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Terms of Service
These Terms of Service govern the interaction between you and Groupigg. The Terms of Service affect your legal rights, responsibilities, privileges and remedies. The term "you" is the individual person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services. By accessing or using the Groupigg sites (collectively, the "Site"), you acknowledge that you have read, understand and agree to all of the terms contained herein and in the Privacy Policy, which is a part of the Terms of Service. IF YOU DO NOT AGREE WITH, UNDERSTAND OR ACCEPT THESE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OR VOUCHER OFFERED THROUGH THE SITE.
Organization of the Terms of Service
ACCEPTANCE OF TERMS OF USE
1. Permitted Uses
2. Ownership of the Site
3. Your Conduct
4. Conditions of Sale
5. Payment Terms
6. Delivery Method
7. Electronic Communications
8. Mispriced Products or Services
9. Refunds
10. Changes to Terms of Service
11. Global Terms
12. Merchant Responsibility
13. Intellectual Property Policy and Digital Millenium Copyright Act (DMCA) Procedures
14. Indemnification
15. Limitations of Liability
16. Disclaimer of Warranty
17. Arbitration
18. Reservation of Rights and Release
19. Governing Law
20. General Provisions
The Site provides an online service operated by Groupigg, wherein retailers or other merchants (“Merchants”) offer discounts on goods and services in the form of Vouchers and Groupigg provides promotional and marketing services on behalf of Merchants. Groupigg account holders may purchase Vouchers and exchange them for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
This website is owned and operated by Groupigg, LLC (“our”, “we”, “us”). All elements of this website, including but not limited to the general design and the Groupigg content, is proprietary to Groupigg, LLC, our Merchants or other partners. This website, its Content and all related rights shall remain the exclusive property of Groupigg or the respective owner thereof unless otherwise expressly agreed. Any content, ideas or suggestions you communicate to us become property of Groupigg. We may freely use our property without compensation to or recognition of you.
Our site is private property. You agree to restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. The actions further described below are a breach by you of these Terms of Service and will constitute grounds for blocking and/or terminating your access to our service. As a condition of your use of our Site, you shall not:
You agree not to reproduce, record, retransmit, sell, rent, broadcast, distribute, publish, upload, post, publicly display, alter to make new works, perform, digitize, compile, translate or transmit the content, information, products or services obtained on or through the Site in any way to any other computer, website or other medium or for any purpose, without Groupigg's prior express written consent. Groupigg expressly disclaims all responsibility and liability for your use of any Content obtained on or in connection with the Site.
You also agree that Groupigg may, in its sole discretion and without prior notice to you, terminate your access to the Site and your “My Account” for any reason, including without limitation:
You agree that Groupigg will not be liable to you or to any third party for termination of your access to the Site.
By purchasing, printing, accepting, using, or attempting to use any Voucher, you agree to the Terms of Use, these Conditions of Sale, the terms on the Voucher itself and any additional deal specific terms advertising the Voucher at the time of purchase (collectively, the “fine print”). In the event of a conflict between these Conditions and a Voucher’s fine print, the Voucher’s fine print will control.
Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following:
By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. The Merchant of Record is Groupigg. All sales are final. All charges from those sales are nonrefundable.
Vouchers are available for use the day after purchase. You will receive an electronic notification when your Voucher is ready to use. Vouchers are always available to reprint on your My Groupigg page unless they have already been redeemed.
Groupigg shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Groupigg shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Groupigg shall immediately issue a credit to your credit card account in the amount of the erroneous charge.
Groupigg will not provide any refunds for any reason, except for erroneous charges.
The communications between you and Groupigg are by electronic means, whether you visit the Site or send us emails, or whether Groupigg posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Groupigg in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Groupigg provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in hard copy. The foregoing does not affect your non-waivable rights.
Groupigg reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Service, at any time. It is your responsibility to check this Terms of Service each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. YOU AGREE THAT ALL SUBSEQUENT PURCHASES BY YOU WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, WHICH SHALL APPLY UNTIL WE POST A MODIFIED TERMS OF SERVICE AGREEMENT AND THEN IN ACCORDANCE WITH SUCH MODIFIED TERMS OF SERVICE. As long as you comply with this Terms of Service and modifications, Groupigg grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
a) No cash value for any Voucher;
b) No cash back will be issued for partial redemption of the paid portion of a Voucher; except as required by law,
c) Vendor may limit the number of vouchers redeemed by one individual or party;
d) No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher;
e) Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or federal laws), unless otherwise noted on the Voucher;
f) Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher;
g) Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable;
h) Neither Groupigg nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers;
i) Duplicate use, sale or trade of a Voucher is prohibited, except as permitted by law;
j) Vouchers expire on the date stated on the Site or printed on the Voucher, except in the State of California or where prohibited by law;
k) Unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
Vouchers purchased through the Site are special promotional offers that you purchase from participating Merchants. The Merchant is solely responsible for the offer; Groupigg and its publishers market the deals and act as agents in selling the Vouchers on behalf of the Merchants. Groupigg cannot guarantee the accuracy or completeness of the information contained on the Site with respect to a Merchant's Deal offer.
