GROOFER.COM TERMS OF SERVICE
2. Modifications of Terms of Service. The Company reserves the right, at its sole discretion, to modify or replace the TOS at any time by posting an amended TOS on the Site. Use of the Service by you following such modification constitutes your acceptance of the terms and conditions of the TOS as modified. We recommend that you periodically check the Site for changes to the TOS.
3. Certain Definitions.
“Content” means search results, links, videos, Feeds and social streams accessible from the Site whether sourced by the Service or by any User; User submitted profile information, interest areas, keywords, questions, messages, comments, ratings, searches, and any navigation pattern or behavior exhibited on the Site; groups created and joined by Users of the Service and any other information otherwise created directly or indirectly from the Site.
“Feed” means any stream of information whether from RSS, Atom, organization or individual user submissions, automated searches of information objects on the Internet or Social media streams from external services that are submitted, imported and otherwise added into the Site.
“Group” has the meaning set forth in Section 5 below.
“Admins” means those Users who choose to create or otherwise participate in administering (setting rules for User admission, interaction and information sourcing) one or more Groofer Groups.
“Groofer Account” means the portion of the Site available behind a User login screen which is personalized to the Organization and User’s interest and information requirements as per the settings and selections made by the User and /or the Groofer account Admin of the company that the user belongs to.
“User” means any visitor to the Site, including, but not limited to, a visitor that uses the Service or views the Content.
a) User ID. You must register for an account to become a User of the Service. As part of the registration process, you must enter your work email and password to set up a Groofer account (“Account”). This will be used as your User ID. You may not: a) select or use an email id belonging to another person with the intent to impersonate that person; b) use as a User ID an email subject to any rights of a person other than you without appropriate authorization; or c) use a First or Last name that is otherwise offensive, vulgar or obscene.
b) Minimum Age. The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a business entity. If you do not so qualify, do not attempt to register for, or use, the Service.
c) Account Security. You are responsible for maintaining the confidentiality of your Groofer User ID and password. You, and not the Company, are responsible for safeguarding your Groofer User ID and password. If you become aware of any unauthorized use of your password or your Groofer Account, you should notify the Company immediately through this form http://www.groofer.com/contact .
d) Groofer Account. Your Groofer Account is a personalized service that lets you search, share, discuss and create personalized content in conjunction with others from your organization, identified as having the same email domain (the portion after the @ sign), with access to Feeds, Messages and Content posted by the community of Users and any specific Groups you choose to join. You do this by establishing an Account and creating a Groofer User ID and password. You may add Feeds, Content, and Groofer Groups to your Groofer settings within the Service.
The Company reserves the right to refuse registration of, or cancel, any Account in its sole discretion.
5. Groups, Moderators.
(a) Groups. A “Group” means the collection of users who explicitly choose to collaborate and interact around a particular topic or interest area by clicking on the “Join Group” button for the Group. A Groofer Group is referred to by its title and description as determined by its Admin. Groofer Groups can be secret or public as determined by the Admin of the Group. The content contributed to public Groups may be freely used and distributed by all users within that organizations since any user can join open groups at any time. Content contributed to a secret Group will only be visible to its members. Memberships in Secret groups is based on invitation only.
(b) Role of Admin. You understand that the Admin of a Groofer Group in which you are a member has the right, in his or her sole discretion, to set eligibility requirements for membership or to deny, temporarily suspend, indefinitely suspend or terminate your membership to any Group they moderate. Please be aware that a Admin is: (a) not Groofer’s representative or agent, and therefore an Admin may not enter into contractual relations or obligations on Groofer’s behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Group members unless expressly agreed by those Group members; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Admin or an individual Group member unless otherwise agreed.
The Company reserves the right to publish, redistribute, display aggregated and anonymous ratings and preferences shared by users, not including any text comments.
6. Restrictions/Prohibited Uses. You agree that you will not: a) impersonate any person by establishing User Names with the intent to profit from the goodwill of a trademark, trade name or famous name belonging to someone else; b) violate any local, state, or national law through or on the Site or the Service; c) harass people through or on the Site or the Service; d) collect or store data about other people through or on the Site or the Service; e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Service; f) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Service; g) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, h) use the Site or the Service in any manner other than as expressly authorized in the TOS; i) use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Site or the Service in violation of this TOS; or j) reproduce, duplicate, copy, sell, resell, use, access or exploit the Service for any commercial use.
While we prohibit such conduct and content we do not monitor or review every Feed or all Content, therefore, you must understand and agree that you may be exposed to such conduct or content and that you use the Service at your own risk.
The Company owns the Service which includes your Groofer account pages and the Content on those pages. We reserve the right to terminate the Service or to delete any page, Feed or Content within the Service, with or without notice, when we feel such actions are appropriate.
7. Your Consent to Receive Communications. If you use the Service, you will receive certain communications as follows:
a) From Groofer: You will receive certain communications, such as Groofer Service announcements, daily, weekly or other periodic summaries, informational newsletters, as well as selected offers from third parties approved by the Company. You consent to receiving such communication from the Company for as long as you are have an active Account.
b) From a Admin of a Groofer Group: By joining a Groofer Group, you understand and agree that you may receive communication from your Moderator and their designees in the normal course of utilizing our Service. Your Admin’s messages will be relayed to your email address through our Service.
c) From other Groofer Members: You may receive email from other Users of Groofer. You may opt out of these messages. You may manage your settings for Groofer communications on your Account settings page. Please note that certain communications, such as those from the Company, cannot be disabled without terminating your Account.
8. Links and Third Party Materials – User At Your Own Risk
User should be skeptical! Much of the Content accessed through the Service has been created by third parties and resides on third party websites. Groofer is not responsible for any such content and does not moderate, screen, review, approve, endorse or take any measures whatsoever to assure the accuracy or legality of the publications to which it links or the content of those publications.
The Content accessed through the Service may contain information, pictures and video that you may find untrue, inappropriate, offensive or just plain stupid. The Service simply provides links to that information, but we do not exercise editorial judgment about which sources of information are the most appropriate for you.
You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource. The only way to ensure you do not see Content that is potentially offensive or inappropriate is to discontinue use of the Site and the Service.
All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Additional Provisions
A. Intellectual Property Ownership. Company-originated content included on the Site and the Service, such as text, graphics, logos, data compilations, APIs, software and the compilation and display of all Content on the Site and the Service, is the property of the Company and its licensors and protected by applicable state, federal and international laws. No reproduction of any Company-originated content is permitted without prior written permission from the Company. Groofer.com, the Groofer logo, and other Groofer product and service names are trademarks of the Company. Use of the Company’s trademarks or content is expressly prohibited without prior written consent in each instance.
B. Indemnification. You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys – fees and cost) from any claim or demand made by any third party due to, or arising out of, your access to the Site, use of the Service, violation of the TOS by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
C. Disclaimer of Warranties. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SITE OR THE SERVICE. ANY MATERIAL, DATA OR OTHER CONTENT VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SITE OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE OR THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
D. Limitation of Liability. THE COMPANY WILL NOT BE LIABLE 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT YOU PAID THE COMPANY DURING THE TRAILING TWELVE MONTHS UP TO A MAXIMUM OF $500. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
E. Controlling Law and Arbitration. This TOS and the relationship between you and the Company is governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Fairfax County, Virginia. Any legal controversy or legal claim arising out of or relating to the TOS or the Site or the Service, excluding legal action taken by the Company to collect fees or recover damages for, or obtain an injunction relating to, the Company’s intellectual property or the Site or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Fairfax County, Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Fairfax County, Virginia necessary to protect the rights or property of you or the Company pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover its reasonable attorney’s fees and costs actually incurred.