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Site Use Policy for GroupVineTM

GroupVineTM Service:

GroupVineTM provides an innovative web and email communications service ready made for not-for-profit and for-profit community organizations such as associations, school communities, businesses and their early-adopter or otherwise interested customer groups, volunteer-driven organizations, common-interest groups, troops, teams and other clubs. GroupVineTM helps community organizations inform and build more engaging and sustainable connections with their supporters, customers, and other types of members.

Note that GroupVineTM is intended for community organizations of members with an expressed interest in receiving the communications of that specific community. GroupVine is not intended as a service for unwanted bulk email senders nor for communications to those who have not clearly expressed an interest in receiving the communications for that community.

Definitions:

Work Group (WG)
An organization that uses GroupVineTM to facilitate communication and/or collaboration among the members of their Group and/or, to and from members of other Groups or the general public. WGs may include both for-profit and not-for-profit organizations. Examples of such WGs include volunteer communities such as charities, common-interest and action groups, school PTAs, church groups, sports teams, clubs, merchants and service providers.
Work Group (WG) Community
The community of members of a particular WG.
GroupVineTM Site (or just "Site")
The online platform which aggregates all of the Groupsites and related pages (such as group dashboards, user profiles, FAQs, and the public information pages) hosted by GroupVineTM.
Groupsite
The sub-site created within this Site to support the membership, communication and collaboration for a Work Group Community.
User
A person for whom an account has been created on the Site, and has optionally joined or been added to one or more Groupsites.
Groupsite Member
A User, within the context of a particular Groupsite, to which that User has been added (for example, after being approved after requesting membership).
Groupsite Administrator
A Groupsite member who has been granted the Administrator role within the context of a particular Groupsite, which allows the user to view and manage membership information for that Groupsite.
Applicable Work Group(s)
The Applicable Work Group is the current Groupsite being viewed by a User, as determined by the web address for the page being viewed, the one or more Groupsite(s) associated with group e-mail messages as determined by the email addresses used for the message, or in the case of the User's home page, each of the Groupsite(s) where the User is a Groupsite Member.
Affiliates
GroupVineTM plus the Applicable Work Group(s).
Service Provider
A trusted third party utilized by GroupVineTM whose products or services are used to support our web service.

Site's use of Personal Contact Information:

On users’ "user profile" pages, available via the WG’s membership management page, via a link on most other pages, and by uploading membership import files, users and/or WG administrators are able to provide, view, update, and/or confirm, user contact information (such as email and physical address, phone numbers, and profile photo) so that they may be made available for private use within the Applicable WG Community(s), and any other WGs users choose (and are approved) to join or who have been provided with users’ email address and have added these user(s) as member(s). The collection of this information by WGs is intended solely for facilitating private, community purposes, such as online directories and group email lists. GroupVineTM will not sell this information to anyone else without User consent, and will not use it for unsolicited telemarketing or email (spam) - we dislike these as much as you do.

Use of Others' Personal Contact Information:

You agree to use any personal contact information of other members of that WG Community solely for the intended purposes of facilitating private communication and collaboration among those within that WG Community. You also agree that you will not provide such information to anyone outside of the associated WG Community, nor use it for unsolicited marketing purposes or any other purposes not directly related to the purposes of the Applicable Work Group.

GroupVineTM is not responsible for the use of your contact information by other Users and makes no warranty regarding the use of your personal contact information by WG(s) in which you become a member, nor the degree of compliance to those policies by the members of those WG(s).

Contributed content:

If/when you are able to post information on this site through forums, email lists, bulletin boards, photo or video sharing, comment forms, event postings, or any other online means, please choose such material carefully. In addition, you represent and warrant that any information you post on this Site is original, or that you have the right to copy and distribute that content. The Affiliates reserve the right, with or without notice at any time, for any reason or no reason, to edit or delete any content, deny content editing rights, or eliminate User privileges if, in any of their sole judgments, such content is offensive, illegal, or in any way inappropriate for the associated WG Community. The information on this website might include opinions or views which, unless expressly stated otherwise, are not necessarily those of the Affiliates, or any associated organization or any person in relation to whom they would have any liability or responsibility.

