JoinVite C:\webfiles\wwwroot\joinvite.com\
 
 

Terms of Use

Welcome to JoinVite.com, a tool for helping you find time and activities to share with your friends.  The JoinVite.com website and service (together, the “Website”) are operated by JoinVite LLC (“JoinVite.com”).  By accessing or using the Website you agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of JoinVite.com (“Member”). 

This Agreement includes JoinVite.com’s Privacy Policy and any notices regarding the Website.

The Terms of Use may be changed at any time, effective upon posting on the JoinVite.com website, and your use of the Website after such posting will constitute your acceptance of the new Terms of Use.  If you do not agree to accept these or any future Terms of Use, do not use or access (or continue to use or access) the Website.  It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY.  THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Form.

By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.

Access and Retention.

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Eligibility.

You must be at least eighteen (18) years of age to register as a Member of JoinVite.com or use the Website.  Membership in the Website is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term.

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time.

JoinVite.com may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to JoinVite.com.  All decisions regarding the termination of accounts shall be made in the sole discretion of JoinVite.com. JoinVite.com is not required to provide you notice prior to terminating your membership. JoinVite.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Non-commercial Use by Members.

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Website for any purpose.  Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of JoinVite.com, which may be revoked at any time, for any reason, in JoinVite.com's sole discretion.

Account Security.

You are responsible for maintaining the confidentiality of the e-mail address and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your e-mail address and password. You agree to (a) immediately notify JoinVite.com of any unauthorized use of your e-mail address or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. JoinVite.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Your Interactions with Other Members.

You are solely responsible for your interactions with other Members. You understand that JoinVite.com does not in any way screen its Members, nor does JoinVite.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members.  JoinVite.com makes no representations or warranties as to the conduct of Members. In no event shall JoinVite.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or any other person.  You agree to take reasonable precautions in all interactions with other Members and other persons, particularly if you decide to meet offline or in person.  In addition, you agree to review JoinVite.com's Safety & Courtesy Tips prior to using the Website.  You should not provide your financial information (for example, your credit card or bank account information) to other Members.

Proprietary Rights.

JoinVite.com owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, service marks, trademarks, and other proprietary information of JoinVite.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Reliance on Content.  JoinVite.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will JoinVite.com be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

Content Posted by You on JoinVite.com.

You are solely responsible for the Content that you publish (hereinafter, "post") on the Website, or transmit to other Members. You will not post on the Website, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to JoinVite.com or to any other Member.

You understand and agree that JoinVite.com may review and delete any content or messages (collectively, "Content"), in each case in whole or in part, that in the sole judgment of JoinVite.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

By posting Content to JoinVite.com, you automatically grant, and you represent and warrant that you have the right to grant, to JoinVite.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by JoinVite.com will not infringe or violate the rights of any third party.

In addition, you agree not to use the Website to:

• harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

• use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;

• use automated scripts to collect information from or otherwise interact with the Website;

• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

• register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity;

• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; 

• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

• upload, post, transmit, share 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;

• intimidate or harass another;

• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

• use or attempt to use another's account without authorization from JoinVite.com, or create a false identity on the Service or the Website.

• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of JoinVite.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose JoinVite.com or its users to any harm or liability of any type.

Third Party Websites and Content

The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Sites").  Such Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites.  Inclusion of, linking to or permitting the use or installation of any Third Party Site does not imply approval or endorsement thereof by us. If you decide to leave the Website and access any Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

 

Modifications to Service.  

JoinVite.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that JoinVite.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Blocking of IP Addresses.  

In order to protect the integrity of the Website, JoinVite.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

Member Disputes
You are solely responsible for your interactions with other Members of JoinVite.com.  We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy.  

We care about the privacy of our users. Click here to view JoinVite.com’s Privacy Policy.  By using the Website you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers.

JoinVite.com is not responsible or liable in any manner for any Content, whether posted or caused by Members of the Website, by JoinVite.com, by third parties or by any of the equipment or programming associated with or utilized in the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any Content.  JoinVite.com is not responsible for the conduct, whether online or offline, of any user of the Website.

The Website may be temporarily unavailable from time to time for maintenance or other reasons. JoinVite.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. JoinVite.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Website or combination thereof, including injury or damage to Member’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will JoinVite.com be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone's use of the Website, any Content posted on or through the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.

The Website is provided "AS-IS" and JoinVite.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  JoinVite.com cannot guarantee and does not promise any specific results from use of the Website.

JoinVite.com reserves the right to change any and all content, software and other items used or contained in the Website and any services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by JoinVite.com.

 

Limitation on Liability. 

IN NO EVENT WILL JOINVITE LLC OR ITS MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF JOINVITE LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE JOINVITE LLC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL JOINVITE LLC’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO JOINVITE LLC FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM JOINVITE LLC, REGARDLESS OF THE CAUSE OF ACTION.

By visiting or using the Website, you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and JoinVite.com or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Wisconsin, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Wisconsin.

Arbitration.

YOU AND JOINVITE LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE WEBSITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE WEBSITE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the Member conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, JoinVite.com will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Website (including your visit to or use of the Website) be instituted more than three (3) years after the cause of action arose.

Indemnity by You.

You agree to indemnify and hold JoinVite.com, its subsidiaries, affiliates, members, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Submissions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), provided by you to JoinVite.com are non-confidential and shall become the sole property of JoinVite.com. JoinVite.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Other

These Terms of Use constitute the entire agreement between you and JoinVite.com regarding the use of the Website, superseding any prior agreements between you and JoinVite.com relating to your use of the Website. The failure of JoinVite.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this agreement.  JoinVite.com is a service mark of JoinVite LLC.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.