Please read these Terms of Service (the “Terms”) carefully, before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
These Terms govern your access to and use of the website located at GroupKit.com (the “Site”) and the hosted Products and services available via the Site, that are offered by GroupKit.com (“GroupKit.com”). The Site and the hosted Products and Services are referred to collectively throughout these Terms as the “Services”.
YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH GROUPKIT.COM. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Wherever used in these Terms, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
GroupKit.com reserves the right to modify, supplement or replace these Terms, effective upon posting the changes on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.
1. Modification of this Agreement
GroupKit.com reserves the right to change, modify, add, or remove portions of this Agreement at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, GroupKit.com may be required under applicable law to give you advance notice, and GroupKit.com will comply with such requirements.
2. The Services
2.1 Third Party Products and Services.
The Services may enable you to access, interact with or purchase Products or services provided by third parties, including from third party websites or applications linked to or accessible through the Services (“Third Party Services”). GroupKit.com provides access to Third Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals or verification by GroupKit.com of such Third Party Services. You acknowledge that the use of Third Party Services may be subject to the terms and conditions of such Third Party Services, and that any contract entered into or transaction completed through Third Party Services is between only you and the relevant third party.
In order to access and use the Services, you must register for a user account by providing log-in information for a user account with a third party service provider accepted by GroupKit.com. You agree that GroupKit.com may access and retain your user account information with the third party service provider for the purposes of managing your user account with GroupKit.com and providing you with the Services.
Subject to the terms of this Agreement, GroupKit.com shall use commercially reasonable efforts to provide you with the Services. The Services are available on a paid subscription basis. You must select a subscription plan at the time of registration detailing the Services to be provided by GroupKit.com, along with any applicable fees and payment terms (the “Subscription Plan”).
2.4 Permitted Uses.
You are responsible for your own conduct when using the Services. You agree that you will only use the Services for lawful purposes and in a manner consistent with these Terms and any applicable rules, policies and guidelines established by GroupKit.com in respect of the Services. Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services is strictly prohibited and GroupKit.com reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or terminate access by any user who is using, or who GroupKit.com reasonably believes is using, the Services in violation of these Terms.
2.5 Prohibited Uses.
Without limiting The Section 2.4, you agree not to use the Services to:
(2.5.1) Interfere or disrupt this Site or networks connected to this Site take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services;
(2.5.2) Communicate, transmit, upload or post information that is inaccurate, incomplete, misleading, false or libellous;
(2.5.3) impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Service(s), perform any other similar fraudulent activity or otherwise purchase our Service(s) with what we reasonably believe to be potentially fraudulent funds;
(2.5.4) Advertise, solicit or otherwise promote the sale or other distribution of Products or services, including Products or services that compete with those offered through the Services, without GroupKit.com’s consent;
(2.5.5) Infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
(2.5.6) Use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law;
(2.5.7) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
(2.5.8) Use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission;
(2.5.9) Engage in conduct that would constitute a criminal or quasi-criminal offence, that would give rise to civil liability, or that would otherwise violate any applicable local, provincial, state, federal or international law or accepted Internet protocol;
(2.5.10) Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
(2.5.11) Intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
(2.5.12) Attempt to interfere with or gain unauthorized access to the Services or its related systems or networks;
(2.5.13) Sell the Services, information, or software license key or premium account associated with or derived from it
(2.5.14) Post or transmit any message, data, image or program which is pornographic in nature
(2.5.15) Communicate, transmit, upload or post material that is obscene, vulgar, pornographic, abusive, defamatory, threatening, racist, sexist or otherwise objectionable;
(2.5.16) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to GroupKit.com, a third party or You use the Services in a manner that GroupKit.com or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
(2.5.17) Use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
(2.5.18) Modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
(2.5.19) Send automated request of any kind to the Site’s system without express permission in advance from GroupKit.com.
(2.5.20) Otherwise use the Services in a manner that could, in the opinion of GroupKit.com, adversely affect the ability of other users to use the Services or the Internet, including post or transmit information or data containing worms, viruses, Trojan horses or other disruptive components;
(2.5.21) Breach this Agreement or any other GroupKit.com agreement or policy provide false, inaccurate or misleading information use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
(2.5.22) Take any action that may cause GroupKit.com to lose any of the Services from its service providers, Telcos, payment processors or other suppliers
(2.5.23) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services;
(2.5.24) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
(2.5.25) Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner ;
(2.5.26) Communicate, transmit, upload or post information or material that infringes intellectual property rights, privacy rights, rights of publicity or any other rights of any person;
(2.5.27) Use or attempt to use the Services to gain unauthorized access to any person’s data or network;
(2.5.28) Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to GroupKit.com;
2.6 Updates and Functionalities.
You acknowledge that from time to time GroupKit.com may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content), and you agree to such changes. Without limiting the foregoing, GroupKit.com may, in its sole discretion, change the functionality associated with certain Subscription Plans.