By purchasing a Voucher, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. However, the Merchant, as the issuer of the Voucher, is the party solely responsible for fulfilling the Voucher and is responsible for the availability of the products or services, quantity and quality of the products or services.
The Merchant, and not Groupigg, is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Groupigg is not responsible for Merchants that go out of business or change locations. You agree to waive and release Groupigg and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the services or goods provided by the Merchant.
All elements of this website, including, but not limited to, the general design and the Groupigg content, are protected by the Digital Millennium Copyright Act, trade dress, copyright, moral rights, trademark and other proprietary rights. In addition, you should assume that all of the content or other works featured, displayed or made available to you through this website or the Groupigg service, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (together, the "Content"), is protected by copyright or other proprietary rights. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Groupigg reserves all rights not expressly granted hereunder.
You agree to defend, indemnify and hold harmless Groupigg, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorney's fees) arising from: (i) your use of and access to Groupigg; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (v) any dispute between you and a Merchant related to the Merchant's Deal offer or redemption of such offer.
You are solely responsible for your interactions with Merchants. To the extent permitted under applicable law, you hereby release Groupigg from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law or failure to abide by the terms of a Voucher.
In the event of a claim against Groupigg and/or its subsidiaries, shareholders, directors, officers, publishers, agents, third party content providers and licensors, arising from your actions you agree to fully cooperate in their defense against the claim. Groupigg reserves the right to take full and exclusive control of the defense in any claim otherwise subject to indemnification by you and you agree not to settle the matter without Groupigg’s express written consent. Because monetary damages may not be sufficient remedy to Groupigg, you also agree and consent to injunctive or other equitable relief for violations of this Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of Groupigg.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GROUPIGG IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF OUR PUBLISHERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS SIX MONTH PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THREE HUNDRED DOLLARS ($300), WHICHEVER IS LESS. GROUPIGG, ITS PUBLISHERS, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR PUBLISHERS, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AND GROUPIGG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO GROUPIGG MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Groupigg provides the Site and services "as is", "with all faults" and "as available." We make no express warranties or guarantees about the Site or the deals offered on and through Groupigg. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROUPIGG HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER GROUPIGG, ITS PUBLISHERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (ii) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A GROUPIGG REPRESENTATIVE SHALL CREATE A WARRANTY. GROUPIGG SHALL NOT BE LIABLE FOR ANY DAMAGES TO THE USER'S EQUIPMENT RESULTING FROM THE USE OF THIS SITE.
By using this Site or purchasing any goods or services from Groupigg, its publishers, agents, affiliates, merchants, third-party content providers, and licensees or licensors, you agree that any claim, dispute, or controversy, whether arising before or after date of execution of this Agreement, and whether in contract, in tort, or otherwise (including disputes regarding the formation or enforceability of this arbitration agreement), that you may have against Groupigg arising out of, relating to, or in any way connected with this Site or the purchase or sale of any goods and services from Groupigg, its publishers, agents, affiliates, merchants, third-party content providers, and licensors or licensees shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”).
You further agree that:
a) The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Groupigg;
b) The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
c) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Groupigg’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
d) In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Groupigg will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
e) With the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Each Party acknowledges and agrees that this agreement to arbitrate constitutes an irrevocable waiver of its Constitutional right to have such dispute decided in a court of law before a jury.
Groupigg reserves the right, but has no obligation, to monitor, or take any action Groupigg deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Any disputes arising out of or related to these terms and/or any use by you of Groupigg’s Site or services shall be governed by the internal laws of the State of Missouri, USA without regard to its choice of law rules and without regard to conflicts of laws principles, except that the arbitration provision in these terms shall be governed by the Federal Arbitration Act.
Section headings used herein are for convenience only and shall be of no legal force or effect.
Last Updated: November 7, 2011
