Last updated: November 1, 2014
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND GROUPHUB. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.GROUPHUB.IO AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.GROUPHUB.IO BY GROUPHUB, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
GroupHub may make changes to the content offered on the Site at any time. GroupHub can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after GroupHub has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless GroupHub if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the GroupHub or the Site.
GroupHub provides content through the Site that is copyrighted and/or trademarked work of GroupHub or GroupHub’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, GroupHub hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using The Site And The Services On The Site
You can simply view the Site and not use any Services on the Site. You need not register with GroupHub to simply visit and view the Site.
However, in order to fully use the services that GroupHub makes available on the Site, including purchasing services offered by merchants on the Site (the “Services”) and using certain Materials offered on and through the Site, you must register with GroupHub for an account and receive a password.
Password Restricted Areas Of This Site
If you desire to register for an account with GroupHub, you must submit certain information through the account registration page on the Site. You will also have the ability to provide additional optional information, such as your insurance information, which is not required to register for an account but may be helpful to GroupHub in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, GroupHub administrator shall have the right to approve or reject the requested registration, in GroupHub administrator’s sole discretion. If your account is approved by GroupHub administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “GroupHub Password”) for the first time you log into your account on the Site to complete the account registration process.
Use of certain Services and Materials are subject to additional terms and conditions that you must agree to before you can make use of those Services or Materials (an “Additional Agreement”). In the event of any inconsistency between the terms of any Additional Agreement and these Terms, the terms of the Additional Agreement shall govern that inconsistency.
You are responsible for maintaining the confidentiality of your GroupHub Password (collectively, “Passwords), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify GroupHub if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from GroupHub. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with GroupHub. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links To Third-Party Sites
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require GroupHub to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions or comments posted by others on this Site.
Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. GroupHub reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that GroupHub determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. GroupHub may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GroupHub’s discretion, GroupHub will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold GroupHub and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) GroupHub or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
GroupHub is a trademark of GroupHub in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of GroupHub, Copyright © 2014-2015 GroupHub. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
GroupHub respects the intellectual property rights of others, and we ask you to do the same. GroupHub may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide GroupHub’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit GroupHub to locate the material.
Information reasonably sufficient to permit GroupHub to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright or trademark infringement on this Site can be sent to:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification that includes all of the following information:
Your physical or electronic signature;
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;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GroupHub may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
GroupHub reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer Of Warranties
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by GroupHub, and they may include inaccuracies or typographical or other errors. GroupHub does not warrant the accuracy of timeliness of the Materials contained on this Site. GroupHub has no liability for any errors or omissions in the Materials, whether provided by GroupHub, our licensors or suppliers or other users.
GROUPHUB, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. GROUPHUB DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation Of Liability
SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL GroupHub BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF GroupHub KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
GroupHub controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to GroupHub, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and GroupHub is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that GroupHub is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
GroupHub prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by GroupHub, may result in immediate termination of your access to this Site without prior notice to you. California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in San Francisco County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. GroupHub’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and GroupHub and supersede all prior or contemporaneous negotiations, discussions or agreements between you and GroupHub about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by GroupHub, Inc. If you have a question or complaint regarding the Site or Service, please contact Customer Service at firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact GroupHub for any reason, you can reach us at
GroupHub Terms of Service and Sale
Last updated: November 1, 2014
THESE GROUPHUB TERMS OF SERVICE AND SALE (THE “AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU AND GROUPHUB, INC. (“GroupHub,” “Us,” “Our” OR “We”), THE OWNER AND OPERATOR OF GROUPHUB.IO (the “Site”) AND ALL SITE-RELATED SERVICES (“Service”). THIS AGREEMENT APPLIES TO ALL SUBSCRIBERS TO THE SERVICE.
MODIFICATIONS AND CHANGES
Changes. We reserve the right at any time and without prior notice, to:
Add to, change or remove any part, term or condition of this Agreement;
Change the Site or Service, including by eliminating, modifying or discontinuing any content on or feature of the Site or Service, restricting the hours of its availability or limiting the amount of use permitted; or
Change any fees or charges for use of the Site or Service, including instituting new or increased fees or charges for the use of the Site or Service or any feature thereof.
