Terms and Conditions

1. Terms of Use

Please read this Terms and Conditions document (“Agreement”) carefully before using the services offered by SNRB Labs LLC (“Company”). This Agreement sets forth the legally binding terms and conditions for your use of the websites owned and operated by Company, including, without limitation, the snrblabs.com website (“Sites”), the GrooVe IP application, and any other features, content, or applications offered from time to time by Company in connection therewith (collectively “Service”). By using the Sites or Service in any manner, you agree to be legally bound by this Agreement. This Agreement applies to all users of the Sites or Service.

2. Acceptance

The Service is offered subject to acceptance, without modification, of this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company.

The Service is available only to individuals who are 13 years of age or older. You represent and warrant that you are of legal age to form a binding contract and are at least 13 years old, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

3. Modifications

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use in this Agreement, or change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, or content) at any time by posting a notice on the Sites or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

If you don’t agree with the new Agreement, you are free to reject them. However, that means you will not be able to use the Services. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of all of the changes.

4. Content

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, images, etc. (all of the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, and restrictions contained in any Content you access through the Services, and you won’t use, distribute or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content or in a way that violates someone else’s (including Company’s) rights.

Company owns the Services. You won’t modify, publish, or create derivative works based on, or otherwise exploit any of the Services.

5. Privacy

Company's current Sites and Service privacy statement is located at snrblabs.com/GrooVeIp/PrivacyPolicy (“Privacy Policy”) and is incorporated into this Agreement. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact snrb.labs@gmail.com.

6. Acceptable Use

Company's current Acceptable Use Policy is located at snrblabs.com/GrooVeIp/AcceptableUsePolicy (“AUP”) and is incorporated into this Agreement. For inquiries in regard to AUP, please contact snrb.labs@gmail.com.

7. Maintenance

From time to time, Service may be interrupted or otherwise impacted for routine maintenance. Company will use commercially reasonable efforts to perform such maintenance in a manner that will not unreasonably interrupt the Service.

8. Emergency Services

You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls (i.e. 911) or texts to any kind of emergency or time-critical service (“Emergency Services”). Company, its affiliates or staff are in no way liable for such emergency calls or communications. By agreeing to this Agreement you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept your responsibility to purchase, separately from the Service, traditional telephone service or other means of communication intended for access to Emergency Services. You recognize and agree that Company is not required to offer Emergency Services or access thereto pursuant to any applicable local and or national rules, regulation or law. You further acknowledge that Service is not a replacement for your primary telephone service or any other means of communication.

If you associate Service and/or the telephone number that you obtain from Service with a Voice over IP (VoIP) adapter, SIP phone and/or an analog telephone adapter, the following applies: You (i) must obtain emergency calling (i.e., 911 service) from a third party; and (ii) acknowledge and agree that you have obtained such emergency calling (i.e., 911) service from a third party.

9. Payments / Refunds

Depending on the Services you use or sign up for, you may be required to pay some fees or earn/buy credits in connection with the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. If you make a change in any Service, there may be different fees involved.

Company offers a Service that allows you to earn or purchase credits to be used for minutes and/or messaging Services. Usage of minutes (whether free, earned or purchased) is calculated in one minute increments. Credits are billed at the time of purchase. Unless prohibited by law and except as expressly provided in this Agreement, any credits you earn or purchase will expire in thirty days (or sixty days, as explained later in in the Account Inactivity / Number Ownership section of this document) from your most recent date of use of the Service to place or receive a call or send or receive a text message. Credits may not be transferred and will not be restored once expired.

Company will be under no obligation to offer any refunds or reimbursements for the purchase price of any credits you purchase from Company or any fees you pay to Company.

Company reserves the right to change its pricing and to institute new charges at any time, upon ten days prior notice to you, which may be posted on the Sites or other public channels. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

10. Account Inactivity / Number Ownership

You understand and agree that you do not own the phone number provided to you by the Company (“Company Number”) and that you do not have a right to keep that Company Number if your account is closed. Company may withdraw your Company Number at any time or for any reason upon notice to you.

Company may reclaim the Company Number you received through the Service if you have not placed or received calls or sent or received text messages (“Inactivity” or “Inactive”) for a period of thirty days. There is an exception to this condition as explained below in the next paragraph.

