GROUPVITALS.COM TERMS OF SERVICE AGREEMENT

 

Effective Date: February 12, 2015

 

Welcome to GroupVitals.com. The GroupVitals.com website, mobile application and its associated services, including the domain huddle123.com, (“GroupVitals”) and content (collectively “Service”) is a service that is owned and operated by Group Vitals, LLC. GroupVitals has adopted this Terms of Use Agreement (“Agreement”) to inform You of Your rights and duties when using the Service. If You do not agree with the terms and conditions contained within this Agreement, You are expressly prohibited from using the Service and must discontinue Your use immediately.

 

GROUPVITALS MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT GROUPVITALS MODIFIES, LIMITS, CHANGES, OR REPLACES THE SERVICE, YOUR USE OF THE SERVICE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

 

1. Service Provider

 

You warrant, understand, and agree that GroupVitals is providing this Service for use by those who wish to utilize software as a service (SAAS) to manage and track community Group activity within a church.  GroupVitals allows input and storage of church “Member” data to track and quantitatively measure community engagement and leadership, including such items, which are subject to change, as health score for Members and Groups, active rate for Members and Groups, attendance rate for Members and Groups, and overall health score for the church.  GroupVitals further allows public and private listings of available “Groups” within the church, along with incoming requests by Members to join Groups via “Forms” and a way to track this process. 

 

GroupVitals accomplishes its service by allowing Members to send electronic mail (email) and/or text message communications, for personal and non-commercial purposes, to other Members.  The communications include content selected by You, and may include survey or other information, for which GroupVitals has no responsibility.  GroupVitals provides You, upon registration of a Member Account, with the ability to add the email addresses, full name, date of birth, marital status, address, gender, social media profiles, spouse, children and phone numbers of individuals You wish to add to GroupVitals as a Member.

 

2. Warranties and Representations

 

You warrant and agree that You have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that You are a human individual that is eighteen (18) years of age or older. You warrant that You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise. You warrant that You are not prohibited from assenting to this Agreement by any preexisting agreement.

 

You further warrant, understand, and agree that GroupVitals is not the author, creator, or sender of the email or text message and is not responsible for the content of any email, text message or attachment thereto.  You and You alone represent that You have permission to use any Group Member’s email address and phone number for purposes of inclusion in the Group and for email and/or text message correspondence when You register and create any Group account.

 

You agree to accurately and without deception complete the “from” and “subject” line of all emails You send.  You understand and agree that GroupVitals may add a link to its Service, including its website, and a statement such as "Email Sent Using GroupVitals.com.  By using the GroupVitals Service, You agree to its Terms of Service”, or similar language, in the footer or other similar location.  You further understand and agree that Group Members who have received an email from a registered user, including You, using GroupVitals, may click the opt-out link to stop receiving emails sent via GroupVitals.  You agree that You will not add Members to a Group for whom You do not have permission to do so and will not interfere with any such Member’s ability to opt-out of receiving email correspondence from the Group.

 

You agree to use GroupVitals for only lawful purposes and in compliance with this Agreement.  GroupVitals does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with Your obligations hereunder, under applicable law or with third party rights.  Given the global nature of the Internet, You agree to comply with all laws and rules where You reside or where You use GroupVitals regarding online activities, email, and conduct.  GroupVitals is operated in the United States and GroupVitals makes no representation that its Service is appropriate, lawful, or available for use in other locations.  GroupVitals is not offered where prohibited by law.

 

GroupVitals is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, or legality of the information contained within any email, text message or other service displayed on or offered through use of its Service. GroupVitals and is not responsible for and does not warrant that it will be compatible with GroupVitals’ Service or free from error or failure.  You understand and agree that the content of this website does not contain or constitute representations to be reasonably relied upon, and You agree to hold GroupVitals harmless for any errors, omissions, or misrepresentations contained within the website's content as well as the services provided by any email service provider You use.  GroupVitals will not be in violation of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry, or otherwise as a result of the action or inaction of a third party.

 

GroupVitals cannot guarantee anonymity to users of GroupVitals and its Service given the advances in technology and tracking of IP addresses and other information that may lead to the identification of a user of GroupVitals.

 

3. Acceptable Uses

 

You agree that You will not use the Service to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Service.

