TERMS & CONDITIONS

Privacy Policy

Last updated: August 8th, 2017

This Privacy Policy covers how ChatterBoss, LLC and the ChatterBoss mobile application treats Personally Identifiable Information (as defined below, "PII") and other information that ChatterBoss collects. For the purposes of this Privacy Policy, “PII” is information that identifies a specific individual or household, such as name, address, email address, and/or phone number. For the purposes of this Privacy Policy, PII does not include any data or information that does not identify anyone individually including, without limitation, data and or information that has been aggregated, de-identified and/or anonymized so that it does not identify a specific individual or household and does not allow a third party to easily identify a specific individual or household.

By using ChatterBoss and accepting the Terms of Service, you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT ACCEPT THE TERMS OF SERVICE AND YOU MAY NOT USE THE ChatterBoss MOBILE APPLICATION AND/OR ChatterBoss’s SERVICES.

Scope of Privacy Policy

This Privacy Policy applies to PII and other information collected by ChatterBoss through your use of ChatterBoss's services and does not apply to any other information collected by ChatterBoss through other means (as described below). When you navigate away from the ChatterBoss’s Site to websites controlled by third parties, you leave the ChatterBoss’s Site, at which point our Privacy Policy no longer applies. We do not provide a notice warning our users when they are leaving the ChatterBoss Site.

 

The Information We Collect

The ChatterBoss Service includes the collection, aggregation, analysis, and organization of online shopping requests and other information to provide users an integrated, actionable environment to manage and obtain maximum benefits from their purchasing activities. By registering for an account with ChatterBoss, you are authorizing us to gather, parse, and retain data and information from shopping requests you make, as necessary to deliver and support our services. As described below, ChatterBoss is able to offer its services to users through the development and marketing of aggregate and anonymous consumer data.

ChatterBoss collects PII when you register for a new account with ChatterBoss. In registering with ChatterBoss, you may also provide information necessary to use ChatterBoss, such as the login credentials for online merchants or other Internet accounts that you link to ChatterBoss. We may also collect PII from you in other ways, such as contacts with our customer-support team.

Phone or Email Sign-On.

We collect PII when you use your phone number and email to the ChatterBoss mobile application. For example, when you log in with your credentials, we may collect the PII you have made available, such as your name and profile picture.

Non-PII Collection and Use.

Whenever you visit chatterboss.com, ChatterBoss also receives and records information on our server logs from your browser, including your IP address, chatterboss.com cookie information, and the pages you request, and relates it to the PII you provide. ChatterBoss uses this information to provide our services, to improve our products and services, to contact you, to conduct research, and to develop and maintain anonymous or aggregated data and analytics.

In connection with our ChatterBoss mobile application, ChatterBoss may use tools or third party analytical software to automatically collect and use certain data that does not directly identify you, such as: (i) device properties, including, but not limited to unique device identifier or other device identifier ("UDID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as country or region; (v) other similar data as reasonably required by ChatterBoss to enhance the services and other ChatterBoss products and services. ChatterBoss does not share such data with third parties.

ChatterBoss may use and disclose to ChatterBoss's service providers the collected non-personal data for purposes of analyzing usage of the services, advertisement serving, managing and providing the Services, and to further develop the services and other ChatterBoss services and products. Occasionally we work with other companies for the purposes of data processing or market research product development purposes.

You recognize and agree that the service providers utilized by ChatterBoss may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

How We Use your Personal Information

Our use of PII

We use PII for internal and service-related purposes only and we may disclose PII to the vendors and suppliers who provide various services to us. ChatterBoss does not rent, sell, or share PII with other people or nonaffiliated companies for marketing purposes. We may allow access to other ChatterBoss data, under non-disclosure agreements, to develop improvements to our services.

Third Party site support and usage.

If you authorize us to place new orders or cancel orders on your behalf using ChatterBoss’s technologies, the data in your email, including PII, will be subject to that third party website's terms of service and privacy policies, even if you have also directly signed up for a ChatterBoss account.

Anonymous use and sharing.

We may share with third parties anonymized information about ChatterBoss users' transactions. Such consumer behavior and information may be of value to third parties in the performance of marketing services, including evaluating market trends and/or under a joint marketing agreement to provide services that will be of particular interest and relevance to you. Again, such information will not include PII. When you deactivate your ChatterBoss account, your PII is permanently disassociated with your purchase data. The anonymized purchase data itself may continue to be incorporated in our databases and prepared analyses. This Site does not receive or respond to the DNT Header.

Legal sharing for protection of us, you, and others.