Notice. We will notify you of changes to this Agreement by changing the “Last Updated” date above, and by providing notice by any other means, including posting a notice that this Agreement has changed on the Site or Service, or sending an email to your last email address of record if you have provided your email address to us. Any changes we make will be effective immediately upon notice. Your continued use of the Site or Service after such notice constitutes your acceptance of such changes.
Registration. You may access many areas of the Site without registering your details with GroupHub. To access certain areas of the Site, and to use the Service, you must register with us. Each registration is for a single user only. GroupHub does not permit you to share your user name and password with any other person or with multiple users on a network.
Account Security. You are entirely responsible for all activities that occur under your account(s) and for maintaining the confidentiality of your username(s), password(s), and your account(s). You also hereby agree to promptly notify us via email at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site or Service. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session. GroupHub is not liable for any loss that you may incur as a result of any unauthorized use of your user account and password.
Account Information. You understand and hereby acknowledge that you have no ownership rights in your GroupHub Account, and that if you cancel your GroupHub Account (or your Account is terminated by GroupHub in accordance with this Agreement), we may delete and remove all of your account information from any public area of the Site and from the Service. Information may continue to be stored on GroupHub’s web servers or retained by third parties as cached copies for the convenience of those entities but will not be accessible to you after termination of your GroupHub Account.
Accurate Information. You hereby agree to provide and maintain true, accurate, current, and complete information about you or your company, where applicable, as prompted by our registration processes or as required for the use of the Service or Site, or any portion thereof. You hereby acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or Service.
Communications from GroupHub and other Users. By creating an account, you agree to receive certain communications by email or mobile phone in connection with the Site, including daily or weekly emails regarding Offerings, features, programs and services on the Site. You can opt-out of receiving certain of these communications through an unsubscribe mechanism, but you will still be required to receive certain essential communications regarding your account as long as you continue to be a registered user.
TERMS OF SALE
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND GROUPHUB AND APPLY TO ALL PURCHASES OF SERVICES THROUGH THE SITE.
The Site may include various offers (“Offer”) from third parties (“Merchants”) for you to purchase the goods and services of a particular Merchant (the “Merchant Services”) at a particular price. When you place an order for an Offer, you have agreed to purchase the Merchant Services described in that Offer at the price indicated and to accept all terms and conditions associated with that Offer.You agree that the Merchant is the provider of the Merchant Services, not GroupHub, and that the Merchant is solely responsible for providing all Merchant Services that you purchase through the Site.
All Offerings shall be subject to the following general terms, unless otherwise stated in the Offer:
Taxes. The price you paid for the Merchant Services does not include sale, use, value added or other taxes and you may be separately charged by the Merchant such taxes.
Cancellation of Offers: We reserve the right to cancel any Offer at any time, with or without notice, in our sole discretion. You agree that in such a case, your sole and exclusive remedy, and our sole and exclusive obligation, is to refund the amount you paid, if any, for the Offer.
NO RESPONSIBILITY FOR MERCHANT OFFER. You agree that each Offer is made only by the Merchant named in the Offer and that the Merchant is solely responsible for providing the goods and services specified in the Offer. You further agree that GroupHub is not obligated to provide the goods and services specified in the Offer, or provide any refunds on the Offer if a Merchant fails to provide the products and services specified in theOffer, or if you are dissatisfied in any way with those products and services. While we may attempt to assist you and work with a Merchant if you have concerns about an Offer, you acknowledge that by doing so we are not assuming any liability to you relating to the Offer or the products and services provided by that Merchant. You understand and agree that GroupHub makes no guarantees or warranties about any product or service offered by a Merchant, is not responsible for bad services or defective products provided by a Merchant, and is not responsible for any statement, representations or warranties made by a Merchant in an Offer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE, RELEASE AND DISCHARGE GROUPHUB AND ANY OF ITS PARENT, SUBSIDIARY AND RELATED COMPANIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, INJURIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF YOUR PURCHASE OF THE MERCHANT SERVICES, THE GOODS AND SERVICES PROVIDED BY A MERCHANT, OR YOUR SATISFACTION WITH THE GOODS AND SERVICES PROVIDED BY A MERCHANT.
No Guarantee. While GroupHub endeavors to ensure that the Service continue to be available, we cannot guarantee that the Service shall operate or be available in an uninterrupted manner. GroupHub shall not be liable if for any reason the Service is unavailable at any time or for any period.
