Thank you for your interest in GroupAhead, Inc., (“GroupAhead,” “we”, “our”, or “us”) and our services that users can access through our application for mobile devices (the “Mobile App”) and our websites (the “Site”, collectively all the “Service”). By, installing the Mobile App or continuing to use the Service, you indicate that YOU ACCEPT these Terms and any of our policies referenced herein (collectively the “Terms”), and that YOU AGREE to abide by these Terms. If at any time you do not agree with these Terms, please immediately uninstall the Mobile App and cease all use of the Service.
The Service we market and offer for subscription allows administrators of groups, communities and organizations (“Community Administrator”) to purchase the rights to access and use a white-labeled version of our Mobile App and Site solely for their members to communicate and engage with one another.
You must be 13 years or older to use the Service and register for an “Account.” YOU HEREBY REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. You must register for an Account and use the Service only on behalf of yourself.
If you are registering or using an Account with us on behalf of a company, entity or organization (collectively, “Subscribing Organization”), then you represent and warrant that you are an authorized representative of the Subscribing Organization with the authority to bind such organization to these Terms, and you agree to these Terms on behalf of such Subscribing Organization. In such cases, “you”, “your” or “yourself” means either your Subscribing Organization, and any other personnel accessing and using the Services, or you as an individual user.
Summary: You must be over 13 years of age to use the Service. If you are representing a Subscribing Organization in your use of the Service, you must have the authority to bind such organization to these Terms.
To set up your Account, you must provide your full name and any other information requested in order to complete the signup process to open an Account. You agree that the information you provide to us during the signup process and at all other times will be true, accurate, current and complete. You agree to keep this information accurate and up to date at all times.
You are solely responsible for maintaining the security of your Account and password. We are not liable for any loss or damage from your failure to maintain this security obligation. If you believe that your Account has been compromised, then you agree to immediately notify your applicable Community Administrator.
You are responsible for all texts, data, graphics, photos, video files and any other content you submit to the Service and all activity that occurs under your Account (your “Content”) (even when Content is posted by others who have access to your Account). By submitting your Content to the Service, you represent that you are the creator and owner of the Content, or that you have all the necessary licenses, right, permissions and consents to authorize us to use and distribute the Content in a manner consistent with the features of the Service. Further, you agree and acknowledge that you are making your Content publicly available to third parties who access and use the Service. Further, by submitting your Content to the Services, you grant us a world-wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing the Content in or with the Service. If you delete Content, we will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. We, in our discretion, reserve the right to delete any Content without prior notice.
You shall not in any way use the Service or submit to us or to the Service or to any user of the Service anything which in any respect:
Summary: You must provide us with accurate information about yourself and are responsible for keeping access to your Account secure at all times. You may submit Content to the Service to share with other users of the Service, and in doing so, you provide us with the necessary rights to display that Content in the Service. When using the Service, you will be adhere to your community’s standards of acceptable conduct and not break any law, or doing anything hateful, objectionable or shady.
You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted to the Community Administrator and only if your Community Administrator does not respond within a reasonable amount of time, may you submit a cancellation request to us at firstname.lastname@example.org. Any other means will not be considered valid. Upon cancellation, your Content will not be deleted from the Service until either you delete and remove it yourself, or request from your Administrator that your Content be deleted. After a reasonable amount of time after your cancellation, your Content may be removed or deleted or removed by your Administrator.
We, in our sole discretion and without penalty have the right to suspend or terminate your Account, remove or delete your Content and refuse any and all current or future use of the Service, or any other of our services, for any reason at any time. The reasons we might do this include your violation of these Terms. Such termination of your access and use of the Service will result in the deactivation or deletion of your Account and/or your access to your Account, and the forfeiture and relinquishment of all Content associated with your Account. You agree that we will not be liable to you or to any third party for such termination. We reserve the right to refuse service to anyone for any reason at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
Summary: We and you may cancel or terminate your Account at any time for any reason.
Except as provided for herein and to the extent necessary for us to offer the Service, these Terms do not license, transfer or assign from you to us any rights to your Content.
