Terms of Service

Last Updated May 3, 2018

This website is operated by GroupTools, LLC (GroupTools). Throughout the site, the terms “we”, “us” and “our” refer to GroupTools. GroupTools offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any enhancements to this site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

DESCRIPTION OF SERVICES

We make various services available on this site including, but not limited to, Web-based software for the purpose of managing events, projects and business-related details as well as collecting event registration information and fees. Any associated fees for the various services are described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, tablet and/or handheld electronic devices and your own Internet access (including payment of telephone or cable service fees associated with such access).

We reserve the sole right to modify or discontinue the site, including any services and features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right, except to refund to you, on a pro-rated basis, any monies prepaid by you for any fee-based services that we discontinue. Modifications may include, but are not limited to, changes in the pricing structure and the addition of fee-based services.

You understand and agree that delays or interruptions of the services available through this site may occur. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. Accordingly, we shall not be responsible for any delays or interruptions of this site and do not warrant or make any representations that this site will be available at all times or at any time. We are not responsible for any losses or damages that may result from such delays, interruptions or loss of access.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, user data or personalization settings.

We attempt to be accurate with respect to the content provided and in our electronic communications. However, we do not warrant that the product and service descriptions, prices, processes or any other content of this site or of any other electronic communication is accurate, complete, reliable, current or free of errors.

EVENT REGISTRATION AND TICKETING SERVICES

We may offer services relating to the ability to sell and/or distribute tickets, solicit and collect donations, and collect attendee registration payments and information for events that Account Owners and Users are organizing and/or promoting, which can include but is not limited to the ability to create event registration forms and Websites, collect credit card payments via those forms and websites, and create and send event-related email notifications.

Note that, in offering these services, we only provide the ability to list and promote events and collect registration data as well as to facilitate the sale of tickets and collection of payments through a third-party payment processor. GroupTools is not a party to any event organized, posted or promoted by Account Owners or Users through our site. At all times, Account Owners and Users are the owners and organizers of the events that they post and promote via our services, and it is their obligation and responsibility that the events they are posting and promoting comply with all applicable laws and regulations; are accurately described and being offered in good faith; and are satisfactorily delivered.

As such, GroupTools is in no way responsible for the accuracy or legitimacy of such events and all transactions, rights and obligations for the purchase and sale of tickets and registrations related to such events are solely between Account Owners/Users and the buyers of these items, which includes but is not limited to Attendees. Furthermore, it is the responsibility of Account Owners/Users and the buyers of these items, which includes but is not limited to Attendees, to resolve any disputes arising from the purchase and sale of such items.

GroupTools reserves the right to cease registration and ticketing for any event, terminate accounts and, if necessary, withhold ticket or registration payments if we determine that Account Owners and/or Users are engaged in abusive or fraudulent activities, including but not limited to misrepresenting their services; violating copyright laws; sending unauthorized email or spam; and using Event Registration/Ticketing Payment Collection; Fees; Refunds

INVOICE PAYMENT COLLECTION AND FEES

We offer WePay, Inc. ("WePay") as one of our third-party payment processors. In order for you to use WePay's payment processing services, you must register with WePay as a merchant. WePay's terms of service (the "WePay Terms") explain that process, and are available here: https://go.wepay.com/terms-of-service-us. WePay's Privacy Policy is available here: https://go.wepay.com/privacy-policy-us By accepting these Terms, you agree that you have reviewed the WePay Terms and Privacy Policy for the country in which you are located and agree to them. Please note that we are not a party to the WePay Terms or Privacy Policy and that we have no obligations or liability to you under the WePay Terms or Privacy Policy or for any services that WePay provides to you. If you have questions regarding WePay or the WePay Terms or Privacy Policy, please contact WePay at https://support.wepay.com/hc/en-us.

