GroupGets.com provides a forum to connect people and payments for group purchases. On GroupGets.com (the "Site"), users can easily and securely initiate or join a campaign to leverage the collective power of group purchasing.
You are only eligible to access or use our Services if:
• You are 18 years or older.
• We have not restricted, suspended, or terminated your access to the Services at any point.
When using the Services you agree to the following:
1. You will provide us with true, accurate and complete information about yourself, by direct input through methods such as OpenID.
2. Maintain and promptly update Registration Data to keep it true, accurate, current, and complete.
4. Use the Services in a manner so as not to damage, disable, overburden, or impair the Services, our networks, or systems, and so as not to interfere with others' legal rights or use or enjoyment of the Services.
5. Ensure you own or have a legal right to use the Member Content with the Services so as not to infringe upon the Intellectual Property Rights of others. "Member Content" means the content you use to create and manage a campaign, post, or comment on or contribute to a campaign and other information you provide. "Intellectual Property Rights" means all worldwide rights in patents, trademarks. service marks, copyrights, trade secrets, publicity, goodwill, and all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals , and extensions thereof.
As part of the registration process, you will create a password and account. You are responsible for maintaining confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You shall not allow any third party to use your account credentials. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GroupGets will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. You agree that, in the event of any dispute between two or more parties as to account ownership, GroupGets will be the sole arbiter of such dispute in its sole discretion, and that GroupGets' decision (which may include termination or suspension of any account subject to dispute) will be final and binding upon all parties.
You agree that we are only acting as a passive conduit for user activities of the Services. This is so even in the event that you receive specific support from us in relation to your activities on the Services.
A GroupGet Campaign is initiated on the Service when a user, the “Campaign Initiator,” creates a campaign profile page and publishes a "Campaign." On the Campaign profile page, the Campaign Initiator enters information describing the product(s) or service(s) to purchase, the minimum order quantity and price, the funding goal, and expiration date of the Campaign. The Campaign Initiator does not collect and hold funds to complete a purchase.
The “Funding Goal” is the minimum amount of funds that must be pledged and collected to complete a GroupGet Campaign.
Prospective buyers, the “Campaign Co-purchasers,” register credit card information and pledge to purchase a certain amount of good(s) or service(s) by authorizing payment after the Funding Goal is met. Initially, such charges are only authorized and will only be charged to the credit card when the Campaign reaches or exceeds its Funding Goal. If the Funding Goal is not reached before the Campaign’s expiration date, the Campaign is dissolved and the credit card authorizations are released.
Once a Funding Goal is attained, GroupGets will charge each Campaign Co-purchaser’s credit card for his/her pro-rata share of the cost of the good(s) or service(s) purchased, plus an amount to cover shipping and fulfillment costs and GroupGets service fees.
GroupGets may charge processing fees or other charges (“Service Fees”) to users of our Services. GroupGets may adjust the Service Fees at any time, at its sole discretion, provided that any adjustment will only apply to Campaigns initiated after the effective date of the adjustment. You are responsible for paying all Service Fees associated with your use of the Services. If a Campaign is dissolved before reaching its funding Goal, no Service Fees associated with that Campaign will be charged to participants in the Campaign.
After the successful funding of a Campaign, GroupGets will pay for and acquire the good(s) or service(s) on behalf of the Campaign Co-purchasers and arrange delivery to the shipping address provided by each Co-purchaser. GroupGets is not responsible for any errors or omissions in the name, mailing or shipping address provided. We do however autonomously analyze and validate shipping data and will make a reasonable good faith effort to remedy user-input errors. Additional fees or costs may apply if actual and erroneously-input shipping costs differ.
When including and using Member Content on the Services, you agree that you have the legal right to do so, and agree to avoid infringing upon Intellectual Property Rights in connection with the Services as detailed below. The same conditions apply to comments, questions, and other content you might post to our Blog.
You represent and warrant:
1. Your Member Content, when used as contemplated hereunder, will not contain material subject to third party copyrights, trademark rights, or rights of privacy or publicity, or material that is subject to any other third-party proprietary rights, unless you have permission from the rightful owner of the materials or you are otherwise legally entitled to post the material and to grant GroupGets all necessary rights to use the Member Content.
GROUPGETS IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, CONTENT IN ANY POSTING MADE BY OTHER USERS ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON ANYTHING POSTED BY ANOTHER MEMBER ON THE SITE. UNDER NO CIRCUMSTANCES SHALL GROUPGETS BE HELD LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE UPON ANY CONTENT POSTED BY A THIRD PARTY ON THE SITE. IF YOU BECOME AWARE OF MISUSE OF THE SITE BY ANY PERSON, PLEASE CONTACT GROUPGETS. IF YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.
You must use our Services in a manner that is compliant with all laws, regulations, ordinances, directives, and any government imposed restrictions on your actions. For example, you cannot use our platform in a manner related to the sale of controlled substances, pornographic items, securities, regulated weapons or accessories, or anything else illegal. GroupGets reserves the right to investigate and take appropriate legal action against anyone who, in GroupGets’ sole discretion, engages in prohibited activities.
