These terms and conditions (the «Terms of Service») govern your use, in any manner, including viewing content, of GroupFilter software («GroupFilter» or «us», also referred to herein as GroupFilter.io, or GroupFilter Pro).
GroupFilter is a reporting chrome extension that analyzes data on your Facebook Group. GroupFilter Pro is the paid version that includes all features after the expiration of the free 14-day trial of FriendFilter (the «Service»).
The GroupFilter membership is further defined as follows:
SUBSCRIBING MEMBER: A Subscribing Member is defined as a subscriber to GroupFilter Pro that is able to access reporting of their Facebook page to analyze group connection metrics.
We claim no intellectual property rights over the material you provide to GroupFilter via the Service. Any data you upload whose copyright is your own, remains yours.
In order to access GroupFilter, you must download the GroupFilter chrome extension.
You understand that you may not:
You represent and warrant that you will not use the Service for any illegal or unauthorized purpose. If you submit materials as a Subscribing Member, you represent and warrant that you:
You agree that you:
4.1. You are granted a nonexclusive, non-concurrent, nontransferable, limited right to access the Service. Your responsibility extends to all activity and use under any member account information (e.g., email) that you use. You may use the Service functionality only via GroupFilter.io and you may not download, copy, reuse or distribute that functionality.
4.2. GroupFilter reserves the right to monitor use of the Service to ensure compliance with these Terms of Service. If we determine that you are not in compliance with this Agreement, GroupFilter reserves the right to take appropriate action including, but not limited to, suspension or cancellation of your account.
4.3. You may not copy, modify, reproduce, retransmit or otherwise utilize the GroupFilter content in any other fashion or for any other purpose without the express written permission of the content’s owner. You may only link to the web site for the purpose of directing other users to the site and must remove any link to the site immediately upon request from GroupFilter.
4.4. You agree to immediately notify GroupFilter of any unauthorized use of the Service or any other breach of security. GroupFilter cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5.1. Your use of the Service is at your sole risk. The service is provided on an «as is» and «as available» basis. You understand that GroupFilter may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.
5.2. GroupFilter does not warrant that (i) the Service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through this Service will meet your expectations; (v) that all Pitches submitted by Subscribing Members will be posted and/or be posted in a timely manner; (vi) that all responses to Pitches posted anonymously will be timely and fully forwarded to the Subscribing Member; and, (vii) any errors in the Service will be corrected.
5.3. Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. GroupFilter disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Service. GroupFilter disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
5.4. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
5.5. THE SERVICE IS PROVIDED ON AN «AS-IS», «AS AVAILABLE» BASIS. GroupFilter, ITS AFFILIATES, AGENTS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. GroupFilter, ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE. GroupFilter DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
5.6. To the extent permitted by law, GroupFilter’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to $50. In no event shall GroupFilter have any liability to YOU for any claims or demands of third parties OR ANY lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if advised of the possibility of such damages. NEITHER GroupFilter, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL GroupFilter, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION.
5.7. GroupFilter shall also have no responsibility or liability for any content created or posted by you or other third parties, as either a Subscribing Member.
You agree to defend, indemnify, and hold harmless GroupFilter, its employees, officers, directors, affiliates, contractors, attorneys, third party vendors and agents («Indemnitees») against all claims, demands, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur in connection with (i) your use of the Service or any hyperlinked web site; (ii) a violation of any of your representations, warranties or obligations under this Agreement; (iii) content you submit, post, transmit, or make available through the Service, (iv) your use of the Service, (v) your connection to the Service; or (vi) your violation of any rights of another including but not limited to another’s copyright, patent, trademark, trade secrets, or other intellectual property right.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.
We may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; or (2) protect the rights, property, personal safety or interests of any of GroupFilter and/or its employees, officers, directors, contractors, attorneys and agents, its customers, or the public.
By using the Service you grant us a license to copy, distribute, modify and publicly display content that you post about the Service. The purpose of this license is to serve the mechanical and electronic requirements of maintaining the website, its associated syndication technologies, and marketing purposes. This license does not extend to any use outside of this scope. This license is granted and in force as long as the content exists on the site and the chrome extension is functional.
GroupFilter owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to its copyrighted material, trademarks, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to User Content.
You agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
13.1. You shall pay any fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable.
13.2. Charges, if applicable, for access to the Service are billed in advance on a monthly or yearly basis and you authorize GroupFilter to charge the credit card on file for each payment. There will be no refunds or credits for partial months of use of the Service or for upgrades/downgrades. You must provide GroupFilter with valid credit card information to use certain functionality of the Service and you represent that you are the cardholder of the credit card used for payment and are authorized to provide this authorization. GroupFilter reserves the right to modify its fees and charges and to introduce new charges at any time. For any upgrade or downgrade in service level, your credit card will automatically be charged the new rate on your next billing cycle. If you miss a payment, GroupFilter may notify you by phone or mail, but has no obligation to do so. An invalid credit card or failure to remit payment in no way relieves you of payment for the Service.
13.3. If you cancel the Service before the end of your current paid month, your cancellation will take effect at the end of your current monthly billing period at which time your access will be terminated.
13.4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on GroupFilter’s income. You agree that we may add such charges to your credit card for payment as part of your monthly account fees. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: help@friendfilter.io.
13.5. You agree to provide GroupFilter with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, GroupFilter reserves the right to terminate your access to the Service in addition to any other legal remedies.
13.6. Unless otherwise agreed to by GroupFilter, amounts will be billed in U.S. dollars.
14.1. This Agreement shall be governed by and construed under the laws of Florida exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Florida, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
14.2. The failure of GroupFilter to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by GroupFilter. All rights not expressly granted to you herein are reserved by GroupFilter.
14.3. You acknowledge and agree that you and GroupFilter are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to enter into agreements of any kind on behalf of the other, nor shall either party be considered the agent of the other party.
14.4. You consent to receive communications from GroupFilter concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to any postal address you provided in connection with your account. You may change the email or postal address to which GroupFilter sends communications by notifying GroupFilter in writing (which may be by e-mail). Notices provided to you via email will be deemed given and received on the transmission date. Official correspondence to GroupFilter must be sent via email at help@friendfilter.io.
14.5. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
14.6. These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and govern your use of the Service. These Terms of Service supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter including, but not limited to, prior versions of the Terms of Service. GroupFilter reserves the right to modify these Terms of Service or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. We may change or discontinue any part of this Service, without notice, at any time, at our sole discretion.