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* Select Category First AdventureCruiseECO-TourismFlights * Select Sub Category Enter Other Sub Category * Group Item * Group Item Description Comparable Website  Upload Item Image * First Name * Last Name * Email Address * Phone Number * Groupling Agreement Please carefully read our Groupling Agreement and click I Agree GROUPLINGS LLC BUYER AGREEMENT ACCEPTANCE OF TERMS Grouplings LLC ("Grouplings") welcomes buyers to Grouplings’ premiere auction site. Grouplings provides its online auction service to buyers (“Buyers”) and vendors (“Vendors”) (Buyers and Vendors are sometimes collectively referred to as “Participants”) subject to the following Terms of Service ("TOS"), which may be updated by Grouplings from time to time without prior notice. In addition, when using the Grouplings’ online Services (as defined below), Participants and Grouplings will be subject to any additional guidelines or rules, which may be posted from time to time, including without limitation, Grouplings’ Rules of the Game, Grouplings’ “How Does It Work” terms, Grouplings’ Web site ("Site")Terms of Use and Privacy Policy. In addition, Participants are subject to certain third party terms and conditions, for example credit card company’s terms and conditions. All such terms, guidelines or rules are hereby incorporated by reference into this TOS. BUYER ACKNOWLEDGES THAT THE TOS IS PART OF THE SITE’S TERMS OF USE, AND BY ACCESSING OR USING THE SITE; BUYER AGREES TO BE BOUND BY THE TOS. BUYERS, WHO DO NOT WISH TO BE BOUND BY THE TOS, MUST EXIT THE SITE NOW. BUYER’S REMEDY FOR DISSATISFACTION WITH THE TOS OR THE SERVICES PROVIDED ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE. BUYER’S AGREEMENT WITH GROUPLINGS REGARDING COMPLIANCE WITH THE TOS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF BUYER’S USE OF THIS SITE. I. DESCRIPTION OF SERVICE a. Grouplings provides Buyers and Vendors with access to Grouplings’ unique online buying service, now provided or hereafter developed (the "Service"). Buyers may use the relevant area of the Site to create groups in order to maximize savings on purchases from Vendors. The detailed procedures and rules governing those activities are set forth in Grouplings’ Rules of the Game posted on the Site from time to time. b. Buyers understand and agree that the Service may include advertisements and that these advertisements are necessary for Grouplings to provide the Service. In addition, Buyers understand and agree that the Service may include certain communications from Grouplings, such as service announcements and administrative messages, and that these communications are considered part of Grouplings’ membership and upon registering, Buyers will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the detailed procedures and rules governing those activities shall be subject to the TOS. Buyers understand and agree that the Service is provided "AS IS" and that Grouplings assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. Buyers are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). Buyers are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, Buyers must provide and are responsible for all equipment necessary to access the Service. II. BUYER'S REGISTRATION a. OBLIGATIONS – In consideration of Buyer’s use of the Service, Buyer represents and warrants that Buyer is of legal age to form a binding contract (at least 18 years of age if in the United States) and is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Buyer also agrees to: (a) provide true, accurate, current and complete information about Buyer as prompted by the Service's registration form (collectively the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. b. REPRESENTATIONS – Buyer represents and warrants that: (1) all Buyer’s Registration Data will be accurate and complete and will accurately represent Buyer’s ability to accept the products or services as ordered; (2) no Registration Data or other information Buyer provides on the Site shall be fraudulent or counterfeit; (3) Buyer shall have the right and the authority to: (a) enter into this agreement and (b) bid and accept bids matching Buyer’s stated criteria with respect to the Service; (4) Buyer is of legal age to form a binding contract or older; and (5) Buyer’s use of the Service will not violate any applicable law, statute, ordinance or regulation. III. REGISTRATION FOR CHILDREN Grouplings is concerned about the safety and privacy of all its users, particularly children. For this reason, Buyers who wish to allow their children under the age of 13 to access the Service must create a Grouplings Family Account (should we add ????). When a Buyer creates a Grouplings Family Account and adds its child to the account, Buyer certifies that Buyer is at least 18 years of age and that Buyer is the legal guardian of the child/children listed on the Grouplings Family Account. By adding a child to Buyer’s Grouplings Family Account, Buyer agrees to be completely responsible for its child’s/children’s actions. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is Buyer’s responsibility to determine whether any of the Site areas and/or Content (as defined in Paragraph V(a) below) are appropriate for Buyer’s child. IV. BUYER ACCOUNT, PASSWORD AND SECURITY Buyer will receive a password and account information upon completing Grouplings’ registration process. Buyer is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under Buyer’s password or account. Buyer agrees to immediately notify Grouplings of any unauthorized use of Buyer’s password or account or any other breach of security. Accordingly, Gouplinks recommends that Buyer exits from its account at the end of each session. Grouplings cannot and will not be liable for any loss or damage arising from Buyer’s failure to maintain the confidentiality of its password and account. V. BUYER'S CONDUCT a. IN GENERAL – Buyer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), posted on the Site, is the sole responsibility of the person from whom such Content originated. This means that Buyer, and not Grouplings, is entirely responsible for all Content that Buyer uploads, posts, emails, transmits or otherwise makes available via the Service. Grouplings does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Buyer understands that by using the Service, Buyer may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Grouplings be liable in any way for any such Content, or any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. b. SPECIFIC CONDUCT – Buyer agrees to not use the Service to: i. Upload, post, email, transmit, link to or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy or publicity, hateful or racially, ethnically or otherwise objectionable; or harmful to minors in any way; ii. Impersonate any person or entity, including, but not limited to, a Grouplings’ official, or falsely state or otherwise misrepresent Buyer’s affiliation with a person or entity; iii. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; iv. Upload, post, email, transmit, link to or otherwise make available any Content that Buyer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); v. Upload, post, email, transmit, link to or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("collectively Rights") of any third party; vi. Upload, post, email, transmit, link to or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except those specifically authorized by the Service; vii. Upload, post, email, transmit, link to or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; viii. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; ix. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; x. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass any participant or Third Party; and/or xi. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs i through x above. c. Buyer is strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of: (i) artificially increasing or otherwise manipulating the bidding process with respect to the Service or (ii) influencing user behavior with respect to the Service; or (iii) manipulating or influencing the bid price of any product listed on the site. VI. GROUPLINGS' RIGHTS a. Buyer acknowledges that Grouplings may or may not pre-screen Content, but that Grouplings and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Grouplings and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Buyer agrees that Buyer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Buyer acknowledges that it may not rely on any Content created by Grouplings or submitted to Grouplings by third parties. b. Buyer acknowledges, consents and agrees that Grouplings may access, preserve and disclose Buyer’s account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to Buyer’s request for customer service; or (v) protect the rights, property or personal safety of Grouplings, its users and the public. c. Buyer understands and acknowledges that the technical processing and transmission of the Service, including Buyer’s Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. d. Buyer understands and acknowledges that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Grouplings, Grouplings software provider and/or applicable law. Buyer may not attempt to override or circumvent any of the usage rules embedded into the Service. Buyer understands and acknowledges that any unauthorized reproduction, publication, further distribution or public exhibition of the Content on the Site, in whole or in part, is strictly prohibited. VII. INDEMNIFICATION Buyer agrees to indemnify, defend and hold Grouplings and its officers, directors, shareholders, employees, attorneys, agents, and its and their successors and assigns, harmless from and against any and all damages, loss, liabilities, judgments, fines, debts, penalties, and expenses, including reasonable attorneys’ fees and costs incurred by Grouplings in defending against, settling or otherwise resolving any third-party claims (including claims by or through government agencies), threats of claims, or causes of action arising out of, in connection with or otherwise related, directly or indirectly, to Buyer or Buyer’s child’s/children’s actions or omissions that may constitute a breach or other violation of any provision of this TOS, or out of Content Buyer submits, posts, transmits or otherwise makes available through the Service, Buyer’s use of the Service, Buyer’s connection to the Service, Buyer’s violation of the TOS, or Buyer’s violation of any Rights of another. This obligation will survive the termination of this TOS. VIII. VARIATIONS IN CONTENT Buyer understands and adopts that Vendors may provide photographic images of their products lighting differences, can drastically change the appearance of the products pictured on the site. Buyer’s computer monitor's color and resolution settings can also affect Buyer’s ability to view a high resolution image. Grouplings will not be held responsible for color variations and the like between pictures on the Site and the final delivered