Effective Date: October 1, 2015
Last Updated Date: October 1, 2015
I. Introduction and Eligibility
Binding Agreement. These Terms constitute a binding agreement between you ("you") and GroupOut, LLC and its affiliates and subsidiaries ("GroupOut," "we," "us"). You must accept these terms in order to register to use the GroupOut Service. In addition, you accept these Terms each time you access the GroupOut Service. If you are accepting these terms on behalf of another person or a company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms. If you do not accept these Terms, you must not use the GroupOut Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version to our web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the GroupOut Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. NO PART OF THE GROUPOUT SERVICE IS DIRECTED TO PERSONS UNDER THE AGE OF 13. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the GroupOut Service.
The terms "post" or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the GroupOut Service.
II. The GroupOut Service
The "GroupOut Service" is defined as any website, software, mobile application, or Internet service under GroupOut's control, whether partial or otherwise, in connection with providing the services provided by GroupOut. The GroupOut Service provides a platform for consumers to organize and plan group events with our merchant partners (each such event, a "GroupOut Event" and each merchant, a "Merchant").
Merchant Information. Menus, event packages and other information related thereto ("GroupOut Information") have been provided by Merchants. While we make every effort to insure GroupOut Information is accurate, we can make representations or warranties as to the accuracy or reliability of any GroupOut Information. GroupOut makes no warranties or representations whatsoever with regard to any GroupOut Information provided or offered by any Merchant, and you acknowledge that any reliance on representations and warranties provided by any Merchant shall be at your own risk.
GroupOut may communicate with you by email or posting notice on the GroupOut homepage. You may request that we provide notice of any security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
Electronic Notices. By using the GroupOut Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the GroupOut Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the GroupOut Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
IV. Account Registration and How it Works
You have to register to use the GroupOut Service. Once you register, you will be able to use the GroupOut Service to plan events with Merchants.
Registration Process. The first step to using the GroupOut Service is to create a GroupOut account ("Account"). During the registration process we will ask you for your name, email address, phone number, date of birth and password. You must provide accurate and complete information in your registration application, and are solely responsible for the security and privacy of your password. We reserve the right to suspend or terminate your GroupOut Account if you provide inaccurate, untrue, or incomplete information, or fail to comply with the account registration requirements. You must provide accurate and complete information in response to our questions, and also must keep the information that you provide up-to-date in the event of any changes.
Definition of Relationship and Authorization. As a merchant payment processor, GroupOut processes payments you provide to Merchants. This means that we collect, analyze and relay information generated in connection with these payments. By accepting these Terms, you authorize us to hold, receive, and disburse funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your Account is closed or terminated.
Term and Termination. These Terms are effective on the Effective Date. You may terminate these Terms at any time by ceasing use of the GroupOut Service. All sections of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers, limitations of liability and any obligations to pay amounts accruing prior to the termination date.
V. GroupOut’s Content Ownership and Use
GroupOut owns all of the content we create, but you may use it while you use the GroupOut Service. Don't use our logo unless you have our written permission.
The contents of the GroupOut Service include: designs, text, graphics, images, video, information, logos, button icons, software (including mobile applications and hosted software services), audio files, computer code, and other GroupOut content (collectively, "GroupOut Content"). All GroupOut Content and the compilation (meaning the collection, arrangement, and assembly) of all GroupOut Content are the property of GroupOut or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the GroupOut Content solely for the use of the GroupOut Services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the GroupOut Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original GroupOut Content on any copy you make of the GroupOut Content.
GroupOut Marks. GroupOut, the GroupOut logo, and other GroupOut logos and product and service names are or may be trademarks of GroupOut (the "GroupOut Marks"). You may not display or use the GroupOut Marks in any manner without our prior written permission and may only display or use the GroupOut Marks as solely enabled by any link as provided by us.
All GroupOut Rights Reserved. You acknowledge that the GroupOut Content license granted above confers no title or ownership and is not a sale of any rights in the GroupOut Content. You also understand and agree that these Terms are not intended to confer, and do not confer, any rights or remedies on any person other than a non-exclusive, non-transferable, non-sublicensable, limited license. GroupOut retains all intellectual property rights in the GroupOut Service and GroupOut Content, including, without limitation, all patent, copyright and trademark rights. All rights not expressly granted to you are reserved solely to GroupOut. There are no implied licenses granted hereunder.