 

Specifically, You are prohibited from, without limitation:

 

1.    Spamming, including using for mass email, or generating a number of emails in excess of industry norms for which you do not have permission from the intended recipient.  No spam of any kind is allowed, including, without limitation, mass emailings, unsolicited commercial email messages, email scraping software, emails sent with intent to solicit sales, and spam sent from networks outside of GroupVitals containing links to GroupVitals.  Any software that can be used as a spam tool may be deemed a spam resource at GroupVitals’s sole discretion. GroupVitals reserves the right, but does not assume any duty or obligation to monitor or otherwise, to determine if particular email being sent or received is spam.  If You are concerned about Your emails being deemed spam in violation of the CAN-SPAM Act or similar law, You should consult an attorney and ensure compliance with the law, which You can review by visiting CAN-SPAM Act: A Compliance Guide.  In addition, in the event You send email messages to Canadian email accounts, You are the sole person sending or causing or permitting the message to be sent, within the meaning of Canada's Anti-Spam Legislation, S.C. 2010, c. 23;

2.    Phishing.  No email "pretending" to be or impersonating another for whatever reason, including but not limited to, attempting to obtain or gain access to personal information or personally identifiable information, such as credit card numbers, SSNs (social security numbers), national insurance numbers, passwords, security credentials, or sensitive personal or health information of any kind;

3.    Sending email to distribution lists, newsGroups, publicly available press or media addresses or purchased email addresses;

4.    Sending text messages or other communications via telephone or fax in violation of the law, including the Telephone Consumer Protection Act  (TCPA);

5.    Harassing a third party through Your use of the Website;

6.    Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;

7.    Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;

8.    Posting or transmitting content that is offensive, derogatory, obscene, or otherwise objectionable;

9.    Posting or transmitting content that is defamatory;

10. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a pyramid scheme, unlawful lottery or gambling, or a chain letter;

11. Posting or transmitting content that markets material or exploits children under the age of 18 years of age;

12. Posting or transmitting content that advocates, promotes, or encourages violence against any governments, organizations, Groups, entities, individuals;

13. Posting or transmitting content that provides information, instruction, advice, or assistance in causing or carrying out any violence or unlawful activity;

14. Posting or transmitting viruses, worms, Trojan horses, spyware, or other harmful code or material;

15. Posting or transmitting content that pertains to pornography, illegal drugs or contraband, illegal goods/pirated software/infringing material, or weaponry;

16. Posting or transmitting content that violates any term or condition of this Agreement;

17. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;

18. Circumventing GroupVitals’s technological or security protection mechanisms;

19. Using a robot, spider, scraper, or other automated technology to access the Website;

20. Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international; or

21. Using GroupVitals if You are restricted from doing so by an United States governmental department or agency, including, without limitation, the U.S. Treasury Department or the U.S. Commerce Department.

 

Your violation of any term or condition of this section may result in the immediate termination of Your registration and Member Account and the disabling of Your access to the Service. 

 

4. User Generated Email Content

 

GroupVitals provides You with the ability to submit user generated email content through the Service, which may include, but is not limited to, information, text, photographs, images and designs, and attachments, in whatever form (collectively “User Generated Email Content”).  You agree that You are the owner of, or have rights to, any and all User Generated Email Content submitted through use of the Service. You agree that any and all User Generated Email Content submitted through GroupVitals is at Your sole risk and not that of GroupVitals.  You further warrant that any User Generated Email Content that You submit through the Service will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

 

By submitting User Generated Email Content through the Website, You grant GroupVitals a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use Your information for the customary and intended purposes of the Service. These purposes may include, but are not limited to, providing You or third parties with the Service or its associated services and archiving or making backups of the Service. 

 

5. Section 230 of Communications Decency Act

 

You acknowledge and agree that GroupVitals is an interactive computer service provider under Section 230 of the Communications Decency Act. GroupVitals may edit, remove, or control the content displayed on its website or as part of its Service.  However, GroupVitals shall not edit or control any User Generated Email Content, and You agree that GroupVitals will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious (including spam) content created by third parties, whether through the Service or otherwise.

 

For the purposes of European Directive 95/46/EC and any and all applicable national implementing laws in Your jurisdiction, if so applicable, You understand, acknowledge and agree that You are the data controller, and GroupVitals is merely a data processor. You also acknowledge and agree that You are responsible for complying with all obligations of an information content provider and/or data controller under applicable law.

