1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:

Welcome to Grouptivity. The collaboration services (the "Services") offered at www.grouptivity.com (the "Site"), are provided to you under the terms and conditions of this Terms of Service ("Terms of Service"), and any operating rules or policies that may be published by appMail LLC dba Grouptivity("Grouptivity") at the URL: www.grouptivity.com/en/terms.html. The Terms of Service comprises the entire agreement between you and Grouptivity and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING THE SITE, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use the Site as long as you adhere to these Terms of Service.

2. SERVICES VOID WHERE PROHIBITED:

Use of the Services is void where prohibited. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Terms of Service.

3. REGISTRATION AND PERSONAL INFORMATION:

You are required to register with Grouptivity if you want to circulate a groupMail, access replies from your groupMail members, revise or modify your groupMail, create and access your address book and edit your preferences and personal information. In order to register with Grouptivity you must supply your name and email address, as well as choose a password.

4. DESCRIPTION OF SERVICE:

Grouptivity provides users with an account for the collaboration services. You may send groupMails via Grouptivity to one or more recipients. To send a groupMail, you must input the recipients' email addresses. You may download electronically-stored address and contact information into your Grouptivity account, subject to compatibility and similar limitations. Recipients may reply to the groupMails, post comments or other responses, as applicable. Responses are processed by the Grouptivity's proprietary technology, and organized to assist you in managing the applicable groupMail.

5. DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY COLLABORATION IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING GROUPTIVITY YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY TASK OR OTHER ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. GROUPTIVITY HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING GROUPTIVITY, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY ACTIVITY SCHEDULED OR PLANNED VIA GROUPTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE GROUPTIVITY FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS GROUPTIVITY, IT'S SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT ANY EVENT.

6. CONTENT: You are solely responsible for any data, text, software, music, sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Services, including but not limited to the contents of your groupMail communications. Grouptivity does not control the Content transmitted, posted or distributed by users such as yourself via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using Grouptivity you understand and agree that you may receive Content transmitted or distributed by other users that may be offensive, indecent or objectionable. Under no circumstances will Grouptivity be liable in any way for any Content transmitted or distributed by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content transmitted or distributed via the Services. Subject to the terms of Grouptivity's Privacy Policy, you agree that if you use the Services to transmit any Content, you grant to Grouptivity, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, solely for purposes of transmitting, posting or distributing such Content to the intended recipients thereof.

7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, transmit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted in a groupMail without your permission or in any way that constitutes copyright infringement, please provide Grouptivity with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Site or a copy of the groupMail; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Grouptivity at the following address: Privacy Officer, Appmail LLC dba Grouptivity, 530 University Ave., Palo Alto CA 94301, privacy@grouptivity.com.

8. NO "SPAMMING": You must not use any feature of Grouptivity for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Grouptivity. If you use any feature of the Services for the purpose of sending Spam, Grouptivity reserves the right to immediately terminate your access to the Services and the Site and to seek appropriate legal recourse as necessary. If you believe that other users are using the Services for Spam, please notify Grouptivity by emailing Grouptivity at info@grouptivity.com. Please note that by using the Services you are consenting to receive, and authorizing Grouptivity to forward to you, groupMails from other users. Such messages are not included in the above definition of Spam.

9. NOTICES: Grouptivity may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to Grouptivity in writing via e-mail or as otherwise expressly provided by Grouptivity. Grouptivity may broadcast, distribute or display notices or messages through the Site to inform you of changes to the Terms of Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

10. PRIVACY POLICY: It is Grouptivity's policy to respect the privacy of its users. Grouptivity's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Grouptivity collect from you and how that information is used is governed by the Grouptivity Privacy Policy, which you can access here: Privacy Policy.

11. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Personal Information page (found under the Preferences tab). You may also set up a new account at your convenience. You agree to notify Grouptivity immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Grouptivity of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Grouptivity is notified by email of a breach in security, you will remain liable for any unauthorized use of the Services through your account. In consideration for using the Services and the Site, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by Grouptivity, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your registration is inaccurate, Grouptivity reserves the right to terminate your account immediately and your right to use the Site.

12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Services is personal to you. You agree not to resell or make any commercial use of the Services without the express consent of Grouptivity. You may not create bots or other computer generated automatic tools to create meetings, nor abuse the Services in any manner. Use that constitutes abuse shall be determined by Grouptivity in its sole discretion. Grouptivity reserves the right to terminate your account if Grouptivity determines you have not complied with this Terms of Service.

13. USER CONDUCT: Grouptivity reserves the right, but does not assume the responsibility, to monitor or review your use of the Services and the Site. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.

In using our Services you agree not to:

• Use the Services for illegal purposes;
• Interfere or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks;
• Use the Services in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
• Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
• Transmit through the Services any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
• Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Services;
• Transmit through the Services any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
• Interfere with another user's use and enjoyment of the Services;
• Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
• Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Services any directory of Grouptivity's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this Terms of Service;
• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
• Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or
• Engage in any other conduct which, in Grouptivity's sole discretion, is considered inappropriate, unauthorized or objectionable.

14. INDEMNIFICATION: You agree to indemnify and hold Grouptivity, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the Services, the violation of this Terms of Service by you, the infringement by you (or other user of the Services using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

15. TERMINATION: You may terminate your participation in the Services with or without cause at any time and effective immediately. Grouptivity may terminate the Services or your use of the Services with or without cause at any time and effective immediately, at Grouptivity's sole discretion, including but not limited to immediate termination of your use of the Services should your conduct fail to conform to the terms and conditions of this Terms of Service. Grouptivity shall not be liable to you or any third party for termination of the Services or termination of your use of the Site. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Grouptivity makes to the Terms of Service or become dissatisfied with the Services in any way, your only recourse is to immediately: (1) discontinue use of the Services; and (2) notify Grouptivity of your termination and, at your discretion, notify Grouptivity of the reasons for your termination. Upon termination of your use of the Services, your right to use the Site and the Services shall cease immediately. You shall have no right and Grouptivity will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the Terms of Service.

16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: Grouptivity shall not be liable for your interactions with any organizations and/or individuals found on or through the Site or the Services. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Grouptivity is under no obligation to become involved in disputes between participants using the Services, or between participants using the Services and any third party.

17. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Site or in any groupMail that take you out of the Site are not under Grouptivity's control and Grouptivity shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

18. VIOLATION OF TERMS BY OTHER USERS: Grouptivity asks that you participate in ensuring that all users follow the terms of this Terms of Service by reporting any use of the Services that violate these terms. To report a violation of this Terms of Service, please email us at info@grouptivity.com.

19. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GROUPTIVITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GROUPTIVITY MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GROUPTIVITY MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT GROUPTIVITY DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GROUPTIVITY FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. GROUPTIVITY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SITE OR SERVICES. GROUPTIVITY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SITE OR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROUPTIVITY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY: GROUPTIVITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GROUPTIVITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SITE OR THE SERVICES; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GROUPTIVITY OR A THIRD PARTY THROUGH THE USE OF THE SERVICES; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GROUPTIVITY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

21. GENERAL PROVISIONS: This Terms of Service shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that Grouptivity, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Grouptivity's failure to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Grouptivity in writing. You and Grouptivity agree that any lawsuit arising out of or related to these Services must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

22. MODIFICATIONS TO THE SERVICES AND TO TERMS OF SERVICE: Grouptivity reserves the right to modify or discontinue the Services with or without notice to you. Grouptivity shall not be liable to you if Grouptivity modifies or discontinues its Services. Grouptivity may change the terms and conditions of the Terms of Service at any time in its sole discretion. Without limiting the foregoing, Grouptivity may choose at any time to impose a fee for the use of the Services. In the event of any material or substantial change in the terms and conditions of this Terms of Service, Grouptivity may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the Site. By using the Services after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.