GROBI INTERNATIONAL TERMS & CONDITIONS
Welcome to Grobi!
The following Terms and Conditions control your membership in Grobi International, Inc. (Grobi) and opportunities enrolled in through GrobiWorld.com. These Terms and Conditions are a legal contract between you and Grobi.
You agree that you have read and understand this Agreement (“Agreement”) and that your membership in Grobi (the “Membership”) shall be subject to the following Terms and Conditions between you (the “Member”) and Grobi. You agree that these Terms and Conditions may be modified at any time by Grobi.
You agree to regularly review these Terms and Conditions from time to time since your ongoing membership, use of the website and participation in Grobi sponsored opportunities is subject to the terms and conditions as modified. Your continued participation in Grobi after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to these Terms and Conditions, please do not register to become a member of Grobi.
By joining the Grobi membership, using the site at www.GrobiWorld.com (the “Site”), purchasing any product(s), materials or services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Grobi from time to time at its sole discretion.
If you are residing in a jurisdiction which restricts your ability to enter into opportunities or Memberships such as this according to age and you are under such age limit, you may not enter into this Agreement or use any of the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use our Membership or services, you may not enter into this Agreement. By entering into this Agreement, you explicitly state that you have verified in your own jurisdiction that your use of the Grobi Membership or Services are allowed.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
To the full extent allowed by applicable law, Grobi, at its sole discretion, and for any or no reason, may refuse to accept your application for membership.
These Terms of Service (‘Agreement’) are between you (‘you’ or ‘member’) and Global Business Organization, Inc. You must enter into this Agreement by initialing where indicated and signing below. You will then be allowed to click the ‘Continue’ button and continue with the online registration process in order to become a Grobi member and avail yourself of Grobi negotiated opportunities and services. If you do not affirmatively agree to be bound by these Terms and Conditions of Membership, you will not be permitted to continue with the registration process. You understand that by signing these terms and conditions you are entering into a legally binding agreement with Grobi. You hereby agree to the use of electronic communication in order to enter into contracts and to place orders, and agree to the electronic delivery of notices, policies and records of transactions initiated or completed with respect to the Service. You further waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable law, which require an original (i.e., non-electronic) signature or delivery or retention of non-electronic records.
THE TERMS AND CONDITIONS STATED HEREIN ARE IN LIEU OF AND REPLACE ANY AND ALL TERMS AND CONDITIONS SET FORTH IN ANY DOCUMENTS PREVIOUSLY ISSUED. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY ANYONE AT ANY TIME ARE HEREBY OBJECTED TO BY Grobi, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Grobi. NO WAIVER OR AMENDMENT TO THIS CONTRACT OR THESE TERMS AND CONDITIONS SHALL BE BINDING ON Grobi UNLESS MADE IN WRITING EXPRESSLY STATING THAT IT IS SUCH A WAIVER OR AMENDMENT AND SIGNED BY AN AUTHORIZED SIGNATORY OF Grobi.
CONDITIONS OF MEMBERSHIP
You agree and warrant that you understand that Grobi is a membership organization and that Grobi does not sell any service or product directly to its members except this membership. You further warrant, understand and agree that Grobi has negotiated, and will negotiate in the future, opportunities with certain direct marketing companies and certain service and/or product vendors for the benefit of its members.
Grobi offers these special business opportunities, products and services to our members through third parties such as, but not limited to, marketing services, direct marketing opportunities, financial services, travel services, auto financing, business development training and other business and consumer services. Grobi will contract with others to perform such services and supply such opportunities for Grobi members.
You understand and agree that, subject to applicable law, that 1) Grobi reserves the right to change the goods and services, any promotional offer, or pricing or specification of any good or service, at any time and from time to time without any notice or liability to you or any other member or any other person, 2) Grobi does not, and cannot, guarantee or warrantee any goods or services provided by a third party, and 3) Grobi reserves the right to limit quantities of any goods or services offered by Grobi or any third party.
You agree and understand that Grobi reserves the right to change the cost to you for any service or product from time to time.
You understand and agree that if Grobi, or any third party vendor, are legally required to collect sales tax on your order, the tax amount will be added automatically to your purchase price.
