Terms of Service
RecHub Corp. Terms of Use
2nd of December, 2022
Welcome to the RecHub Corps. Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.getgroupi.com and through our mobile application. “Service” refers to the Company’s services accessed via the Site, in which users can join real world events and activities, post images, videos, clips, events, activities, and text posts. . The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.
The following Terms of Use apply when you view or use the Service via our website located at www.getgroupi.com/terms-of-service or by accessing the Service through clicking on the application (the “App”) on your mobile device.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: www.getgroupi.com/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SERVICE
The Service allows you to join real world events and activities, post images, videos, clips, events, activities, and text posts, send messages with media, text and voice recordings .
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old and a resident of the United States to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
collect or harvest any personal data of any user of the Site or the Service
use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
use the Service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
intentionally allow another user to access your account;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide first name, last name, email address, phone number, bio, location for services, and upload media (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, libelous, false or inaccurate;
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
TICKETING SYSTEM
Purchase Order
These Terms are incorporated by reference into each purchase order, partnership form, service order, quote, service questionnaire or other similar document (each “Purchase Order”), pursuant to which you receive the right to access and use the Services to sell tickets to your Events. These Terms and the Purchase Order together comprise a binding written agreement between you and RecHub Corp, effective as of the date of mutual acceptance of the Purchase Order by you and RecHub Corp (the “Agreement”). In the event of any conflict between the provisions contained in a Purchase Order and these Terms, the provisions in the Purchase Order shall prevail.
Services and Responsibilities
RecHub Corp. ensures the Services are provided in accordance with the Purchase Order and otherwise in accordance with this Agreement so as to conform in all material respects with related product documentation provided to you by RecHub Corp. Features include access to the Ticketing Platform dashboard to view and manage Events.
Confirmations
Upon an order being placed by a Consumer and confirmed through the Ticketing Platform, RecHub Corp. generates a confirmation message and issues a unique confirmation number and QR code for such Consumer’s order. You agree to unconditionally accept, honor and fulfill all ticketing and registration commitments that have been confirmed by RecHub Corp. through the Ticketing Platform. You agree that it is your responsibility to verify a Consumer’s confirmation number and/or any event restrictions prior to the applicable event.
Service Fees
RecHub Corp. will collect a subscription fee and/or a per-ticket fee (the “Service Fee”) for each ticket sold using the Services, as specified in your Purchase Order. For the sake of clarity, RecHub Corp. will collect Service Fees for all tickets processed through the Services, which may also include where the ticket price is listed as $0 (zero) to ticket purchasers or where the tickets are printed through the Services for resale. The Service Fees collected for each Service provided by RecHub Corp. will be as specified in your Purchase Order. You agree to pay the Service Fees and other charges.
You will collect all ticket and registration sales proceeds solicited via the Ticketing Platform (including RecHub Corp. Service Fees), using third party services (such as Apple, Android pay or ACH services). When using a third party service to collect payments, you are bound by the applicable terms of service governing such service. RecHub Corp. accepts no (and disclaims all) obligation or liability with respect to such collection or the performance or nonperformance of such third party service.
Invoices for RecHub Corp. Service Fees are sent to you at transaction for Service Fees incurred in the current order, provided that our failure to send a RecHub Corp. invoice will not excuse payment obligations. You agree to pay RecHub Corp. all amounts specified on the Invoices, as applicable, in accordance with the payment option selected, including but not limited to, credit card on file. Unless otherwise specified on your Invoice, for each ticket sold, it will apply a credit card charge for credit card processing you have your own agreement.
Unless otherwise specified on your Purchase Order or agreed to in writing by RecHub Corp., the fees charged to ticket purchasers will be the Service Fees (in addition to the ticket face value) plus the credit card charge.
Refunds
Unless otherwise specified on your Purchase Order, you will have the ability, through the Services (or by request to RecHub Corp.), to issue refunds exclusively on all ticket purchasers for an Event where an Event is canceled.
Refunds you issue through the Services may include, at your discretion, a refund of any Service Fees paid by ticket purchasers, and RecHub Corp. will have the right to charge you such refunded Service Fees as compensation for work performed on all tickets sold and refunded. For the sake of clarity, RecHub Corp. will have the right to charge you the per-ticket Service Fees as compensation for work performed on any tickets sold and refunded in accordance with these Terms.