The Affiliates do not claim ownership of the content you place on the Site. However, by uploading, editing, or otherwise submitting or disclosing content of any kind on the Site, you grant to the Affiliates the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, modify, distribute, make derivative works of, and otherwise exploit such content for the communication and collaboration purposes of the associated WG(s).

The Affiliates also accept no responsibility for and exclude all liability in connection with the accuracy of the information that is provided in the Site, and use of such information is at the recipient's own risk. In addition, the Affiliates accept no responsibility for and exclude all liability in connection with monitoring the content or conduct on the site and have no obligation to modify or remove any inappropriate content.

Right to Remove Users, Groupsite Members, or Groupsites:

The GroupVineTM Site is designed to enhance and develop member communities. GroupVineTM reserves the right, with or without notice at any time, for any reason or no reason, to delete any User's account, or delete an entire Groupsite from the Site, if in its sole judgments, such User, Groupsite, or Groupsite Members are in any way inappropriate for this Site. For example, any Work Group or User that discriminates, discourages or limits participation in an inappropriate manner, or that GroupVineTM believes to be using the GroupVineTM Site to distribute unsolicited or unwanted bulk email, or that GroupVineTM believes to be attempting to circumvent the intended membership limitations for their account, may be removed from the Site at the sole discretion of GroupVineTM. Also, the Affiliates reserve a similar right to revoke the membership of any Groupsite Member.

In addition, if in GroupVine'sTM sole judgement it finds reason to believe that a User's email has been compromised such that a third party may be able to send emails to other members of that User's Work Group Communities as if being sent by this User, GroupVineTM may fully or partially disable this User's account, at least until GroupVineTM determines that the problem has been resolved.

Disclaimer:

The Affiliates accept no responsibility for and exclude all liability in connection with any errors, inaccuracies, omissions, or misleading or defamatory statements or content posted on this website, or other advertisements, recommendations or product endorsements, including goods and/or services provided, whether offline or online. Reference within this site to any specific commercial or non-commercial product, process, or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement, recommendation, or favoring by the Affiliates.

Further, if a dispute arises between you and a WG, or some other third party, the Affiliates have no responsibility in the matter and are under no obligation to be involved in the resolution efforts. You therefore release the Affiliates and their officers and employees from any involvement in claims, demands, damages and settlements that arise from such disputes.

Links to External Sites:

This Site, or emails created using or processed by this Site, may include links to external, or third party, web sites. These links may have been introduced by content contributed by others, or were provided to you by an Affiliate as a convenience only. In any case, following links to other sites is done at your own risk and the Affiliates accept no liability for any linked sites or their content. When you access an external Web site, keep in mind that the Affiliates have no control over its content.

Under no circumstances shall the Affiliates be responsible for any loss or damage from any use of this Site, and the Affiliates hereby accept no responsibility for and exclude all liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services provided at or through our website, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise.

Therefore, any link from this web Site to an external web site does not imply or mean that the Affiliates endorse or accept any responsibility for the content or the use of such web site. The Affiliates do not give any representation regarding the quality, safety, suitability, or reliability of any external web sites or any of the content or materials contained in them. It is important for Users to take necessary precautions, especially to ensure appropriate safety from viruses, worms, Trojan horses and other potentially destructive items.

When visiting external web sites, Users should review those websites' privacy policies and other terms of use to learn more about, what, why and how they collect and use any personally identifiable information.

Site Security:

GroupVineTM makes numerous precautions to protect User and Groupsite information and communication. Internet connections to the Site are protected by encrypted links and verifiable authentication certificates. The information within the Site is protected by a secure, hierarchical database technology designed to grant access to its contents to only group-authorized, and password-authenticated Users. For payment processing, GroupVineTM partners with established payment gateway service companies, and thus, no credit card numbers or other personal payment identifiers are stored on the GroupVineTM site.

Payments for Subscription Accounts:

GroupVineTM Service is supported generally by subscription payments and/or, for certain markets, by advertisements that may appear with the content of Site web pages and group emails.

Subscription payments may only be made by a valid credit card accepted by GroupVineTM. All payments must be made in U.S. dollars. If you provide GroupVineTM with a credit card for payment, you hereby authorize GroupVineTM to charge that credit card for such amounts on a regular basis, according to the payment period you have selected, continuing until such time as your GroupVineTM account is terminated, whether or not you or other Groupsite Members are actively using the associated Groupsite account. You are also responsible for reviewing the applicable Fee Schedules from time to time to remain aware of the fees and any applicable discounts, which are subject to change at any time at GroupVine’sTM sole discretion. If you do not agree to such changes, you should contact GroupVineTM to terminate your account (refer to the “Termination” section below).