We may disclose PII to third parties who are: assisting us in protecting against or preventing actual or potential fraud, unauthorized transactions, claims or other liabilities, or to investigate potential fraudulent or questionable activities. We may disclose PII in response to legal process, for example, in response to a court order or a subpoena. We may disclose PII in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities or suspected fraud, violations of our Terms of Service, or as we believe may be otherwise required by law.Merger or sale. If all or substantially all of ChatterBoss or its assets are sold or transferred, PII and other information we have collected may be treated as an asset and transferred to the acquiring party.

We reserve the right to send you certain communications relating to ChatterBoss, such as service announcements and administrative messages that are considered part of your ChatterBoss account.

Cookies and Related Technologies.

Chatterboss.com uses "cookies". Cookies are small text files that we place in visitors' computer browsers to store their preferences. Most browsers allow you to manage cookies including blocking and deleting them. If you block or delete our cookies, chatterboss.com may not work as well or at all for you.

How We Secure Your Personal Information

ChatterBoss takes commercially reasonable efforts to limit access to your PII. We have put in place strong physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and use correctly the PII we collect from you.

No data transmissions through the Internet or mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot eliminate fully all security risks associated with PII and technical mistakes are possible. We do not ensure or warrant the security of your PII or any data or information you transmit to us and you do so at your own risk. If ChatterBoss learns of a security systems breach involving PII, then we may attempt to notify you electronically. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues. We may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view and access chatterboss.com. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at: admin@chatterboss.com.

International Visitors

ChatterBoss’s services are hosted in and intended for use in the United States by U.S. residents. We may transfer your PII within ChatterBoss including to any of our worldwide affiliates acting on our behalf and in accordance with this Privacy Policy.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States to ChatterBoss. By providing your PII you consent to any transfer and processing in accordance with this Privacy Policy.

How to Contact Us

If you have questions or suggestions, please email ChatterBoss at admin@chatterboss.com.

How to Review or Correct your Personal Information

Upon request, we will provide an individual with access to PII that we have collected about them (provided that they have given proof of identity). This information can be requested by sending us an email through the email link provided above or writing to us at the above address. This information can be corrected by sending us an email through the email link provided above or writing to us at the above address.

How We May Update Our Privacy Policy

From time to time, we may use PII for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change, we will immediately post any adjustments to our Privacy Policy on ChatterBoss’s platforms. Unless we notify you otherwise, the revised Privacy Policy will be effective at the time we post it. Your continued use of the ChatterBoss and/or Service after a revised or updated version of the Privacy Policy has been posted constitutes your acceptance of that new Privacy Policy.

 

Terms of Service

Last updated: August 8th, 2017

These Terms of Service ("TOS") describe the terms and conditions for your access to and use of our web site located at chatterboss.com (the “ChatterBoss Site”) and ChatterBoss's proprietary services made available through the ChatterBoss Site and the "ChatterBoss" mobile app (the “ChatterBoss Services” or “Services”). The ChatterBoss Site, "ChatterBoss" mobile app, and the ChatterBoss Services are referred to collectively as “ChatterBoss.” By using ChatterBoss, you agree to be bound by these TOS, which may be updated by us from time to time. Guidelines, policies and/or rules posted within chatterboss.com are also part of the TOS. Travel bookings may also be subject to the EAN Affiliate Program Agreement (http://developer.ean.com/terms/en).

You may not use ChatterBoss and you may not accept the TOS if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. In addition, ChatterBoss is not intended for use by children and children under the age of 13 are expressly prohibited from providing any personally identifiable information via ChatterBoss. By clicking on the 'submit' button in the Registration process you are agreeing to the TOS and accepting our Privacy Policy. If you have any questions regarding these terms and conditions, please contact us at admin@chatterboss.com.

ChatterBoss’s Services to You

When you agree to use ChatterBoss, you agree to allow us to collect and analyze your online shopping requests in order to make purchases on your behalf, consistent with our Privacy Policy.

We may send you email messages as part of providing our Services. These messages may relate to, but are not limited to, account summaries, newsletters, new services and features as they become available, general notifications, and offers. In accordance with our Privacy Policy, we also communicate with you when necessary regarding security, privacy and administrative issues. Messages will be sent to the email address you have provided as your primary email address for your account. You can choose to have messages sent to a mobile device that accepts text messages. If your email address changes, you are responsible for informing us of that change.