Representations and Warranties
In addition to the representations and warranties contained herein, you represent and warrant to us that:
if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation;
you, or the entity you represent (if applicable), have all requisite power and authority to enter into this Agreement, to bind such entity, and to carry out the transactions contemplated hereby;
the entering into and performing of this Agreement by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations, or require additional consent under any applicable law or contractual arrangement that you are a party to; and
you will: (i) conduct business in a manner that reflects favorably on RecHub Corp. and its good name, good will, and reputation; (ii) avoid deceptive, misleading, or unethical practices that are or might be detrimental to RecHub Corp. or the public; (iii) make no false or misleading representations, warranties or guarantees with regard to Rechub Corp. or its Services; and (iv) not represent that you are acting as an agent of or otherwise on behalf of RecHub Corp.
Further, you represent, warrant and acknowledge that you (not we) are solely responsible for ensuring that your Events are ticketed correctly, and that only valid tickets are honored. You understand and agree that RecHub Corp. is not liable for any costs arising from whether a presented ticket is or is not valid, or is or is not honored, including any tickets procured through, or representing, fraud or deceptive practices.
You shall defend, indemnify and hold RecHub Corp. harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by RecHub Corp. or which are agreed by RecHub Corp. to be paid by way of settlement or compromise, arising out of any breach of the foregoing representations and warranties.
Access to your Account
To use some of the features of the Services, you may be required to create an account and provide information about your Events, lineup, artists and venue (an “Account”). You agree to: (i) provide accurate, current and complete information as prompted by the registration from; and (ii) maintain and update the information to keep it accurate, current and complete.
As part of the registration process, you may be asked to select a username and password. RecHub Corp. may refuse to grant a username if it determines, in its sole discretion, that such username (i) impersonates someone else, (ii) is or may be illegal, (iii) is or may be protected by trademark or other proprietary rights law, (iv) is vulgar or otherwise offensive, or (v) may cause confusion. You are responsible for maintaining the confidentiality of your Account password.
RecHub Corp. is not liable for any harm caused or related to the theft or misappropriation of a username or password, disclosure of a username or password, or your authorization of anyone to use your username or password. You agree to notify RecHub Corp. immediately of any unauthorized use of your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password and immediately notify RecHub Corp. of the problem.
Ticket Allocations and Event Restrictions
You are solely responsible for accurately maintaining the number of tickets available for sale through the Ticketing Platform. RecHub Corp. will not be responsible in any way for over-selling Events (e.g., selling tickets in excess of the venue’s capacity or in excess of the number of tickets you intended to allocate to the Ticketing Platform). You agree to reimburse RecHub Corp. for any and all costs, expenses and losses incurred by RecHub Corp. due to over-selling Events, and RecHub Corp. will be entitled to deduct such amounts from any payments due to you.
When submitting an Event to the Ticketing Platform, it is your responsibility to provide any restrictions associated with such an Event. Events that require a restriction for admission, including, but not limited to, age, school or organization affiliation, or other characteristics, must be clearly stated by you upon submission to the Services. It is your responsibility to ensure that the restrictions are lawful and do not violate any federal, state, or local laws prior to submitting the Event to the Services.
Ticketing and Event Shared Content
You acknowledge that you are solely responsible for the usefulness and adequacy of all data, materials and content you provide for the Services. You represent and warrant that the Content is accurate and current, and that provision and/or use of the Content hereunder does not violate or infringe the intellectual property, privacy or publicity rights of any third party, and that all placements of Content have been approved properly.
You shall defend, indemnify and hold RecHub Corp. harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by RecHub Corp. or which are agreed by RecHub Corp. to be paid by way of settlement or compromise, arising out of any breach of the foregoing representation and warranty or any violation of applicable law by you. You shall not be entitled to settle or compromise any such claim made against RecHub Corp. without RecHub Corp. prior written consent, such consent not to be unreasonably withheld.
You grant RecHub Corp. a limited, non-exclusive right to use the Content (including copyright, trademark, patent, publicity or other rights) for RecHub Corp. to operate the Services. You shall have exclusive control of the Content which relates to the live event, venue or artist, including but not limited to any pictures and programs.
Your Interactions of Ticket Purchasers
You retain sole responsibility for your interactions with ticket purchasers, including without limitation for all services you provide to ticket purchasers and at Events. You shall defend, indemnify and hold RecHub Corp. harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by RecHub Corp. or which are agreed by RecHub Corp. to be paid by way of settlement or compromise, arising out of any of your interactions with ticket purchasers.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us [email protected].
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at 7112 Avalon Drive, Acton, MA 01720:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
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 owner, its agent, or the law; and
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.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected] or mail to the following postal address:
Customer Support
7112 Avalon Drive, Acton, MA 01720
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT WWW.GETGROUPI.COM/PRIVACY-POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.