User Agreement

1. User Provisions
1.1 Acceptance of Terms
1.2 User Qualifications
1.3 The Service
1.4 User Guidelines
1.5 Rights You Grant to GroupPost
1.6 Other Legal Matters
2. Provisions Regarding Groups
2.1 Group Qualifications
2.2 Creating/Registering a Group
2.3 Group Administrators
2.4 Following an Group
2.5 Sub-Groups
2.6 Groups’ GroupPost Page

1. User Provisions

Welcome to GroupPost! We’re grateful that you’re joining us. We trust that you’ll find GroupPost to be a great tool to help your group fulfill its mission. Please take the time to review this User Agreement (the “Agreement”). This is a legally binding agreement between you (“User”) and GroupPost, LLC (a Texas Limited Liability Company), hereinafter referred to as “GroupPost”, “we”, or “our”. You are referred to as “User(s)” or “you” in this Agreement.

This Agreement (Terms and Conditions) applies to our all websites, applications and utilities we own or are operated by GroupPost hereinafter referred to as the “Service” as used herein (see Section 1.3).

GroupPost assists groups achieve their missions and enhance the lives of members/supporters (we call “Followers”) by providing a means for groups to communicate more easily and effectively with their Followers. We also offer an opportunity for Business Users to send Offers to Users that are displayed on Messages Users receive from groups they’re following on GroupPost.

1.1 Acceptance of Terms

By registering with GroupPost, you agree to the terms, conditions and limitations contained in this Agreement and subsequent revisions of the Agreement that we may update and change these terms, conditions and limitations from time to time as set out in Section 1.6.1. If you have questions about GroupPost, please review our FAQ’s or you can submit a question to us at questions@grouppost.com.

1.2 User Qualifications

GroupPost does not impose any general restrictions regarding who may be a User. Yet, we reserve the right to limit the use of the Service to Users at our discretion. If we believe that any User violates any terms of this Agreement, at our discretion, we reserve the terminate a User’s account, which may have a detrimental effect on the User and any groups the User is following.

1.3 The Service

1.3.1 In General: The Service includes websites, applications and utilities owned or operated by GroupPost that provide group means to communicate and marketing resources for Business Users. The Service offered by GroupPost to Users, who are consumers, and any registered group is free of charge.

1.3.2 Users as Followers of Groups: Users may choose to follow groups that have been created and thus are registered with GroupPost. Users will then be able to receive Messages sent to them from group(s) that they’re following via email, which serves as their login identity and mobilely via smart phone or tablet applications. As a User, you may discontinue following a group at any time. Groups also have the option to remove you as a Follower at any time, at the discretion of groups’ Admin(s) (i.e. Users who have management authority for the group).

1.3.3 Users as Consumers: Businesses Offers: When you open a Message from a group you’re following, you may see Offers, regarding the products and services, from businesses. You have the open links from which you can view offers from businesses.

1.3.4 Service Limitations: It is not possible to foresee or anticipate technical or other difficulties. These difficulties may result in deletion of your Settings information and service interruptions, including providing timely Messages from groups you’re following. For this reason, you agree that the Service, including the services of third-party service providers, if any, is provided "AS IS”. User acknowledges and agrees that GroupPost does not assume responsibility is not liable for the timeliness, deletion, and non-delivery, of groups’ Messages or the failure to store data.  Additionally, you understand and agree that GroupPost does not control or monitor the content of Message sent via GroupPost to groups’ Followers. Specifically, other Users, who have administrative authority for groups, may violate the terms of this Agreement or other agreements they may have with GroupPost or make false, vulgar or misleading communications to you via GroupPost. Because of this, you agree that you should use your best judgment before relying on any such communications for the accuracy or completeness of information supplied through GroupPost by other Users, and you further agree that GroupPost does not assume responsibility is not liable for the same.

1.3.5 Service Changes and Discontinuation: GroupPost reserves the right to temporarily or permanently change or discontinue the Service at any time without notice. You agree that GroupPost will not be liable to you or your group(s) for any modification or discontinuance of the Service.

