Last updated: February 13, 2023
THESE TERMS AND CONDITIONS (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
“Content” refers to all forms of data or communication, including images, photos, audio, videos, text, reviews, ratings, aggregate ratings, messages, emails, invitations, votes, friending and following activity, user profile information, business profile information, and arrangement of Content. “User Content” means Content that users submit in connection with the Service.
“Group” refers to on or more web pages on our Service used by a business, organization, or individual to recruit members for the Group and to enable Group members to offer items or services to other members.
“Group Manager” refers to a business, organization, or individual that creates a Group and/or manages a Group.
“Service” or “Groupcycle Service” refers to our products and services, including those offered through Groupcycle.com, related domains, mobile applications, or any other media as well as all Content offered as part of the foregoing.
“we“, “us“, “our” and “Groupcycle” refer to Hoursmap, Inc., a Delaware corporation (dba Groupcycle), and all the subsidiaries, parents, affiliates, successors, and assigns, of Groupcycle, if applicable.
“user” is someone who accesses or uses the Service. “you“, “your” refer to you, as a user of the Service, and all your subsidiaries, parents, affiliates, successors, and assigns, if applicable.
1.1 Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. Groupcycle may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Groupcycle of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Groupcycle cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Service
2.1 License. Subject to these Terms, Groupcycle grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use. Notwithstanding the foregoing, a Group may be used for business purposes.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
You may not access or use the Service if you are a competitor of Groupcycle.
2.3 Modification. Groupcycle reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Groupcycle will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Groupcycle will have no obligation to provide you with any support or maintenance in connection with the Service.
2.5 Ownership. Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Service and its content are owned by Groupcycle or Groupcycle’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Groupcycle and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6 Group Managers. The terms in this Section 2.6 govern the use by Group Managers. Do not create a Group if you do not agree to be bound by these Group Managers Terms.
Group Management. Only Groups intended for use by residents of the United States can be created on our Service. You agree that you will use reasonable efforts to admit members to your Group in accordance with the description of your Group. For example, if your Group is described as a group for parents of Hillsdale Middle School, then you will use reasonable efforts to only admit parents of Hillsdale Middle School to your Group. You agree to moderate the content posted by Group members to ensure conformance with our Acceptable Use Guidelines.
Payment for Posts. On a group managed by you (“your Managed Group”), for posts that offer services (“Paid Posts”), you shall charge a fee of no less than $5 per post. You may not charge a fee for a post offering an item for sale or for free, or a post requesting an item.
Group Managers. A Managed Group may have more than one Group Administrator, but payments will be made to only one Group Manager per Managed Group. Initially, the Group Manager entitled to payment will be the one who created the Managed Group. However, the Group Manager may relinquish the right to payment by notifying Groupcycle in writing thirty (30) days in advance. Groupcycle may also, in its sole discretion, appoint another Group Manager.
Group Manager Fees. The percentage of fees payable to you, as a Group Manager, shall be fifty percent (50%) of Net Fees Received by Groupcycle for your Managed Group. No earnings shall accrue until your Group has been approved by us. You agree that Groupcycle shall not owe you compensation for any fees that accrue after termination of this Agreement.
“Net Fees Received by Groupcycle” are fees received by Groupcycle, net of any credit card processing fees, for (i) Paid Posts on your Managed Group, and (ii) if ads have been placed by Groupcycle on your Group, your ratable share of ad revenue, calculated based on your Group’s ad pageviews as a fraction of all ad pageviews on our Service.
Groupcycle may apply a debit to a Group Manager‘s balance in circumstances of: (i) duplicate entry or other error; (ii) non-bonafide transactions; (iii) non-receipt of payment from, or refund of payment to, a Group member or advertising partner; or (iv) Group Manager‘s failure to comply with this Agreement. You are responsible for all taxes applicable to our payment to you in any applicable jurisdiction.
