Buyers assume the sole risk that (1) the services or products
they purchase may not be satisfactory, useful or beneficial, (2) the products
or services may not be delivered in a utimely or acceptable manner, (3) the
company itself is in some way unsatisfactory and (4) the purchase is in some
way disappointing, unsatisfactory or damaging.
No Liability For Any Damage Caused By Service or Product:
Under no circumstances will GroupESQ be liable for any damages of any kind including
but not limited to direct, indirect, incidental, special, exemplary, or consequential
damages, loss of revenues, goodwill or lost profits, personal injury, advertising
injury, or property damage that may result from the use or inability to use
any service or product offered by the participating companies.
USER AGREES THAT IN THE EVENT HE OR SHE SUFFERS ANY
TYPE OF DAMAGE OR INJURY AS A RESULT OF THE USE OF OR INABILITY TO USE ANY OF
THE SERVICES OR PRODUCTS OFFERED BY A PARTICIPATING COMPANY, THE USER’S
SOLE RECOURSE WILL BE AGAINST THE COMPANY OFFERING THE SERVICE OR PRODUCT.
(But Note: See “Our Guarantee” above.)
Modifications To Our Website and Services:
GroupESQ reserves the right at our sole discretion to change or modify our website
in any way that we see fit, including but not limited to changing or discontinuing
any aspect or feature of our site, including, the content, hours of availability
and equipment needed for access or use. Moreover, GroupESQ reserves the right
to close down our site entirely.
No Guarantee re: Accessibility to Site: GroupESQ
does not guarantee continuous, uninterrupted or secure access to our website
or services. Operation of our website may be interfered with and interrupted
by numerous factors within or outside of our control.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY
TYPE INCLUDING BUT NOT LIMITED TO LOST PROFITS, DIRECT, INDIRECT, SPECIAL, GENERAL,
INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES THAT ARISE OUT OF OR IS IN ANY
WAY CONNECTED WITH ANY INTERRUPTION IN SERVICE.
II. BUYERS’ RESPONSIBILITIES
Buyers Agree To Engage In Due Diligence Prior To Purchases:
Buyers agree that he or she is solely responsible for engaginge in due diligence
before every purchase. Buyer is solely responsible for researching the company
and the items for sale to determine whether or not making the purchase is a
sound financial decision. This includes, but is not limited to, the following:
• Whether the company provides a quality product or service that would
be beneficial to the buyer.
the company is solvent, trustworthy, experienced and the type of company the
buyers wants to do business with.
Buyers Agree to The Terms of The Deal Set Forth on The
Deal Page: Every deal has different terms that are set forth on the
deal page. By making a purchase, a Buyer is agreeing to the terms of the deal
as set forth on the deal page, including but not limited to:
• The item to
• The price
of the item.
• The minimum
number of buyers required.
• The closing
date for the deal.
• The expiration
date, which is the date that you must use the credit voucher by or it will expire
and be void.
• Whether the
credit voucher is transferable.
• Whether the
buyers needs to be a new customer of the seller.
• Whether the
buyer can make multiple purchases as gifts.
terms specific to the particular offer.
Buyers May Cancel Purchase Only Before The Deal Closes:
Buyers may cancel their purchase at any time before the deal closes. After the
deal closes, the purchase is final. To cancel a purchase, simply login with
your email and password and click “cancel purchase” next to the
deal. You will receive an email verifying your cancellation. This is your proof
of cancellation. If you do not receive this email, please email us immediately.
Submitting a Purchase Order: When you submit
a purchase order, you are placing an order to purchase a credit voucher under
the terms and conditions set by the Seller. Your credit card will not be charged
until and unless the deal closes with the requisite number of buyers as set
by the Seller.
You may cancel your purchase at any time before the deal closes. Once the deal
closes, your purchase is final.
IV. INTELLECTUAL PROPERTY
Ownership: GroupESQ retains ownership of all
right, title and interest in and to our website, our services and all content
on our site. User retains ownership of content he or she posts on our site.
User does not transfer ownership or copyrights by posting content on our site.
User shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial
purpose our services, and/or content or access to our services and content.
User shall not reverse engineer, decompile, or otherwise attempt to derive source
code from any software accessible or available through our services.
