Conditions of Use

2011-02-08

Welcome to Groupany.com. Groupany.com and/or its affiliates ("Groupany.com", “we” or “us”) provide this website (“Site”) and the services available through this Site (“Services”) to you subject to the following conditions. If you visit or shop at this Site, you accept these terms and conditions (“Terms”). Please read them carefully. We reserve the right, in our sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms without advance notice. No material changes to these Terms will be effective unless we have provided you with notice of such changes. If such changes are not acceptable to you, your sole remedy is to cease using this Site and Services, and if applicable, cancel your Site account. By continuing to access or use this Site and Services after we have notified you of the revised Terms, you agree to be bound by such revised Terms.

SITE ACCESS

Subject to your compliance with these Terms, Groupany.com grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of Groupany.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Groupany.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Groupany.com's name or trademarks without the express written consent of Groupany.com. Any unauthorized use terminates the permission or license granted by Groupany.com. You may not use any Groupany.com logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission.

ELIGIBILITY

By registering, you agree that you are a resident of the United States, 18 years of age or older and able to enter into binding contracts. Employees of Groupany.com and their immediate families, investors and their immediate families, and advisors and their immediate families are not eligible to use the site or participate in the Groupany Guess Price Sales.

YOUR ACCOUNT

In order to access certain features of the Site and Services, and to post content as described below, you must create an account with us. You may register only one user account. Members of the same household may not participate in the same Guess Price sale, at any time. During the registration process, you will be asked to choose a username. Groupany.com reserves the right to cancel an account, refuse registration or change a username if it is found to be offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Groupany.com reserves the right, in their sole opinion and absolute discretion, to refuse service, terminate accounts, cancel orders or disqualify you, for any reason whatsoever, including, but not limited to, a violation of the terms of this agreement, applicable law or is harmful to Groupany.com's interests. When you register at Groupany.com you consent to receive communications from us electronically. We will communicate with you electronically for purposes of advising you on transactions, shipments and customer service. From time to time, we may also communicate with you for marketing purposes. You will be given an opportunity to unsubscribe from such marketing communications at any time.

PURCHASING AND PAYING FOR GROUPANY TOKENS

Groupany Tokens (“Groupany Tokens”), are purchased by you prior to participating in our Guess Price sales. Groupany Tokens can be purchased in bundles at prices that will be noted on the site. Payment can be made by credit card, debit card or via PayPal. Payment sources must be in the name of the Groupany.com Account Holder. We will not accept payments made by third-parties for Groupany.com purchases. IMPORTANT! GROUPANY TOKENS ARE VALID FOR ONE YEAR AFTER THEY HAVE BEEN CREDITED TO YOUR ACCOUNT. UPON EXPIRATION, GROUPANY TOKENS BECOME VOID AND CAN NO LONGER BE USED. Once a Groupany Token is used, it is deducted from your account and can no longer be used. Refunds will not be issued for used Groupany Tokens, expired Groupany Tokens, free Groupany Tokens or Groupany Tokens bought in a Guess Price sale. For further information on refunds please see our Refund Policy.

RETURNS

Members have 14 days after delivery to return an item bought. You are responsible for shipping costs on returned items and items returned must be in good condition. Certain items, such as software, music, or movies are not eligible for return once they are opened. Requests for returns or cancellations must be made in writing via our “Contact Us” form:

If, for any reason, you are unable to return the item in good, working condition, Groupany.com will retain the right to accept the returned item and reduce the amount of your refund in a proportion equal to the damage on the item (as determined by Groupany.com in its sole discretion). In no case will the return of an item entitle you to a refund of the Groupany Tokens used.

SHIPPING

Shipping costs will be clearly displayed for each item. Delivery will be made from our suppliers or from our warehouse to the address supplied by the user. Unless otherwise stated, delivery is available within the 48 contiguous United States, Alaska and Hawaii. Some restrictions or higher shipping costs or longer delivery times may apply to Alaska or Hawaii shipments. These will be clearly stated on the item. Stated delivery times should be considered to be guidelines and are not delivery guarantees. Groupany.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. You are responsible for inspecting the item and reporting any damage to the item to Groupany.com promptly upon taking delivery.

