Terms

TERMS OF USE

Last Updated June 25, 2024

Welcome and thank you for your interest in Win At Social, Inc. d/b/a The Social Institute (“The Social Institute” or “TSI”), which operates TheSocialInstitute.com, WinAtSocial.com and related online services and content (together, the “Service”). Please note that while the Service is owned and operated by The Social Institute, the contents of this Service may be performed by entities affiliated with or under contract to The Social Institute. The Social Institute and any and all such affiliated or contracted entities are collectively referred to herein as “we,” “us” or “our”. Visitors and registered users of the Service are referred to individually as “User”, “you”, “your”, or “yourself” and collectively as “Users”.

Your use of the Service is subject to all terms and policies posted on this site or the legal information section of the app (including Privacy Policy and Confidentiality Agreement; collectively referred to as the “Terms of Use”). It is important to us that the Service provides you with a helpful and reliable experience. To protect our rights and yours, we have prepared the Terms of Use that apply to all users of the Service. If you have any questions concerning the Terms of Use, please Contact Us.

If you are a member of the faculty or staff of a K-12 school, school district or other organization (“Educational Institution”) that has subscribed to our #WinAtSocial software platform (the “#WinAtSocial Platform”), or if you are a parent, guardian or student accessing portions of the #WinAtSocial Platform through an Educational Institution’s subscription, these Terms of Use do not apply to you.  In such circumstances, your access to and use of the #WinAtSocial Platform will be governed by the separate written agreement between us and the Educational Institution.  We encourage you to contact a representative of the Educational Institution for more information.  

PLEASE NOTE THAT THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES OF OTHER TSI AND THIRD-PARTY PRODUCTS AND SERVICES LINKED TO OR FROM THIS SERVICE MAY VARY FROM THE TERMS HEREIN SO PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH OTHER PRODUCTS AND SERVICES PRIOR TO USE.

BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU AGREE TO USE THE SERVICE IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THE TERMS OF USE. DO NOT USE THIS SERVICE IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE.

  1. Account Eligibility

THE SERVICE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY THE SOCIAL INSTITUTE OR (B) ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By registering an account for the Service, you represent (a) that you have not been previously suspended or removed from the Service by The Social Institute; (b) that you are either (i) at least 18 years of age or (ii) your parent and/or guardian has consented to your use of the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

  1. Account Information

In order to use certain features of the Service, you must register for an account using a unique code provided by The Social Institute. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account, password and the unique code, and you agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to The Social Institute, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify The Social Institute at contact@thesocialinst.com. You may be liable for the losses incurred by The Social Institute or others due to any unauthorized use of your TSI account.

  1. Privacy Policy

The Social Institute is committed to creating a safe and secure online environment for all users of the Service. Please read our Privacy Policy, which is an important part of the Terms of Use.

  1. Changes in Terms of Use

The Social Institute has the right to change or modify the Terms of Use at any time, including without limitation the Privacy Policy applicable to your use of the Service. Such changes or modifications shall be effective immediately upon notice, which may be given by means including, but not limited to, posting within the Service, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice. Any use of the Service by you subsequent to such notice shall be deemed to constitute your acceptance of such changes or modifications.

  1. Ownership

This Service is owned and operated by The Social Institute and all elements of the Service, including without limitation any and all content included therein, are of the sole and exclusive property of The Social Institute and/or its licensors.

  1. User License

You are granted a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Service for non-commercial, personal use only. You may not adapt, download, revise, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute any content or other material on the Service, unless specifically authorized in writing by The Social Institute. You may not download any content (other than  traditional page caching) or modify the Service or any portion of the Service. Notwithstanding the foregoing, you may download the “Challenge Exercise” documents to edit and complete them.

Under no circumstances may a user of the Service (i) frame or utilize framing techniques to enclose any part of the Service; (ii) gather, obtain, use, access or otherwise copy any part of the Service by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service or such services; or (iv) engage in any activity that interferes with another user’s access, use or enjoyment of this Service. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Use of the Service for any purpose other than as contemplated in the Terms of Use is a violation of The Social Institute’s and/or its licensors’ intellectual property and/or proprietary rights. Neither The Social Institute nor its licensors guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. All rights not expressly granted herein are reserved by The Social Institute.

Certain features of this Service may be provided by third parties and the use of such features may be conditioned upon your agreement to such third parties’ terms of use and privacy policies. You understand that the Terms of Use applies only to the parts of the Service that reside on The Social Institute’s (or its service provider’s) servers and not to those that reside on third-party servers not controlled by The Social Institute.

  1. Copyright and Trademark Notices

The Service and any supporting software are the proprietary property of The Social Institute and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service, including without limitation any content included therein, without the express written consent of The Social Institute and/or its licensors is strictly prohibited.

Unless otherwise indicated, trademarks that appear on this Service are trademarks of The Social Institute or its affiliates. All other trademarks not owned by The Social Institute or its affiliates that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Social Institute or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of The Social Institute.

