Terms of Use

GroupGreeting.com (the “Website”) is owned and operated by Stergeron LLC, a California limited liability company (“Stergeron”, “we”, “us”, or “our”). The following Terms of Use (these “Terms of Use” or these “Terms”) comprise a binding agreement between you and Stergeron, and govern the use of the Website. The Terms may be updated by us from time-to-time, and will be effective immediately upon posting. It is your responsibility to read and keep informed of the Terms as they are updated.

By creating an account on the Website, using the Website to purchase any card, annual subscription plan, or any GroupGreeting Products, as such term is defined below, or otherwise accessing or using the Website for any reason, you agree to be bound by these Terms of Use and the Privacy Policy, which can be found at this link https://www.groupgreeting.com/privacy and is incorporated by reference. If you do not agree to be bound by all of these Terms of Use or our Privacy Policy, you may not access or use the Website.

THESE Terms of Use CONTAIN A CLASS ACTION WAIVER AND BINDING ARBITRATION PROVISION TO RESOLVE DISPUTES ARISING FROM USE OF GROUPGREETING SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN DISPUTE RESOLUTION SECTION BELOW.

Our Services

Our mission is to connect users with their colleagues, friends, loved ones, and anyone they want to reach out to by giving them the ability to seamlessly send and customize e-greeting cards. To help advance this mission, we provide the products and services described below to you:

GroupGreeting is a platform that allows you to purchase, create, customize, share, and send e-greeting cards and other related products and services, whether on an ‘a la carte’ basis, or through a customized subscription plan (collectively, the “GroupGreeting Products”).

Your Responsibilities

To access the GroupGreeting Products, 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. While we use commercially reasonable efforts to protect any personal information that you provide, we cannot and do not offer any guarantees that the Website will be free from any attacks or compromise.

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 messages, material, information, images, audio, video, media, URLs, text, comments, or any other type of content (collectively, “User Content”) that you generate or submit on or through GroupGreeting.

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 User Content. However, please report any concerns you have regarding any User Content to our team at [email protected].

You understand and agree that any customized GroupGreeting Products that you purchase and send to others are only private to the extent that only those who have the link for your GroupGreeting Products (“Links”) can access them, but such GroupGreeting Products and Links are not indexed or password protected. We do not share any Links with third parties or any other users, and you are solely responsible for any party with whom you share any Links, and how such Links may be shared, including without limitation via email, text, website, messaging applications, social media, or any other medium through which your Links can be shared.

We reserve the right to remove any User Content on the Website that we deem in our sole discretion to be lewd, offensive, obscene, inappropriate, unlawful or in violation of the Rules of Conduct below, or these Terms of Use.

We reserve the right, at our sole discretion, to change or modify the Website, including but not limited to, adding, eliminating, or changing any GroupGreeting Products, features, GroupGreeting Content, User Content, prices, specifications, references, images, designs, audio, video, or any type of media, at any time and for any reason or no reason without notice.

Ability to Accept Terms of Use

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:

  1. Harassing, tormenting or threatening anyone using the Website;
  2. Copying, distributing, or disclosing any part of the Website, including without limitation by any automated or non-automated “scraping”;
  3. Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website;
  4. Transmitting spam, chain letters, or other unsolicited email;
  5. Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
  6. Taking any action that imposes, or may impose at our sole discretion an unreasonable load on Website infrastructure;
  7. Uploading invalid data, viruses, worms, or other software agents through the Website;
  8. Attempting to obtain any personally identifiable information, including account names and passwords, from any other user;
  9. Using the Website for any commercial solicitation purposes;
  10. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  11. Infringing on the intellectual property rights of others, including without limitation any copyrights, trademarks, trade dress, brands, patents, or works of authorship of any kind, whether registered or not; or
  12. Interfering with the proper functionality or operation of the Website.
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 intellectual property infringement) of the Website is prohibited and will not be tolerated.

