) available through the Services, is licensed to you, not sold. Sorbix grants you a non-exclusive, non-transferable, personal, revocable license to access and use the Services subject to the terms, conditions and disclaimers set forth in this Agreement, and to all applicable state and federal laws and regulations. Failure to abide by any such disclaimers, terms or conditions will result in the immediate termination of your access to the Services In addition, Sorbix reserves the right, in its sole discretion, to terminate your access to all or any portion of the Services for any reason and to take any other actions that Sorbix, in its sole discretion, believes to be in the interest of the company and of its members as a whole. There are no implied licenses under this Agreement. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in any such Content.
Accounts, Passwords and Security
To access certain features or areas of the Services, you may be required to register and create an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you). In addition, certain features of the Services may only be available to our registered Users. To access those areas of the Services you will be required to log in using your username and password. You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Sorbix, Sorbix.com, the Sorbix logo, and all other content, code, text and images contained on this website are protected by United States trademark and copyright law and other applicable law and are the property of Sorbix, except as otherwise identified. All rights are reserved. All copyrights and trademarks not the property of Sorbix that are used or referred to in this website are the property of their respective owners. Nothing contained in this site shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of Sorbix or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site may violate the law. Materials on the site may not be modified, reproduced, or displayed for any commercial or public purpose without specific written permission from Sorbix. In particular, and not by way of limitation, Sorbix does not permit framing of the website or of any content on the website.
Modification of Services.
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Service), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to pandemic or wide spread out break of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
We want all Users to feel welcome and included on our Services. Accordingly, we prohibit discrimination against Users, guests, or Our Representatives (as defined below) based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on the Services. We will, at our discretion, take steps to enforce this policy, up to and including suspending from our Services those Vendors and Members who violate this policy. If you experience discrimination with any Member or Vendor, please contact support at [email protected], with the subject “Nondiscrimination Policy,” so we can investigate and take appropriate measures.
We reserve the right to suspend any User’s access to the Services and cancel the contract of any Vendor to violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory or offensive comments on our properties and elsewhere or by taking actions that would tend to reflect poorly on us.
U.S. Export Controls.
No part of the Services may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
No Joint Venture.
Suspension or Termination of Access and Remedies
We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member
In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. In the event we suspend or terminate your account or the Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account or for anything else, unless applicable terms provide otherwise.
Remedies for use of our Services that violate the Terms include, but are not limited to, the immediate termination of your membership, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.
You agree that Sorbix shall not be liable to you for the cancellation of your account or termination of your access to the Services or for any effects of such termination. You may cancel your account at any time by sending an email to [email protected],. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any Content you have submitted through the Site.
Limitation of Liability
IN NO EVENT SHALL SORBIX OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR INABILITY TO USE THE SERVICES, FOR USE OF COUPONS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SERVICES, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF THE LIMITED PARTIES (AS DEFINED ABOVE), TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right, but do not have any obligation, to monitor disputes between you and other Users. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Services by Users are not provided by us and are specifically and solely between the Users. We have no liability for your interactions with other Users, or for any User’s action or inaction.
You agree to release the Limited Parties from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties.
If you are a California resident, you waive California Civil Code §1542, which states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” For avoidance of doubt, any disputes directly with us shall be handled in accordance with these Terms.
FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF THE COMPANY.
The Services are provided on an “as is” basis and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Sorbix, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “Sorbix Parties”) disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with Sorbix, or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
We are not responsible for the accuracy, reliability, timeliness, or completeness of Sorbix content, or any other data or information provided or received through the services. Sorbix shall not be liable for delays or interruptions of any communication, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the control of Sorbix. Sorbix does not warrant that the services will operate error-free, or that the services are free of computer viruses, contaminants, or other harmful items. Except as expressly set forth herein, Sorbix makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information.
No advice or information, whether oral or written, obtained from Sorbix or through the Services will create any warranty not expressly made herein.
You agree to indemnify, defend and hold harmless the Sorbix Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (1) your transactions with Users, Members, Vendors or other third parties, or (2) any violation by you of any of the Terms or applicable laws. Sorbix reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sorbix in asserting any available defenses.
YOU AGREE TO INDEMNIFY SORBIX, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES IN CONNECTION WITH THE SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A VENDOR, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
DISPUTES; MANDATORY ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We believe we will be able to resolve most disputes or issues you may have using our Site and Services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.
Initial Dispute Resolution. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. Most disputes can be resolved without resorting to arbitration. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Sorbix, Attn: Legal Department, 220 Main St, Ashland, MA 01721. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. You and we agree to engage in good faith discussions before initiating an arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Notwithstanding anything to the contrary, you and Sorbix may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth below.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Middlesex County, Massachusetts, or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Middlesex County, Massachusetts for the purpose of entering judgments on arbitral awards.
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Your access and continued use of the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Middlesex County, Massachusetts. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Massachusetts state law, without regard to conflict of law provisions.
Attorneys’ Fees. If any of the Sorbix Parties take legal action against you as a result of your violation of these Terms, the Sorbix Parties 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 the Sorbix Parties.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at Sorbix, Attn: Legal Department, 220 Main St, Ashland, MA 01721 or [email protected]. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) the Effective Date of these Terms; or (ii) your first date that you used the Services that contained any versions of the Terms that included this version of the Mandatory Arbitration and Class Action Waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver.” If you opt out of these arbitration provisions, we also will not be bound by them.
Limitation on Time to File Claims. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Site and the Services within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
Claims of Copyright Infringement — DMCA Notice
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Completed notices should be sent by email to: [email protected] or by mail at: Sorbix, Attn: Legal Department, 220 Main St, Ashland, MA 01721.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
Completed Counter-Notices should be sent by email to: [email protected] or by mail to: Sorbix, Attn: Legal Department, 220 Main St, Ashland, MA 01721.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. If you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
We control and operate the Services from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Consent to Electronic Communication
By using the Site or Services of Sorbix.com, you agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “CONTINUE”, “REGISTER”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
Consent for Communications
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Vendor or a Member through the Services (including when we connect calls between Vendors and Members), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. Calls between Vendors and Members that originate with a partner service may also be monitored and recorded. By providing your telephone number to us, you consent to this monitoring and recording.
Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages even if your number(s) is registered on any state or federal Do Not Call list. Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.
You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to Sorbix or that we obtain through other lawful means.
The Services may implement a location feature whereby they will automatically collect your geolocation information if you provide your consent. In such event, the Apps will use and share such location to enable Users to determine which Users nearby. Sorbix may also use location information to provide information and advertising to Users. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS IN THE APPS AND/OR ON YOUR DEVICE AND/OR BY UNINSTALLING THE APPS.
You also consent to Sorbix communicating with you about the Services or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an email to [email protected]. You may also contact us by writing to Sorbix, Attn: Legal Department, 220 Main St, Ashland, MA 01721 or by telephone at 508-458-0001. Please be sure to identify the specific website, software, or service about which you have a question or complaint and how we can contact you.
Waiver, severability, and assignment
Sorbix’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. The remainder of the Terms will continue to apply. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Sorbix may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
If you have any questions or comments regarding these Terms, please contact us by email at [email protected] or in writing at Sorbix, 220 Main St, Ashland, MA 01721.