Terms of service

Terms and Conditions

GroupGets Terms and Conditions (effective as of March 10, 2022)

Please read the terms of this agreement (the "Agreement") carefully as they form a contract between You and GroupGets ("GroupGets" or "Us" or "We"), that governs Your access and use of the websites that link to these Terms. In these Terms, the word "Sites" refers to each of these websites and the services and technologies offered on those Sites. By continuing to access and use our Sites You agree to be bound by these Terms and Condtions and our Privacy Policy.

BY ACCESSING, OPERATING, DOWNLOADING, INSTALLING, REGISTERING, OR OTHERWISE USING THE SITES, OR CLICKING AN "I ACCEPT" OR "CONTINUE" BUTTON OR CHECKBOX ASSOCIATED WITH THIS AGREEMENT, YOU (OR YOUR AUTHORIZED AGENT, IF APPLICABLE) (A) EXPRESSLY AND EXPLICITLY ACKNOWLEDGE AND AGREE THAT THIS IS A BINDING AGREEMENT, (B) ARE OVER THE AGE OF 18 YEARS OLD OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THE TERMS OF SERVICE, AND (C) HEREBY AGREE TO THE TERMS OF THIS AGREEMENT AND ACCEPT GROUPGETS'S OFFER TO USE THE GROUPGETS SITES PURSUANT TO THE TERMS HEREIN. IF YOU ARE AN EMPLOYEE OR OTHER REPRESENTATIVE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT TO GROUPGETS THAT YOU ARE (A) AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY AND BIND THE ENTITY TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND (B) YOU ARE OVER THE AGE OF 18 YEARS OLD, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY, DO NOT ACCESS, OPERATE, DOWNLOAD, INSTALL, REGISTER OR OTHERWISE USE THE GROUPGETS SITES.

You may not access the Sites if You are a direct competitor of GroupGets, except with Our prior written consent. In addition, You may not access the Sites for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Furthermore, You may not download, install, operate, or use any downloadable software created by or made available by GroupGets, other than software made publicly available by GroupGets, without the Our prior written consent.

GroupGets reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on Your use of the Sites. We further reserve the right to add or remove functionality or features, and We may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If You don't like any changes, You can stop using our Sites at any time.

GroupGets strongly recommends checking Terms and Conditions periodically. If You disagree with the provisions of the Terms and Conditions at any time, Your sole remedy is to terminate Your use of the Sites and inform us of such termination as described in the Terms and Conditions. Continued use of the Sites constitutes Your agreement to the Terms and Conditions in effect. GroupGets will communicate changes to this Agreement by posting the new version of the Agreement on its website at www.GroupGets.com or other relevant Sites, or as otherwise determined by GroupGets in its sole discretion, or as otherwise required by applicable law, at which time such updated Agreement will be immediately effective.

Other than compliance with applicable privacy laws to the extent identified in Our Privacy Policy, GroupGets makes no representations that the Sites are appropriate for use in other locations outside of the United States. If You use the Sites in or from locations outside the United States, You are responsible for compliance with all applicable laws and regulations as it relates to Your Data. Some or all of Your Data will be stored in data centers located within the United States.

Your use of the Sites may be provided by GroupGets pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of Your agreement with GroupGets, if You use the Sites. In the event of a conflict between such additional terms and the terms in this Agreement, the additional terms will control.


1. YOUR ACCOUNTS

You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, You must be at least 18 years old and You must provide truthful and accurate information about Yourself. Do not attempt to impersonate anyone else when You create Your account, and do not create an account on someone else’s behalf. If Your information changes at any time, please update Your account to reflect those changes.

You may not share Your account with anyone else. Please keep Your password confidential and try not to use it on other websites. If You believe that Your account has been compromised at any time, please notify Your system administrator or GroupGets immediately.


2. RIGHTS IN INFORMATION SUBMITTED OR POSTED BY YOU

We may provide opportunities for You or others to post certain content ("Content") on the Sites. You can only post Content if You own all the rights to that Content, or if another rights holder has given You permission.