1.3.6 Privacy Policy: GroupPost respects your privacy. Please take the time to read our Privacy Policy, which is hereby incorporated by reference into this Agreement.

1.4 User Guidelines

These User Guidelines are necessary to maintain the integrity and usefulness of GroupPost. We believe they’re reasonable and protect the interest of all Users and the integrity of GroupPost. Please carefully read and follow these guidelines.

1.4.1 Guard Your Login and Password: You will create a login and password during the registration process. You are responsible for maintaining the confidentiality of your login and password, and you are fully responsible for all activities that occur while you are logged into GroupPost via a device (e.g. computer, cellular telephone or tablet). Please notify GroupPost immediately of any unauthorized use of your login or password or any other breach of security.  You hereby acknowledge that the information available through GroupPost may include personally identifiable information, and it is your responsibility to keep all such accessed information confidential and secure.

1.4.2 Obey the Law: You represent and warrant that you use GroupPost lawfully, and you agree not to use GroupPost for ANY illegal purposes or for the transmission of material or content that is: unlawful, harassing, obscene, profane, lewd, libelous, invasive of another's privacy, abusive; contains sexual content of any kind, defamatory language, or threats; promotes or encourages criminal activity; or that infringes the intellectual property rights of others. GroupPost expressly disclaims any and all responsibility or liability for any action by you that is contrary to law and reserves the right to terminate your User account immediately upon notice for your failure to comply with any local, state, or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

1.4.3 Use of GroupPost to Communicate to Users: As a User, you agree not to use GroupPost to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files. In order to ensure that its communication services are not abused, GroupPost may establish general practices and limits concerning their use. These may include, but are not necessarily limited to: a maximum number of days that Messages will be archived by GroupPost; a maximum size or length of any message, notification or offer that may be sent by a group or a business; and a maximum amount of storage space that will be allotted for your store documents, notices, messages or other data.

1.4.4 Reporting an Objectionable Communications: If you receive any communication that you find objectionable, for any reason, or you believe may violate this Agreement, you agree to report the communication to GroupPost so that GroupPost can take whatever action it deems appropriate.

1.4.5 Limits On Uses of User Information: By using any aspect of GroupPost, you agree not to data-scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for any purposes any other User's (whether specific to any particular User or as an aggregation of Users' information) information accessible through any application owned by GroupPost. These “purposes” can include, but are not limited to selling information to third parties; using the data collected to customize Users' information in any way not specifically authorized within this Agreement; or using the data for targeted marketing campaigns not affiliated with GroupPost. GroupPost reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.

1.5 Rights You Grant to GroupPost

1.5.1 Usage of Information You Provide: Subject to GroupPost's Privacy Policy you are licensing to GroupPost to use any information you provide through or to GroupPost via your Settings or activities on GroupPost. Notwithstanding this license, GroupPost will take reasonable precautions to keep the information provided private. By submitting information, you agree that without any particular time limit and without the payment of anything of value to you, GroupPost is permitted to use the information for commercial purposes.

1.5.2 Account Access: In order to ensure that the Service is high-quality and is responsive to User’s needs, you agree that GroupPost employees and contractors have access to your account and information contained therein as reasonably needed to investigate complaints or other purpose that we deem necessary to maintain the integrity of GroupPost and its Users.

1.5.3 Merger or Acquisition: In order to ensure a smooth transition of the Service, in the event of a merger, acquisition, reorganization, sale or a possible merger, acquisition, reorganization, sale of all or any portion of its assets owned by GroupPost, you hereby grant GroupPost authorization to transfer information you have provided GroupPost to a third party as a part of such actual merger, acquisition, reorganization, or sale.

1.6 Other Legal Matters

1.6.1 Modification: This Agreement is subject to change by GroupPost at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement by terminating your User registration. Your continued use of the Service following GroupPost posting notice of the modifications to this Agreement will constitute your binding acceptance of the modifications.