  1. User Uploads

To the extent that the Service may provide you with an opportunity to upload or otherwise submit information and other material (collectively, “Uploads”), BE ADVISED THAT THE SOCIAL INSTITUTE HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH UPLOADS PRIOR TO THEIR APPEARANCE ON THE SERVICE, and Uploads do not necessarily reflect the views of The Social Institute. To the fullest extent permitted by applicable laws, in no event shall The Social Institute have any responsibility or liability for the Uploads (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on the Service. Please keep in mind that Uploads may be discoverable by, and viewable to, other Users of the Service. The Social Institute reserves the right to monitor the Uploads and to remove anything which it considers in its absolute discretion to be offensive, ineffective or otherwise in breach of the Terms of Use or for any other reason as The Social Institute deems necessary.

You hereby represent and warrant that your Uploads shall not contain any viruses or other contaminating or destructive devices or features; that your Uploads will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Uploads will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You further represent and warrant that you have all necessary rights in and to the Uploads to be used in connection with the Service and that your Uploads will not infringe any intellectual property, proprietary or other rights of third parties.

BY SUBMITTING AN UPLOAD, YOU GRANT THE SOCIAL INSTITUTE A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, PERFORM, TRANSLATE AND DISTRIBUTE SUCH UPLOAD (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED.

  1. Representation and Warranty

As a condition of your use of the Service, you warrant to The Social Institute that you will not use the Service for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Service.

  1. Termination

The Social Institute reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Service or any part thereof or terminate any user’s access to the Service or any part thereof. The Social Institute may also modify, delete or adapt the Service at any time without any notice or obligation to the user at The Social Institute’s sole discretion. Your right to use and otherwise access the Service is automatically terminated if you violate the Terms of Use. You agree that The Social Institute will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof. Upon termination for any reason, you must cease all access to the Service. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, The Social Institute’s ownership rights and your representations and indemnities shall survive termination.

  1. Links to and from Other Websites

You may have linked to the Service from a third-party website and the Service may provide links to other third-party websites or resources (collectively, “Third Party Sites”). Because we do not control such Third Party Sites you acknowledge and agree that The Social Institute is not responsible or liable for the content, products or performance of those Third Party Sites, and you hereby irrevocably waive any claim against The Social Institute with respect to such sites. The Social Institute reserves the right to terminate any link at any time without notice. The inclusion of a link to such Third Party Sites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by The Social Institute of that Third Party Site, or any products or services provided therein. The information practices of those 3P Sites are not covered by the Terms of Use or any other policies or terms applicable to the Service. We recommend that you review any terms of use and privacy policy of those 3P Sites linked to the Service before providing any information to those websites or using their products and services.

Please note that the Service may also provide links to other sites brought to you by The Social Institute. The privacy statement and terms of use of other The Social Institute sites may vary from the Terms of Use. Please review the privacy statements, terms of use and other policies or terms that may apply to other The Social Institute sites prior to your use of such sites.

  1. Indemnification

You agree to indemnify and hold The Social Institute and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys’ fees and expenses, made against The Social Institute by any third party due to or arising out of your use of the Service, your connection to the Service, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another User.

  1. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY THE SOCIAL INSTITUTE OR ITS LICENSORS AND THE SOCIAL INSTITUTE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) NEITHER THE SOCIAL INSTITUTE NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, 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 PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; AND (c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER THE SOCIAL INSTITUTE NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICE.

  1. Limitation of Liability

IN NO EVENT SHALL THE SOCIAL INSTITUTE OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.

  1. Equitable Relief

You and The Social Institute agree that your breach or your threatened breach of Section 6 or any term of the Confidentiality Agreement would cause irreparable harm to The Social Institute for which monetary damages would not be adequate remedy and that, in the event of such breach or threatened breach, The Social Institute will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.

  1. Submissions

The Social Institute always welcomes suggestions and comments regarding the Service. Any comments or suggestions submitted to the Service or The Social Institute, either online or offline, will become The Social Institute’s property upon their submission, and The Social Institute may or may not use any such submissions in any manner. This policy is intended to avoid the possibility of future misunderstandings when projects developed by The Social Institute might seem to others to be similar to their own submissions or comments.

  1. Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on the Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by The Social Institute, please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:

Win At Social, Inc. 
PO Box 3755
Chapel Hill, NC 27515
Phone: 984-377-2276
Email: contact@thesocialinst.com

To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
  • Information reasonably sufficient to permit The Social Institute to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
  • Identification of the allegedly infringing material on the Service (“Infringing Material”), and information reasonably sufficient to permit The Social Institute to locate such material on the Service;
  • Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Service are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
  • A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. General Information; Governing Law

The Terms of Use constitute the entire agreement between you and The Social Institute, govern your use of the Service, and supersede any prior agreements between you and The Social Institute concerning the Service. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Use and the relationship between you and The Social Institute will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and The Social Institute agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Durham, State of North Carolina. The failure of The Social Institute to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. Violations

Please report any violations of the Terms of Use by contacting The Social Institute.