VI. Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you post to the GroupOut Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people's content or they may be able to sue you for violating their legal rights.
GroupOut Claims No Ownership. The GroupOut Service may provide you with the ability to create or post content, including GroupOut Event specifications, reviews and pictures for our blog ("Your User Content"). GroupOut claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the GroupOut Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the GroupOut Service, any right, title, or interest in or to such content delivered via the GroupOut Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the GroupOut Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the GroupOut Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the GroupOut Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the GroupOut Service.
The GroupOut Service contains content from users and other GroupOut licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the GroupOut Service.
VII. User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by other users and third parties, including Merchants. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk.
Prohibited GroupOut Service Uses
Don't do bad things with GroupOut. Don't do bad things to GroupOut. Thank you kindly.
You agree to use the GroupOut Service only for its intended purpose. You must use the GroupOut Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the GroupOut Service are prohibited. You may not attempt to do, or do, any of the following:
1. Aggregate, copy, or duplicate any GroupOut Content;
2. Use data mining, robots, or other data gathering devices on the GroupOut Service;
3. Remove, disable, damage, circumvent, or otherwise interfere with the security of the GroupOut Service;
4. Interfere with the proper working of the GroupOut Service;
5. Gain unauthorized access to the GroupOut Service or computers linked to the GroupOut Service;
6. Reverse engineer, the GroupOut Service;
7. Frame or link to the GroupOut Service without permission;
8. Submit a virus to the GroupOut Service;
9. Take any action imposing an unreasonable or disproportionately large load on GroupOut’s infrastructure;
10. Obtain unauthorized access to other users’ accounts;
11. Sell, transfer, or assign any of your rights to use the GroupOut Service to a third party without our express written consent;
12. Use the GroupOut Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to GroupOut or others;
13. Use the GroupOut Service in an illegal way or to commit an illegal act;
14. Access the GroupOut Service from a jurisdiction where it is illegal, unauthorized, or penalized;
15. Post any libelous, defamatory, obscene, pornographic, abusive or otherwise illegal material; or
16. Use the GroupOut Service to send spam, threats, profanity or hate speech, including any material that abuses or discriminates on the basis of race, religion, nationality, sexual preference, gender, age, etc.
VIII. Payments and Billing
You must pay for GroupOut Events. The Merchant that you plan your GroupOut Event with is solely responsible for providing you with the GroupOut Event.
Fees. You agree to pay the applicable charges for any orders you place through the GroupOut Service, whether or not you attend the GroupOut Event requiring such payment. Our Merchants reserve the right to change the amounts they charge for goods and services at any time. All balances and all fees, charges, and payments collected or paid through the Service are denominated in US dollars.
Refunds and Returns. If you cancel your GroupOut Event within the specified cancellation period, we will refund you any monies you may be owed. Any other disputes over payment must be handled with the Merchant with whom you booked your GroupOut Event.
Additional Terms of Sale. All GroupOut Event purchases are valid for “dine-in” only, unless otherwise stated by the Merchant. For our cancellation policies, please see our booking policy here. Our Merchants may, in their sole discretion, refuse service should you and/or your party arrive at a restaurant more than 15 minutes after your scheduled time, and no refunds will be given in such instances. If you are purchasing alcohol during your GroupOut Event, you represent and warrant that you are 21 years of age or old and will present a valid government-issued identification to the Merchant upon request. Merchants, in their sole discretion, reserve the right to substitute any ingredient or menu item and will make effort to provide you with notice of such changes.
IX. Consequences of Violating These Terms
If you violate these terms, we may refuse to provide the GroupOut Service to you.
We reserve the right to suspend or terminate your GroupOut Account and prevent access to the GroupOut Service for any reason, at our discretion. We reserve the right to refuse to provide the GroupOut Service to you in the future. Perpetual licenses granted by you to GroupOut remain in full force and effect.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the GroupOut Service.