If at or near the end of your subscription period, GroupVineTM is for any reason unable to effect automatic payment by credit card, or if you have selected a non-recurring payment option, GroupVineTM will attempt to notify you by email or otherwise and, upon expiration of your paid subscription period, your GroupVineTM account and Groupsite may be fully or partially disabled until payment is received.

GroupVineTM may be required to collect and pay sales tax for subscription Groupsite customers located in certain state and local jurisdictions, including those where software delivered as a service is taxable and where GroupVineTM maintains a physical presence. GroupVineTM determines each Groupsite’s local taxing jurisdiction based on the address provided in each Groupsite’s Account Settings.

Use of "cookies":

As part of the security system for the restricted areas, a cookie will be set on the User's system to credential that User. This credential cookie is used to allow the User access to those restricted areas that he or she is entitled to view and/or edit, while providing the User the convenience of not having to enter a username and password every time the User changes to a new page.

Usage of Service Providers:

GroupVineTM uses Service Providers to perform functions and provide services to us, including, without limitation, hosting and maintenance, payment processing, customer relationship, and support services. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to written, posted policies requiring such third parties to maintain the privacy and security of your data.

Trademarks:

GroupVine, Interactive Email, Engagement Widget, GroupVine's logo and sub-logos, and related trade names and service marks used by GroupVineTM are the trademarks of GroupVine, Inc. and may not be used without permission. Other trademarks and trade names that may appear on this Site are the property of their respective owners.

Dispute Resolution:

You are solely responsible for your interactions with other Users and Work Groups. GroupVineTM reserves the right, although it has no obligation, to monitor disputes between you and other Users and Work Groups and to take any action that it deems appropriate in its sole discretion, consistent with these Terms, including deletion of any User's account or revocation of the membership of any Groupsite Member.

The Terms, and your relationship with GroupVineTM under the Terms, shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. You and GroupVineTM agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, GroupVineTM may, at any time, seek injunctive or other equitable relief in any jurisdiction.

Termination:

These Terms will remain in full force and effect for any period of time in which you are a User and/or you help to manage a Groupsite as a Groupsite Administrator.

Groupsite Administrators may terminate their GroupVineTM account and close their Groupsite at any time by contacting GroupVineTM customer support, support@groupvine.com. There are no refunds for any fees paid. GroupVineTM is not responsible for the failure of Groupsite Administrator(s) to properly terminate their GroupVineTM account or for any credit card or other charges or fees incurred as a result of that failure. GroupVineTM shall have the right to permanently delete any Groupsite data, including membership information and email archives, and including information about the Groupsite itself, immediately following termination.

GroupVineTM may terminate your account and the Terms of this Agreement at any time with or without cause. If terminated without cause, GroupVineTM will refund a pro rata portion of your subscription payment, if applicable. GroupVineTM will not refund you in such manner if there is cause due to violation of Terms in this Agreement. In particular, if GroupVineTM, in its sole judgement, suspects a Groupsite of distributing unsolicited or unwanted bulk email to its membership, it may terminate the associated account for cause, or, at GroupVine's sole discretion, may disable the account from sending further emails until that membership has confirmed their interest in receiving the Groupsite's emails using a GroupVine-specified explicit opt-in procedure. In addition, if a Groupsite remains inactive for over one year, GroupVineTM may deem it to be “inactive” and may terminate the account for that Groupsite and delete that Groupsite’s data.

Indemnification:

You agree to indemnify and hold GroupVineTM and its affiliates, directors, officers, agents, partners and employees harmless from and against any loss, liability, claim or demand, including reasonable attorney's fees, arising from or related to your violation of these Terms or your violation of any law or rights of a third party.

Limitation of Liability:

IN NO EVENT WILL THE GROUPVINETM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE GROUPVINETM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE GROUPVINE'STM TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

Questions or Reporting Violations:

If you have any questions about the foregoing, or wish to report a violation of these Terms, please contact us at the following e-mail address: info@groupvine.com.