3.1 Refund Policy.
All sales of Products or services have a fourteen (14) day money-back guarantee that begins the date your payment method is charge. You are responsible for the subscription plan Product or Service(s) that you have purchased. For example, if your free trial ended and your payment method was charged on March 1st it is possible to obtain a refund on or before March 14th.
3.2 Free Trials.
You are entitled to one (1) free fourteen (14) day free trial. If you do not cancel your trial by emailing [email protected]
before day fifteen (15) your credit card will be automatically charged according to your Subscription Plan. We may remove the option for a free trial at anytime.
If you are purchasing a paid subscription for the Services, you must provide GroupKit.com with a valid credit card or other form of payment instrument approved by GroupKit.com to pay for the subscription fee set out in the Subscription Plan. You agree that GroupKit.com has permission to retain and/or share with financial institutions and payment processing firms your submitted payment information in order to process your purchase. You agree that GroupKit.com may bill your credit card or other form of payment instrument approved by GroupKit.com in advance and on a periodic basis in accordance with the Subscription Plan.
3.4 Account Changes and Cancellation.
You may cancel, upgrade or downgade your subscription at any time by contacting [email protected]
. Following an upgrade or downgrade of your subscription, you will be charged or issued a credit, as applicable, for the difference in fees between your old and new subscriptions prorated for the number of days remaining in the subscription period. Following the cancellation of your subscription, the Service will remain active for number of days remaining in the subscription period.
3.5 Late Payment.
If any amounts due under these Terms are not received by GroupKit.com by the due date set out in the Subscription Plan, after a 5-day grace period, GroupKit.com will suspend your access to the Services and cancel your subscription.
5.1. Confidential Information
"Confidential Information" means any information or materials of GroupKit.com that is reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form. You agree to keep strictly confidential the Confidential Information and to not use or disclose the Confidential Information for any purpose other than as required for your use of the Services.
7. Terms and Termination
These Terms shall commence on the date on which you first register for, access or use the Services and shall continue until your subscription is cancelled.
You may cancel your subscription in accordance with Section 7.2, above, and discontinue your use of the Services at any time. If you violate these Terms or any applicable rules, policies or guidelines established by GroupKit.com in respect of the Services, or create any legal risk for GroupKit.com through your use of the Services. You agree that GroupKit.com, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. GroupKit.com may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that GroupKit.com will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GroupKit.com may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
7.3 Effects of Termination.
Upon termination of these Terms for any reason: i) you shall immediately discontinue your use of the Services, and ii) any rights and licenses granted to you under these Terms will terminate.
The following will survive termination of these Terms: Sections :
Modification of this Agreement; 2.5 Prohibited Uses; 3.1 Refund Policy; 3.3 Account Changes and Cancellation; 3.4 Late Payment; Privacy; Confidentiality; 7.3 Effects of Termination; 7.4 Survival; Intellectual Property; User Indemnity; Disclaimer of Warranties; Limitation of Liability; 12.1 Nature of Relationship; 12.2 Governing Law; 12.4 Dispute Resolution; 12.5 Jurisdiction and Venue; 12.6 Force Majeure; 12.7 Assignment; 12.8 Waiver; 12.9 Severability; 12.10 Contact;
8. Intellectual Property
8.1 Our Services.
GroupKit.com is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by GroupKit.com. Without limiting the generality of the forgoing, GroupKit.com owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited.
If you submit any suggestions, comments or other feedback (“Feedback“) to GroupKit.com regarding the Services, you agree that GroupKit.com shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its Products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that GroupKit.com may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
8.3 Subscriber Content.
You retain ownership of all information and content (including text, images, video, audio and other material) that you upload, publish, transmit, link to or otherwise make available through the Services (“Subscriber Content”). You grant to GroupKit.com a non-exclusive, royalty-free, perpetual, irrevocable, transferable, world-wide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index and archive Subscriber Content or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such Subscriber Content, for any purpose and without compensation or obligation to you or any other party. You are solely responsible for Subscriber Content that you upload, publish, transmit, link to or otherwise make available through the Services. If you are posting Subscriber Content belonging to or generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms.
9. User Indemnity.
9.1 You agree to indemnify, defend and hold GroupKit.com, our affiliates, our licensors and/or related parties, each of their respective officers, partners, directors, employees and agents harmless from any and all claims, actions or demands, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to (i) your use or misuse of our Service(s) (ii) your access to or use of the Service(s) or any Subscriber Content; (iii) your violation of these Terms, (iv) your violation of any third party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality, (v) Any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you. You will use your best efforts to cooperate with GroupKit.com in the defense of any claim.
