Terms of Use and Service
Last Updated on July 26, 2018
Welcome to TheSocialMLM.com, owned and operated by Perception Industries, LLC.!
We understand that organized knowledge that is intelligently directed is the highest form of power. To help you accumulate your power, we have provided several different books on various topics and we’re honored to have your trust. These terms (these "Terms") apply to your use of www.TheSocialMLM.com and any related websites or platforms, and all other online products and services (collectively, the "Service") of Perception Industries, LLC. ("we," "us" or "our").
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the Service. This Agreement is entered into between you and Perception Industries, LLC. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this Agreement.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.
Privacy Policy
For information about how we collect, use and share information about you via the Service, please see our PRIVACY POLICY at www.TheSocialMLM.com/privacy
Description of the Service
Perception Industries, LLC. provides a service to purchase and download books, reports, podcasts, webinars, and related video content. Independent contractors and others use the service to manage various aspects of their business. Perception Industries, LLC. allows and facilitates for users to increase their level of awareness through organized knowledge. This knowledge is solely for INFORMATIONAL AND GENERAL KNOWLEDGE PURPOSES ONLY as more fully discussed in the “Information Purposes Only” section of these Terms of Use and Service.
Through the Services, you may be able to access, and post Content to, our platform and related services. "Content" includes any materials that you or other Users post to our Service, including articles, photos, videos, discussion posts, income and expense information, and other information about your or another User’s business, company or professional services. The Services may also enable you to comment upon certain Content that our other Users have posted to the Service. Further, the Services may also provide you with access to features and content that are provided by Perception Industries, LLC.
For more information about the Service, please contact us at support@perceptionind.com
Right to Use the Service
On the condition that you fully comply with these Terms, Perception Industries, LLC. grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
Creating an Account with Perception Industries, LLC.
When you create a member account, you agree to maintain the security of your password and accept all risk that someone may access your account without your permission. As a user you are also aware that a compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Perception Industries, LLC. reserves the right to deny, deactivate, or terminate any account at our discretion.
Integrating a Bank Account
If you use the portion of our Services that permits you to interact with a third-party bank account via our Services (“Bank Account”), you authorize us or our designated third-party service provider to access your Bank Account via the Services on your behalf and to process Bank Account information via the Services. You represent and warrant that you have the right to access and use any Bank Account and to grant the foregoing authorization.
License
Subject to the terms, conditions and limitations set forth in the Terms, Perception Industries, LLC. grants you a nonexclusive, non-transferable and revocable license to use Perception Industries, LLC. and its related content on any mobile device that you own or control. The terms of the license will also govern any additional content provided by Perception Industries, LLC. that replace and/or supplement the original content, unless such additional content is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make Perception Industries, LLC.’s content available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense Perception Industries, LLC.’s content; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Perception Industries, LLC.’s content, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in Perception Industries, LLC.’s content. If you violate any of the restrictions set forth in the Terms, your use of Perception Industries, LLC. and its associated content will immediately cease, and you will have infringed the copyright and other rights of Perception Industries, LLC., which may subject you to prosecution and damages. Perception Industries, LLC. reserves all rights not expressly granted to you in the Terms.
Informational Purposes Only
All tools and content provided by Perception Industries, LLC. via the Services is for your basic informational purposes only. Perception Industries, LLC. does not provide professional or legally binding tax, health or legal services. It is up to you in your sole discretion to decide whether or not to utilize the platform provided by Perception Industries, LLC. While we offer information and tools to help you manage your business and affairs, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by Perception Industries, LLC. or its users). If you elect to find professional guidance for your issues after purchasing and/or reviewing Perception Industries, LLC.’s content, the advice and service you receive on your professional or legal issue is between you and the professional—Perception Industries, LLC. is not responsible for the quality of advice or professional and you may be subject to the professional's own Terms and Conditions.
We can not, nor do we intend to, give you any legal advice. At no time do we review your issue(s) for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Perception Industries, LLC. is not a law firm and may not perform services performed by an attorney.
Perception Industries, LLC.’s Rights
As between you and Perception Industries, LLC., all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Perception Industries, LLC. or is used with permission. You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. Perception Industries, LLC. reserves all rights not expressly set forth in these Terms.
Third Party Materials
We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the Content that they post to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, you should be aware that these Terms and all other Perception Industries, LLC. policies no longer govern your use of other websites and services.
Location Information
Perception Industries, LLC. may collect location information and it will be used and disclosed as set forth in the Privacy Policy. You acknowledge and agree that by accepting the Terms you are consenting to Perception Industries, LLC.’s collection, use, disclosure and storage of your location information.
You may revoke your consent with respect to Perception Industries, LLC.’s collection, use, disclosure and storage of your location information at any time by contacting support@perceptionind.com and discontinuing use of our Services. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Perception Industries, LLC. will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Perception Industries, LLC. will resume the collection of location information.
Feedback
Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Relationship with Perception Industries, LLC.
Your use of the Services does not create any other type of relationship between you and Perception Industries, LLC., including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Perception Industries, LLC. to you or any other User except as otherwise expressly stated in these Terms or other written agreement signed by an authorized agent of Perception Industries, LLC.
Disclaimers
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL PERCEPTION INDUSTRIES, LLC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF PERCEPTION INDUSTRIES, LLC., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF PERCEPTION INDUSTRIES, LLC.’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO PERCEPTION INDUSTRIES, LLC. FOR THE SERVICES.
Indemnification
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Perception Industries, LLC. account.
Changes to the Service
Perception Industries, LLC. reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Perception Industries, LLC. will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
 By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@perceptionind.com.
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Suspension and Termination
 Perception Industries, LLC. may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Perception Industries, LLC.’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support@perceptionind.com.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PERCEPTION INDUSTRIES, LLC. AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PERCEPTION INDUSTRIES, LLC.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Perception Industries, LLC. agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Akron, Ohio. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Perception Industries, LLC. are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Perception Industries, LLC. intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Akron, Ohio. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
General
Enforcement of these Terms is solely at Perception Industries, LLC.’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, "including" means "including (without limitation)." The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.
Developer Name and Address
Any end-user questions, complaints or claims with respect to Perception Industries, LLC. should be directed to: Perception Industries, LLC.
2270 Edmund Ave.
Akron, OH 44312
Email: support@perceptionind.com
TheSocialMLM.com
Owned and operated by Perception Industries, LLC.
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