X. GroupOut's Liability
We're always working to improve GroupOut services. As we grow we may make changes to the GroupOut Service. These changes may occur at any time and without notice. We'll try to keep you informed of any major changes in our development blog.
Changes to the GroupOut Service. We may change, suspend, or discontinue any aspect of the GroupOut Service at any time, including hours of operation or availability of the GroupOut Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the GroupOut Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release GroupOut of all claims, demands, and damages in disputes among users of the GroupOut Service. You also agree not to involve us in such disputes. Use caution and common sense when using the GroupOut Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the GroupOut Service, including inventory availability at local businesses. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the GroupOut Service. Use the GroupOut Service at your own risk.
Third-Party Websites. The GroupOut Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the GroupOut Service.
Released Parties Defined. “Released Parties” include GroupOut and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
We are not responsible for anything GroupOut users do when using the GroupOut Service. You use the GroupOut Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE GROUPOUT SERVICE IS AT YOUR SOLE RISK, AND THE GROUPOUT SERVICE AND GROUPOUT CONTENT ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY MERCHANTS OR RESULTS THAT MAY BE OBTAINED BY CONSUMERS THAT USE THE GROUPOUT SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE GROUPOUT SERVICE OR GROUPOUT CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE GROUPOUT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GROUPOUT SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU OBTAINED THROUGH THE GROUPOUT SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE GROUPOUT SERVICE OR GROUPOUT CONTENT WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GROUPOUT SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GROUPOUT SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE GROUPOUT SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE GROUPOUT SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE GROUPOUT SERVICE, GROUPOUT CONTENT, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GROUPOUT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON GROUPOUT WEBSITES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY GROUPOUT UNLESS SPECIFICALLY STATED OTHERWISE.
THE GROUPOUT SERVICE IS CONTROLLED AND OPERATED FROM FACILITIES IN THE UNITED STATES. GROUPOUT MAKES NO REPRESENTATIONS THAT THE GROUPOUT SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE GROUPOUT SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE GROUPOUT SERVICE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE SERVICE ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES LOCATED IN THE UNITED STATES.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not responsible for any outcome of using the GroupOut Service. If you use the GroupOut Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROUPOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GROUPOUT SERVICE OR GROUPOUT CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE GROUPOUT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE GROUPOUT SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE GROUPOUT SERVICE. 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 LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE GROUPOUT SERVICE OR YOUR USE OF GROUPOUT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID (IF ANY) TO USE THE GROUPOUT SERVICE, OR (B) $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (w) your use of the GroupOut Service for unlawful purposes, (x) your use of or reliance on any GroupOut Content, (y) your breach of these Terms, or (z) your violation of any rights of a third party. We shall provide notice to you promptly of any such claim, suit, or proceeding.
You acknowledge that any breach of these Terms by you would cause irreparable injury to GroupOut for which monetary damages would not be an adequate remedy and, therefore, GroupOut will be entitled to seek injunctive relief (including specific performance) in any court of competent jurisdiction
XI. Copyright Policy
Let us know if you think a user has violated your copyright using the GroupOut Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the GroupOut Service infringe your copyright, you (or your agent) may send GroupOut a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the GroupOut Service are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GroupOut to locate the material on the GroupOut Service;
4. Your name, address, telephone number, and email address (if available);
5. 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
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 infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GroupOut a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the GroupOut Service should be sent to 213 W 135th St., Apt. 1B, New York, NY 10030 or to team@GroupOut.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
XII. Suggestions and Submissions
GroupOut welcomes your suggestions! If you’re happy, we’re happy. We have a suggestion box – firstname.lastname@example.org. Use it, if you please! We disclaim: suggestions are anonymous and we may use them to improve GroupOut services without notice, compensation, or attribution.
We appreciate hearing from our users and welcome your comments regarding the GroupOut Service. Please be advised, however, that we do not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While we value your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send us creative ideas, we:
1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
XIII. General Terms
These Terms constitute the entire agreement between you and GroupOut concerning your use of the GroupOut Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GroupOut without restriction. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the GroupOut Service.
These Terms and the relationship between you and GroupOut shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and GroupOut agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the GroupOut Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue GroupOut in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
213 W 135th St., Apt 1B
New York, NY 10030