 

Collection and Storage of Information

Through your use of ChatterBoss, you consent to the collection and storage (as set forth in the Privacy Policy) of the information you provide, including the transfer of this information within the United States and/or other countries for processing and use by ChatterBoss as described in our Privacy Policy. In order to register to use ChatterBoss, you are required to provide certain information about yourself. You agree to: (a) provide true, accurate, current, and complete information as requested, and (b) keep your information accurate, current, and complete. If ChatterBoss has reasonable grounds to believe that your information is untrue, ChatterBoss may suspend or terminate your account. We reserve the right to reclaim usernames that are no longer active.

 

Account, Verification Code, and Security

You are responsible for maintaining the confidentiality of your account and verification code and are fully responsible for all activities that occur under your account and verification code. You agree to not hold ChatterBoss liable for any loss or damage arising from or relating to your failure to properly safeguard your account or verification code. You agree to immediately notify ChatterBoss in the event you learn of or suspect any unauthorized use of or access to your verification code or account.

Paid Services

A. Billing Policies. Certain aspects of the Services may be provided for a fee or other charge. ChatterBoss may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

B. No Refunds. You may cancel your ChatterBoss account or any requests at any time; however, you are not entitled to any refund for cancellation. ChatterBoss provides refunds for purchases only in ChatterBoss’s sole discretion. In the event that ChatterBoss suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any ChatterBoss Property, any content or data associated with your account, or for anything else, except if, in ChatterBoss’s sole discretion, ChatterBoss provides you a refund or exchange.

C. Payment Information. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

D. All charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). ChatterBoss does not store or have access to your personal credit card information. Any credit card authorization charges made in the amount of $0 or $1 will be immediately reversed. Authorizations are made to verify the validity of your credit card with your issuing bank. They are not actual charges being applied.

Twilio Short Code Service

When you opt-in to the service, we will send you an SMS message to confirm your signup. You can cancel the SMS service at any time. Just text "STOP" to 33824. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text "HELP" to 33824. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

We are able to deliver messages to the following mobile phone carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to admin@chatterboss.com.

If you have any questions regarding privacy, please read our privacy policy.

Your Use of ChatterBoss

ChatterBoss is provided for informational purposes only. You understand that all information, data, text, messages, etc., that appear in your account whether gathered by ChatterBoss from receipts, coupon offers, or posted by you (collectively, the “Content”), are the sole responsibility of the person or entity from whom such Content originated. ChatterBoss DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY CONTENT. UNDER NO CIRCUMSTANCES WILL ChatterBoss BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF chatterboss.com OR THE ChatterBoss MOBILE APPLICATION.

You agree to not use the Service to: (a) access data that you are not authorized to access or that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan, or test the vulnerability of ChatterBoss’s system; (d) breach security or authentication measures; (e) send promotions and/or advertising products and/or services; (f) attempt to interfere with or disrupt the service or servers or networks connected to ChatterBoss; (g) upload, post, email, transmit, or otherwise make available any Content that (i) is unlawful, harmful, tortious, defamatory, libelous, invasive of another's privacy, or otherwise is objectionable, (ii) you do not solely have the right to make available, or (iii) infringes any intellectual property, proprietary and/or privacy rights of any party; and/or (h) violate or attempt to violate any applicable local, state, national or international law, or regulation.

ChatterBoss and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, prevent, or restrict access to Content without further notice. ChatterBoss and its designees shall have the right to remove or prevent access to any or all Content that violates (or is alleged to violate) the TOS or is otherwise objectionable.

ChatterBoss may access, preserve, and disclose your account information and Content if required to do so by law or if such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ChatterBoss, its users, and the public.

ChatterBoss’s Proprietary Rights

ChatterBoss contains and uses intellectual property that is proprietary and contains trade secrets that are protected by applicable laws. You acknowledge and agree that Content contained or information presented to you through ChatterBoss is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights.

Any use of ChatterBoss that is not expressly authorized by these TOS and any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on ChatterBoss, in whole or in part, is strictly prohibited.

Authorization to Act as Your Representative

When you authorize ChatterBoss to place new orders on your behalf, you appoint ChatterBoss as your legal representative to place an ecommerce order and enter your billing and shipping information on your behalf.

When you authorize ChatterBoss to cancel ecommerce orders on your behalf, you appoint ChatterBoss as your legal representative to communicate with retailers about the status of your orders and cancel your orders on your behalf.

You authorize ChatterBoss to access information maintained by identified third parties (e.g., online merchants) on your behalf as your agent and represent that you have the right to grant such authorization. Solely to provide you the ChatterBoss Services (for example, placing a new order on your behalf), you grant ChatterBoss a limited power of attorney, and appoint ChatterBoss as your attorney-in-fact and agent, to access third-party websites (such as Amazon, for example) on your behalf, retrieve, and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do on your own behalf. You acknowledge and agree that when ChatterBoss is accessing and retrieving information from third-party websites, ChatterBoss is acting as your agent, and not as the agent of or on behalf of the third party.