You understand and agree that as a condition of membership, all members will purchase a one year membership in GrobiClub.com in addition to any fees charged by any of the Grobi opportunities. Currently, the GrobiClub.com membership fee is $8.00 per month, billed annually, subject to change at any time and from time to time. The initial Grobi membership fee will be bill 30 days after the initiation of your membership. Thereafter, the Grobi membership fee will be automatically renewed annually on your initial anniversary date until your membership is canceled. If the member terminates their membership before the end of any year, the membership fee will NOT be prorated or refunded.
IF YOU FAIL TO PAY FOR THE INITIAL OR RENEWAL MEMBERSHIP, YOUR MATRIX POSITION IN ANY OF GROBI’S OPPORTUNITIES IS SUBJECT TO TERMINATION AND YOUR DOWNLINE, IF ANY, MAY BE ASSIGNED, AT GROBI’S SOLE DISCRETION, TO GROBI OR YOUR IMMEDIATE UPLINE SPONSOR. THIS MAY EFFECT YOUR ABILITY TO EARN FUTURE COMMISSIONS.
LICENSE
Grobi owns and licenses all intellectual property and other rights, title, and interest in and to the Site or Service, and the materials accessible on the Site and Service, except as expressly provided for in this agreement. Without limitation, Grobi owns trademarks, copyrights, and certain technology used in making the Site, Services, and membership available to you. You acquire only those rights, title or interest that is expressly conveyed. We grant you a limited membership and revocable license to access and use the Site and our Service for its intended purposes, subject to your compliance with this Agreement. This membership and license does not include the right to collect or use information contained on the Site or through the Service for purposes that Grobi prohibits or to compete with Grobi. If you use the Site or our Service in a manner that exceeds the scope of this license or breaches any relevant agreement, your license and membership shall terminate immediately.
ACCOUNT, PASSWORD AND SECURITY
When you complete the online registration form, you agree to provide accurate, current, and complete information about yourself, including without limitation name, address and credit/debit card or other payment method information (the “Personal Data”), and to maintain and update your Personal Data to keep it accurate, current, and complete. You agree that Grobi shall have no obligation to verify the Personal Data. You agree that Grobi may rely on your Personal Data as accurate, current, and complete and you consent to the use of Personal Data for any purpose by Grobi and others involved in provision of the Service. You agree that if your Personal Data is untrue, inaccurate, not current, or incomplete in any respect, that Grobi shall have the right, without obligation and in addition to its other rights and remedies, to terminate your membership. For information regarding Grobi’s Privacy Policy and use of Personal Data, please go to Grobiclub.com. You also must choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Grobi immediately of any unauthorized use of your account or any other breach of security. Grobi will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Grobi or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
COPYRIGHT / TRADEMARK / UNAUTHORIZED USAGE OF FIRMWARE OR SOFTWARE.
The website and any firmware or software used to provide services or provided to you in conjunction with providing any service, and all information, documents and materials on Grobi’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Grobi are and shall remain the exclusive property of Grobi and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide any service or provided to you in conjunction with providing any service other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You are NOT allowed to use interface devices not authorized by Grobi. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
CREDIT CARD CHARGES / PAYMENTS AND DISPUTES
Upon entry in Grobi, the Member must provide Grobi with a valid credit card number from an issuer that is accepted by Grobi. The Member authorizes Grobi to charge the credit card number provided by Member (“Credit Card”) for Member’s purchase of their Membership. The Member agrees to notify Grobi of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. Grobi shall not be responsible for any charges made by the Credit Card issuer to End User’s Credit Card account for exceeding credit limit, insufficient funds or other reasons.
You must notify Grobi in writing within 7 days after receiving your credit card or other payment method statement if you dispute any Grobi charges on that statement or such dispute will be deemed waived. If you dispute a credit card charge without first notifying Grobi of the dispute and giving Grobi the opportunity to resolve the dispute, you will forfeit and terminate your membership with Grobi. Billing disputes should be delivered to the following address: grobiinternational@gmail.com.
TERMINATION/DISCONTINUANCE OF MEMBERSHIP, SERVICE(S) OR MATERIALS
Grobi reserves the right to change, suspend or discontinue providing any Membership, service or material generally, or to terminate your Membership or service at any time at its sole discretion. If your Membership or service is terminated for any reason, including without limitation, violation of this Agreement, or because of any improper use of the Membership or service (such as, but not limited to, your attempts to hack, disrupt, or misuse a Membership or service or your acts or omissions that violate any acceptable use policy of Grobi or of a third-party provider to which Grobi is subject), you will forfeit rights to your account and any position in an opportunity.
TAXES.
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for any Membership, service or material. Such amounts are in addition to payment for the Membership, service or material and will be billed to your membership in Grobi or any of the offered goods or services.
WARRANTY AND LIABILITY LIMITATIONS / INDEMNIFICATION
LIMITATION OF LIABILITY.
IN ADDITION TO THE DISCLAIMERS OF LIABILITY ELSEWHERE IN THIS AGREEMENT, IN NO EVENT SHALL Grobi, ITS O, EMPLOYEES, AFFILIATES, AGENTS OR ANY THIRD-PARTY PROVIDER WHO FURNISHES MEMBERSHIPS, SERVICES, GOODS TO Grobi MEMBERS IN CONNECTION WITH THIS AGREEMENT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE ANY MEMBERSHIP, SERVICES OR GOODS, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF ANY MEMBERSHIP, SERVICES OR GOODS QUALITY THAT IS CAUSED IN WHOLE OR IN PART BY ANY OF THE FOLLOWING: 1) ACT OR OMISSION OF AN UNDERLYING SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY 2) FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD; TERRORISM, STRIKES; FIRE; WAR; RIOT; GOVERNMENT ACTIONS; 3) EQUIPMENT OR FACILITY RELOCATION; 4) OUTAGE OF MEMBER’S ISP OR BROADBAND SERVICE PROVIDER; 5) ACT OR OMISSION OF MEMBER OR ANY PERSON USING THE SERVICE PROVIDED TO MEMBER; 6) ANY OTHER CAUSE THAT IS BEYOND Grobi’S CONTROL, INCLUDING WITHOUT LIMITATION A FAILURE OF OR DEFECT IN ANY SERVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION. Grobi’S AGGREGATE LIABILITY FOR (I) ANY FAILURE OR MISTAKE; (II) ANY CLAIM WITH RESPECT TO Grobi’S PERFORMANCE OR NONPERFORMANCE HEREUNDER OR (III) ANY Grobi ACT OR OMISSION IN CONNECTION WITH THE SUBJECT MATTER HEREOF SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. IN NO EVENT SHALL Grobi, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO MEMBER IN CONNECTION WITH THIS AGREEMENT BE LIABLE FOR ANY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE ANY MEMBERSHIP OR SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, INFRINGEMENT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT Grobi WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Grobi, its Directors, Officers, employees, affiliates and agents and any third-party provider who furnishes products or services to You in connection with this Agreement and, at Grobi’s option, either defend Grobi and/ or its service or material providers or pay Grobi and/or its service or material providers the cost of defense from and against all claims, losses, damages, fines, liabilities, penalties, costs and expenses of any nature whatsoever (“Liability”), including reasonable attorneys’ fees, related to or arising from: (a) the use of any Membership, service or material by you; (b) any violation of applicable laws, regulations or this Agreement by you; (c) negligent acts, errors or omissions by you; (d) injuries to, or death of, any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of Grobi; (e) claims for infringement of any intellectual property rights arising from your use of the Service, Software, the Internet, Personal Data or Content (as defined in the Section below); (f ) claims arising from Content transmitted by or to you; or (g) the use of the Services with any interface devices not provided by Grobi. This Section shall survive termination of this Agreement.
NO THIRD PARTY BENEFICIARIES.
There are no third party beneficiaries to this Agreement. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
CONTENT.
You are responsible for any and all liability that may arise out of the content transmitted by or uploaded to you using any services (“Content”). You are hereby granted a non-exclusive, non-transferable, license to Grobi and its third-party providers to use such Content, but solely in connection with and only for the term of the service.
You shall assure that your user’s content and use of any Membership, service or material will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Grobi reserves the right, in addition to its other rights and remedies, to terminate or suspend affected Memberships or services, and/or remove your content from the Services, if Grobi determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Grobi’s ability to provide Services to you or others or Grobi receives notice from anyone that your or your content may violate any laws, regulations, the Acceptable Use Policy or the Privacy Policy. Grobi’s actions or inaction under this Section shall not constitute review or approval of your use or content.
MISCELLANEOUS
GOVERNING LAW
This Agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of the State of Wyoming without reference to its choice of law rules. In addition, this Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (“UCITA”), even if that law has been adopted in Wyoming.
ENTIRE AGREEMENT
Your Agreement with Grobi constitutes the entire Agreement between Grobi and you and supersedes all prior agreements, representations, and understandings.
This Agreement can only be amended by Grobi, as provided in this Agreement. No written or verbal statement, advertisement, or product description will contradict, interpret, or supplement this Agreement.
SEVERABILITY
Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.
NOTICES
All notices required or permitted by this Agreement will be sent to your last known email address and/or physical address as reflected in the company records of Grobi. It is the member’s responsibility to maintain their current email and physical address on file with Grobi.
Notices from you to Grobi that are required to be in writing shall be emailed to Grobi Member Care at support@GrobiClub.com.
Written notifications shall be deemed given: (i) on the next business day, if sent by email; or (ii) three (3) business days after deposit of the notice in the United States mail, postage prepaid.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO SEEK RELIEF FROM AN APPROPRIATE GOVERNMENTAL REGULATORY AGENCY.
If you have a dispute covering your Membership, service, material or your invoices, please first call Grobi Member Care.
The arbitration process established in this Agreement is governed by the Federal Arbitration Act and you have the right to take any qualifying dispute to small claims court, rather than to arbitration. All disputes arising out of Grobi’s services and/ or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration.
Before initiating arbitration concerning this Agreement or Grobi’s services, you must notify Grobi in writing of such dispute to give Grobi a sixty-day opportunity to resolve the dispute. The written notice must be emailed to Grobi Member Care at service@GrobiClub.com. Grobi also has the right to initiate arbitration based on disputes with you arising out of Grobi’s services or this Agreement. Before initiating arbitration, Grobi must also attempt to resolve the dispute by first contacting you.
Any dispute arising out of Grobi’s Memberships, services or materials and/or this Agreement that is not satisfactorily resolved, within 60 days from the date that you or Grobi is notified by the other party of the dispute, may be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration. Any claim or dispute arising out of Grobi’s services and/or this Agreement must be brought within two (2) years after the date on which the basis for the claim or dispute first arises.
For a dispute involving $10,000 or less, the arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the AAA, as in effect at the time of the arbitration, and as modified by this Agreement. Disputes in excess of $10,000 shall be governed by the AAA’s Commercial Arbitration Rules and fee schedules. You may contact AAA in writing at AAA, One Towne Square, Suite 1600, Southfield, MI 48076-3728. You may also obtain additional information about AAA and its procedures from AAA’s website, at adr.org.
In conducting the arbitration, and in making any award, the arbitrator will be bound by and must strictly enforce the terms of this Agreement, and will not expand, limit, or otherwise modify the terms of this Agreement. The arbitrator will not award damages that are not expressly authorized by this Agreement. The arbitrator will not have authority to award punitive or exemplary damages or attorneys’ fees. You and Grobi expressly waive any claims for an award of damages that are excluded under this Agreement.
The arbitration will be based only on written submissions of the parties, and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted pursuant to the AAA’s in-person, telephonic, or on-line procedures. Unless mutually agreed by the parties, any in-person arbitration will be conducted at a location selected by AAA in the state of your primary residence. You have the right to be represented by an attorney in any arbitration.
You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. Unless otherwise provided for in the AAA rules, or in the arbitration award, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between you and Grobi. The prevailing party may seek to recover from the other party the AAA’s fees and the expenses of the arbitrator. If you select an in-person, telephonic, or on-line arbitration process, you must pay your share of any higher administrative fees and costs for the process you select.
Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation.
All post-award proceedings will be governed by the Federal Arbitration Act. Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential. Neither you nor Grobi may disclose the existence, content, or results of the arbitration, except to confirm and enforce the award, or as may be required by law.
Each dispute arising out of Grobi’s services or this Agreement will be resolved on an individual basis. You may not join your dispute with the claims or disputes of any other member(s), in any other lawsuit or arbitration. You specifically agree that you will not bring any dispute as part of a class-action, and further agree not to act as a class representative or participate as a member of a class of claimants with respect to any dispute arising out of Grobi’s services or this Agreement.
ADDRESS:
Grobi International, Inc
Grobiinternational@gmail.com