You do not transfer ownership of Your Content simply by posting it. However, by posting Content, You understand, acknowledge and expressly grant Us, Our agents, licensees, and assigns an irrevocable, perpetual, worldwide, royalty-free, transferable, nonexclusive right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, aggregate, and otherwise use Your Content, and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the "Rights") (in whole or in part) and/or to incorporate such Content, including commentaries, reviews, notes, or other information in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You acknowledge that without these Rights, We could not offer our Sites. Please note that this license continues even if You stop using Our Sites.

You expressly agree that the burden of determining whether any Content You provide is protected as a copyright, trademark, trade secret, or other proprietary right rests solely with You, and You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, or other proprietary rights, or any other harm resulting from Your submission. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content You post.

Keep in mind that if You send Us any information, ideas, suggestions, or other communications, those communications will not be confidential. Moreover, unless we tell You otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to You. In addition, You grant to Us and Our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Sites any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation of the Sites.

Without limiting the foregoing, if any Content contains Your name, image or likeness, You hereby release and hold harmless GroupGets and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of Your name, image or likeness, and (iii) any liability for claims made by You (or any successor to any claim You might bring) in connection with Your Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of Your Content (including Your name, image or likeness). Further, if any person (other than You) appears in Your Content, You represent and warrant that You have secured all necessary licenses, waivers and releases from such person(s) for the benefit of GroupGets in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that Your participation in the Sites and submission of Content is voluntary and that You will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or GroupGets’s exploitation thereof),
and that the sole consideration for subject matter of this agreement is the opportunity to use the Sites.

Although We reserve the right to review, monitor, remove, or edit any of the information submitted, posted to, or contained within the Sites, at Our sole discretion, You acknowledge GroupGets is under no obligation to do so, and shall have no liability for any information made available via the Sites. You acknowledge that any opinions, statements, recommendations, offers, advice, or other information presented or disseminated via the Sites are those of their respective authors who are solely responsible and liable for such Content. Likewise, You are solely responsible for the content of Your postings, including, but not limited to, names, addresses, reviews, or entries posted to the Sites. GroupGets reserves the right, in its sole discretion, to refuse to post or to remove any material submitted or posted on or to the Sites.

3. ACCESS AND USE OF THE SERVICES

GroupGets.com provides a forum to connect people and payments for group purchases where users can easily and securely initiate or join a campaign to leverage the collective power of group purchasing. Further, GroupGets.com provides a platform to allow an individual, entity or non-profit organization (the “Organizer”) to post a fundraiser (“Fundraiser”) to the
Platform to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of or for the benefit of the beneficiary of the Fundraiser (“Beneficiary”). Neither the Organizer nor the Fundraiser will provide goods or services in exchange for Donations.

GroupGets is not a payment processor and does not hold any funds. Instead, GroupGets uses third-party payment processing partners to process Pledges for a Campaign and Donations for a Fundraiser (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Sites and that we exchange information with Payment Processors in order to facilitate the provision of Sites.


4. CONTENT SUBMITTED OR POSTED BY OTHERS

We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to You in connection with any Content posted by another member.

5. YOUR USE OF THIRD PARTY SERVICES

All transactions using Site services are between the transacting parties only. The Site services may contain features and functionalities linking You or providing You with certain functionality and access to third party content, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that We are not responsible for such content or services. We may also provide some content to You as part of the Site services. However, GroupGets is not an agent of any transacting party, nor are We a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between You and the applicable third-party. Similarly, We are not responsible for any third-party content You access with the Site services, and You irrevocably waive any claim against Us with respect to such sites and third-party content. GroupGets shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for Your dealings with any third party related to the Site services, including the delivery of and payment for goods and services. Should You have any problems resulting from Your use of any third-party services, or should You suffer data loss or other losses as a result of problems with any of Your other service providers or any third-party services, We will not be responsible.

6. YOUR USE OF THE SITES AND SERVICES

Please do not use the Sites in a way that violates any laws, infringes on anyone's rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). You are responsible for the accuracy, quality and legality of Content You submit and the means by which You acquired such Content, and only using the Sites in accordance with applicable laws and government regulations, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes.

You acknowledge that You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to access or use the Sites, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Sites.

