Terms and Conditions
Last Updated: September 6, 2016
While we make reasonable efforts to provide accurate and timely information about GroupMobile on the Website, you should not assume that the information is always up to date, or that the Website contains all of the relevant information available about GroupMobile.
Terms of Sale
All purchases through the Website are governed by our Terms of Sale, located at https://groupmobile.com/terms-of-sale. Please refer to our Terms of Sale for the terms, conditions, and policies applicable to your purchase of products from GroupMobile. By ordering products through our Website, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in GroupMobile’s sole discretion, so you should review the Terms of Sale each time you make a purchase.
Copyright and Limited License
Unless otherwise indicated, the Website and all content and other materials therein, including, without limitation, the GroupMobile logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of GroupMobile or its licensors or users and are protected by U.S. and international copyright laws.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
GroupMobile Int’l LLC
Attn: Legal Department
5590 W. Chandler Blvd., Suite 3
Chandler, AZ 85226
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Website, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If GroupMobile receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, GroupMobile has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. GroupMobile may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All rights not expressly granted are reserved.
Restrictions on Use
The Website may include interactive areas in which you or other registered users may create, post, send, or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links, or other items or materials on the Website (“User Content”). By using the Website, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Website any of the following:
- Unless specifically requested by GroupMobile, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts, or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable, or which threatens our relationships with our employees, partners, customers, or suppliers;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications, or any unsolicited advertising, promotional materials, or other forms of solicitation or commercial content;
- User Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or that creates liability or violates any applicable local, state, national, or international law;
- Viruses, spyware, Trojan horses, Easter eggs, or any other harmful, disruptive, or destructive files; and
You further agree not to (i) use technology or other means to access GroupMobile or the Website or Site Materials that is not authorized by GroupMobile, (ii) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access GroupMobile or the Website or Site Materials, (iii) attempt to gain unauthorized access to GroupMobile computer networks or user accounts, or (iv) attempt to damage, disable, overburden, or impair GroupMobile servers or networks.
GroupMobile does not control, take responsibility for, or assume liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is GroupMobile liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. The interactive areas of the Website are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Website and agree to use the interactive areas at your own risk.
If you are viewing the Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Website and the computer system you are using to prevent unauthorized User Content.
License to User Content
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and product such User Content, or otherwise have the right to grant the rights to GroupMobile that you grant herein. GroupMobile claims no ownership or control over any User Content, except as otherwise provided herein, on the Website or in a separate agreement. However, by submitting or posting User Content on the Website, you grant GroupMobile and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license the User Content, and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release GroupMobile and its agents and employees from any claims that such use, as authorized above, violates any of your rights, and you understand that you will not be entitled to any compensation for any of your User Content.
Submission of Ideas
Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about GroupMobile, our Website and our products (collectively, “Ideas”). Ideas, whether posted to the Website or provided to GroupMobile by email or otherwise, are entirely voluntary, non-confidential, gratuitous, and non-committal. GroupMobile shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them.
If you create an account on the Website, 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 and/or password. We will never ask you to send your Website password or other sensitive information to us in an e-mail. If you believe that someone else has obtained access to your Website password, please change it immediately. If you believe that an unauthorized access has already occurred or may occur, please report it immediately to firstname.lastname@example.org. If you are under the age of 18, you may use the Website only with involvement of a parent or guardian. GroupMobile reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If you are viewing the Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Website and the computer system you are using to prevent unauthorized access to your account.
Links to Website
You are granted a limited, non-exclusive right to create text hyperlinks to the Website for noncommercial purposes, provided that such links do not portray GroupMobile in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material, or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use GroupMobile’s logo or other proprietary graphics to link to our Website without or express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any GroupMobile trademark, logo, or other proprietary information, including the images found at the Website, the content of any text, or the layout/design of any page or form contained on a page on the Website, without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of GroupMobile or any third party. GroupMobile makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites linking to the Website. Such websites are not under the control of GroupMobile, and GroupMobile is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such website.
Third Party Content, Products, and Services (including Advertising and Promotions)
GroupMobile may provide third party content on the Website (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Content, and the inclusion of any link does not imply affiliation, endorsement, or adoption by GroupMobile of any site or any information contained therein, and GroupMobile can make no guarantee as to its accuracy or completeness. You acknowledge and agree that GroupMobile is not responsible or liable in any manner for any Third Party Content, and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other websites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Website.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GROUPMOBILE NOR ANY PERSON ASSOCIATED WITH GROUPMOBILE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GROUPMOBILE NOR ANYONE ASSOCIATED WITH GROUPMOBILE REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
GROUPMOBILE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
To the maximum extent permitted by applicable law, GroupMobile and its officers, directors, employees, shareholders, or agents shall not be liable for any direct, indirect, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss of damage arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Website, the content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance on a user on any information obtained from GroupMobile, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to GroupMobile’s records, programs, or services. In no event shall the aggregate liability of GroupMobile, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Website, exceed any compensation you pay, if any, to GroupMobile for access to or use of the Website. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Modifications to the Website
GroupMobile reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that GroupMobile will not be liable for any modification, suspension, or discontinuance of the Website or any part thereof.
Dispute Resolution and Binding Arbitration
YOU AND GROUPMOBILE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GROUPMOBILE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration clause is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.
Applicable Law and Jurisdiction
GroupMobile controls and operates this Website from its headquarters in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Website is GroupMobile Int’l LLC, 5590 W. Chandler Blvd., Suite 3, Chandler, AZ 85226.
To file a complaint regarding the Website or to receive further information regarding use of the Website, send a letter to the above address, or contact GroupMobile via e-mail (email@example.com, with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Please feel free to contact us with any comments, questions, or suggestions you might have regarding the information described in the Website.
You may contact us at:
GroupMobile Int’l LLC
5590 W. Chandler Blvd., Suite 3
Chandler, AZ 85226