 

6. Registered Membership Account

 

In order to create a Membership account and use the Service, You will be required to register a Member Account.  Members will provide information, including that set forth in the Privacy Policy incorporated into this Agreement, to GroupVitals when registering a Member Account. 

 

Members do not need to pay a fee to participate in the Service during any free trial period, not to exceed 30-days.  However, thereafter, You agree to Payment, as set forth below.

 

You may only use Your Member Account and You are expressly prohibited from providing additional parties with access Your Member Account.  You agree that, in registering a Member Account, You will provide GroupVitals with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of Your username and password and for any access to Your Member Account, whether authorized or unauthorized. In the event Your Member Account is accessed without Your authorization, You agree to immediately provide notice to GroupVitals. By creating a Member Account, You agree that GroupVitals may contact You by any available means, including, but not limited to, by email.

 

7. Payment Terms

 

GroupVitals requires that You provide a credit card for purposes of payment, which will automatically occur on a monthly cycle and in an amount based upon the particular Group structure utilized by You.  You agree to pay all fees or charges on time, and GroupVitals may terminate or disable your access to the Service or your Member Account if you fail to pay any amount owing to GroupVitals when due.

 

GroupVitals utilizes a third party credit card processor, namely Stripe, Inc., and you agree to their terms, as incorporated herein: https://stripe.com/us/terms.

 

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Service. All costs and fees are quoted and payable in United States dollars.

 

You agree that you will not initiate any chargebacks to GroupVitals unless otherwise authorized by GroupVitals in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against GroupVitals.

 

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify GroupVitals within ten (10) days of any such dispute. You understand that your failure to notify GroupVitals of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

 

GroupVitals reserves the right at any time to modify or discontinue the Service or any of its associated services without notice and in its sole and absolute discretion. GroupVitals reserves the right at any time to modify the price charged for the Service, with prior notice to You.

 

8.  Ownership of Service and Website Content

 

You understand and agree that GroupVitals is the owner, or licensee, of all rights in and to the Service and the website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Service and website are protected by all applicable laws, intellectual property or otherwise, and You are expressly prohibited from using the Service or website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, You are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Service or the website, whether in whole or in part, without the prior written consent of GroupVitals. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.

 

GROUPVITALS is a trademark of GroupVitals in the United States and other countries, and You may not use any of GroupVitals’s trademarks, or other intellectual property, without its prior, written permission.

 

GroupVitals hereby grants You a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Service and website for its customary and intended purposes.  No right to the software or underlying technology is granted to You. Use of the Service or website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to GroupVitals.

 

offered through the Website.

 

 

9. Third Party Links

 

You understand that the Service and/or website may contain links to third party websites, applications, or services that GroupVitals does not own or control. You agree that GroupVitals will not be held responsible or liable for the content of third party websites, applications, or services and that GroupVitals’ inclusion of those websites, applications, or services within its Service and/or website does not constitute GroupVitals’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. 

 

10. Termination

 

GroupVitals may terminate Your access to or use of the Service and/or website, and disable any GroupVitals service, for any reason or no reason whatsoever, including, without limitation, if we determine that Your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion, and any such determination shall be final, binding and conclusive for all purposes under this Agreement.

 

You may terminate Your Member Account at anytime by contacting GroupVitals.

 

11.  Privacy Policy

 

GroupVitals hereby incorporates its Privacy Policy into this Agreement.

 

12. Copyright Policy

 

The GroupVitals Service and website are © 2015 Group Vitals, LLC.

 

GroupVitals respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content or transmitting content that violates another party's intellectual property rights. Unless otherwise stated, this Service and website are the property of GroupVitals and are protected by copyright and other intellectual property laws.