You agree not to:

(i) make any Site, portion of a Site, or GroupGets Content available to, or use any Site, portion of a Site for the benefit of, anyone other than You or Your patrons, customers, or guests if applicable;
(ii) sell, resell, license, sublicense, distribute, rent or lease any Site, portion of a Site, or GroupGets Content, or include any Site in a service bureau or outsourcing offering;
(iii) use a Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
(iv) use a Site to store or transmit malicious code;
(v) interfere with or disrupt the integrity or performance of any Site or third-party data contained therein;
(vi) attempt to gain unauthorized access to any Site, portion of a Site, GroupGets Content, or its related systems or networks;
(vii) permit direct or indirect access to or use of any Site, portion of a Site, or GroupGets Content in a way that circumvents a contractual usage limit;
(viii) copy a Site, portion of a Site or any part, feature, function or user interface thereof;
(ix) copy GroupGets Content except as permitted herein or in the GroupGets User Agreement;
(x) frame, in-line link, mirror or otherwise associate any part of any Site, portion of a Site, or GroupGets Content without prior written authorization from Us;
(xi) access any Site, portion of a Site, or GroupGets Content in order to build a competitive product or service;
(xii) decompile, reverse engineer, disassemble, modify, or create derivative works of any Site, portion of a Site;
(xiii) remove any copyright notices, identification or any other proprietary notices from the Sites or any software used therewith;
(xiv) post any Content, commentary, or other information in relation to a Site unless such information is truthful, and factual, and;
(xv) enter, upload, post, or transmit to the Sites:
a. commercial content or other materials or other marketing solicitations unless expressly approved by Us in advance;
b. materials, pictures or other content that infringes or potentially violates any copyright, trademark, patent right or other proprietary right of any third party;
c. unlawful, defamatory, abusive, threatening, libelous, obscene, pornographic, or other materials, pictures or content that would violate rights of publicity and/or privacy or that would violate any law;
d. information that infringes upon the publicity or privacy rights of any person or entity;
e. unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other similar materials;
f. material that contains a virus or any other thing intended to destroy, limit, or otherwise impair the functionality of any computer software, hardware, or other equipment; and
g. information that:
i. defames, disparages, or libels a person, company, entity, or service or depicts such person, company, entity, or service in a false light;
ii. falsely states an affiliation with a person or entity, impersonates any person or entity, or uses an identity that is confusingly similar to another person's identity;
iii. manipulates identifying factors to disguise the origin of any posted content;
iv. Intentionally or unintentionally violates any applicable local, state, federal, or international law;
v. harms minors in any way; or
vi. collects or store personal data about any other user(s).

If We are required by a third-party to remove Content, or receive information that Content provided by You or to You may violate applicable law or third-party rights, We may so notify You and in such event, You will promptly remove such Content from Your systems. If You do not take required action in accordance with the above, We may disable the applicable Content and/or Sites until the potential violation is resolved.

If We, in our sole discretion, determine that You have acted inappropriately, we reserve the right to take down Content, terminate Your account, prohibit You from using the Sites, and take appropriate legal actions.

7. GROUPGETS CAMPAIGNS

A GroupGets Campaign is initiated on the Sites when a user creates a campaign profile page and publishes a Campaign the (a “Campaign Initiator”). On the Campaign profile page, the Campaign Initiator enters information describing the product(s), service(s), or fundraising Beneficiary, the minimum order quantity and price if a product or service, the funding goal, and expiration date of the Campaign. The Campaign Initiator does not collect and hold funds.

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”) and the Donors (the “Campaign Co-Donors”), register credit card information and pledge to purchase a certain amount of good(s) or service(s), or donate a certain amount of money 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 or Co-Donor’s credit card for his/her pro-rata share of the cost of the good(s) or service(s) purchased, or the amount of their pledged Donation, plus an amount to cover shipping and fulfillment costs in the case of products and services, and GroupGets service fees.

GroupGets may charge processing fees or other charges (“Service Fees”) to users of the Sites. 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 Sites. 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 involving products or services, 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. GroupGets will autonomously analyze and validate shipping data and may, in its sole discretion, choose to 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.


8. GROUPGETS FUNDRAISER CAMPAIGNS

Although there are no fees to Organizers to set up a Fundraiser, please keep in mind
that transaction fees, including credit and debit charges, are deducted from each donation (hereinafter and on the Sites referred to as “Transaction Fees”).