1.6.2 Disclaimer of Warranties: You expressly understand and acknowledge that GroupPost makes no warranty that: The Service will meet your requirements; The Service will be uninterrupted, timely, secure, or error-free; The results that may be obtained from the use of the Service will be accurate or reliable; The quality of the Service or anything purchased or obtained by you through the Service will meet your expectations; That your communications sent to Users via the Service will not be lost or not delivered; Any errors in the software will be corrected; No warranty is made by GroupPost regarding any information, services, or products provided by GroupPost and hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; or any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you; and No advice or information, whether oral or written, obtained by you from GroupPost or by third parties via GroupPost will create any warranty not expressly stated herein. 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 may not apply to you. To the extent that any part of this Section 1.6.2 is construed to not be consistent with any other part of this Agreeement, then this Section 1.6.2 will supersede.

1.6.3 Assuming the Risk: You further expressly understand and agree that any material downloaded or otherwise obtained through the use of the GroupPost is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or other hardware or loss of data that results from the download of any such material.

1.6.4 User Provided Content: You acknowledge that GroupPost does not pre-screen any content distributed or made available via GroupPost, but that GroupPost and its designees will have the right (but not the obligation), in its sole discretion, to refuse, edit, move, or remove any content that is uploaded or is otherwise distributed or made publically available via GroupPost. No Endorsement, Control or Editing: You acknowledge and agree that GroupPost does not endorse, control or edit the content of any User and is not responsible or liable for any content, whether content is lawful or unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the rights of another. Protecting Intellectual Property Rights: You acknowledge that you are responsible to honor and protect the intellectual property rights of the owners of the same regarding any documents or other content you choose to upload; in any way distribute; or that you make publically available via GroupPost.

1.6.5 Limitation of Liability: You agree that GroupPost will not be liable for any harm, whether 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 resulting from: The use or the inability to use the Service; The cost of getting substitute goods and services resulting from any products, data, information, or services purchased or obtained or messages received or transactions entered into through or from GroupPost; Unauthorized access to or alteration of your transmissions or data; Statements or conduct of other Users; For any loss or injury arising out of or caused in whole or in part by GroupPost acts or omissions in delivering the Service; and/or Any other matter relating to the Service. YOU HEREBY AGREE THAT GROUPPOST WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF GroupPost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY YOU UNDER THIS AGREEMENT.

1.6.6 Indemnification: You agree to protect and fully compensate GroupPost from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys fees) arising from or in any way related to your violation of the terms and conditions of this Agreement or your infringement, or infringement by any other Users rights.

1.6.7 Ownership of Technology and Data: GroupPost is the sole owner of all the content posted by Users and the intellectual property regarding the Service without any limitations. User acknowledges and agrees that you are merely using the Service as a licensee subject to all the terms, conditions and limitations contained in this Agreement.

1.6.8 Entirety of the Agreement: User acknowledges and agrees that this Agreement is the entire agreement between the Parties herein and no other representations have been made or relied upon by User. Videos, audio recordings, or the like, or other documents that have been produced by GroupPost and that Users may have viewed or heard are illustrative only and are not exhaustive and content of the same is subject to change from time-to-time. To the extent that any video, audio recording or the like are not consistent with this Agreement, this Agreement supersedes in all respects, and therefore, User is only relying on the terms of this Agreement.

1.6.9 Notices: Notices from GroupPost to User may be given by means of electronic messages to the email account provided by User in his/her account Settings. If GroupPost send such notice to the said email address, these notices are deemed to be received by you, whether or not you actually viewed the notices. Notices from Users to GroupPost may be given by email to notice@grouppost.com.

1.6.10 Non-waiver: GroupPost's rights under this Agreement may not be waived unless GroupPost agrees to such change in writing.

1.6.11 No Assignment: This Agreement is personal to you, and you may not assign this agreement. Therefore, any attempts to assign, transfer, or delegate this Agreement is null and void.

