TERMS OF USE AND DMCA NOTICE

1. Parties

The parties to these Terms of Use are you, and the owner of this Groovedigital.com website business, Groove Digital, LLC ("Groove") which includes, but is not limited to, all websites and brands owned by the company such as GrooveKart.com, GroovePages.com, GrooveFunnels.com, GrooveSell.com, GrooveMail.com, GrooveVideo.com and GrooveWebinar.com. All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Groove.

2. Use And Restrictions

Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

Usage Restrictions: You further agree not to: (a) use the site for any illegal purpose or in violation of any local, state, national, or international law; (b) violate or encourage others to violate the rights of third parties, including intellectual property rights; (c) interfere with, disrupt, or attempt to gain unauthorized access to the site or Groove Digital's networks; (d) attempt to bypass any security features or technological protection measures of the site; (e) engage in any activity that could reasonably be expected to interfere with or disrupt the site, including by imposing an unreasonable or disproportionately large load on our infrastructure; or (f) use our services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature. Groove Digital reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including reporting the violator to law enforcement authorities.

3. Modification

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

Modifications to Services: Groove Digital, LLC reserves the right to modify, suspend, or discontinue, temporarily or permanently, any services, products, features, or portions of this site at any time, with or without notice and without liability to you or any third party. You agree that Groove Digital shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the services or products. We also reserve the right to change the pricing of our services and products at any time. Continued use of our services following notice of a price change constitutes acceptance of the new price.

4. CANCELLATIONS AND REFUNDS

4.1 Refund Period. ALL SALES ARE FINAL AND NON-REFUNDABLE ON THE 30TH DAY AFTER YOUR ORIGINAL PURCHASE DATE. Prior to the 30th day, a full unconditional refund for software services and digital products may be obtained by sending an email to [email protected] with your purchase information. Groove Digital reserves the sole right to determine eligibility for refunds and may deny refund requests that do not meet our policies or that we suspect are fraudulent or abusive.

4.2 Physical Product Refunds. Physical products must be returned to Groove in good, resellable condition to be eligible for a refund. There may be restocking fees for physical products, as described at the time of your purchase. Shipping and handling fees are non-refundable unless otherwise specified.

4.3 Subscription Cancellation. If your product is a subscription, your subscription is continuous and will continue according to the schedule you agreed to at the time of your purchase until you cancel it. If you'd like to cancel your subscription, send an email to [email protected] and your subscription will be cancelled immediately and you will not be charged for any future payments. Only the initial payment in a subscription is refundable, and only if submitted within the 30 day refund period. Pro-rated refunds are not available for partial billing periods, and any cancellation will be effective at the end of the current billing period.

4.4 Installment Sales. Installment sales are NOT subscriptions. When you agree to an installment sale you are agreeing to pay the full purchase price in a fixed number of payments according to the terms. Installment payments cannot be cancelled and are due and owing according to the payment schedule agreed upon at the time of the sale. The refund period for the sale is only for 30 days after the initial payment. Additional payments are payments of a debt owed to the company and not eligible for refund. Failure to make any installment payment when due may result in immediate termination of your access to the product or service without notice and without release from the obligation to pay the full purchase price.

4.5 Inactive GrooveKart Stores To maintain system performance and storage efficiency, Groove reserves the right to permanently remove any GrooveKart eCommerce store that remains inactive for a continuous period of twelve (12) months or longer. Inactivity is defined as the absence of any store activity, including logins, product updates, sales, or customer interactions. We will make reasonable attempts to notify the account owner via email prior to store deletion. However, it is your responsibility to keep your store active and your contact information up to date. Groove shall not be liable for any data loss resulting from account inactivity or failure to respond to warnings.

4.6 No Refunds for Account Termination. If your account is terminated due to a violation of this Agreement or any other policies referenced herein, you will not be entitled to any refund, and you remain liable for all charges incurred through the date of termination. Further, you acknowledge that Groove Digital is not required to provide a refund for any reason.

5. How We Treat Postings To This Site (Blog, Forum, or Chat Room)

5.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.

5.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.

5.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

6. Defamation; Communications Decency Act Notice

This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of the content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

7. Monitoring

We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site's home page.

8. Separate Agreements

You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

9. Ownership

The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

10. DMCA Notice

This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

11. Limitation of Liability

12. Links to This Site

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

13. Links to Third Party Websites

We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.

14. Participation In Promotions of Advertisers

You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

15. Arbitration

Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Palm Beach County, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of Palm Beach County, Florida, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

Mandatory Pre-Arbitration Dispute Resolution: Prior to initiating any arbitration, you agree to notify Groove Digital, LLC in writing of any dispute at least 30 days in advance of initiating arbitration and attempt to negotiate an informal resolution. Notice should be sent to [email protected]. You agree to negotiate in good faith to resolve the dispute. If the dispute is not resolved within 30 days of receipt of such notice, you or Groove Digital may proceed to file a claim for arbitration. You acknowledge and agree that you waive any right to a jury trial and to participate in a class action lawsuit.