The Sites are administrative platforms only. GroupGets facilitates the running campaigns and the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. GroupGets is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.

All information and content provided by GroupGets relating to the Sites is for informational purposes only, and GroupGets does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Fundraisers, Charities (defined hereinafter), Donations, Donors, or any information or content relating to the Sites, You should consult Your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by You using the Sites is at Your own risk. GroupGets has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided
through the Sites is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Fundraiser.

The GroupGets platform is offered to help Organizers raise money. GroupGets merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Sites is not a solicitation of donations by GroupGets, and GroupGets does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Sites, You understand and agree that GroupGets shall not be responsible for the use of Your Donations or the amount of funds raised for the User or Fundraiser.

Donors
All Donations are at Your own risk. When You make a Donation through the Sites, it is Your
responsibility to understand how Your money will be used. GroupGets is not responsible for any offers, promises, rewards or Promotions (defined below) made or offered by Users or Fundraisers; such conduct violates these Terms and Condtions. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If You have
reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please alert our team of this potential issue and we will investigate.


a. Donors are not permitted to impose restrictions on the use of Donations by a non-profit organization, established as such under the applicable laws of incorporation (“Charity”) . To the extent that a Donation is made in response to an appeal for a particular program of a Charity, or to the extent that a Donor purports to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all Donations will be used.
b. GroupGets makes no representation as to whether all or any portion of Your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. GroupGets will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by You, any User or any Charity. You should consult Your tax advisor as to the amount of Your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.
c. Unless the Donor opts-out of such disclosure, Donor acknowledges and agrees that certain of Donor’s personal information will be shared with the Charity to which such Donor makes a Donation (including without limitation as part of a Donor List, as set forth below) and may be used by such Charity to issue official Donation receipts (or equivalent document) and in accordance with the Charity’s privacy policy. GroupGets is not responsible, and shall not be liable, for any Charity’s use of any Donor information. Certain states require written disclosures for Charities soliciting contributions.

Organizer
You, as an Organizer, represent, warrant, and covenant that:

(i) all information You provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive reasonable Users;
(ii) all Donations contributed to Your Fundraiser will be used solely as described in the materials that You post or otherwise provide;
(iii) if You receive donations believed by reasonable Donors to be raised on behalf of someone other than You (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary;
(iv) if You add a Beneficiary through the Sites, You relinquish control of the Donations, including the ability to issue refunds;
(v) You will not infringe the rights of others;
(vi) (vi) You will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for Your Fundraiser;
(vii) to the extent You share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of Your personal contacts, You have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which You shared it with us; and
(viii) (viii) You will not provide or offer to provide goods or services in exchange for Donations.

You authorize GroupGets, and GroupGets reserves the right, to provide information relating to Your Fundraiser to Donors, Beneficiaries of Your Fundraiser or law enforcement, and to assist in any investigation thereof. If You use the Sites as an agent of a Charity to raise funds for such Charity, You represent and warrant that:

(i) You are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms and Conditions;
(ii) You are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations;
(iii) all donated funds will be used solely for the purpose You have stated on and in connection with Your Fundraiser, and under no circumstances may You use the funds for any other purpose;
(iv) Your Charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States or the Income Tax Act in Canada); and
(v) if Your Charity is in the United States, Your Charity is registered with GuideStar or the IRS tax exempt organization database, or, in Canada, is listed in the Canada Revenue Agency’s database of registered charities.

Charities
All Donations are subject to a Transaction Fee for each Donation. GroupGets does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).