Payment. On or about the 30th day of each calendar month, Groupcycle will pay you the amount due to you, as a Group Manager, calculated based on Net Fees Received by Groupcycle the previous month, provided that payouts will be made only when your accumulated eligible earnings meet or exceed the threshold of US$25.
Representations and Warranties. You represent and warrant that: (a) you have read and understood these Group Manager Terms; (b) if the Group Manager is a business or an organization, you are legally authorized to act on behalf of the entity and bind any such entity to the Group Manager Terms (“your Entity”); (c) you or your Entity complies with all applicable laws and regulations, and you or your Entity does not offer or advertise services or products prohibited by law; (d) you agree that we may contact you, including by email or phone, and that our calls with you may be monitored and recorded for quality purposes; (e) you acknowledge and understand that non-disparagement clauses such as clauses that seek to restrict or prohibit reviews about your Group may be illegal under California and federal law; and (f) you will not submit reviews for your Group, or vote on reviews for your Group. You understand and acknowledge that Groupcycle allows consumers to post Content about your Group, including reviews, photos, and ratings.
Third Party Content. The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, such as Groupcycle, for publishing content posted by third parties, including consumer reviews. If you attempt to impose liability on Groupcycle through legal proceedings, anti-SLAPP laws, like Cal. Civ. Proc. Code § 425.16, may also require you to pay our attorneys’ fees.
3.1 User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Groupcycle. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Groupcycle is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Groupcycle an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license (a) to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses to others (through multiple tiers) of the foregoing rights in connection with their own websites and media platforms (“Other Services”), for the purposes of including your User Content in the Service and Other Services; and (b) to prohibit any use of your User Content by a third party for any purpose, including using your User Content as part of an aggregation. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. You’ll comply with our Acceptable Use Guidelines, which, together with the following terms, constitute our “Acceptable Use Policy”:
You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, or use purchased, rented, or third-party lists of email addresses to send emails; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks, or upload Content to our servers for any purpose other than for your use of the Service; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Guidelines or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing you as a Group Manager, removing or modifying a Group managed by you, removing User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Groupcycle with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Groupcycle all rights in such Feedback and agree that Groupcycle shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Groupcycle will treat any Feedback you provide to Groupcycle as non-confidential and non-proprietary. You agree that you will not submit to Groupcycle any information or ideas that you consider to be confidential or proprietary.
3.6 Ranking of Content. We reserve the right, but not the obligation, to implement a ranking system that displays certain Content more or less often or prominently than others or not at all.
3.7 Advertising. Groupcycle and our affiliates may display paid content, including, without limitation, advertisements, and other information close to or in connection with your User Content (“Advertisements”). We may modify how the Advertisments are displayed and the number of Adertisments without providing notice to you.
You agree to indemnify and hold Groupcycle (and its officers, directors, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Groupcycle reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Groupcycle. Groupcycle will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Info & Links; Other Users
5.1 Third-Party Info & Links. The Service may display information and advertisements for third parties, including information displayed in Groups, as well as contain links to third party websites and services (collectively, “Third-Party Info & Links”). Such Third-Party Info & Links are not under the control of Groupcycle, and Groupcycle is not responsible for any Third-Party Info & Links. Groupcycle provides access to these Third-Party Info & Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Info & Links. You use all Third-Party Info & Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Info & Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Info & Links. All of the information on Third-Party Info & Links, including the features, prices, and the availability of products and services, is subject to change without notice by the party providing the information.
5.2 Other Users. Each Service user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that Groupcycle will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved. We are under no obligation to enforce the Agreement against another User on your behalf.