We may terminate or suspend your access to or ability to use GroupGreeting immediately, without prior notice or liability, for any reason or no reason, including violation of these Terms of Use.

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.

Privacy

For information about how we collect, use, and share your information, please review our Privacy Policy. You agree that by using the Website you consent to the collection, use, and sharing of such information as set forth in the Privacy Policy.

Subscription Agreement

Annual Subscription Plan. GroupGreeting offers annual subscription plans (“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 nontransferable. Prices, features, and options differ according to each such Subscription Plan, including but not limited to, the maximum number of GroupGreeting Products to be created and sent during any one-year subscription period. You understand and agree that your use of, and access to, any GroupGreeting Products shall be provided according to the specific terms and limitations that you purchase under any such Subscription Plan.

Billing and Payment Method. By purchasing a Subscription Plan, you agree and acknowledge your Subscription Plan has an initial prepayment feature for one (1) full year of service beginning on the date and time payment is received. You may purchase a plan directly from the Pricing page via credit card. Your Subscription Plan will be added to your account immediately after purchase.

Annual Renewal. Subscription Plans are not automatically renewed. A month prior to the end of each annual subscription term, we will email you a reminder your subscription will be ending. You will have the option to: (a) renew your current Subscription Plan at the then applicable fees; (b) purchase a higher or lower Subscription Plan; or (c) cancel your Subscription Plan at the end of your term. If you elect to renew or change your Subscription Plan, you can purchase the plan at the then-current annual subscription rate for the selected Subscription Plan. If you do not purchase another plan, your Subscription Plan will automatically be canceled.

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].

Changes to the Price and Subscription Plans. We reserve the right to change the prices for or alter the features of our subscription plans in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

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 GroupGreeting Products delivered within the first thirty (30) days. Following the first thirty (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].

Changes to the Price and Subscription Plans. We reserve the right to change the prices for or alter the features of any Subscription Plan in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your Subscription Plan will take effect following notice to you.

Copyright

We do not own or make claim to any User Content or intellectual property you submit or create on GroupGreeting.

If you believe any User Content on GroupGreeting violates your or another party’s intellectual property rights of any kind, including without limitation copyright or trademark rights, please email us the details and location of the alleged infringement at s[email protected] and we will review. We will make every reasonable attempt to remove and delete all content that violates such intellectual property rights. In your email, please provide the exact location of the infringement and also include your name, contact information, and phone number.

Intellectual Property

All content on the Website, including but not limited to, the text, code, graphics, logos, brands, trademarks, trade dress, designs, illustrations, and photos created by and for GroupGreeting (“GroupGreeting Content”), is owned by or licensed to Stergeron and is protected by copyright, trademark, 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 GroupGreeting Content or any portion of the Website without the prior written consent of Stergeron or as expressly provided herein.

Billing Errors

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 thirty (30) days, you agree to waive your right to dispute the error.

Warranty Disclaimer

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. Without limiting the above, Stergeron makes no warranty that GroupGreeting will (i) meet your requirements; (ii) be uninterrupted, timely, secure, or error-free; or (iii) meet your expectations. The foregoing disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.

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.

Indemnification

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, LOSS OF GOODWILL, 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.

Indemnification

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).

Dispute Resolution

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 a binding arbitration proceeding.

Binding Arbitration. If you and Stergeron do not reach an agreed-upon solution within thirty (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 or disputes, (except as provided below) subject to these Terms set forth below.

SPECIFICALLY, ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE PARTIES’ RELATIONSHIP WITH EACH OTHER, THE GROUPGREETING PRODUCTS, AND/OR YOUR USE OF THE WEBSITE SHALL BE FINALLY SETTLED BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY AGREEING TO THESE Terms of Use, YOU AGREE THAT YOU AND STERGERON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

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 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. Survivability. These arbitration terms shall survive termination of these Terms and the termination of your use of the Website.

Severability

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.

Governing Law

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.

If you have any questions or concerns regarding these Terms of Use please contact us at [email protected].

* Last updated December 13, 2021