If Account Owners or Users choose to collect credit card payments from Attendees, GroupTools and our third-party processors will assess standard fees to each credit card transaction at the time of payment, which you agree to pay in full. These fees may include but are not limited to transaction fees, service fees, processing fees and royalties, and they will be assessed when an Attendee submits their registration and payment details. Such fees are posted elsewhere on this site, and we reserve the right to change these fees at any time. Account Owners and Users can elect to absorb these fees into the price of each registration/ticket (in which case the fees will be deducted from the listed price of each registration/ticket at the time of purchase) or to pass these fees onto Attendees (in which case the fees will be added to the listed price of each registration/ticket at the time of purchase and will be paid by the Attendee). GroupTools does not assess standard fees for free registrations/tickets.

The payout procedures - including payout waiting periods - for credit card payments that have been collected are set by our third-party payment processor and may be posted elsewhere on this site as a convenience. These payout procedures are subject to change without notice from the third-party processors, and as such we do not warrant that the payout information posted on this site is accurate, complete or free from errors. Payouts will be made minus any standard fees as described above. We and our third-party payment processors reserve the right to hold registration/ticket payments in reserve if we deem it necessary based on potential fraud, refund, chargeback or other types of risk and to release held funds at our discretion.

We may also allow Account Owners and Users to track manual check and cash payments from attendees as well as, to the extent available, provide a record of payments from attendees. We do not warrant that these records are accurate, complete, reliable, current or free of errors.

For all registration/ticket payments collected, Account Owners and Users are responsible for payment and reporting of any applicable taxes. We accept no responsibility or obligation to assess the applicability of taxes or to collect and report any such taxes.

With regard to refunds, it is the sole discretion of Account Owners and Users to make refunds available for registration/ticket payments made by your Attendees, with the exception that you must provide a full refund or similar make-good to Attendees if you are unable to provide the services you have advertised and/or promoted through GroupTools (such as in the case of a cancelled event). Account Owners and/or Users are required to and agree to post refund policies in the allotted area of the registration page (even if you opt for a "No Refund" policy), including but not limited to details on if and/or how attendees can request a refund, expected response time to refund requests, and refund timelines and deadlines.

To facilitate refund requests, GroupTools provide functionality for Attendees to view their registration/ticket details and, if refunds are being offered, request a refund. Once a refund is requested, it is the responsibility of the Account Owner and/or Users and the Attendee to resolve any disputes arising from the purchase and sale of registrations, tickets and merchandise, and GroupTools is under no obligation to serve as an intermediary or to resolve such disputes.

For information on chargebacks on registration/ticket payments, consult the WePay Terms of Service at: https://go.wepay.com/terms-of-service-us. If excessive refunds or chargebacks are made on registration/ticket payments, we reserve the right to investigate such instances, cease registration and ticketing for any event, terminate accounts and assist third-party payment providers to obtain appropriate reimbursement by any lawful means.

Registration Data and Security

To access some of the services on this site, Account Owners will need to complete our online registration process to set up an account and password, which requests certain information and data ("Account Registration Data"), and to maintain and update your Account Registration Data as required. By registering, Account Owners agree that all information provided in the Account Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. This is especially important with respect to your email address, since that is the primary way in which we will communicate with Account Owners about your account.

Account Owners can provide account access to other Users, and they can also give these Users permission to invite additional Users into their account. All Users are required to create a username and password in order to access the account. It is the responsibility for Account Owners and Users to maintain and update your contact information, including but not limited to email addresses, in order to keep it current, complete and accurate. We are not responsible for any issues stemming from inaccurate or outdated registration or contact information, which can include but is not limited to account access and dropped or bounced email communications.

Account Owners and Users are solely responsible for maintaining the confidentiality of your passwords and account, restricting access to your account and computer, and for any and all statements made, acts or omissions and any other activities that occur through the use of your password and account, including any email sent and any charges incurred. Therefore, Account Owners and Users must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask Account Owners and Users for your password. Account Owners may not transfer your account to anyone unless you provide written approval as well as a valid proof of identity, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

Account Owners also grant us the right to disclose to third parties your Account Registration Data and other information we obtain through your use of this site ("Account Owner Data"). Our use of Account Owner Data is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy. View our Privacy Policy.