1.6.12 Force Majure: Neither party shall be liable to the other for any loss, damages, or delay caused by war, riots, strikes, embargoes, Acts of God, or similar contingencies beyond its control, which may prevent or delay the party in performing any obligations under this Agreement.

1.6.13 Severability: If any part of this Agreement is deemed to be unenforceable for any reason by a court of competent jurisdiction, the remainder of the Agreement shall continue to be fully enforceable.

1.6.14 Captions and Headings: Captions and headings are included in this Agreement for the purposes of identifying subject matter and shall not be construed to have substantive meaning and are not intended by the Parties to be used to substantiate the intent of the Parties.

1.6.15 GroupPost’s Right to Investigate: You understand and agree that GroupPost reserves the right to investigate any improper use of the Service that we reasonably suspect to be in violation of the terms set forth in this Agreement.

1.6.16 Jurisdiction, Venue, Law: U.S. Federal Law, and/or the laws of the State of Texas, excluding that body of laws known, as conflicts of laws, shall govern all matters relating to your use of the Service. This Agreement is governed by United States Federal Law the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Amarillo, Texas, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against GroupPost. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 1.6.14.

2. Provisions Regarding Groups

2.1 Group Qualifications: Any group that desires to register as a group with GroupPost must meet the following requirements:

2.1.1 What is a “Group”? A “group” must consist of two (2) or more Users, whose purpose for existence is legal; ethical; and in good taste, as determined by GroupPost at its sole discretion.

2.1.2 Group Removal: Without notice and without opportunity to oppose the same, GroupPost, at its sole discretion and judgment may remove any group that is not qualified to be a group under the terms of this User Agreement, or the group has not sent a Message to one or more Users for a period of one year or more. Additionally, GroupPost, at its sole discretion and judgment, without notice and without opportunity to oppose the same, may remove any group it believes, at its sole discretion, to be in violation of this Agreement or is not qualified to participate in GroupPost as a group.

2.2 Creating/Registering a Group

2.2.1 User Qualifications: To register (i.e. create) a group in GroupPost, you must be a User, and you must be 18 years of age or older. The User, who registers a group, is the group’s first “Primary Administrator” (see Section 2.3.2).

2.2.2 Uniqueness: Any particular group may be registered only once with GroupPost. Yet, branches or divisions of groups may register as separate groups. (For example, Martin Luther King High School may register as a group as well as the Marching Band of Martin Luther King High School. Each of these groups will be administered separately. In the event a group is erroneous registered more than once, the registration earlier in time will be given preference. GroupPost, at its discretion, may remove and delete any subsequent duplicitous registrations.

2.2.3 Truthful Information: You agree to only provide information that is true and accurate regarding the group you are registering. In the event, GroupPost discovers that information provided is not truthful and accurate; we have the right to remove and delete the group, which could have detrimental effects on the group.

2.3 Group Administrators

2.3.1 Administrator(s): Administrators (i.e. Followers with management authority within a group, aka “Admin”) are Followers who have the authority to manage a group. Every group must have at least one Follower of the group as an Admin and at least one Follower who is the “Primary Admin”.

2.3.2 Primary Admin: The User who creates/registers a new group in GroupPost will automatically be designated as the original Primary Admin. Only the current Primary Admin can designate another Admin as a new Primary Admin. (In the event a group’s Primary Administrator is unavailable to designate a new Primary Administrator, the group should contact GroupPost at help@grouppost.com.) Any group’s Primary Admin, at his/her discretion, can designate any other Administrator as the new Primary Admin. (To remove a User as the Primary Admin, the Primary Admin must designate another Admin as the new Primary Admin, who can then remove the former Primary Admin as an Admin.)

2.3.3 Admins Authority: A group may designate as many Followers as it deems appropriate to manage the group (i.e. Admins). All Admins have the same authority as other Admins except no Admin can remove the “Primary Admin” as an Admin. All Admins has the authority to: (1) Invite and approve Users as Followers of the group; (2) Remove Followers from the group; (3) Send Messages to Followers with or without attachments; (4) Link Messages to social media (e.g. Facebook); (5) Add and remove Admins (except the Primary Admin); and (6) Exercise other authority as GroupPost may allow from time-to-time.

