1. Overview
Welcome to GroupValet.com. This web site (www.groupvalet.com or any replacement and associated sites, the "Site") is operated by Oozbop, L.L.C. ("Oozbop," "we," or "us"). The services offered by Oozbop include the Site and any other features, content, or applications offered at any time and from time-to-time by Oozbop in connection with the Site (collectively, the "Services").
2. Acceptance
THIS WEB SITE TERMS AND CONDITIONS OF USE ("TERMS") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL USER, VISITOR, AGGREGATOR, OR PURCHASER OF ANY OOZBOP SERVICES) ("YOU" AND "YOUR") AND OOZBOP, L.L.C. BY USING THE SITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TERMS, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE AND ANY SERVICES PROVIDED BY OOZBOP. AS USED HEREIN, "SERVICES" INCLUDES USE OF ANY VERSION OF ANY OOZBOP SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE SITE OR SERVICES.
3. Changes to Terms
We may revise these Terms at any time and from time-to-time, and by your continued use of the Site you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of the Site to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time and from time-to-time, without prior notice to you.
4. Eligibility
Use of and membership in the Services is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under thirteen (13) is unauthorized, unlicensed, and in violation of these Terms. By using the Services or the Site, you represent and warrant that you are thirteen (13) years of age or older.
5. Registration Data; Account Security
In consideration of your use of the Site and Services, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Oozbop, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
6. Use of the Site Content
The contents of the Site, including the text and images, (collectively, "Site Content") are copyrighted and the property of Oozbop and its affiliates, vendors and licensors. Oozbop hereby grants you a nonexclusive, non-transferable, limited license to use the Site and the Site Content solely for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and all other proprietary notices and comply with any applicable end user license agreements. All other use, distribution, modification, or reproduction, in whole or in part, of the Site and the Site Content is prohibited without the prior written consent of Oozbop.
As a condition of your use of the Site, you warrant to Oozbop that you will not use the Site or Site Content for any purpose that is unlawful or prohibited by these Terms. You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Services or the Site in any manner that could damage, disable, overburden, or impair the Site. If you breach any of these Terms, your authorization to use the Site shall automatically and immediately terminate and you must immediately destroy any downloaded or printed materials.
Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Oozbop or its affiliates, vendors, and licensors.
7. Third Party Web Sites and Content
The Site may contain (or you may be sent through the Site or the Services) links to other web sites ("Third Party sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (collectively, "Third Party Materials"). All Third Party Materials on the Site are the responsibility of their respective authors, creators, and owners. Oozbop does not investigate, monitor, or check for accuracy, appropriateness, or completeness of Third Party Materials, and we are not responsible for any Third Party sites accessed through the Site or any Third Party Materials posted on, available through, or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party sites or the Third Party Materials. Inclusion of, linking to, or permitting the use or installation of any Third Party site or any Third Party Materials does not imply approval or endorsement thereof by Oozbop, and the views and opinions expressed in Third Party Materials are not necessarily those of Oozbop or its affiliates. If you decide to leave the Site and access the Third Party sites or to use or install any Third Party Materials, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site. Please be advised that Third Party Materials may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute Third Party Materials may be limited accordingly.
8. Your Account
You may be required to create an account to access and use certain Services and other features on the Site. You agree to provide only true and correct information in establishing your account. You are responsible for all activities conducted using your account and you are solely responsible for safeguarding your password and other access information. You will notify Oozbop immediately if you believe the security of your account has been compromised. You may not use the account of another user without the other user's prior authorization.
9. Infringement Notices
As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site:
Jeff Tomberg, Founder
6526 Old Brick Road, Ste 120, PMB 118
Windermere, FL 34786
If you believe Site Content or any Service available through the Site infringes a copyright, please provide the following information to the person identified above:
| (a) | a physical or electronic signature of the copyright owner or authorized agent; | ||
| (b) | identification of the copyrighted works claimed to have been infringed; | ||
| (c) | identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; | ||
| (d) | information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); | ||
| (e) | a statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and | ||
| (f) | a statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. | ||
10. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Oozbop has adopted a policy of terminating, in appropriate circumstances and at Oozbop's sole discretion, members who are deemed to be repeat infringers. Oozbop may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, or otherwise use the Site in violation of these Terms or other applicable terms.