16. Jurisdiction And Venue

The courts of Palm Beach County in the State of Florida, USA and the nearest U.S. District Court in the State of Florida shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

17. Controlling Law

This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

18. Severability

If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

19. Force Majeure

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

20. Privacy

Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.

21. Notices

You agree that any legal notices or disclosures we are required to send to you may be delivered via email to the last email address you provided to us. Such notice shall be deemed effective upon transmission.

22. Limitation on Claims

You agree that any claim or cause of action arising out of or related to use of this site or these terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

23. Termination of Access

We reserve the right, in our sole discretion, to terminate your access to the site or services at any time and for any reason, including but not limited to violation of these terms, without liability or obligation to you.

24. Authority to Bind Entity

If you are accessing or using this site on behalf of a company, organization, or other entity, then you represent and warrant that you have authority to bind that entity to these terms, and that entity accepts these terms.

25. Class Action Waiver

YOU AND GROOVE DIGITAL, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Groove Digital, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

26. Lifetime Membership Definition

Lifetime Membership Limitations: Where we offer "Lifetime" memberships or access to our software products, "Lifetime" is strictly and exclusively defined as the lifetime of the specific software version that was available at the time of purchase. "Lifetime" does not mean the lifetime of the purchaser, Groove Digital, LLC, or any other interpretation. A "Lifetime" membership applies solely to the specific software product purchased and does not include, cover, or extend to:

(i) Any new software products, platforms, or services created or offered by Groove Digital, LLC after your purchase date;

(ii) Any new features, modules, or extensions added to the software after your purchase date, unless expressly designated as free upgrades by Groove Digital, LLC in writing;

(iii) Any successor, replacement, or rebranded versions of the software;

(iv) Any other products in the Groove Digital, LLC ecosystem not specifically included in your original purchase.

Modification of Features: Groove Digital, LLC reserves the absolute and sole right to add, modify, limit, or completely remove any features, functionality, or services that were available or promised at the time of purchase, without notice, compensation, or recourse. The addition or removal of features shall not constitute a breach of any lifetime membership agreement.

Termination of Software: If Groove Digital, LLC discontinues, ceases development of, sells, or otherwise terminates the software product for which you purchased a lifetime membership, your membership terminates immediately with such discontinuation. In such event, you are entitled to no refund, compensation, replacement product, or any other consideration. If Groove Digital, LLC ceases operations, is acquired, declares bankruptcy, or otherwise goes out of business, all lifetime memberships are automatically terminated without any obligation to purchasers.

No Guaranteed Uptime or Availability: Under no circumstances do we guarantee any specific level of uptime, availability, or access to our services. Our services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. We do not guarantee continuous, uninterrupted access to any of our services, and operation of our website and services may be interfered with by numerous factors outside of our control.

Acknowledgment: By purchasing a lifetime membership, you explicitly acknowledge and agree to these limitations and conditions, and agree that this definition of "Lifetime" supersedes any other interpretation, regardless of how the term may be used in marketing materials, sales communications, or other representations.

27. Disclaimer of Warranty

ALL CONTENT, PRODUCTS, AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GROOVE DIGITAL, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GROOVE DIGITAL, LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GROOVE DIGITAL, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

28. Indemnification

You agree to indemnify, defend, and hold harmless Groove Digital, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising from or relating to: (i) your use of our site, products, or services; (ii) your violation of these Terms of Use or any applicable law, regulation, or third-party right; (iii) any content or information you submit, post, or transmit through our site or services; (iv) your failure to secure proper authorization from any third party whose personal or other data or information you submit to our site or services; (v) any products or services purchased or obtained by you in connection with our site; or (vi) any other activity in which you engage on or through the site. Groove Digital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This indemnification obligation will survive the termination of these Terms of Use and your use of the site or services.

29. Electronic Communications

When you visit our site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for any purchases you make.

30. Data Backups

You acknowledge and agree that you are solely responsible for backing up and maintaining copies of any data that you upload, create, or modify while using our services. Groove Digital, LLC makes no guarantees regarding the preservation, integrity, or recoverability of your data. While we may maintain backup systems, these are primarily for disaster recovery purposes and not for retrieving individual user data. In the event of data loss, corruption, or unavailability, Groove Digital's maximum liability shall not exceed the amount specified in Section 11 (Limitation of Liability).

31. Third-Party Integration

Our services may integrate with or allow access to third-party services, software, or applications ("Third-Party Services"). You acknowledge that your use of any Third-Party Services is governed solely by the terms and conditions of such services, and we do not endorse, are not responsible for, and make no representations as to such Third-Party Services, their content, or any goods or services accessible through them. Any third-party software provided by Groove Digital is provided "AS IS" without warranty of any kind. Your use of such software is at your own risk. You acknowledge that Groove Digital has no control over third-party terms or policies and shall have no liability for any changes to third-party services that may affect integration with our services.

32. Assignment

You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent, notice, or restriction of any kind. In the event of an assignment by us, we will be relieved of any further obligation to you.