TERMS OF USE
Last revised: May 01, 2018
Welcome to https://www.snafwho.com. The Site is owned and operated by Snafwho, Inc. and its affiliates (“We”, “Us”, “Our” or “Snafwho”). These terms and conditions of use (“Terms of Use”) govern your use of the Site. Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.
Binding Arbitration:These Terms of Use provide that all disputes will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Snafwho.
1. Ownership of the SiteAll pages within this Site and any material made available for download are the property of Snafwho. The Site is protected by United States and international copyright and trademark laws. The Content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by us. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Snafwho without our express written consent.
2. Site SecurityYou are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
3. Accuracy and Integrity of InformationAlthough we to ensure the integrity and accuracy of the Site, we makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Site from any non-affiliated third party.
4. Consultations by ExpertsWe provide access to mobile consultations (“Consultations”) and connect you with experts (“Experts”) through the Site. You may receive a Consultation by creating an account and requesting a Consultation from an Expert through the Site. A Consultation may require the payment of a service fee.
If you choose to receive a Consultation, additional terms and conditions may apply to the Consultation (“Additional Terms”). If these Terms of Use conflicts with any Additional Terms, such Additional Terms will govern and be given precedence. Anyone who elects to receive a Consultation agrees to accept the Additional Terms for that Consultation.
5. Submissions, Reviews, Feedback and other Postings to the SiteIf you provide a Consultation or submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site (“Submissions”), you agree not to provide any Consultations or Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contain or transmit a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. We shall have a royalty-free, irrevocable, transferable right and license to use Submissions however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. We are and shall be under no obligation (i) to maintain any Submissions in confidence; (ii) to pay to you any compensation for any Submissions; or (iii) to respond to any user Submissions.
We do not regularly review Consultations or posted Submissions, but we reserve the right (but not the obligation) to monitor and edit or remove any Consultations or Submissions provided through or to the Site. You grant us the right to use the name that you submit in connection with any Consultations or Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Consultation or Submission. You are and shall remain solely responsible for the content of any Consultation or Submission you make. We and our affiliates take no responsibility and assume no liability for any Consultation or Submission submitted by you or any third party. You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any Consultation or Submission you post or allow to posted to the Site. Under no circumstances shall we be liable for any Consultation or Submission, including, but not limited to any loss or damage that results from the Consultation or Submission being transmitted or made available on the Site or through the use of the Site.
6. Mobile ConsultationsSnafwho does not endorse and is not responsible or liable for any Consultation, Submission, Content, data, advertising, products, materials, or services available or unavailable from, or through, any Expert or third party. You agree that should you use or rely on such Consultation, Submission, Content, data, advertising, products, materials, or services, available or unavailable from, or through any Expert or third party, Snafwho is not responsible or liable, indirectly or directly, for any damage, loss, injury, or harm caused or alleged to be caused by or in connection with such use or reliance. Snafwho is not part of the agreement between you and the Expert. That agreement is exclusively between you and the Expert and may be governed by the Additional Terms. The Expert is responsible for all aspects of the Consultation. Snafwho does not oversee the performance or conduct of the Consultation, and does not endorse any Content submitted by any Expert to the Site. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Experts.
7. PaymentsWe can only accept payments through credit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make payments while we verify your new payment information. Your payment is not refundable, except in the event of fraud and a valid chargeback by a credit card issuer.
You represent and warrant that if you are making donations that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
8. Access to Site and User AccountsTo access and use limited portions of the Site (including messaging Experts and participating in Consultations), a user account with a user ID and password will be required (“Protected Areas”), you agree to access Protected Areas using only your account as provided to you. Creating an account is free. You must be at least 18 years old, or old enough to form a binding contract in your jurisdiction. If necessary, we may ask you for proof of age. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You can delete your account at any time by sending us a request at inquiries@snafwho.com.
Your access to the Site and your user ID may be suspended or revoked and any Content that you provide may be deleted at any time, with or without cause. 9. IndemnificationYou agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
10. Links to Other SitesWe make no representations whatsoever about any other website that you may access through this Site. When you access a non-Snafwho site, please understand that it is independent from Snafwho, and that we have no control over the Content on that website. In addition, a link to a non-Snafwho website does not mean that we endorse or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. Claims of Copyright InfringementWe disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.
- Notices of Alleged Infringement for Content Made Available Through the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Snafwho, Inc.
1375 East Grand Ave. #329
Arroyo Grande, CA 93420
- Counter Notices
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
- Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled.
- A statement as follows: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Your name, address, telephone number and, if available, email address.
- A statement as follows: “I hereby consent to the jurisdiction in the state or federal courts located in California, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
- Provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to our Copyright Agent:
Snafwho, Inc.
1375 East Grand Ave. #329
Arroyo Grande, CA 93420
SNAFWHO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR ANY CONSULTATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY CONSULTATION, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SNAFWHO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. SNAFWHO DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
13. Limitation of Liability Regarding Use of Site
SNAFWHO AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY CONSULTATION, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SNAFWHO TO YOU WITH RESPECT TO YOUR USE OF THIS SITE OR ANY CONSULTATION IS $100 (ONE HUNDRED DOLLARS).
14. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with Site, including products and services order or purchased through the Site, if you bring that issue to the our attention. However, there may be rare cases where we may not be able to resolve an issue to your satisfaction.
You and Snafwho agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including any Consultations provided through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Snafwho are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Snafwho.
If you desire to assert a claim against us, and you therefore elect to seek arbitration, you must first send to Snafwho, by certified mail, a written Notice of your claim (“Notice”). The Notice to Snafwho should be addressed to: Snafwho, Inc.; 1375 East Grand Ave. #329 Arroyo Grande, CA 93420 (“Notice Address”). If Snafwho desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Snafwho, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Snafwho and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Snafwho may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Snafwho or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Snafwho receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Snafwho and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Snafwho’s last written settlement offer made before an arbitrator was selected (or if Snafwho did not make a settlement offer before an arbitrator was selected), then Snafwho will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth in these Terms, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND SNAFWHO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Snafwho agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Boston, Massachusetts.
15. Revisions; General
When using, accessing, or purchasing particular any Consultation, services or features on the Site, you may be subject to additional posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms.
We reserve the right, in our sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between you and Snafwho pertaining to the subject matter hereof. In its sole discretion, we may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms of Use are personal to you, and you may not assign them, transfer them, or sublicense them without our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, and will provide you with notice of any such event by email or by conspicuously posting the notice on the Site.
16. CHARGES
Based on the amount of credit in a user's account, user can make audio or video calls to a consultant. A consultant may change the rates for calling at any time.The rates will always be shown before connecting to a call, please verify carefully. If a user does not accept the new rates, then the user will have the option not to proceed with that call. Rates of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute, for example,
Consultant rate - $ 1/minute
User calls for 1 minute - charged - $ 1
User calls for 1 minute 20 seconds - charged - $ 2
17. CONNECTION USAGE
The audio call will work on any of the following connections - Wi-Fi, 2G, 3G, 4G/LTE
The video call will work on any of the following connections - Wi-Fi, 3G, 4G/LTE
18. EarningsA user can credit minimum $4.99 either from Apple in-app purchase through the app or via PayPal from the web portal. The consultant's account will be credited with 60% of total amount of a particular call made by a user. For example, if a consultant takes a call of $10, then he/she will get $6 from it. A consultant will receive the amount earned at the end of each month. For this, the consultant needs to have $3 as the minimum amount to get credited into his/her PayPal account at the end of each month.