11. Indemnity
You agree to indemnify and hold Oozbop, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of this Agreement or of any law or the rights of any third party.
12. User Disputes
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
13. Disclaimer
The Site and the Services may be temporarily unavailable from time-to-time for maintenance or other reasons. Oozbop assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. Oozbop is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including, but not limited to, injury or damage to your or to any other person's computer, mobile phone or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or in connection with the Services. Under no circumstances will Oozbop be responsible for any loss or damage, including, but not limited to, any loss or damage to any user content, or personal injury or death, resulting from anyone's use of the Site or the Services, any Site Content, any other user content, or Third Party Material posted on or through the Site or the Services or transmitted to users, or any interactions between users of the Site, whether online or offline.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICES, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEB SITES.
14. Limitation of Liability
OOZBOP AND ITS AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Arbitration
YOU AND OOZBOP AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, EXCEPT THAT, TO THE EXTENT THAT EITHER OF US HAS IN ANY MANNER INFRINGED UPON OR VIOLATED OR THREATENED TO INFRINGE UPON OR VIOLATE THE OTHER PARTY'S PATENT, COPYRIGHT, TRADEMARK, OR TRADE SECRET RIGHTS, OR YOU HAVE OTHERWISE VIOLATED ANY OF THE USER CONDUCT RULES SET FORTH HEREIN, THEN THE PARTIES ACKNOWLEDGE THAT ARBITRATION IS NOT AN ADEQUATE REMEDY AT LAW AND THAT INJUNCTIVE OR OTHER APPROPRIATE RELIEF MAY BE SOUGHT.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Oozbop will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site or the Services (including your visit to or use of the Site or the Services) be instituted more than three (3) years after the cause of action arose.
16. Accuracy and Integrity of Information
Although Oozbop attempts to ensure the integrity and accurateness of the Site, Services, and the Site Content, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the Site, Services, or Site Content could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Oozbop so that it can be corrected. Information contained on the Site may be changed or updated without notice. Oozbop does not guarantee the integrity or accurateness of any content uploaded to the Site or through the Services by any user or by any other third party, and Oozbop shall not be responsible for any content posted to the Site or through the Services by any user, or by any other third party.
17. Other Web Sites
Oozbop makes no representations whatsoever about any other web site that you may access through the Site. When you access a non-Oozbop web site, please understand that it is independent from Oozbop, and that Oozbop has no control over the content on that web site. In addition, a hyperlink to a non-Oozbop web site does not mean that Oozbop endorses or accepts any responsibility for the content, or the use, of the linked web site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
18. Links to the Site
Without our express, prior, and written permission, it is expressly prohibited to do any of the following: (a) "frame" the Site, Services, or any Site Content or otherwise cause the Site, Services, or any Site Content to appear in a window with any other material that does not constitute Site Content; (b) cause the hyperlink to the Site, or the Site, Services, or any Site Content, to be displayed in any way that is disparaging to Oozbop or any entity that is affiliated or associated with Oozbop; or (c) otherwise imply or state that any type of relationship or special arrangements exist with Oozbop and any other entity.
19. Privacy Policy
Information that you provide or that we collect about you and your organization, in connection with your access to and use of the Site or Services, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.
20. Choice of Law; Venue
These Terms are entered into in the State of Connecticut, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Connecticut, U.S.A., exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut, U.S.A., and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the provisions in these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
21. Termination
Oozbop may terminate your membership, delete your profile, and any content or information that you have posted on the Site, or prohibit you from using or accessing the Services or the Site (or any portion, aspect, or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under thirteen (13).
22. Entire Agreement
These Terms constitute the entire agreement between Oozbop and you pertaining to the subject matter hereof. In its sole discretion, Oozbop may modify these Terms by posting the revised version on this Site, and by continuing to use this Site, you agree to be bound by any such modifications. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
Last Updated: December 2, 2016