Downtime or Outage. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond GroupHub’s control.
Reporting Errors. You may report Service problems and errors by email to firstname.lastname@example.org.
PAYMENT FOR SUBSCRIPTION OF SERVICES
Registered users may access some or all portions of the Service free of charge. However, GroupHub reserves the right to require a fee, either on a one-time or subscription basis, in the future for certain of those Services (“Premium Services”). If GroupHub offers and you purchase any Premium Services, you agree to pay the applicable fees for the Premium Services in accordance with the terms specified by GroupHub (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
Compliance with Law
General Compliance. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Service. GroupHub reserves the right to terminate your account and to prevent your use of the Service if your account is used to engage in illegal activity or to violate this Agreement.
Export Laws. The Service may be subject to United States export controls, and export controls of other jurisdictions. By using Service, you warrant that you are not located in any country to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws in accessing and using the Service. You further agree not to upload to the Service any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
You shall not violate or attempt to violate the security of the Service. Violations of system or network security may result in civil or criminal liability. GroupHub reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who have participated in such violations.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, OF ANY KIND. YOUR USE OF THE SERVICE, IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.
GROUPHUB, ON BEHALF OF ITSELF AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICES PROVIDERS, INCLUDING ANY SERVICE PROVIDERS AND SUPPLIERS THEREOF, AND ANY OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “GROUPHUB PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR NON MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. GROUPHUB DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (B) DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, TIMELY, ERROR-FREE OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (C) DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, GroupHub’s warranties and conditions with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE GROUPHUB PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR ANY OFFERING, EVEN IF A GROUPHUB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A GROUPHUB PARTY IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR ANY OFFERING, THE RELEVANT GROUPHUB PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID GROUPHUB FOR YOUR USE OF THE, SERVICE; OR (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
GROUPHUB HAS NO LIABILITY TO YOU WITH RESPECT TO ANY OFFER THAT YOU ACCEPT THROUGH THE SERVICE. YOUR SOLE RECOURSE FOR ANY SERVICES YOU RECEIVE OR DO NOT RECEIVE FROM A MERCHANT SHALL BE FROM THAT MERCHANT ONLY AND NOT FROM GROUPHUB.
Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, GroupHub’s liability for such damages with respect to theOfferings and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.
You agree to indemnify, defend and hold harmless, GroupHub, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Service from and against any and all claims or liability, including costs and attorney’s fees, arising from or in connection with your violation of this Agreement and your use of the Service. GroupHub reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with GroupHub in asserting any available defenses.
Right of access
In order to use the Service you must be at least 13 years of age or older. You affirm that you are either: (a) 18 years old or more and are fully able and competent to enter into and comply with the terms and conditions of this Agreement; or (b) if you are under 18 years old but at least 13 years old, that you have your parent’s permission to enter into this Agreement and are fully able to comply with the terms and conditions of this Agreement.
You agree that GroupHub, in its sole discretion, may terminate your access to and use of the Service for any reason, if GroupHub believes that you have or may have violated or acted inconsistently with the letter and spirit of this Agreement. GroupHub may also in its sole discretion and at any time discontinue providing theService, with or without notice. You agree that any termination of your access to the Service, under any provision of this Agreement, may be effected without prior notice to you, and acknowledge and agree that GroupHub may bar any further access to the Service. Further, you agree that GroupHub shall not be liable to you or any third-party for any termination of access to the Service.
Limited time to bring claim
Where permitted by law, you and GroupHub agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY
The failure of GroupHub to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must in writing and signed by GroupHub.
Jurisdiction, Venue; Waiver Of jury trial
This Agreement and all claims or issues regarding the Site shall be governed according to the laws of the State of California, in the United States of America, except for the conflict or choice-of-law principles thereof.
Except in those cases where contractual attribution of jurisdiction is not enforceable, any disputes that may arise concerning the formation, interpretation or performance of this Agreement which are not amicably resolved or resolved by arbitration, shall be brought in the courts of the United States.
TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT WHICH ARE NOT RESOLVED BY ARBITRATION.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by GroupHub, Inc. If you have a question or complaint regarding the Site or Service, please contact Customer Service at email@example.com For comments, questions, suggestions regarding our web site, contact firstname.lastname@example.org.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.