DMCA Notification

If you believe that any Content or other material provided through the Service, including through a link, infringes your copyright, you should notify ChatterBoss via email to ChatterBoss’s Designated Copyright Agent at admin@chatterboss.com (subject line: "DMCA Notification"). To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable ChatterBoss to identify and locate the material; (d) how ChatterBoss can contact you (your address, telephone number, and email address); (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Suggestions to ChatterBoss

If you submit suggestions, comments, feedback and/or improvements (collectively, “Feedback”) to ChatterBoss you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) ChatterBoss is not under any obligation of confidentiality with respect to the Feedback; (c) ChatterBoss shall be entitled to use or disclose (or choose not to use or disclose) the Feedback; (d) ChatterBoss may have something similar to the Feedback already under consideration; (e) by submitting Feedback to ChatterBoss, you agree to assign and do hereby assign all rights, title and interest in and to such Feedback to ChatterBoss and acknowledge and agree that your Feedback becomes the sole and exclusive property of ChatterBoss without any obligation of ChatterBoss to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ChatterBoss under any circumstances with respect to the Feedback you provide.

Trademarks

ChatterBoss, the ChatterBoss Logo, the ChatterBoss mobile app logo, and other ChatterBoss branding and product and service names are or may be trademarks of ChatterBoss, LLC (the "ChatterBoss, LLC Marks"). Without ChatterBoss’s prior written permission, and except as solely enabled by any link as provided by ChatterBoss, you agree not to display or use in any manner the ChatterBoss Marks.

Modifications to Service

ChatterBoss may modify, terminate, suspend, or otherwise adjust functions or features at any time without prior notice.

 

Termination

ChatterBoss may terminate your ChatterBoss account and access at any time without prior notice. You may close your ChatterBoss account by contacting admin@chatterboss.com.

External Links

ChatterBoss may provide, or third parties may provide, links to other websites or resources. ChatterBoss is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content available from such websites or resources.

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF ChatterBoss IS AT YOUR SOLE RISK, ChatterBoss IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ChatterBoss AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) ChatterBoss AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) ChatterBoss WILL MEET YOUR REQUIREMENTS, (ii) ChatterBoss WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ChatterBoss WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH ChatterBoss WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE UNDERLYING ChatterBoss WILL BE CORRECTED; AND/OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ChatterBoss IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSSES AND/OR LIABILITIES THAT MAY RESULT FROM THE SAME (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIALS MADE AVAILABLE THROUGH ChatterBoss. ChatterBoss EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) PUSH NOTIFICATIONS TO MOBILE DEVICES, AND (ii) PHYSICAL MERCHANT RECEIPT INTEGRATION. 

 

ChatterBoss IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL ORDERS, ANY FEES INCURRED IN CANCELLING ORDERS, ANY ERRORS IN CHANGING ORDER INFORMATION OR ANY DELAYS IN PROCESSING REFUNDS.

ChatterBoss ASSUMES NO RESPONSIBILITY FOR, AMONG OTHER THINGS, THE AVAILABILITY OF THE SERVICE OR THE TIMELINESS OR COMPLETENESS OF INFORMATION DISPLAYED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ChatterBoss AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ChatterBoss HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ChatterBoss; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF ChatterBoss; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ChatterBoss; OR (v) ANY OTHER MATTER RELATING TO ChatterBoss. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

You further agree and understand that ChatterBoss has no liability for the loss of any information you may chose to store in your ChatterBoss account in your computer or mobile device, including without limitation, any loss that may occur in the event your computer or mobile device is sold, lost or stolen.

Indemnification

You agree to defend, indemnify and hold ChatterBoss 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 use of ChatterBoss.

General

The TOS constitutes the entire agreement between you and ChatterBoss concerning your use of ChatterBoss, superseding any prior agreements between you and ChatterBoss regarding ChatterBoss. If our TOS are materially changed we will immediately post a notification on this website. Your continued use of ChatterBoss will constitute your acceptance of any such changed TOS. The TOS and the relationship between you and ChatterBoss shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.


All disputes, claims, or controversies arising out of or relating to the TOS shall be resolved by binding arbitration to be conducted under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the State of Delaware. You covenant not to sue ChatterBoss in any other forum. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim by you arising out of or related to use of ChatterBoss or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of ChatterBoss to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.