THIRD PARTY SITES, PROVIDERS, AND INFORMATION

This site may link or connect you and/or your account to other sites or services on the internet or otherwise include references to information, documents, software, materials, products and/or services provided by other parties including, but not limited to, third party websites, web based services and advertisements offered by third parties. You may enter into correspondence with or participate in these third party websites and/or services and promotions of the advertisers on this site. These other sites and parties are not under our control, and you acknowledge that we are not responsible for and shall not be liable for the performance, accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. In addition, you acknowledge that we are not responsible for and shall not be liable for the accuracy, copyright compliance, legality, decency or any other aspect of any advertisements, promotions or marketing messages offered by third parties on this site.

Our site may provide links, portals or other connections for third parties that may permit or facilitate communications and transactions between you and third parties. This can include but is not limited to providing connections to third-party payment processors for the purposes of collecting credit card and ACH/e-Check payments. We accept no responsibility, shall not be liable for and do not guarantee the performance of these third parties. All communications, transactions and any other interactions with third parties including, but not limited to, payment processing, shipments, customer service and returns involving products and services provided by third-parties are the responsibility of these third parties, and you are bound to their terms and conditions during such transactions. The inclusion of such a link, connection, process, reference or advertiser is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Any such service, correspondence or promotion or any such purchase, sale and use of goods and services, including the delivery of and the payment for goods and services and the use of payment processing services, and any other terms, conditions, warranties or representations associated with such services, products, correspondence or promotions, are solely between you and the third party website, service and/or advertiser. We assume no liability, obligation or responsibility for any part of any such product, service, correspondence or promotion.

GENERAL CONDITIONS

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

CONDUCT ON SITE

Your use of the GroupTools.com site, as applicable, is subject to all applicable laws and regulations, including Netiquette and anti-spam laws, rules and regulations, and Account Owners and your Users, Attendees, clients, employees, contractors, contacts and representatives, as applicable, are solely responsible for compliance with all applicable laws and regulations and the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, hosting services, hosted websites, hosted electronic forms, email services or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Solicits others to perform or participate in any unlawful acts;
  3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  5. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  7. Impersonates any person or entity, including any of our employees or representatives; or
  8. Offers false or misleading information.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by anyone other than ourselves. We generally do not pre-screen, monitor, or edit the content posted by people using the communications services, chat rooms, message boards, newsgroups, software libraries, hosting services, hosted websites, hosted electronic forms, email services or other interactive services that may be available on or through this site. However, we and our agents have the right at our sole discretion to remove any such content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. Account Owners and Users hereby consent to such removal and waive any claim against us arising out of such removal of content. See User's Materials below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In regard to email, instant messaging or other textual communications sent through the site, Account Owners and your Users, clients, employees, contractors, contacts and representatives agree to send communications using our services only to those recipients who have a clear relationship with you and/or your organization or who have expressly indicated their desire and/or have opted-in to receive communications from you and/or your organization. Accounts Owners and your Users, clients, employees, contractors, contacts and representatives may not use our site to send communications to any individual who has indicated a desire not to receive communications from you. Account Owners and your Users, clients, employees, contractors, contacts and representatives may not use the site to send communications to email lists or addresses that have been rented, purchased, appended or otherwise obtained from a third party or that have been collected or "scraped" using a script or other harvesting method or that have been obtained without the email address owner's knowledge or consent. In the content of your email communications, Account Owners and your Users, Attendees, clients, employees, contractors, contacts and representatives may not use misleading language or imagery, and your emails must pertain only to the event you are promoting and must indicate that they are promotional in nature. If you fail to comply with any of the rules listed above as well as if you exceed industry-standard bounce rates, spam complaint rates or unsubscribe rates, we reserve the right to immediately suspend your communication and emailing privileges and/or terminate your account.