2.4 Following a Group

2.4.1 Approval: Registered groups must approve Users before they may follow the group. This can be done by a group member (non-Admin) invites a prospective Follower, who must be approved by a group Admin before allowed to follow the group, or if a group Admin invites a prospective Follower via a group’s management page, that prospective Follower will be automatically approved as a Follower by virtue of his/her invitation by an Admin via a group’s management page.

2.4.2 Discretion: At their sole discretion, registered groups may place Users in various sub-groups (see Section 2.5).

2.4.3 Removal: At his/her sole discretion, registered groups’ Admin(s) may remove any User as a Follower. Likewise, any User can elect to remove himself/herself from any group followed.

2.4.4 Privacy: See the GroupPost Privacy Policy.

2.4.5 User Election: You may follow any group that approves you as a Follower.

2.4.6 Notices to Groups: Notices from GroupPost to registered groups will be made by GroupPost sending the email account(s) of the group’s Admin(s), as is then currently contained in the User Setting of User’s who are designated as an Admin for one of more groups. GroupPost sending such notice to any of the said email address(es), constitutes notice to the group, whether or not any Admin(s) receive(s) or views such email.

2.5 Sub-Groups

2.5.1 What is a Sub-Group? Admins of registered groups can create lists and then choose certain Followers of the group to populate the list. We call these lists “sub-groups”. An example of a sub-group may be the “Wolf Patrol” of the registered group “Boy Scout Troup 87”. All the Admins of the registered group have management authority for all the group’s sub-groups.

2.5.2 Purpose of Sub-Groups: The sole purpose of a sub-group is to assist the registered group to communicate more effectively with its Followers. Specifically, a registered group can send messages to only a portion of its Followers rather than to all its Followers by limiting the recipients of the message to one or more of its sub-groups. Admins should take care and are responsible for sending Messages to its intended recipients by selecting the proper sub-group and making sure the proper/intended Followers are in the sub-group.

2.5.3 Creating Sub-Groups and Following: Admins of registered groups create and populate its sub-groups, and these sub-groups may be changed, deleted and controlled by the registered group’s Admins. Therefore, Followers (i.e. non-Admins) of a group do not determine what sub-group(s) to which they are included.

2.6 Groups’ GroupPost Page

2.6.1 Public View: The following elements of each registered groups’ GroupPost Page is visible to all Users: (1) group name; (2) group city, state and zip code; (3) the group’s primary Admin (4) group description (if any provided); (5) group logo (if any provided); (6) group address (if any provided); and (7) webpage link (if any provided). Additionally, any User, not currently following a group, will be able to request to follow the group and report the group to GroupPost.

2.6.2 Follower View: Users, who are following a group, will be able to view all the elements visible to Non-Follower Uses, as set out above in Section 2.6.1. Additionally, Followers can view an archive of Messages that any Admin for group sent the User/Follower or was earlier sent to a sub-group that the Follower is later included. Yet, management functions of a group’s GroupPost Page will not visible to Followers unless he/she is also an Admin of the group.

2.6.3 Admin View: As any other Follower, Admins will be able to view all elements of the group’s GroupPost page, as set out in Sections 2.6.1 and 2.6.2. Additionally, all Admins will be able to view the names of all the group’s Followers and other Admins and may remove any Follower or other Admin at any time at the Admins’ discretion. (Yet, Admins cannot view any Settings information of its Followers other than the Followers first and last name. See Privacy Policy). Important Note: All Admins will be able to view all the Messages sent to any Followers of the group no matter if the Admin is/was/becomes part of a sub-group to whom the Message was sent

2.6.4 Page Content Storage Limit: GroupPost will maintain an archive of the content described in Section 2.6.3. Yet, this content will remain on groups’ Pages for limited amount of time as determined by GroupPost at its discretion, but in no case shall be less than 30 days.