Last updated: November 1, 2020.
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the withyourtribe.com website, or apps (the "Service") operated by Tribe ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. And by agreeing to be bound by these Terms you also confirm your agreement with our Privacy Policy. If you disagree with any part of the Terms or Privacy Policy then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You may be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles may be set on a monthly basis. At the end of each Billing Cycle, your Subscription may automatically renew under the exact same conditions unless you cancel it or Tribe cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Tribe customer support team.
A valid payment method, including credit card or PayPal, may be required to process the payment for your Subscription. In such a case, you would need to provide Tribe with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Tribe to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Tribe may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Tribe, in its sole discretion and at any time in any manner, may adjust or introduce new fees or pricing for any element of our Service. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Tribe would provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect would constitute your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
If you have a dispute concerning any payment transaction, please contact us at hello@withyourtribe.com. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your account may be terminated and any files, data, or content contained in your account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting User Content on or through the Service, You represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service. However, by posting User Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.
Tribe has the right but not the obligation to monitor and edit all User Content provided by users. In addition, the information, text, graphics, videos, or other material provided by Tribe (“Tribe Content”) found on or through this Service are the property of Tribe or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Tribe Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit User Content, or cancel orders in our sole discretion.
The Service and Tribe Content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tribe and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tribe. Since our incorporation on 9th March 2020, Tribe has claimed a common law trademark over our logo, and the name ‘Tribe™’. This gives us legal protection should another individual or organization, whether in the United States or elsewhere, imitate our logo or name without our prior written consent.
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.
Our Service may contain links to third party web sites or services that are not owned or controlled by Tribe.
Tribe has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Tribe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account, and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Loss of Data or Content. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Whether or not your Account is canceled or terminated, you are responsible for backing up your own data. Before canceling your Account, you are solely responsible for taking any action necessary to retrieve any of your data or Content.
You Have Sole Responsibility When Interacting with Other Users. Our Service provide a platform for users to connect with one another, in order to communicate. Tribe is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization. You are solely responsible for your interactions with other users of our Service. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Service.
Remember, the Tribe Service is just a platform that enables you to communicate and interact with other people in your neighborhood and around the world. We cannot be responsible for the interactions that you have with other Tribe users, so please use good judgment and keep safety in mind when you use our Service.
We cannot and do not confirm each user’s identity. You are solely responsible for determining the identity and suitability of others with whom you may interact through our Service. Tribe does not represent or warrant that our Service is sufficient to determine whether it is appropriate for you to interact with another user. Further, we do not endorse any persons who use or register for our Service. We do not investigate or verify any user’s reputation, conduct, morality, criminal background, or any information users may submit to the Service. We encourage you to take precautions when interacting with other users, particularly when meeting a stranger in person for the first time.
Tribe users may organize in-person meetings and host events for other Tribe users; however, these events are not sponsored or endorsed by Tribe and users attend such meetings and events at their own risk.
Because our Service is merely a platform, in the event that you have a dispute with one or more users, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
By accessing or using the Service, you agree to act responsibly and exercise good judgment. In addition, you agree not to: (a) use the Service in violation of any applicable law or regulation, including promoting or encouraging any illegal activity; (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights; (c) use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Service in any manner; (d) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (e) use our Service in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Service); (f) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other user of our Service; (g) register for more than one member account or use another user’s account without permission; (h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information; (i) circumvent or attempt to defeat any security or verification measure relating to use of the Service; (j) hold yourself out as an agent, representative, employee or affiliate of Tribe, including but not limited to when you host an event for other Tribe users; (k) use the website or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service; (l) bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or (m) assist any third party in doing any of the foregoing.
If you interact with anyone through our Service who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us. Please note that although we encourage you to report misconduct, we are not responsible or liable for our users’ actions, and we are not obligated to take any action.
We respect the intellectual property of others and ask that users of our website and Services do the same. In connection with our Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting the copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the material on our Services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such material; (e) your address, telephone number, and e-mail address; (f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is: Copyright Manager Tribe Labs, Inc. | 500 Westover Dr Unit 14573, Sanford, NC 27330, Email: hello@withyourtribe.com.
Counter Notice Procedures. If you receive a notification from Tribe that material made available by you on or through the website has been the subject of a notification of claimed infringement, then you will have the right to provide Tribe with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Tribe's Designated Copyright Agent through one of the methods identified above, and include substantially the following information: (a) your physical or electronic signature; (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) A statement under penalty of perjury that you 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; and (d) your name, address, and telephone number, and a statement that you consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Tribe may be found, and that you will accept service of process from the person who provided notification above or an agent of such person.
You agree to defend, indemnify and hold harmless Tribe and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, (c) your violation of any rights of another, d) your conduct in connection with the Service, or (e) your User Content posted on the Service. Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify Tribe for violations of these Terms in accordance with this Section.
In no event shall Tribe, nor its directors, employees, contractors, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. The above limitation of liability shall also extend to any ‘offline’ interactions that may take place between users of the Service. Such users are participating at their own risk.
In no event will Tribe’s nor its directors, employees, contractors, partners, agents, suppliers, or affiliates, total liability to you for all damages, losses, causes of action (whether in contract, tort (including but not limited to negligence), exceed the amounts you’ve paid Tribe in the prior 12 months, if any. The existence of more than one claim will not enlarge this amount.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tribe its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Tribe HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Tribe agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Washington and the United States, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Agreement to Mediate. You and Tribe each agree that any and all disputes or claims that have arisen or may arise between you and Tribe relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to Tribe's Services, or any products or services sold, offered, or purchased through our Services will first be subject to mediation in Vancouver, Washington where the parties will attempt to amicably resolve any disputes.
Jurisdiction. If the parties cannot come to a resolution through mediation, you expressly understand and agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Vancouver Washington to resolve all claims arising under this Agreement.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
