General Terms and Conditions
You may be required to sign up for an account and provide an email address and password. You agree to provide us with accurate, complete, and current registration information about yourself. You acknowledge that you provide your personal information at your own risk.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any activity associated with your account.
You are solely responsible for all of the material, content, information, images, links, text, and comments that you submit on GroupGreeting.
You agree the cards are semi-private in the sense that only those who have the link can access the card but the cards are not indexed or password-protected. You are responsible for whom you share the link with and how the link is shared (email, text, social media, etc.).
We reserve the right, at our sole discretion, to change or modify the Website, including but not limited to, features, content, prices, specifications, references and images, at any time and for any reason without notice.
You agree to use GroupGreeting at your own risk. We will not be held responsible if you or any user is exposed to lewd or inappropriate content.
You affirm that you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian permission to use the Website and have received your parent or guardian’s consent to these Terms on your behalf. You represent and warrant that you are fully able and competent to agree to the Terms stated. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). If you do not meet the foregoing requirements, you may not access the Website.
Rules of Conduct
You may not engage in any of the following prohibited activities:
- Harassing, tormenting or threatening anyone using the Website;
- Copying, distributing, or disclosing any part of the Website, including without limitation by any automated or non-automated "scraping";
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website;
- Transmitting spam, chain letters, or other unsolicited email;
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable load on Website infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Website;
- Attempting to obtain any personally identifiable information, including account names and passwords, from any other user;
- Using the Website for any commercial solicitation purposes;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of the Website.
Annual Subscription Plan. GroupGreeting offers annual subscription plans to help users save time and money. Each account is associated with a single email address, and therefore, subscription plans are for one user per account and are non transferable. Prices, features and options differ according to each plan, including but not limited to, the maximum number of cards to be created and sent during the one-year subscription period. You agree to use the services according to the limits paid for under the subscription plan.
Billing and Payment Method. By purchasing an annual subscription plan, you agree and acknowledge your plan has an initial prepayment feature for one full year of service beginning on the date payment is received. To purchase an annual subscription plan, you will email us at [email protected] with the name of the subscription plan and the email address of the GroupGreeting account holder. We will send you an invoice for the corresponding subscription fee via PayPal. Payment shall be made via PayPal and will be in U.S. Dollars. Your plan will be activated within 24 hours of receiving payment.
Annual Renewal. In the month prior to the end of each annual subscription term, we will email you a reminder your subscription will be ending and give you the option to: (a) renew your current subscription plan; (b) change your subscription to a higher or lower plan; or (c) cancel your subscription plan at the end of your term. If you elect to renew or change your plan, we will send you an invoice for the then-current annual subscription rate for the selected plan.
Cancellations and Refunds. Refunds are provided only for cancellations made within the first thirty (30) days of your subscription period. Refunds will be given less the cost of transaction fees and any cards delivered within the first 30 days. After 30 days, you may still cancel your subscription plan, but no refunds will be issued. Refunds will be issued to the same account from which the purchase was made. You may cancel your subscription plan anytime by emailing us at [email protected]
We do not own or make claim to any content or intellectual property you submit or create on GroupGreeting.
If you believe any content on GroupGreeting violates another party's copyright, please email us the details and location of the infringement at [email protected] and we will review. We will make every reasonable attempt to remove and delete all content that violates the copyright. In your email, please provide the exact location of the infringement and also include your name, contact information and phone number.
All content on the Website, including but not limited to, the text, code, graphics, logo, designs, illustrations and photos (“Content”) created by and for GroupGreeting, are owned by or licensed to Stergeron and are protected by copyright and other intellectual property laws under United States and foreign laws and international conventions. You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content or any portion of the Website without the prior written consent of Stergeron or as expressly provided herein.
All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). You acknowledge and agree to be responsible for the payment of such Taxes, if any.
In case you identify any billing errors or discrepancies, you must contact us at [email protected] within thirty (30) days of receiving an invoice or billing receipt containing the amount in question. If you do not bring such problem/discrepancy to our attention within 30 days, you agree to waive your right to dispute the error.
Termination of Account
You must act in a lawful and legal manner and abide by all local laws in your jurisdiction when using GroupGreeting. Any type of unlawful or unauthorized use (including copyright infringement) of this Website is prohibited and will not be tolerated.
You are free to stop using GroupGreeting at any time. Please contact us at [email protected] to delete your account and all content associated with your account.
The Website is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable law, we disclaim all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Stergeron be liable for (a) any direct, indirect, special or consequential damages, or (b) any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Website, 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.
You agree to defend, indemnify and hold harmless Stergeron, its subsidiaries, affiliates, officers, employees, contractors and agents from and against any and all claims, causes of action, damages (actual and consequential), obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to any third party claims related to your use of the Website (including any actions taken by a third party using your account).
Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
Initial Dispute Resolution. If you have any dispute with us, you agree that before taking any formal action, you will email us at [email protected] and provide: (a) a description of the claim or dispute; (b) your contact information (including the email address associated with your account); and (c) the specific relief sought. You and Stergeron agree to make good faith efforts to settle any dispute or claim directly, but if no resolution is reached within thirty (30) days after notice is received, you or Stergeron may commence an arbitration proceeding.
Binding Arbitration. If you and Stergeron do not reach an agreed-upon solution within 30 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided below) subject to these Terms set forth below.
Arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS") in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Unless otherwise agreed to, all arbitration proceedings will be held in English in San Francisco, California, U.S.A. However, the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator’s decision will follow these Terms and will be final and binding.
Survivability. This arbitration provision shall survive termination of this Agreement and the termination of your use of the Website.
If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Export Control and Legal Compliance
You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) listed on any U.S. Government list of prohibited or restricted parties.
These terms will be governed by and construed in accordance with the laws of the State of California, U.S.A. without regard to conflict of laws provisions and regardless of your location.