SYSTEM OUTAGES

At present, and with current technology it is not possible to operate with 100% guaranteed uptime. In some cases, system outages may interrupt the ability to view or participate in our Guess Price sales. In this case, Groupany.com will halt all Guess Price sales until the system outage is resolved. Sales that are halted will be clearly designated as such. Groupany.com will make commercially reasonable efforts to resume the sales after the outage is resolved.

CONTENT POLICY

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. If you do post content or submit material, and unless we indicate otherwise, you grant Groupany.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Groupany.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that they own or otherwise have the rights to post the content; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Groupany.com for all claims resulting from content supplied. Groupany.com has the right but not the obligation to monitor and edit or remove any activity or content at its sole discretion, and may do so at any time without notice. Groupany.com does not endorse any user content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any content posted by a user or any third party. Furthermore, Groupany.com may immediately terminate your account and access to the Site if you post infringing content.

THIRD PARTY WEBSITES

Our Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. You should carefully review the terms and conditions of such sites, including their privacy policies, before visiting them.

WHAT YOU MUST NOT DO

The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “Groupany.com”; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud or (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms; (l) Use any third party software or other "bot" to assist in guessing or harvesting site data; (m) Strategically cooperate with other members in a Guess Price sale or collude to exchange information with other members.

LIMITATION OF LIABILITY

IN NO EVENT WILL GROUPANY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GROUPANY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GROUPANY.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO GROUPANY.COM FOR GROUPANY TOKENS IN THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.

DISCLAIMER OF WARRANTIES

THE ITEMS THAT YOU MAY BUY ON THE SITE ARE SOLD WITH THE MANUFACTURE’S LIMITED WARRANTY ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT. NO WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE SITE OR WISH TO RECEIVE SUPPORT, YOU MUST CONTACT THE MANUFACTURER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SITE, THE SERVICES AND THE PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND AND GROUPANY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING THERETO, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, GROUPANY.COM DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND THE SERVICES; AND (II) THAT THE SITE AND THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROUPANY.COM, INCLUDING WITHOUT LIMITATION ANY DATA OR STRATEGIES PROVIDED UNDER THESE TERMS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO BUY SALE ITEMS ON WHICH YOU HAVE PARTICIPATED, AND THAT EVERY TIME YOU USE A TOKEN FOR AN ITEM, SUCH TOKEN IS DEDUCTED FROM YOUR USER ACCOUNT AND CAN NO LONGER BE USED, WHETHER OR NOT YOU WILL BE ABLE TO BUY THE ITEM.

INDEMNIFICATION

You agree to defend, indemnify, and hold Groupany.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site and/or the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any of your content caused damage to a third party.

IP OWNERSHIP

Groupany.com owns and retains all proprietary rights in the Site (other than with respect to content posted by you under these Terms) and the Services. The Site contains the copyrighted material, trademarks, and other proprietary information of Groupany.com and its licensors, and is protected to the maximum extent permitted by US and foreign laws and international treaty provisions. Access and use of the Site and the Services does not grant you any right or license to the copyrighted material, trademarks, tradenames, logos, images, or other proprietary information of Groupany.com and its licensors.

MISCELLANEOUS

These Terms constitute the entire agreement between the parties with respect to the use of the Site and the Services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties. Any waiver by either party of any violation of any provision of these Terms will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of these Terms is held to be unenforceable for any purpose, including but not limited to public policy grounds, then the remainder of these Terms will be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Groupany.com. You may not assign their rights and delegate their duties under these Terms to any third parties. THESE TERMS AND ANY DISPUTE RELATING TO THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO U.S. OR CALIFORNIA CHOICE OF LAW RULES. YOU AND GROUPANY.COM AGREE AND CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO Groupany.com OR THE MATTERS IN THESE TERMS WILL BE EXCLUSIVELY IN COURTS LOCATED IN SAN BERNARDINO, CALIFORNIA.