Terms of Service
April 2, 2023
By accessing the GroupFabric web site, software, and/or services, you are agreeing to be bound by these Terms of Service and that your use complies with all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this web site as well as any software and/or services offered by GroupFabric. The pages and software offered by GroupFabric are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to view, copy, print and distribute pages within this web site and to temporarily download one copy of the software on the GroupFabric web site for transitory viewing only. The pages and software available on this website are sometimes referred to within these Terms of Service as “materials”. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on GroupFabric Inc.'s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by GroupFabric Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You will indemnify, hold harmless and, upon written request of GroupFabric, defend GroupFabric, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, penalty, loss, cost or expense (including without limitation reasonable attorneys' fees and court costs) arising directly or indirectly out of or in connection with (a) access or use of any Services by you; (b) any Feedback or User Content provided by you; (c) breach of any provision of these Terms by you; or (d) violation of any applicable law or the rights of any other person or entity by you. For purposes of subclauses (a) through (d) of the preceding sentence, "you" includes you, any third party acting on your behalf and any third party using your GroupFabric Account (whether authorized or unauthorized by you). If you are obligated to indemnify any Indemnified Party, GroupFabric (or, at GroupFabric's discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether GroupFabric wishes to settle, and if so, on what terms.
IN NO EVENT WILL GROUPFABRIC, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE GROUPFABRIC MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GROUPFABRIC, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF GROUPFABRIC), EVEN IF GROUPFABRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MATERIALS, SOFTWARE, AND SERVICES OFFERED BY GROUPFABRIC ARE PROVIDED "AS IS".
IN NO EVENT WILL THE LIABILITY OF GROUPFABRIC, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE GROUPFABRIC MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GROUPFABRIC, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF GROUPFABRIC) EXCEED THE AMOUNT OF FEES PAID BY YOU TO GROUPFABRIC UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
6. Revisions and Errata
The materials appearing on the GroupFabric web site could include technical, typographical, or photographic errors. GroupFabric Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. GroupFabric Inc. may make changes to the materials contained on its web site at any time without notice. GroupFabric Inc. does not, however, make any commitment to update the materials.
GroupFabric Inc. has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GroupFabric Inc. of the site. Use of any such linked web site is at the user's own risk.
GroupFabric Inc. may revise these Terms of Service at any time. GroupFabric Inc. will post the revised to Terms of Service to this web site with the effective date of the revisions noted in the heading of the revised Terms of Service. In addition, GroupFabric Inc. will take reasonable measures to notify you if the changes to the Terms of Service are material and adverse to you. Please check these Terms of Service periodically for changes. By using this web site you are agreeing to be bound by the then current version of these Terms of Service.
10. Governing Law
You agree that any claim relating to your use of GroupFabric Inc.'s web site and the materials available on the web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You further agree that any litigation shall be subject to the exclusive jurisdiction of the courts in the State of Washington. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or materials or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.