1. MODIFICATIONS TO THIS AGREEMENT
2. YOUR REGISTRATION OBLIGATIONS
We provide the Services for the personal use by individual Users and business usage by our Advertisers. We make no claims of accuracy regarding any information found on the Site. To become a member and use the Services and Information found on GrouperUSA.com, you will be required to register with GrouperUSA.com by completing a registration form and designating a username and password. When registering with GrouperUSA.com you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username or password. You agree to immediately notify GrouperUSA.com of any unauthorized use of your username or password or any other breach of security. GrouperUSA.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
3. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with GrouperUSA.com, you understand that we may send you communications or data from GrouperUSA.com regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding GrouperUSA.com products, services, or those of our advertisers via electronic mail as well as “Push” and text messaging through the GrouperUSA.com App.
4. USER CONDUCT POLICY
GrouperUSA.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit GrouperUSA.com response to a future complaint. You acknowledge and agree that GrouperUSA.com shall not assume or have any liability for any action or inaction by GrouperUSA.com with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users. Additionally, GrouperUSA.com reserves the right to terminate your access to and use of the Services, if, in our view, your conduct fails to align with our strategic mission and vision. GrouperUSA.com reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any User Content that is objectionable in nature, (any such User Content being "Objectionalbe Content") or to terminate access to and use of the Services by any User who posts Objectionable Content. The Site and the Services may from time to time include features or information some may deem as Objectionable Content. GrouperUSA.com reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to change, add, remove or selectively allow User Content or require the usage of Site Services by any User who desires to post Objectionable Content, be terminated. GrouperUSA.com’s code of conduct includes but is not limited to the following:
- A You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes or degrades, the GrouperUSA.com Site, computer systems and network, or the Services.
- B You may not attempt to interfere with any other person’s use of the Services.
- C You may not misrepresent your identity or impersonate any person, or use the account, username, or password of another User at any time.
- D You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
- E You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
- F You may not use the Services to participate in, plan, or disseminate information related to potentially objectionable activities or activities that are illegal.
- G You may not engage in any illegal or unauthorized copying of another person’s copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed, copy-protect devices, (3) advertiser logo’s, images or other information shown in advertisements, or (4) otherwise violates another person’s proprietary rights.
- H You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
- I You may not use the Services to exploit people in a sexual or violent manner.
- J You may not use the Services to solicit passwords or personal identifiable information for commercial or unlawful purposes.
- K You may not use the Services for defaming, abusing, harassing, ridiculing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
- L You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
- M You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
- N You may not use the Services to download any material sent by a GrouperUSA.com party or another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
- O You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services, the App, or the Site.
- P You may not use the Services to harvest or otherwise collect information about others.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of GrouperUSA.com. Should your access to and use of the Services be terminated, you have the right to appeal such termination by writing to support@GrouperUSA.com.
5. INTELLECTUAL PROPERTY RIGHTS AND NOTICES
All contents of the GrouperUSA.com Site, App, and Services including but not limited to design, text, software, configurations, advertisements, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2017 GrouperUSA, LLC and/or the proprietary property of GrouperUSA, LLC’s advertisers, suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of GrouperUSA.com and/or it advertisers, suppliers, affiliates, or licensors. All rights reserved. GrouperUSA.com, the GrouperUSA.com logo, and GrouperUSA, LLC, are including without limitation, either trademarks, service marks or registered trademarks of GrouperUSA, LLC, and may not be copied, imitated, or used, in whole or in part, without GrouperUSA, LLC’s prior written permission or that of our advertisers, suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
6. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
GrouperUSA.com respects copyright law and expects Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GrouperUSA.com’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Web site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
GrouperUSA.com's Agent can be reached at: Attn: GrouperUSA.com Copyright Agent GrouperUSA, LLC 4025 Cattlemen Road, #180 Sarasota, FL 34233 E-mail: email@example.com
7. THIRD PARTY CONTENT, SITES AND SERVICES
The Services provide access to User Content and contain features and functionalities that may link you or provide you with certain information or functionality and access to other third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, independent contractors and their products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We are not responsible for any User Content or other third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and User Content or other third party content. You should make whatever investigation you feel necessary or appropriate before relying on any User Content or information provided on the GrouperUSA.com site by any GrouperUSA.com Party before proceeding with any transportation, travel plans, or online/offline transaction with any of these third parties. You are solely responsible for your use of any User Content or information provided on the site GrouperUSA.com by any GrouperUSA.com Party and for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.
9. GrouperUSA.com MAKES NO WARRANTIES
GrouperUSA.com intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Site and App content are User provided so GrouperUSA.com cannot and will not attempt to ascertain the correctness of such content. GrouperUSA.com may make changes and improvements to the information provided herein at any time.
GROUPERUSA.COM PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROUPERUSA.COM, ITS ADVERTISERS, AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “GROUPERUSA.COM PARTY,” AND COLLECTIVELY, THE “GROUPERUSA.COM PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE GROUPERUSA.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY GROUPERUSA.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT, YOUR USE OF THE SOFTWARE, SERVICE, MAPS, DRAWINGS, OR YOUR RELIANCE ON ANY INFORMATION ON THE GROUPERUSA.COM SITE PROVIDED BY ANY GROUPERUSA.COM PARTY, USER OR OTHER THIRD PARTY, EVEN IF SUCH GROUPERUSA.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS AGREEMENT IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GROUPERUSA.COM PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
11. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WE MAY CHANGE THE APP, SOFTWARE, AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THIS AGREEMENT, THE GROUPERUSA.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. GROUPERUSA.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY INFORMATION, SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. TERMINATION OF SERVICE
We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON GROUPERUSA.COM’S SYSTEMS MAY NOT BE RETRIEVED LATER.
14. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
15. NOTICES TO GROUPERUSA.COM
You may notify us by e-mail at firstname.lastname@example.org or by postal mail at: GrouperUSA.com 4025 Cattlemen Road, #180 Sarasota, FL 34233
16. OTHER TERMS