If you have a Company Number and you have at least 25 earned or purchased credits in your account, 25 credits will be deducted from your account following thirty days of Inactivity. If you don’t have enough credits, or if your account has been Inactive for sixty consecutive days, all of your remaining credits will be deducted, the Company Number assigned to you will be reclaimed and your account will be deactivated.

11. Termination

Company may in its sole discretion terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

If you wish to terminate your account, you may do so at your sole discretion, at any time, and effective immediately.

Any fees paid or credits purchased hereunder are non-refundable.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. International Use

Company makes no representation that the Service is appropriate or available for use in locations outside of the USA, and accessing the Service is prohibited from territories where such Service is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with any applicable local laws.

13. Entire Agreement

This Agreement is the entire agreement between you and Company with respect to the Service and use of the Sites, and supersedes all prior communications (whether oral, written or electronic) between you and Company.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Nothing in this Agreement is intended to exclude or limit Company's liability for fraud or fraudulent misrepresentation.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

14. Indemnification

You will defend, indemnify and hold Company, its subsidiaries and affiliates and their respective directors, officers, employees, agents, successors and assigns harmless from and against any and all actual or alleged costs, damages, expenses, losses, and/or liabilities of any kind, including, without limitation, reasonable attorneys’ fees, arising from any action, claim, suit or proceeding commenced by any third party for damages to any tangible property or bodily injury to or death of any person arising out of or caused by your negligence or willful misconduct, except for those costs, damages, expenses, losses, and/or liabilities of any kind caused by any act or omission of Company or its directors, officers, employees, or agents. Company will promptly notify you in writing of any such action, claim, suit or proceeding. You will control the response to any such action, claim, suit or proceeding and the defense thereof, including, without limitation, any agreement relating to the settlement thereof. In addition to the foregoing general indemnity, you will at all times defend, indemnify and hold Company, its subsidiaries and affiliates and their respective directors, officers, employees, agents, successors and assigns harmless from all claims arising out of or due to the utilization by any other person or entity to which you provide any Service in connection with or utilizing any Service provided to you pursuant to this Agreement, including, without limitation, due to (i) Your failure to comply with any applicable laws; (ii) claims for libel, slander, and/or invasion of privacy; (iii) claims for infringement of copyright and/or trademark; (iv) claims for infringement of patents arising from combining or using Service or equipment furnished by Company with Service and/or equipment furnished by any other person or entity; and (v) claims arising from any failure, breakdown, interruption or deterioration of service provided by Company to you.

15. Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and the United States of America.

Any dispute arising from or relating to the subject matter of this Agreement shall be settled by arbitration in Monmouth County, New Jersey. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.

16. Warranty and Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICE AT YOUR OWN SOLE RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY, TERM OR CONDITION OF ANY KIND, AND COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE

Many factors, including your local network, your internet connection, and the public internet, may affect your ability to use the Services and the quality of your communications through the Services, and may result in the failure of your communication. Company is not responsible for any Service disruption, interruption or delay caused by any failure of or inadequacy in any of these factors or any other items over which Company has no control. We make no representations or promises regarding recommendations of services or products offered or purchased through the Services. Products and Services purchased or offered through the Services are provided “as is” and without any warranty of any kind from Company or others (unless provided expressly in writing by a designated third party for a specific product).

Company will not be liable for the privacy of any information stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service. Some states and jurisdictions do not allow the preceding limitation of liability on the protection of privacy to the extent personal information is stored on Company’s equipment; where this is the case, the preceding limitations do not apply to you, but only to the extent such information is stored on Company’s equipment.

17. Limitation of Liability

COMPANY’S TOTAL LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO COMPANY FOR THE SERVICE UTILIZED BY YOU PURSUANT TO THESE TERMS OF SERVICE IN THE SIX MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER COMPANY NOR ITS LICENSORS WILL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

18. Other Terms

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

This Agreement is not assignable or transferable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent.

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

19. Copyright Notice

It is Company’s policy to block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and remove and discontinue service to offenders.

20. Contact

The Service is operated and provided by SNRB Labs, LLC. If you have questions about these Terms and Conditions please contact us at snrb.labs@gmail.com.

(Update Effective as of: February 22, 2016)