FriendFilter.com Terms of Service

These terms and conditions (the «Terms of Service») govern your use, in any manner, including viewing content, of FriendFilter software («FriendFilter» or «us», also referred to herein as FriendFilter.com, FriendFilter.io, or FriendFilter Pro).

1. General

FriendFilter is a reporting chrome extension that analyzes data on your Facebook page. FriendFilter Pro is the paid version that includes all features after the expiration of the free 14-day trial of FriendFilter (the «Service»).

The FriendFilter membership is further defined as follows:

SUBSCRIBING MEMBER: A Subscribing Member is defined as a subscriber to FriendFilter Pro that is able to access reporting of their Facebook page to analyze connection metrics.

2. Trademark and Copyright Protection; Patent Pending

We claim no intellectual property rights over the material you provide to FriendFilter via the Service. Any data you upload whose copyright is your own, remains yours.

3. Activation and Use

3.1 Access to FriendFilter.io

In order to access FriendFilter, you must download the FriendFilter chrome extension.

3.2. Impermissible Uses.

You understand that you may not:

Modify, adapt or hack the Service or modify another website so as to falsely claim or imply that it is associated with the Service, FriendFilter.io, FriendFilter, or any other FriendFilter service;
Reproduce, duplicate, copy, sell, resell or exploit any portion (including, without limitation, the contents of the FriendFilter email or similar notification, and the contents of the web pages of the Service, use the Service or access the Service without the express written permission of FriendFilter;
Verbally, physically, or otherwise abuse (including threats of abuse or retribution) any FriendFilter member or FriendFilter employee, agent or officer;
Upload, post, host, or transmit unsolicited email, SMSs, or spam messages;
Transmit worms or viruses or any code of a destructive nature;
Violate any applicable federal, state or local laws or regulations; or,
Plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights of any person, firm or entity, expressly including but not limited to libel, slander or invasion of rights of privacy, publicity or «moral rights».

3.3. Representations and Warranties.

You represent and warrant that you will not use the Service for any illegal or unauthorized purpose. If you submit materials as a Subscribing Member, you represent and warrant that you:

Are a current Subscribing Member of the Service and meet the qualifications of same as defined in Section 1 hereof;
Are at least 18 years of age;
Are human (accounts accessed by «bots,» spiders, or other automated methods are not permitted);
Will use the Service in a manner consistent with any and all applicable laws and regulations.
Will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service.
Will not transmit any chain letters or junk email to other members.
Will not post on the Service, or transmit to other members or to Us or our employees, officers, directors and agents, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including but not limited to, intellectual property rights, trade secrets, and rights of privacy and publicity) or is subject to an enforceable privilege (including, without limitation, attorney-client or trade secret privileged material); and,
In connection with any content provided by you to FriendFilter or its affiliates via the web site («User Content»), you warrant and represent to FriendFilter that you have all rights, title and interests necessary to provide such User Content to FriendFilter, and that your provision of the User Content to FriendFilter shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

3.4. Subscribing Member Responsibilities.

You agree that you:

Are responsible for maintaining the confidentiality of your login and membership account and your use of the Service, and are fully responsible for all activities that occur, and content posted, under your account with or without your knowledge;
Will not share your login with anyone else;
Will not share any confidential or privileged information received from the Service with any third parties;
Will not falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; and,
Will not upload, post, email, transmit or otherwise make available any content or initiate communications, which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.

4. Subscribing Member Grant of Access; Additional Terms of Service

4.1. You are granted a nonexclusive, non-concurrent, nontransferable, limited right to access the Service. Your responsibility extends to all activity and use under any member account information (e.g., email) that you use. You may use the Service functionality only via FriendFilter.io and you may not download, copy, reuse or distribute that functionality.

4.2. FriendFilter reserves the right to monitor use of the Service to ensure compliance with these Terms of Service. If we determine that you are not in compliance with this Agreement, FriendFilter reserves the right to take appropriate action including, but not limited to, suspension or cancellation of your account.

4.3. You may not copy, modify, reproduce, retransmit or otherwise utilize the FriendFilter content in any other fashion or for any other purpose without the express written permission of the content’s owner. You may only link to the web site for the purpose of directing other users to the site and must remove any link to the site immediately upon request from FriendFilter.

4.4. You agree to immediately notify FriendFilter of any unauthorized use of the Service or any other breach of security. FriendFilter cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. Warranties; Limitation of Liability

5.1. Your use of the Service is at your sole risk. The service is provided on an «as is» and «as available» basis. You understand that FriendFilter may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.

5.2. FriendFilter does not warrant that (i) the Service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through this Service will meet your expectations; (v) that all Pitches submitted by Subscribing Members will be posted and/or be posted in a timely manner; (vi) that all responses to Pitches posted anonymously will be timely and fully forwarded to the Subscribing Member; and, (vii) any errors in the Service will be corrected.

