Website Terms of Use

KloboMedia.com and TheSocReports.com

Agreement Between User and https://www.thesocreports.com/ or https://klobomedia.com/

Welcome! These Terms of Use apply to https://klobomedia.wordpress.com/ and https://www.thesocreports.com/ (hereinafter referred to collectively as “Websites”). The Websites are comprised of various web pages operated by KloboMedia, Inc. d/b/a “TheSocReports” (“KloboMedia”). The Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Websites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Website located at https://klobomedia.com/ (“KloboMedia”) is a professional services Website where the following products and services are sold: KloboMedia provides a variety of services related to social media audience growth.

Privacy

Your use of the Websites is subject to KloboMedia’s Privacy Policy. Please review our Privacy Policy, which also governs the Websites and informs users of our data collection practices.

Electronic Communications

Visiting the Websites or sending emails to KloboMedia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Websites, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KloboMedia is not responsible for third party access to your account that results in theft or misappropriation of your account. KloboMedia and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

KloboMedia does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Websites with permission of a parent or guardian.

Opt-Out/Unsubscribe

To Opt-Out/Unsubscribe from any of our marketing emails please contact unsubscribe@klobomedia.com.

Links to Third Party Sites and Third Party Services The Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of KloboMedia and KloboMedia is not responsible for the content of any Linked Websites, including without limitation any link contained in a Linked Websites, or any changes or updates to a Linked Websites. KloboMedia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KloboMedia of the Websites or any association with its operators.

Certain services made available via the Websites are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.thesocreports.com/ or https://klobomedia.wordpress.com/ domains, you hereby acknowledge and consent that KloboMedia may share such information and data with any third party with whom KloboMedia has a contractual relationship to provide the requested product, service or functionality on behalf of the Websites’ users and customers.

No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites strictly in accordance with these Terms of Use. As a condition of your use of the Websites, you warrant to KloboMedia that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Websites, is the property of KloboMedia or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Websites. KloboMedia content is not for resale. Your use of the Websites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of KloboMedia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KloboMedia or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your KloboMedia account to third party accounts. By connecting your KloboMedia account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by KloboMedia from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KloboMedia Content accessed via https://www.thesocreports.com/ or https://klobomedia.wordpress.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless KloboMedia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Websites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KloboMedia reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KloboMedia in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KLOBOMEDIA, INC. D/B/A “THESOCREPORTS” AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES AT ANY TIME.

KLOBOMEDIA, INC. D/B/A “THESOCREPORTS” AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KLOBOMEDIA, INC. D/B/A “THESOCREPORTS” AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLOBOMEDIA, INC. D/B/A “THESOCREPORTS” AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KLOBOMEDIA, INC. D/B/A “THESOCREPORTS” OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

Termination/Access Restriction

KloboMedia reserves the right, in its sole discretion, to terminate your access to the Websites and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KloboMedia as a result of this agreement or use of the Websites. KloboMedia’s performance under this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KloboMedia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by KloboMedia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

DISPUTE RESOLUTION
MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Arbitration

You agree that any claims or disputes (“Claims”) that arise out of or relate in any way to the Websites, Services, Terms of Use, or our Privacy Policy will be resolved by final and binding arbitration instead of litigation in Court. In arbitration, there is no judge and no jury. Rather, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in courts is very limited.

CLASS ACTION WAIVER

You agree that any Claims that arise out of or relate in any way to the Websites, Services, Terms of Use, or our Privacy Policy will be resolved on an individual basis and that there will be no class, representative, or consolidated action or actions in arbitration. In addition, neither you nor KloboMedia may participate in a class or representative action in court as a class member if the claims asserted at arbitration are within the scope of these Terms of Use and asserted directly by you or us. You and KloboMedia waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth below will remain in full force and effect.

Arbitrator Authority

The arbitrator’s authority is governed by this arbitration agreement. You and KloboMedia agree that the arbitrator may award the same relief that a court of competent jurisdiction could, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with KloboMedia. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under applicable law.

Arbitration Procedures

You and KloboMedia agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at https://www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, KloboMedia will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees, unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover attorneys’ fees under the law. The arbitration will be held in a mutually agreeable and convenient location.

Governing Law

This Website is controlled by KloboMedia, Inc. from our offices located in the state of Illinois and it can be accessed by most countries around the world. As each country has laws that may differ from those of Illinois, by accessing the Websites, you agree that the statutes and laws of Illinois, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.

Survival

This arbitration agreement survives the termination of this Agreement between you and KloboMedia.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and KloboMedia with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KloboMedia with respect to the Websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

KloboMedia reserves the right, in its sole discretion, to change the Terms under which https://www.thesocreports.com/ or https://klobomedia.wordpress.com/ are offered. The most current version of the Terms will supersede all previous versions. KloboMedia encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

KloboMedia welcomes your questions or comments regarding the Terms:

KloboMedia Inc.
Attn: David Klobucar
222 W. Merchandise Mart Plaza
Suite 1212
Chicago, IL 60654
Email Address: david@klobomedia.com
Telephone number: (312)218-1958
Effective as of August 3, 2017