The Service is owned and operated by GroupAhead, Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services and all other elements of the Service provided by GroupAhead (the “Materials”) are protected by United States copyright, trade dress, patent and trademark laws, international conventions and all other relevant intellectual property and proprietary rights and applicable laws. All Material contained in the Service is the property of GroupAhead or its subsidiaries or affiliated companies and/or suppliers and licensors. All trademarks, services marks and trade names are proprietary to GroupAhead or its affiliates and/or suppliers or licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, created derivative works from or otherwise make unauthorized use of the Materials. These Terms do not license, transfer or assign from GroupAhead to you any GroupAhead or third party rights or intellectual property rights. GroupAhead reserves all rights not expressly granted in these Terms.
Summary: We own the Mobile App, but not your Content.
We have not reviewed, and cannot review, all of the content and submissions posted by third parties in the Service. We are not responsible for third parties’ content, submissions or use of the Service. You understand that when using the Services, you will be exposed to content and materials posted by third parties or from a variety of sources and that we are not responsible for the quality, accuracy, usefulness or intellectual property rights of or relating to such third party content and submissions. You further understand and acknowledge that you may be exposed to third party content and submissions that are inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you may have against us with respect thereto. We do not endorse any third party content or submissions and we expressly disclaims any and all liability in connection with third party content and submissions. We reserve the right to determine in our sole discretion whether to remove any third party content or submissions or other content.
Summary: We are not responsible for the content and material posted by third parties in the Service.
We retain the right to block or otherwise prevent the delivery of any type of file, posting or other communication to or from the Service as part of our efforts to protect the Service, protect our customers and users, or stop you from breaching these Terms.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by we to be repeat infringers. If you are a copyright owner or an agent thereof, and you believe that any content in the Service infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at . For clarity, only DMCA notices should go to our Designated Copyright Agent. Please note that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and any removal requests may not be acted upon. Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Summary: If you believe that your copyright(s) is being infringed by a third party user of the Service, you may send a notice and request that complies with the DMCA process for such. We will respond to all such notices, including, as deemed required or appropriate, by removing the infringing material.
THE SERVICE AND ALL OTHER OF GROUPAHEAD’S SERVICES ARE PROVIDED “AS IS”. GROUPAHEAD AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER GROUPAHEAD NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE SERVICE (INCLUDING THE DATA, YOUR CONTENT AND THIRD PARTY CONTENT AND SUBMISSIONS) OR GROUPAHEAD’S SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNITERRUPTED.
Summary: We provide the Mobile App “as is” and without warranty of any kind.
You agree to indemnify, defend and hold GroupAhead, its affiliated companies, contractors, employees, agents and its third party supplier, licensors and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, your violation of these Terms and any posted GroupAhead policy or any breach of your representations, warranties, obligations and covenants herein. GroupAhead reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GroupAhead, and you agree to cooperate with GroupAhead’s defense of these claims. GroupAhead will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
IN NO EVENT WILL GROUPAHEAD, OR ITS SUPPLIERS OR LICENSORS, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, OR YOUR INTERACTION WITH OTHER USERS IN THE SERVICE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO GROUPAHEAD DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDING THE DATE OF THE CLAIM OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.
Summary: We are not responsible if you break the law, breach this agreement or the rights of a third party, especially if you get sued. The Service is “as is”, so it may have errors or interruptions and we provide no warranties.
You acknowledge and agree that we have offered the Service, and have entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, and that the warranty disclaimers and the limitations of liability herein reflect a reasonable and fair allocation of risk between you and us, and that such forms the essential basis of the bargain between you and us. We would not be able to provide the Service to you on an economically reasonable basis without these limitations.
Summary: The warranty disclaimers and limitation of liability form the basis of the bargain between you and us, and without them, we cannot offer the Service to you for access and use.
These Terms constitutes the entire agreement between you and us. Any headers and the summaries are provided for your convenience and do not constitute binding terms or provisions of these Terms. Except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of the Service will be governed by the laws of the State of California, U.S.A, excluding any conflict of law provisions and the proper venue for any disputes arising out of or relating to the same will be in the state and federal courts located in San Francisco County, California, U.S.A. Our failure to exercise any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver will be effective only if in writing and signed by us. If any provision of these Terms or any policies is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not effect the validity or enforceability of any remaining provisions. We and you are not legal partners or agents, but are independent contractors. You may not transfer or assign these Terms, or any rights or licenses granted hereunder under any circumstances. We may be transfer or assign these Terms without restriction. Any attempted transfer or assignment of these Terms by you will be void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.
Unless stated otherwise in these Terms, notices to GroupAhead must be sent to , with a copy to the Legal Department sent to .