User Content: By submitting, posting, uploading or sending any content to our
website, User grants us and our affiliates a royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and worldwide license to use such
content on the GroupESQ website. User also warrants that the holder of any intellectual
property or other proprietary rights in that information have been licensed,
waived or assigned to the extent necessary to grant the license from User to
Software: Software made available to download
or use from our website is our copyrighted work. Use of the software is governed
by the terms of the end user license agreement, if any, which accompanies the
software. Users may not use any software unless they first agree to the license
agreement terms. We grant to users a personal, nontransferable license to use
our software for viewing and otherwise using this website in accordance with
these terms, conditions and notices, and for no other purpose. All software,
including without limitation contained in this website, is owned by us and is
protected by copyright laws and International treaty provisions. Any reproduction
or redistribution of the software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible. Users acknowledge that the software and any accompanying
documentation and/or technical information is subject to applicable export control
laws and regulations of the U.S.A. Users agree not to export or re-export the
software, directly or indirectly, to any countries that are subject to U.S.A.
Copyright and Trademark: The content, organization,
gathering, compilation, magnetic translation, digital conversion and other matters
related to the website are protected under applicable copyrights, trademarks,
and other proprietary (including but not limited to intellectual property) rights,
and, any copying, redistribution, or publication of any such content or any
part of the Site is prohibited. All contents of this website are: Copyright
2010 GroupESQ. All rights reserved.
Intellectual Property Rights of Others: By
transmitting, posting, linking or uploading content to our website or through
our website, users represent and warrant that the content does not infringe
upon the copyright or any other statutory or common-law intellectual property
rights (including, but not limited to, trademark, service mark, and trade name
rights), proprietary rights (including, but not limited to, trade secrets),
or rights of privacy or publicity of any third party.
Digital Millennium Copyright Act: If you believe
that your copyright has been violated in any way, please provide us with the
1. An electronic or physical signature of the owner of the copyright or of the
person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed in
addition to the URL (i.e., Internet address) or other specific location on the
Service where the material that you claim is infringing is located, including
enough information to allow us to locate the material and why you believe an
infringement has taken place.
3. A description of the location where the original or an authorized copy of
the copyrighted work exists, for example the URL (i.e., Internet address) where
it is posted or the name of the book in which it has been published.
4. Your address, telephone number, and e-mail address.
5. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law.
6. A statement by you made under penalty of perjury that the information in
your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Our Copyright Agent for Notice of Claims of Copyright Infringement
can be reached as follows:
Copyright Agent: firstname.lastname@example.org
V. TERMINATION AND MODIFICATION OF WEBSITE
Modification of Site: GroupESQ reserves the
right in our sole discretion to (1) improve, modify or remove any information
or content appearing on the website; (2) to alter, delete or add features to
the website; (3) to shut down the website and discontinue operation. Prior to
shutting down the website, GroupESQ will let all active deals close.
Termination: We reserve the right to terminate
any User for any reason, including without limitation to whenever a User breaches
any of the terms or conditions of this Agreement. We may, at our sole discretion,
suspend provision of services (including access) or terminate this Agreement.
Whether or not a breach results in suspension or termination depends on several
factors, including but not limited to the severity of the breach, the potential
harm to other users or to us or the integrity of our site, and whether or not
the breach is repeated or cured. Termination may be affected without any prior
notice. Users agree that no liability shall arise from any termination.
Alerts: By submitting a purchase order, you
acknowledge and agree that you will be sent an email alert whenever a new a
deal is offered in your area. You can opt out of the email alerts at any time.
Newsletter: By submitting a purchase order,
you acknowledge and agree that you will be sent our company newsletter. You
can opt out of the newsletter at any time by so indicating when you receive
your first newsletter.
constitutes the entire agreement between the User and GroupESQ with respect
to our website and al and supersedes all prior agreements between User and GroupESQ. In the event
that a portion of this Agreement is held unenforceable, the unenforceable portion
will be construed in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder of the provisions
will remain in full force and effect. Waiver by either party of a breach of
any provision of this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.
User agrees that there are no other
Any dispute, controversy, or claim arising out of, relating to, or concerning
the interpretation or performance of this Agreement, or related to the use of
GroupESQ, that cannot be resolved through negotiation shall be submitted to
binding arbitration by a neutral arbitrator to be selected mutually by the parties.
If the parties cannot agree on an arbitrator, the parties will petition the
court to appoint an arbitrator. Such arbitration shall occur in San Francisco,
California. Any judgment rendered by the arbitrator may be entered in any court
having jurisdiction thereof. By agreeing to binding arbitration, all parties
hereby waive their right to a jury trial and the right to appeal.
Governing Law: The laws of the United States of America and the State of California
(excluding its choice of law rules) will govern interpretation and enforcement
of this Agreement. User hereby consents to personal jurisdiction in the federal
and state courts of California for any action arising out of or relating to
use of GroupESQ. The federal and state courts of San Francisco County, California
will have non-exclusive jurisdiction over all such actions.