Without limiting the foregoing, You agree and represent, warrant and covenant not to use the Sites to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:

(i) the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which You are bound, including those of payment card providers and transaction processors that You utilize in connection with the Sites;
(ii) any election campaigns that are not run by a registered organization within the supported country;
(iii) Content or Fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible;
(iv) drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
(v) knives, explosives, ammunition, firearms, or other weaponry or accessories;
(vi) annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
(vii) gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), Promotions involving monetary rewards, including gift cards, or sweepstakes;
(viii) Content that reflects or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
(ix) the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes, or crimes of deception;
(x) activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
(xi) the funding of a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
(xii) pornography or other sexual content;
(xiii) offensive, graphic, perverse, or sensitive content;
(xiv) the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by GroupGets;
(xv) credit repair or debt settlement services;
(xvi) the receipt or grant of cash advances or lines of credit to Yourself or to another person for purposes other than those purposes clearly stated in the Fundraiser;
(xvii) publication of User Content (such as mug shots), where we deem, in our sole discretion, that the primary purpose of posting such User Content is to cause reputational harm;
(xviii) the sale or resale of a good or service;
(xix) the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
(xx) processing, where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
(xxi) the collecting or providing of funds for any purpose other than as described in a Fundraiser description;
(xxii) any other activity that GroupGets may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
(xxiii) any other activity that GroupGets may deem, in its sole discretion, to be unacceptable.

Additionally, with respect to all Donations You make or accept through the Sites, You agree and
represent, warrant and covenant:
(xxiv) not to make or accept any Donations that You know or suspect to be erroneous, suspicious or fraudulent;
(xxv) not to use the Sites in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
(xxvi) to maintain reasonable and standard security measures to protect any information transmitted and received through the Sites, including without limitation, adhering to any security procedures and controls required by GroupGets from time to time;
(xxvii) to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for GroupGets to verify compliance with these Terms and Condtions and make such records available to GroupGets upon our request. For clarity, the foregoing does not affect or limit Your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
(xxviii) at GroupGets request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by GroupGets, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, You are connected.

GroupGets reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms and Conditions or harm the interests of our Users, business partners, the public, or GroupGets, or that expose You, GroupGets, or others to risks unacceptable to us. We may share any information related to Your use of the Sites with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal or contractual obligations. This information may include information about You, Your account, Your Donors, Your Donations, and transactions made through or in connection with Your use of the Sites.

9. INTELLECTUAL PROPERTY

Using our Sites does not give You ownership of any intellectual property rights to the content You access. You may not use Content from our Sites unless You obtain permission from Us or its owner, or unless You are otherwise permitted by law.

Title, ownership and all rights and interest including, without limitation, patents, copyrights, trademarks, trade secrets and other intellectual property rights, in and to the Sites and any authorized copies made by You remain with Us and Our licensors. All text, content, and documents on the Sites, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing on the Sites, and the organization, compilation, look and feel, illustrations, artwork, software and other works on the Sites, excluding Your data (collectively, the "GroupGets Content") are owned by GroupGets and its affiliates or are used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between GroupGets and You, all right, title and interest in and to the GroupGets Content will at all times remain with GroupGets and/or its Owners. The word "GroupGets," the GroupGets logo, and other marks, logos and titles are registered and/or are common law trade names, trademarks or service marks of GroupGets. With respect to any logos or marks of any persons, entities, and/or companies commented upon or submitted by users of the Sites, and any copyrighted material submitted by users, such use is at the sole responsibility of such users and is stored upon GroupGets's servers and/or system solely at the direction of such user, and subject to the protections afforded to GroupGets as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998. See below for more details on GroupGets's policies and procedures regarding any issues related thereto.

The structure, organization, and code of the Sites are valuable trade secrets of GroupGets and its licensors and You shall keep such trade secrets confidential. The software used to deliver the Sites is neither licensed nor sold. The GroupGets Sites are protected by one or more patents, including U.S. Patent No. 9,367,527.

You acknowledge that at all times, We will remain the owner of all de-identified, raw transactional data and any other de-identified data collected, generated or otherwise derived by GroupGets in the course of providing the Sites, including usage data ("Historical Data"). To the extent it is commercially reasonable to do so, all retained Historical Data will be de-identified in a manner reasonably likely to prevent re-identification.

10. CONTENT POSTED BY OTHER USERS

GROUPGETS DOES NOT MONITOR, 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.

11. DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SITES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES, THAT THE FUNCTIONS CONTAINED IN OR SITES PERFORMED BY THE SITES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SITES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SITES WILL BE CORRECTED, OR THAT THE SITES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GROUPGETS OR A GROUPGETS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SITES AND THEIR FUNCTIONALITY IN THE USER DOCUMENTATION OR ANY COMMUNICATION WITH YOU CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMIATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL GROUPGETS LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GROUPGETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.