5.3 Release. You hereby release and forever discharge Groupcycle (and our officers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Info & Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
THE SERVICE IS PROVIDED ON AN “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND GROUPCYCLE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
YOU UNDERSTAND THAT GROUPCYCLE MAY NOT MONITOR USER CONTENT OR THIRD PARTY CONTENT. YOU AGREE THAT YOUR USE OF THE SERVICE AND YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES IS AT YOUR OWN RISK AND DISCRETION, INCLUDING RISKS ARISING FROM (A) YOUR RELIANCE ON THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, OR COMPLETENES OF GROUP PAGES, REVIEWS, RATINGS, OMISSION OF CONTENT, OR ORDER OF CONTENT; OR (B) ANY OTHER PARTY’S ACTS OR OMISSIONS, INCLUDING ANOTHER USER’S MISUSE OF YOUR USER CONTENT OR PERSONAL INFORMATION, A NEGATIVE EXPERIENCE WITH PRODUCTS OR CONTENT OBTAINED THROUGH A THIRD PARTY, A THIRD PARTY’S FAILURE TO HONOR A PROMOTION, OR ANY OTHER NEGATIVE EXPERIENCE WITH A THIRD PARTY ON THE SERVICE.
ADVICE OR INFORMATION RECEIVED VIA OUR SERVICE SHALL NOT CREATE ANY REPRESENTATION OR WARRANTY AND SHOULD NOT BE RELIED UPON FOR MEDICAL, LEGAL, FINANCIAL, OR ANY OTHER DECISION. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE TAILORED TO YOUR PARTICULAR SITUATION. THE PROVISIONS IN OUR SERVICE REGARDING GROUPS, INCLUDING ANY PROVISION DESCRIBING THE BENEFITS OF A GROUP, SHALL NOT CREATE A WARRANTY OR REPRESENTATION HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GROUPCYCLE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL OR BODILY INURY OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF GROUPCYCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF APPLICABLE, TO GROUPCYCLE IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACT GIVING RISE TO LIABILITY, OR (B) FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION 7 APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, STRICT LIABILITY, MISREPRESENTATION, NEGLIGENCE, OTHER TORTS, ANY OTHER LEGAL OR EQUITABLE BASIS, OR ANY CIRCUMSTANCES WHATSOEVER, EVEN IF GROUPCYCLE IS AWARE OF THE RISK OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF THE AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK, AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE OUR SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICE OR WITH ANY OF THE TERMS OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE AND TO DISCONTINUE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, with or without cause. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases, including your emails. Groupcycle will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3, and Sections 4 through 10.
You agree to notify us about copyright disputes regarding Content pursuant to our Copyright Policy.
10.1 Changes. We reserve the right to amend these Terms at our sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with these or any changes thereto, please do not continue using this Service.
Please read this Arbitration Agreement carefully. It is part of your contract with Groupcycle and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Groupcycle that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Groupcycle, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Groupcycle should be sent to: the address in Section 10.8. After the Notice is received, you and Groupcycle may attempt to resolve the claim or dispute informally. If you and Groupcycle do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Santa Clara, California, unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Groupcycle pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Groupcycle, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Groupcycle.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Groupcycle in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GROUPCYCLE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Groupcycle.
Small Claims Court. Notwithstanding the foregoing, either you or Groupcycle may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located within Santa Clara County, California, for such purpose. You agree that any subpoena, discovery request, or other legal processes directed to Groupcycle must issue from the state or federal courts located within Santa Clara County.
Choice of Law. The Terms shall be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws.
10.3 Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Groupcycle, or any products utilizing such data, in violation of the United States export laws or regulations.
10.4 Disclosures. Groupcycle is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.5 Electronic Communications. The communications between you and Groupcycle use electronic means, whether you use the Service or send us emails, or whether Groupcycle posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Groupcycle in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Groupcycle provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. Further, you consent to receive communications from businesses listed on the Service or other users, and such communications may include emails, text messages, phone calls, or notifications. You agree that you may be charged for certain communications, such as SMS messages.
10.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Groupcycle is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Groupcycle’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Groupcycle may freely assign these Terms without restriction. The terms and conditions set forth in these Terms shall be binding upon assignees.
10.7 Copyright/Trademark Information. Copyright © 2022 Hoursmap, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Attn: Legal Department
100 S. Murphy Avenue, Suite 200
Sunnyvale, California 94086