In addition, Account Owners and Users may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. Account Owners and Users shall not interfere with anyone else's use and enjoyment of the site or other similar services. Account Owners and Users who violate systems or network security may incur criminal or civil liability.

Account Owners agree that we may at any time, and at our sole discretion, terminate your registration and subscription without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ELECTRONIC COMMUNICATIONS

You are communicating electronically with us when you visit this site, provide information by means of the site, or send e-mail to us. As an Account Owner or an Attendee of an event posted and promoted via the software, you consent to receive communications from us electronically. We will communicate with you by e-mail and by posting information or notices via the site, as applicable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY INFORMATION

Copyright 2018 (c) GroupTools, LLC

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, text, site design, processes, Web site screens, images, logos, icons, code and data compilations as well as the organization and layout of this matter and other material and services that can be viewed by users on or visitors to our site. This includes, but is in no way limited to, message boards, chat, and other original content. We do not direct our product and service offerings to persons under the age of 18.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of or used with permission by GroupTools, LLC and/or its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Furthermore, you may not attempt to reverse compile, disassemble or otherwise reverse engineer the software code for this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Account Owners may access and use the site (including any services, documents or information from this site) solely for personal and business use, and Account Owners and Users may not distribute, license, sublicense or resell any portion thereof to any other person or entity. Reselling includes, but is not limited to, receiving compensation or benefits (monetarily or in trade) from Users who i) are not clients for whom you are planning events and ii) are using the account as part of the offerings you provide to them; these Users can include, but are not limited to, contractors, subcontractors, vendors, franchisees and network members. Inappropriate use of the site also includes, but is not limited to, using it for purposes of creating an online network or to provide free or paid access to Users who are not clients (i.e., people who have hired the Account Owner or their organization to plan and/or manage an event). Account sharing (i.e., two or more separate business entities sharing one account) is also prohibited. We reserve the right to immediately terminate the account of any Account Owner suspected of violating these limitations and to seek all available legal remedies.

Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

You shall not use or permit any third party to use our property, the content of the site or the name, trademarks or trade names of GroupTools, LLC  without prior express written consent from us. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of GroupTools, LLC or its affiliates.

USE, DATA STORAGE, AND RESPONSIBILITY FOR BACK UP DATA

Account Owners and Users acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. Account Owners and Users agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. Account Owners and Users acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. We reserve the right to shut off an Account Owner's account and delete all account information either (i) six (6) months after account cancellation or (ii) after the account has lain dormant for two (2) calendar years whichever arrives sooner. Account Owners and Users further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Account Owners are solely responsible for any information contained in your online accounts, portfolios and outward facing communications. However, if complaints are received regarding language, content, or graphics contained in any online account, portfolio or outward facing communications, we may, at our sole discretion, remove the images and content hosted on our servers and terminate the account. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts created by Account Owners operate on shared resources. Excessive use or abuse of these shared network resources by an Account Owner and your Users may have a negative impact on all other Account Owners and Users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of an account or limitation of account activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Account Owners and Users should not rely on the site as your only storage facility. It is your responsibility to back up any data submitted or otherwise used with respect to this site. Account Owners and Users agree that we are not responsible for any loss of data stored on our sites under any circumstance and you agree that you will not hold us liable for any loss of data that may occur including, but not limited to, your files and your discrete pieces of information.

USER'S MATERIALS; SUBMISSIONS

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.

GroupTools does not solicit submissions, in any form or by any means of transmission whatsoever, of product, feature, service, marketing, user interface, programming code, advertising and/or creative suggestions, ideas and/or proposals as well as product samples and/or prototypes (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that (i) we are not liable for any use, disclosure, or return to you of your Submission, (ii) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (iii) you understand that you will not be entitled to any compensation from us based upon your Submission or our use thereof, (iv) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (v) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.