13. INDEMNIFICATION

You shall indemnify, defend, and hold harmless GroupGets and its Affiliates' directors, officers, employees, contractors and agents ("Indemnified Parties") from and against any and all claims, suits, proceedings, investigations or actions (collectively, "Claims") and all resulting losses payable to third parties, settlements, judgments, awards, damages payable to third parties, and any and all legal, accounting and other fees, costs and expenses reasonably incurred in connection with investigating, mitigating or defending any such Claims (collectively, "Losses"), to the extent such Losses are sustained or incurred by any of them and arise out of violation of this Agreement, Your access to or use of the Sites, any Donation or Fundraiser, any User
Content, or Your violation of any rights of another. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your data, or Your use of any Sites in breach of this Agreement, infringes or misappropriates such third party's intellectual property rights or violates applicable law (a "Claim Against Us"), and will indemnify Us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If You are a resident of another jurisdiction—in or outside of the United States—You waive any comparable statute or doctrine.

14. USER DISPUTES

You agree that You are solely responsible for Your interactions with any other User in connection with the Sites and GroupGets will have no liability or responsibility with respect thereto. GroupGets reserves the right, but has no obligation, to become involved in any way with disputes between You and any other User of the Sites.

15. GENERAL PROVISIONS

This Agreement is the entire agreement between You and Us regarding Your use of the Sites and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

You may not assign the Agreement or any rights or obligations hereunder without the prior written consent of GroupGets. Any such assignment without the prior consent of GroupGets shall be void.

No delay or omission by GroupGets to exercise any right or power will impair any such right or power or be construed to be a waiver thereof. A waiver by any party of any of the covenants, conditions, or contracts to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or contract herein contained. No change, waiver, or discharge hereof shall be valid unless in writing and signed by an authorized representative of the party against which such change, waiver, or discharge is sought to be enforced.

Your access to the Sites as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Nevada, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Nevada. The parties hereto hereby consent and agree to the exclusive jurisdiction of the state courts of the State of Nevada sitting in Washoe County, Nevada and the federal courts sitting in Reno, Nevada for any actions, suits or proceedings arising out of or relating to this Agreement and the matters contemplated hereby (and the parties agree not to commence any action, suit or proceeding relating thereto except in such courts). If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in any other jurisdiction. A printed version of the GroupGets Terms And Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

When You use a Site or send communications to us through a Site, You are communicating with us electronically. You consent to receive electronically any communications related to Your use of a Site. We may communicate with You by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by You shall be deemed delivered and effective when sent to the email address You provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with Your email address, postal address or phone number, You are agreeing that we or our agents may contact You at that address or number in a manner consistent with Our Privacy Statement.

You may not use any GroupGets logo or trademark, whether or not such mark(s) are registered, without prior written approval from GroupGets. This includes use on printed materials of any kind as well as electronic mediums such as internet web pages or email. Furthermore, the use of the GroupGets name (or any derivative thereof) in Your URL, business name, or the names of any add-on products or services You may be offering independent of GroupGets is strictly prohibited. Additionally, using the GroupGets name in paid targeted keyword advertising campaigns on search engines is also prohibited. You shall not use GroupGets's name, nor any adaptation or variation thereof, in any advertising, promotion or sales literature without GroupGets's prior written consent in each instance.

If You believe that any material posted to the Sites constitutes an infringement of a copyright, please provide the following information to our designated copyright agent at [domain] or [Phone]:

a) a description of the copyrighted work that You claim has been infringed upon;
b) a description of the allegedly infringing material and where such material is located on the Site;
c) Your mailing address, telephone number, and email address;
d) a statement that You have a good faith belief that the disputed use of the material is not authorized by the copyright holder, its agent, or the law;
e) a statement made under penalty of perjury, that the information provided in the notice to the Site regarding the claimed copyright infringement is accurate, and that You are the copyright owner or authorized to act on the copyright owner's behalf;
f) an electronic or physical signature of the copyright owner, or of a person designated to act on behalf of the copyright owner; and
g) the signatory's full legal name.