products. IX. MODIFICATIONS TO SERVICE Grouplings reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to Buyer. Buyer agrees that Grouplings shall not be liable to Buyer or to any third party for any modification, suspension or discontinuance of the Service. X. TERMINATION FOR CAUSE Buyer agrees that Grouplings may, under certain circumstances and without prior notice, immediately terminate Buyer’s access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by Buyer (self-initiated account terminations); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by Buyer in fraudulent or illegal activities; and/or (h) nonpayment of fees owed (if any) by Buyer in connection with the Services. Termination of Buyer’s access to the Service includes: (i) removal of access to all offerings within the Service, including but not limited to Grouplings Groups, Auctions, and Alerts; (ii) deletion of Buyer’s password and all related information, files and content associated with or inside Buyer’s account (or any part thereof); and (iii) barring Buyer from further access to and/or use of the Service. Further, Buyer agrees that all terminations for cause shall be made in Grouplings' sole discretion and that Grouplings shall not be liable to Buyer or any third party for any termination of Buyer’s account or denial of access to the Service. XII. DISCLAIMER OF WARRANTIES BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT: a. BUYER’S USE OF THE SERVICE IS AT BUYER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GROUPLINGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. GROUPLINGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET BUYER’S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY BUYER THROUGH THE SERVICE WILL MEET BUYER’S EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT BUYER’S OWN DISCRETION AND RISK, AND BUYER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO BUYER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESSING OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY BUYER FROM GROUPLINGS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. A SMALL PERCENTAGE OF PARTICIPANTS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PARTICIPANTS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF BUYER, OR ANYONE IN BUYER’S FAMILY, HAS AN EPILEPTIC CONDITION, CONSULT A PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT A PHYSICIAN IF BUYER EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. XIII. LIMITATION OF LIABILITY BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT GROUPLINGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO BUYER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROUPLINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF BUYER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. XIV. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS X AND XI MAY NOT APPLY TO BUYER. XV. RESOLVING DISPUTES. Grouplings is neither the seller nor the buyer of any goods/services. Instead, Grouplings and its Site act as a venue to allow certain persons to buy certain products from its authorized Vendors. Because Grouplings is not the seller in the actual transaction between Participants and is not the agent of either for any purpose, Grouplings does not have the duty to resolve and will not be involved in resolving any disputes between Participants related to or arising out of any such transaction. Grouplings merely processes a transaction between Buyer and Vendor by collecting Buyer’s payment and distributing it (less all applicable fees) to Vendor. As a result, Grouplings has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Vendors to sell items or the ability of Buyers to pay for items. Grouplings cannot ensure that a Buyer or Vendor will actually complete a transaction. Consequently, subject to Grouplings’ Site Terms of Use, Grouplings does not transfer legal ownership of items from the Vendor to the Buyer, and nothing in this TOS shall modify the provisions under which legal ownership of an item is transferred upon physical delivery of the item to the Buyer by the Vendor. XVI. GROUPLINGS’ PRIVACY POLICY Grouplings is committed to protecting Buyer’s privacy. Click here [Link to Privacy Policy] for our Privacy Policy, which is incorporated by reference into, and made part of, this TOS. Grouplings may change the Privacy Policy in the future. Buyer should check the Privacy Policy frequently for changes. XVII. GENERAL RELEASE. BECAUSE GROUPLINGS IS NOT THE SELLER IN TRANSACTIONS BETWEEN THE PARTICIPANTS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, BOTH PARTICIPANTS RELEASE GROUPLINGS (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF ANY PARTICIPANT IS A CALIFORNIA RESIDENT, HE/SHE WAIVES CALIFORNIA CIVIL CODE § 1542, 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." THE PARTICIPANTS, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT WITH RESPECT TO THE SERVICE. THE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS TOS, AND THAT WITHOUT SUCH WAIVER, THIS TOS WOULD NOT HAVE BEEN ENTERED INTO BY GROUPLINGS. XVIII. INFRINGEMENT NOTICE. a. Grouplings grants a limited license to each Participant to make personal use only of the Site and the Services in accordance with this TOS. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the site and the Services (other than the buying and selling of items in accordance with this TOS), making any derivative work from the Site or the Services, the collection and use of Participant e-mail addresses or other Participant information, ratings or listings, or any data extraction or data mining whatsoever. b. If Buyer believes that it has been defamed in some manner by the Site or Buyer’s own work has been copied in a way that constitutes copyright infringement, please provide Grouplings' Copyright Agent the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with Buyer’s address, phone number, and email address; (ii) a description of the defamatory material, or the copyrighted work that Buyer believes has been infringed, and a description of where the material that Buyer claims is defamatory or infringing Buyer’s rights is located on the Grouplings’ Web site; (iii) a statement by Buyer that it has a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of Buyer’s Rights is not permitted by the copyright owner or by law; and (iv) a statement that the information provided is accurate and that, under penalty of perjury, Buyer is the allegedly defamed party or the copyright owner or authorized agent to act on the copyright owner's or allegedly defamed person's behalf. Address the notice to Grouplings’ Copyright Agent assigned to receive the foregoing information related to copyright infringement or defamation: General Counsel GROUPLINGS, LLC 11509 Stonewood Lane Rockville, Maryland 20852 Phone: 301-770-4340 Fax: 301-770-4340 E-mail address: admin@grouplings.com <b>XIX. GOVERNING LAW. </b> The Site (excluding any linked sites) is controlled by Grouplings from our offices within the State of Maryland, United States of America. The Site can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Maryland, by accessing the Site, Grouplings and the Participants agree that the statutes and laws of the State of Maryland, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of the Services, including but not limited to the purchase of products and services available through the Site. Grouplings and the Participants agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Courts for the State of Maryland, and the United States District Court for the District of Maryland, with respect to such matters. XX. NOTICES. a. All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to Grouplings must be sent to the attention of Customer Service at admin@grouplings.com (customers@??), if by e-mail, or at Grouplings, LLC, 11509 Stonewood Lane, Rockville, Maryland 20852 if by conventional mail. Notices to Participants will be sent to the e-mail address supplied by each party as part of its Registration Data. In addition, occasionally, we may broadcast notices or messages through the Grouplings’ Web site to inform Participants of changes to the site or other matters of importance, and such broadcasts shall constitute notice to the Participants. b. Any notices or communication under these TOS will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail. XXI. ENTIRE AGREEMENT. This TOS constitutes the entire agreement and understanding between Grouplings and the Participants concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This TOS may NOT be altered, supplemented, or amended by the use of any other document(s) without the prior written consent of Grouplings. Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by Grouplings. XXII. MISCELLANEOUS. a. In any action to enforce this TOS, the prevailing party (or the substantially prevailing party if there is more than one claim adjudicated) will be entitled to costs and attorneys' fees. Any cause of action brought by Buyer against Grouplings or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. b. Participants may not assign their rights and obligations under these TOS to any third party, and any purported attempt to do so shall be null and void. Grouplings may freely assign its rights and obligations under these TOS. c. In addition to any excuse provided by applicable law, Grouplings shall be excused from liability for non-delivery or delay in delivery of services available through its Web site arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to, war, acts of terrorism and events related to such acts, fire, flood, accident, adverse weather, inability to secure transportation, insurrections, riots, or civil commotions, strikes, lockouts, or other labor disturbances; acts of God; or acts, omissions, or delays in acting by any governmental authority, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. d. Any failure of any party hereto to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the other parties hereto, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this TOS requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing to be effective. e. The article and section headings contained in this TOS are for reference purposes only and shall not affect in any way the meaning or interpretation of this TOS. f. Wherever possible, each provision of this TOS shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this TOS or the application of any such provision to any party or circumstance shall be held to be prohibited by, illegal or unenforceable under applicable law in any respect by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or illegality or unenforceability, without invalidating the remainder of such provision or the remaining provisions of this TOS. g. This TOS is for the sole benefit of the parties and their permitted successors and assigns and nothing herein express or implied shall be construed to give any person, other than the parties and such permitted successors and assigns, any legal or equitable rights hereunder. * I Agree	Advertisement
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