10. Disclaimer of Warranties
10.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GroupKit.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GROUPKIT.COM EXPRESSLY DISCLAIMS THAT: (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; AND (IV) THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED. IN ADDITION, GroupKit.com EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO: (I) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY SUBSCRIBER CONTENT; (II) ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES IN ASSOCIATION OR CONNECTION WITH THE SERVICES, INCLUDING ANY THIRD PARTY SERVICES; (III) ANY HACKING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES; AND (IV) ANY DAMAGE TO YOUR SOFTWARE, COMPUTER SYSTEM OR OTHER PROPERTY CAUSED BY VIRUSES OR OTHER MALICIOUS CODE AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.
11. Limitation of Liability
11.1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BY STATUTE, CONTRACT, TORT OR UNDER ANY OTHER FORM OF LIABILITY, EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
11.2. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GroupKit.com WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GroupKit.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SERVICES; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA AND/OR PERSONAL INFORMATION; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES, OR WITH ANYTHING RELATED TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.
11.3. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY GREATER IF GroupKit.com WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.
12.1 Nature of Relationship.
Nothing in these Terms or from your use of the Services will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship between you and GroupKit.com, even if your use of the Services is for a commercial purpose which has been authorized by us. You and GroupKit.com will, at all times, be and remain independent contractors.
12.2 Governing Law.
You agree that these Terms, and your use of the Services, are governed exclusively by the laws of Arizona and the federal laws of the United States applicable therein (excluding conflicts and choice of laws principles). Any contract formed through the use of the Services will be deemed to have been formed and executed within the United States.
GroupKit.com may communicate with you about the Services or these Terms, including any changes to these Terms, by email or by posting notices on the Site. Unless expressly prohibited by law, you consent to receive communications relating to the Services or our business relationship from GroupKit.com electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You may provide legal notice to: [email protected]
12.4 Dispute Resolution.
(a) Means of Resolution. You and GroupKit.com agree that any disputes arising under these terms or otherwise in connection with your use of the Site will be resolved through arbitration. Arbitration will be held in Scottsdale, Arizona, United States. Notwithstanding the foregoing, you agree that : (i) the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief, and for the purposes of enforcing the decision of any arbitrator appointed in accordance with this provision, and (ii) GroupKit.com may bypass arbitration in cases of fraud or other crimes against it, and in the case of interference with its technical operations or violations of its rights or property.
(b) Class Waiver. The failure of GroupKit.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GroupKit.com. If this paragraph is held unenforceable, then the entirety of this Section 12.4 will be deemed void.
12.5 Jurisdiction and Venue.
If Section 12.4 is deemed void or is otherwise inapplicable, all disputes under these Terms will be resolved by a court of competent jurisdiction located in Scottsdale, Arizona, United States, provided that the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief.
12.6 Force Majeure. Neither party shall be liable for delay or failure in performance (other than the making of payments) resulting from any cause beyond the reasonable control of such party, including but not limited to, acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike lockout, power failures, or the inability to use or the failure of any third party telecommunications carrier or other services, which events or conditions prevent in whole or in part the performance by such party of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make performance commercially unreasonable.
GroupKit.com shall have the right or obligations to assign or transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies under these Terms, either in part or in full, without notice to you.
The failure of GroupKit.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GroupKit.com.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited,altered or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
If you wish to contact GroupKit.com with any questions, comments or concerns regarding the Services or these Terms, contact us at our contact us page.
12.11 Entire Agreement.
13. Intellectual Property Rights and Licenses
Products offered by GroupKit.com are licensed as follows:
(a) Installation and Usage.
Licenses are per user and valid for use on all supported operating systems. License keys may be used on multiple computers and operating systems, provided the license key holder is the primary user. Businesses must purchase at least as many licenses as the number of people using our products.
(b) Backup Copies.
You may make copies of the license key and or products offered by GroupKit.com for backup and archival purposes.
13.2 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any copy of products offered by GroupKit.com.
(b) Distribution. You may not distribute or sell license keys or products offered by GroupKit.com to third parties. Licenses will be revoked if distributed or sold to third parties.
(c) Rental. You may not rent, lease, or lend the license key or products offered by GroupKit.com.
Products offered by GroupKit.com are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
13.4 Subscription Period.
Your right to use the service/software is limited to the subscription period. You may have the option to extend your subscription. If you extend your subscription, you may continue using the service/software until the end of your extended subscription period. After the expiration of your subscription, most features of the service and software will stop running.