5.3. Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. FriendFilter disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Service. FriendFilter disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.

5.4. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

5.5. THE SERVICE IS PROVIDED ON AN «AS-IS», «AS AVAILABLE» BASIS. FriendFilter, ITS AFFILIATES, AGENTS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. FriendFilter, ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE. FriendFilter DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.

5.6. To the extent permitted by law, FriendFilter’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to $50. In no event shall FriendFilter have any liability to YOU for any claims or demands of third parties OR ANY lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if advised of the possibility of such damages. NEITHER FriendFilter, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL FriendFilter, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION.

5.7. FriendFilter shall also have no responsibility or liability for any content created or posted by you or other third parties, as either a Subscribing Member.

6. Termination

FriendFilter may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any term or condition herein, then, in addition to any of its other rights or remedies, FriendFilter reserves the right to suspend your access to the Service, without liability to you. Further, FriendFilter reserves the right to publicize the identity of any misuser of FriendFilter to all users of the Service.

7. Privacy

Registration data and other information about you are subject to FriendFilter’s Privacy Policy, available at http://www.FriendFilter.io/privacy. If you are located outside the United States, by subscribing to any FriendFilter service you consent to your data being sent to the United States and transmitted, stored and utilized pursuant to the provisions of United States law.

8. Indemnification

You agree to defend, indemnify, and hold harmless FriendFilter, its employees, officers, directors, affiliates, contractors, attorneys, third party vendors and agents («Indemnitees») against all claims, demands, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur in connection with (i) your use of the Service or any hyperlinked web site; (ii) a violation of any of your representations, warranties or obligations under this Agreement; (iii) content you submit, post, transmit, or make available through the Service, (iv) your use of the Service, (v) your connection to the Service; or (vi) your violation of any rights of another including but not limited to another’s copyright, patent, trademark, trade secrets, or other intellectual property right.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.

9. Disclosure

We may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; or (2) protect the rights, property, personal safety or interests of any of FriendFilter and/or its employees, officers, directors, contractors, attorneys and agents, its customers, or the public.

10. Content

By using the Service you grant us a license to copy, distribute, modify and publicly display content that you post about the Service. The purpose of this license is to serve the mechanical and electronic requirements of maintaining the website, its associated syndication technologies, and marketing purposes. This license does not extend to any use outside of this scope. This license is granted and in force as long as the content exists on the site and the chrome extension is functional.

11. Proprietary Rights

FriendFilter owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to its copyrighted material, trademarks, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to User Content.

12. International Use

You agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

13. Fees and Payments

13.1. You shall pay any fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable.

13.2. Charges, if applicable, for access to the Service are billed in advance on a monthly or yearly basis and you authorize FriendFilter to charge the credit card on file for each payment. There will be no refunds or credits for partial months of use of the Service or for upgrades/downgrades. You must provide FriendFilter with valid credit card information to use certain functionality of the Service and you represent that you are the cardholder of the credit card used for payment and are authorized to provide this authorization. FriendFilter reserves the right to modify its fees and charges and to introduce new charges at any time. For any upgrade or downgrade in service level, your credit card will automatically be charged the new rate on your next billing cycle. If you miss a payment, FriendFilter may notify you by phone or mail, but has no obligation to do so. An invalid credit card or failure to remit payment in no way relieves you of payment for the Service.

13.3. If you cancel the Service before the end of your current paid month, your cancellation will take effect at the end of your current monthly billing period at which time your access will be terminated.

13.4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on FriendFilter’s income. You agree that we may add such charges to your credit card for payment as part of your monthly account fees. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: help@FriendFilter.io.

13.5. You agree to provide FriendFilter with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, FriendFilter reserves the right to terminate your access to the Service in addition to any other legal remedies.

13.6. Unless otherwise agreed to by FriendFilter, amounts will be billed in U.S. dollars.

14. Miscellaneous

14.1. This Agreement shall be governed by and construed under the laws of Florida exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Florida, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

14.2. The failure of FriendFilter to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by FriendFilter. All rights not expressly granted to you herein are reserved by FriendFilter.

14.3. You acknowledge and agree that you and FriendFilter are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to enter into agreements of any kind on behalf of the other, nor shall either party be considered the agent of the other party.

14.4. You consent to receive communications from FriendFilter concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to any postal address you provided in connection with your account. You may change the email or postal address to which FriendFilter sends communications by notifying FriendFilter in writing (which may be by e-mail). Notices provided to you via email will be deemed given and received on the transmission date. Official correspondence to FriendFilter must be sent via email at help@FriendFilter.io.

14.5. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.

14.6. These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and govern your use of the Service. These Terms of Service supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter including, but not limited to, prior versions of the Terms of Service. FriendFilter reserves the right to modify these Terms of Service or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. We may change or discontinue any part of this Service, without notice, at any time, at our sole discretion.