You may not use the Services in a way that:
1. Exploits, harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
2. Sends, knowingly receives, uploads, downloads, uses, or re-uses any material which does not comply with the standards set out in these Terms.
3. Transmits or procures the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
4. Impersonates or attempts to impersonate GroupGets, a GroupGets’ employee, another user or any other person or entity (including, without limitation, using email addresses or profile names associated with any of the foregoing).
5. Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm GroupGets or users of the Services or expose them to liability.
6. Could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.
7. Uses any robot, spider or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or communications related to it.
8. Uses any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose, including but not limited to communications related to it without our prior written consent.
9. Uses any device, software, or routine that interferes with the proper working of the Services.
10. Introduces any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
11. Attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
12. Attacks the Services via a denial-of-service attack or a distributed denial-of-service attack.
13. Otherwise attempts to interfere with the proper working of the Services.
GroupGets reserves the right, but is not obligated, to do any or all of the following:
1. Record the dialogue or content posted on any pages of the Site;
5. Monitor, edit, or disclose any posting on the Site;
6. Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
If you provide information that is untrue, inaccurate, out of date, or incomplete, or if you engage or use the Services in an unauthorized, fraudulent or illegal manner, or if GroupGets has reasonable grounds to suspect any of the preceding is, has or will occur, we reserve the right to immediately suspend or terminate all of your accounts, including live Campaigns, and refuse any and all of your current or future use of the Services or any portion thereof. This includes our ability to instruct our Payment Processor to release credit card authorizations.
Users may provide links to other Internet websites or resources. You access these Internet websites and resources at your own risk. We have no control over such websites and resources. and you acknowledge and agree that GroupGets is not responsible for their availability on the Services and does not endorse, is not responsible for, and shall not be liable for any damage related to the use of their content, advertising, products, services, or other materials on or available from such websites or resources.
By posting any Member Content on the Services, you hereby expressly grant, and you represent and warrant that you have a right to grant, to GroupGets and to all its affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers), transferable right to (and to allow others acting on its behalf to) use reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of the Member Content including, without limitation, your user handle, forum posts, initiated Campaign information in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
The company name, “GroupGets”, and all related names, logos, product and service names, designs and slogans (such as "a GroupGet") (collectively the " Marks") are registered or common law service marks of GroupGets, LLC or its affiliates or licensors. You agree not to use such Marks without the prior written permission of GroupGets.
GroupGets reserves the right at any time to, and from time to time may, modify, suspend or discontinue. temporarily or permanently, the Services, in whole or in part, for any reason or for no reason, with or without notice. You agree that GroupGets will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may terminate your access to any or all of the Services, without cause or notice, and, in doing so, may destroy any and all information or content associated with your account.
You may terminate your account as well, by following the instructions on the respective Services. However, any Service Fees paid to us are non-refundable.
If you do not log in to your account for two or more years, GroupGets may close your account and send any monies waiting to be disbursed to you from a Campaign to your primary address (if we have it) or, if required, escheat (send) your balance to your state of residency. GroupGets will determine your residency based on the state listed in your primary address or other information, such as your usage history. If your address is unknown or registered in a foreign country, your balance will be escheated to the state of Delaware. Where required, GroupGets will send you a notice prior to escheating or closing your account. If you fail to respond to this notice, your balance will be escheated to the applicable state. If you would like to claim any escheated balance from the state, please contact your state's Unclaimed Property Administrator.
WE TRY TO KEEP THE SERVICES OPERATING, BUG-FREE, AND SAFE, BUT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GROUPGETS, ITS AFFILIATED ENTITIES AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE SERVICES SHALL BE ACCURATE, RELIABLE OR CORRECT, (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT FUNDING OR REVENUE; (III) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, SECURE, OR ERROR-FREE, (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GROUPGETS WILL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTION, OR INACTIONS OF ANY CAMPAIGN INITIATOR OR CO-PURCHASER RELATING TO A CAMPAIGN. YOU ACKNOWLEDGE AND AGREE THAT GROUPGETS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF ANY PRODUCTS OR SERVICES, ANY CAMPAIGNS, THE TRUTH OR ACCURACY OF ANY MEMBER CONTENT OR CAMPAIGNS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A CAMPAIGN OR THE ACTIVITIES CONTEMPLATED BY A CAMPAIGN. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
For any claim where the total amount of the award sought is $10,000 or less, AAA (or ADR Provider, if applicable), you and GroupGets must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA (or ADR Provider, if applicable) rules, and the hearing (if any) will be held in a location reasonably convenient to both parties, unless the parties agree otherwise on a specific location.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GroupGets will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor GroupGets may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Dispute. Disputes may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or GroupGets' individual Disputes. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES OR THE RULES OF AN ADR PROVIDER.
The owner of the Services is based in the state of California in the United States. You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you warrant that you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC ") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, GroupGets reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.