If you post text, reviews, comments, photos, videos or other materials or content on this site, send communications to us or submit Submissions, you hereby grant GroupTools a perpetual, paid-up, non-exclusive, royalty-free irrevocable license and fully sublicensable right to make, use, modify, adapt, create derivative works from, publish, translate, reproduce, display and distribute such materials, content and Submissions (and any intellectual property contained therein) throughout the world, in any medium or technology of any kind now existing or developed in the future. You grant GroupTools and its sublicensees the right to use the name that you submit in connection with such materials and content, if they choose. You represent and warrant that you own or otherwise control all of the rights to any Submission and in the materials and content that you post; that the content is accurate; that use of any Submission, materials or content you supply does not and will not cause injury to any person or entity; and that you will indemnify GroupTools and its sublicensees for all claims resulting from any Submission, materials and content you supply. GroupTools has the right but not the obligation to monitor and edit or remove any activity or content on this site and takes no responsibility and assumes no liability for any materials or content posted by you or any third party.

We respect the intellectual property of others, and we ask you to do the same. If you or any person using the site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. The services of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:
GroupTools, LLC
1258 Purdytown Turnpike
Lakeville, PA 18438

Email: support (support@grouptools.com)

Account Owners and Users acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

DISCLAIMER OF WARRANTIES

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS AFTER OUR DELIVERY OF THE PRODUCT OR SERVICE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users, vendors and services. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, transaction or account fees, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/provider or purchaser/user of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, Account Owner, User, or other person or entity not connected with us. We do not endorse, nor are we responsible or liable for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized GroupTools spokesperson speaking in his/her official capacity.

LIMITATION OF LIABILITY

Except as may be otherwise limited in these Terms of Use, the Account Owner's exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the three (3) month period before the act giving rise to the liability. In no event shall our total liability to the Account Owner for damages exceed the amount paid by you to us during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO AN ACCOUNT OWNER, USER, ATTENDEE OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM OUR NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM, LOSS OF USE, DATA OR PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS, DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR USE OF THE SITE OR THESE TERMS OF USE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS, INCLUDING BUT NOT LIMITED TO EVENT REGISTRATIONS AND TICKETS, OR THE COLLECTION OF PAYMENTS.

COMPLIANCE WITH LAWS; INTERNATIONAL USE

We make no representation that the products and services available through our site are appropriate, available, in compliance with all laws or regulations or legal for use in locations within or outside of the United States, and accessing them from states or territories where such products and services are illegal is prohibited. Those who choose to access this site and purchase services from us or through third parties available or linked to this site do so on their own initiative and are responsible for use of all such services in compliance with all applicable federal, state and local laws and regulations. Any offer for any service, and/or information made available in connection with this site is void where prohibited.

INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from any and all liabilities, claims, costs (including, without limitation, settlement costs), and expenses (including attorney's fees), that directly or indirectly arise from your use or misuse of this site including, but not limited to, (i) your use or misuse of any information, product or service supplied by us or third parties; (ii) any products, services or activities undertaken by us on your behalf; and (iii) your sale of any products and services or other operation of your business. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

GOVERNING LAW

These Terms of Service (including its interpretation, application, validity, performance and breach) and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of PENNSYLVANIA.

ATTORNEYS FEES

If any legal action is initiated by either of the parties hereto, the prevailing party shall recover from the other party reasonable costs and attorney's fees in addition to any other relief that may be awarded.

NOTICES

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention (GroupTools) if by email, or at GroupTools, LLC, 1258 Purdytown Turnpike, Lakeville, PA 18438 if by conventional mail. Notices to the Account Owner may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform the Account Owner of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five business days after the mailing date, if sent by US mail, return receipt requested; (iv) on the delivery date if transmitted by electronically confirmed facsimile; or (v) on the delivery date if transmitted by electronically confirmed email.

TERMINATION OF USE

The Account Owner and Users agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Upon termination or suspension, regardless of the reasons therefore, the right of the Account Owner and Users to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at (info@grouptools.com)