 

By using this Service and/or accessing this website, You agree that You will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

 

If You believe that a user of GroupVitals’s Service and/or website has infringed upon Your copyright rights, please provide GroupVital with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once GroupVitals receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. GroupVitals will also make a good faith attempt to notify the owner or uploader or transmittor of the allegedly infringing content. The owner or uploader or transmittor may respond to GroupVitals with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

 

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

 

1.    The physical or electronic signature of a person authorized to act on behalf of the copyright owner;

2.     Identification of the copyrighted work(s) alleged to have been infringed;

3.     The location of the copyrighted work(s) in the Service or on the website;

4.     Your contact information, such as an address, telephone, fax number, or email address;

5.     A statement that You have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

6.     A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

 

Conversely, if You are a user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

 

1.    Identification of the specific materials that have been removed from the Website;

2.    Your contact information, such as an address, telephone, fax number, or email address;

3.    A statement, under penalty of perjury, that You have a good faith belief that the content was removed as a result of mistake or misidentification;

4.    A statement that You consent to the jurisdiction of the federal district court in which Your address is located or, if You are outside of the US, that you consent to the jurisdiction of the federal courts located in Las Vegas, Nevada;

5.    A statement that You will accept service of process from the notifying party; and

6.    Your physical or electronic signature.

 

Notifications of copyright infringement and counter-notifications may be submitted to the designated agent, Traverse Legal, PLC, 810 Cottageview Drive, Suite G-20, Traverse City, MI 49685 and by email at dmcaagent@traverselegal.com.

 

13. Disclaimer of Warranties

 

GROUPVITALS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE. GROUPVITALS PROVIDES THE SERVICE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

GROUPVITALS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY EMAIL CONTENT TRANSMITTED THROUGH THE SERVICE, ACCURACY OF OR MEANING RELATED TO METRICS OR OTHER QUANTITATIVE DATA PROVIDED TO THE CHURCH BASED UPON MEMBER AND/OR GROUP FUNCTION OR ANY THIRD PARTY LINKS POSTED ON THE WEBSITE.  GROUPVITALS DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. GROUPVITALS RESERVES THE RIGHT TO DISCONTINUE THE SERVICE AT ANY TIME.

 

GROUPVITALS DISCLAIMS ANY WARRANTY OR GUARANTEE OF ANONYMITY TO ITS USERS.

 

14. Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT GROUPVITALS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICE OR OTHER SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT GROUPVITALS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY CREDITS OR SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO GROUPVITALS FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

You understand and agree that GroupVitals is entering into this Agreement based upon reliance on the disclaimers of warranty and limitations on liability and they form the bargain between the GroupVitals and You.

 

15. Indemnification

 

You agree to hold harmless, indemnify, and defend GroupVitals, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to Your use of the Service and/or website, Your violation of any term or condition of this Agreement, breach by You, email content sent by You, or Your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or Your violation of the rights of a third party. Your obligation to defend GroupVitals under the terms of this Agreement will not provide You with the right to control GroupVitals’s defense, and GroupVitals reserves the right to control its defense regardless of Your contractual requirement to defend GroupVitals.  In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to Your use of GroupVitals, we may, in our sole discretion, require You to reimburse us for our reasonable expenses associated with complying with such subpoena or order, if at all.

 

16. Assignment

 

You hereby understand and agree that You are prohibited from assigning Your rights and obligations under this Agreement. GroupVitals may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Service and/or website.

 

17. Resolution of Disputes

 

This Agreement will be interpreted under and governed by the laws of the State of Nevada without giving effect to any conflicts of laws principles. You agree that any claim or dispute that You may have against GroupVitals will be exclusively resolved through arbitration.

 

YOU AND GROUPVITALS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE AND/OR WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN LAS VEGAS, NEVADA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF NEVADA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND GROUPVITALS AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEVADA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND GROUPVITALS AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

18. Miscellaneous Provisions

 

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

 

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

This Agreement, the Privacy Policy, and the Copyright Policy incorporated by reference constitute the entire agreement between You and GroupVitals with respect to the Service and website and Your relationship with GroupVitals. You understand and agree that there are no further understandings, agreements, or representations with respect to the Service and/or website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from You will not bind GroupVitals.

 

The Service and/or website is not directed to persons under the age of eighteen (18) and GroupVitals will not knowingly collect personally identifiable information from children under the age of eighteen (18). If GroupVitals inadvertently collects personally identifiable information, GroupVitals will delete the personally identifiable information in accordance with its security protocols.

 

GROUPVITALS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE AND/OR WEBSITE MUST COMMENCE WITHIN TWELVE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN TWELVE MONTHS WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GROUPVITALS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

All rights not expressly granted herein are reserved to GroupVitals.

 

 

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC