GROOPLE.COM TERMS OF SERVICE

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Welcome to Groople.com! We are Groople, LLC, a Colorado limited liability company, (“We”, “Us”, “Groople” or the “Company”) and we offer www.Groople.com (the “Service”) according to the terms of service (the “Terms” or “Terms of Service”) below, as well as our separate privacy policy (the “Privacy Policy”).

YOU UNDERSTAND THAT BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR CONTENT.

If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.

We reserve the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to cs@Groople.com.

GENERAL TERMS

This Service is not intended for persons under 18. By using the Service, you represent that you are at least 18 or, if you are not at least 18, you have your parents’ permission to use the Service.

We may prohibit any user from using the Service in our sole discretion at any time for any reason and We are not liable for any damage or loss resulting from such prohibition.

You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions.

You may not use the Service for any illegal activity or to violate laws in your jurisdiction.

You may not use the Service to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.

You may not exploit the Service to access unauthorized information.

Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.

The Company’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.

Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

This Terms of Service constitutes the entire agreement between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

MODIFICATION TO SERVICE

The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.

GENERAL DISCLAIMER

The total charges for your group shall include all nightly room rates and tax recovery charges. Groople accepts no responsibility for omissions of any hotel or travel related company and disclaims liability for actual, incidental, or consequential damages caused by these entities or by Groople.

USER CONDUCT AND SUBMISSIONS

Subject to the license granted below, any video, writing, comments, remarks, ideas, graphics, photographs, or other information (collectively, “Content”) communicated, uploaded or posted to the Service belongs to the person who posted such content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

When you upload, communicate or submit Content to Us, you grant Us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your Content. This right will continue even after you stop using the Service. In addition to the right to publish, you also grant Us under said license the \following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update and/or upgrade by adding or removing; (v) the right to film, perform or post the Content in any media, and (vi) the right to use or incorporate all or any part of the Content in any of Our products or services. By posting Content you hereby waive any and all rights to be compensated by Groople for such content.

When you upload, communicate or submit Content to Us, you grant Us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your Content. This right will continue even after you stop using the Service. In addition to the right to publish, you also grant Us under said license the following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update and/or upgrade by adding or removing; (v) the right to film, perform or post the Content in any media, and (vi) the right to use or incorporate all or any part of the Content in any of Our products or services. By posting Content you hereby waive any and all rights to be compensated by Groople for such content.

  • The Content represents your own original work. You have all necessary rights to submit the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by Our use of the Content.
  • You understand that disclosure of Content does not establish a confidential relationship or obligate Us to treat your Content (or any related materials) as secret or confidential.
  • You hereby irrevocably release and forever discharge the Company and Our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Company and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
  • The Company has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. The Company also has the right, but not the obligation, to limit or revoke the use of privileges of account of anyone who posts such Content.

RESERVATIONS; PAYMENT; CANCELLATION POLICY

No reservation is complete until confirmed. Groople will verify with the credit/debit card company that the billing address and credit card verification number you provided is accurate and that your debit/charge will be accepted. Until such information is verified, the reservation is NOT complete and the rate could be subject to change. Groople is not responsible for (i) any transaction that is declined because an issuing company or travel provider declines a credit/debit card; (ii) any transaction that is declined because the debit/credit card billing address and/or credit card verification number cannot be verified in a timely manner; nor (iii) any changes in rate or any other charges that may occur before the reservation is complete.

You agree to be legally responsible for the purchase terms related to all of your reservations and for all charges, fees, penalties, duties, taxes, and assessments that result from your use of the Service. You are encouraged to carefully review the terms of any offer, including, but not limited to, any rate rules related to your purchase. In certain cases, Groople is not the merchant of record for transactions performed through the Service.

The prices displayed on the site are quoted in U.S. dollars. Groople reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Your credit card/debit card will be charged for your order when you submit payment. Groople will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Groople may incur in its efforts to collect any unpaid balances from you.

You agree not to use the Service to make any speculative, false, or fraudulent reservation, or for any purpose that is deemed unlawful or prohibited by law or these Terms of Service. Violators may be prosecuted to the maximum extent of the law; (ii) will not use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Service; and (iii) will not perform any action that, in Groople’s discretion, imposes a burden or unreasonable load on Groople’s computers.

Groople’s cancellation policy is subject to change based on the hotels’ or any other third party’s cancellation policy. You will be advised of any cancellation charges and policy changes prior to the booking and subsequently on your contract.

All cancelations or changes must go through the Groople customer service department. You can contact the Groople service department by email at cs@groople.com or by telephone at (817) 987-9004.

No refunds shall be issued for no shows or early check-outs unless otherwise approved by Groople and the respective hotel staff.

CANCELLATIONS FOR GROUP BOOKINGS

Group bookings require a deposit in most cases, and in some cases, full payment may be required at the time of booking. Most groups will be required to pay in full if arriving within 30 days of the booking. Any rooms that remain unpaid after the payment due date will be cancelled and be subject to a cancellation fee unless otherwise agreed to and noted on the group booking contract.

Guests and/or the group leader shall be required to provide a credit card for incidentals upon arrival to the hotel. The total charges for your reservation shall not include extra charges assessed by the hotel during your stay, including applicable hotel service fees, resort fees, charges for optional incidentals (i.e. mini-bar snacks, telephone calls, pay-per-view movies, etc.), or regulatory surcharges. The hotel will assess these fees, charges, and surcharges upon checkout unless these are specifically stated on your group booking contract.

CANCELLATIONS FOR BOOKINGS CONDUCTED ONLINE (IMMEDIATE)

Cancellation of your group 31 days or more prior to arrival may result in no additional cancellation charge. The cancellation fee resulting from your group’s cancellation 8 to 30 days prior to your arrival will vary based on the size of your group and if any additional meeting space is booked. Cancellation of your group less than 7 days prior to arrival shall result in a cancellation charge equivalent to the total amount already deposited with Groople.

CANCELLATIONS FOR THE BOOKINGS CONDUCTED THROUGH THE GROOPLE BID PROCESS (FUTURE BOOKINGS)

The bid process cancellation policy is subject to change based on the hotels’ or any other third party’s group cancellation policy. You will be advised of the group block cancellation, room cancellation, and policy changes in your group contract. By accepting the group contract, You agree that you have read the group contract and you agree to any subsequent cancellation or policy changes made in your group contract.

A reduction in the number of rooms or nights reserved 31 or more days prior to arrival may be subject to an additional charge based on the number of rooms and/or nights booked. No reductions in the number of rooms and/or nights shall be allowed within 7 days prior to arrival.

CONTENT POSTED BY THIRD PARTIES

We cannot control all Content posted or provided by third parties to the Service, and We do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Groople be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damages of any kind incurred as a result of your use of any Content. Some of the information on www.Groople.com is provided by third parties and may not always be accurate due to the constantly changing nature of the data. All rates, offers, prices, and conditions of sale may be subject to and/or limited by: (a) current availability (b) change without notice; (c) advance purchase, eligibility, or other limitations; (d) travel days, dates, minimum or maximum stays, holidays, seasons or blackout dates; (e) reservation validation limitations of up to one year (if any extension permitted, penalties/restrictions may apply); and/or (f) other conditions/restrictions. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

Other restrictions or special rules may apply, including, but not limited to: (i) an ID may be required to qualify for certain special rates, (e.g., membership in AARP); (ii) if there are more guests than the reserved room can accommodate, there may be an extra person charge, or a larger room may be required by the hotel at a higher rate than the smaller room; or (iii) your credit card may be charged immediately upon reservation of a hotel room.

TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Groople urges customers to review travel prohibitions, warnings, announcements, advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular destinations can be found on www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, GROOPLE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

COPYRIGHT, OWNERSHIP, AND DATA SECURITY

The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. In addition, all software, applications, and modules (collectively, the “Software”) is considered proprietary. You may not rent, lease, sub-license, assign, or merit others to use the Software. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.

The content and information on www.Groople.com including but not limited to, price, and availability of travel services) as well as the infrastructure used to provide such content and information is proprietary to us or our suppliers and providers. While you may make limited copies of your booking confirmations (and related documents) for hotel accommodations booked through this Service, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative from, transfer, or sell or re-sell any information, software, products or services obtained from or through this website.

THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SERVICE POSTING OR REBROADCASTING THE CONTENT IN ANY WAY INCLUDING, BUT NOT LIMITED TO: POSTING CONTENT ON WWW.GROOPLE.COM.

The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.

The company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: cs@Groople.com.

GROOPLE WARRANTIES; DISCLAIMERS

Groople hereby represents and warrants that use of the Service as contemplated herein will not infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws.

UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, GROOPLE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. GROOPLE DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

LIMITATION OF LIABILITY AND DAMAGES

WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY USER TO GROOPLE HEREUNDER.

INDEMNIFICATION

You agree to indemnify and hold harmless Groople and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Service or the delivery of products, services or information over the Service, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Service or your use of the Service or any products, services or information obtained from the Service.

GOVERNING LAW

You hereby consent to the exclusive jurisdiction and venue of the courts in Denver County, Colorado, USA in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that fails to give effect to all provisions in these Terms of Service and the Privacy Policy, including this paragraph.

ABOUT THESE TERMS

We may modify these terms as necessary to reflect updates to the Service, www.Groople.com, or changes in the law. We will post any such modifications to the terms on this page. If you do not agree with or accept the changes in the terms, your only recourse is to discontinue your use of the Service.

These Terms create an agreement between Us and you. They do not create any third-party beneficiary rights.

Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.

The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms.