Terms of Service
These terms govern your use of groovemarkhq.com. Plain English, fair to both sides. They are not the contract for client work, that is a separate signed agreement.
Important: these Terms govern your use of the Groovemark website. They do not govern any work we do for paying clients. Client engagements are governed by a separate Master Services Agreement signed at the start of each project, which always takes precedence over these Terms for client matters.
1. Agreement to terms
By accessing or using groovemarkhq.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site. By using the Site, you represent that you are at least 18 years old, or that you are using the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
2. About us
The Site is operated by Groovemark LLC, a Montana limited liability company. References to "we," "us," "our," or "Groovemark" mean Groovemark LLC. References to "you" or "your" mean the visitor or user of the Site.
You can contact us at hello@groovemarkhq.com.
3. Use of the site
You may use the Site for lawful purposes, including learning about our services, contacting us, and signing up for our newsletter. You agree NOT to:
- Use the Site in any way that violates applicable law or regulation
- Attempt to gain unauthorized access to any part of the Site, our systems, or the systems of our service providers
- Use any automated system (bot, scraper, spider, or similar) to access the Site without our prior written consent, except for legitimate search engine indexing
- Introduce viruses, malware, or other harmful code
- Impersonate Groovemark or any other person or entity
- Harass, abuse, or harm another person through the Site
- Use the Site to transmit unsolicited advertising or spam
- Reverse engineer, decompile, or disassemble any part of the Site
- Remove copyright, trademark, or other proprietary notices from any content on the Site
We reserve the right to refuse service, terminate access, or remove content at our discretion if we believe these Terms have been violated.
4. Intellectual property
Our content
All content on the Site, including text, graphics, logos, images, the Groovemark name and brand, code, and the overall design, is owned by or licensed to Groovemark LLC and is protected by United States copyright, trademark, and other intellectual property laws.
You may view, download, and print pages from the Site for your own personal, non-commercial reference. You may not republish, reproduce, sell, or commercially exploit any content from the Site without our prior written permission.
Trademarks
"Groovemark" and the Groovemark logo are trademarks of Groovemark LLC. You may not use these marks without our prior written consent. Any other trademarks, service marks, or trade names mentioned on the Site are the property of their respective owners.
5. User content and submissions
If you send us a message, idea, suggestion, feedback, or any other communication through the Site, by email, or by any other means (collectively, "Submissions"), you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and incorporate your Submission in connection with operating and improving Groovemark LLC. This includes the right to use ideas or suggestions you share without compensating you.
You represent and warrant that any Submission you send us is your original work, does not violate the rights of any third party, and is not unlawful. Do not send us any confidential or proprietary information through public means; if confidentiality is needed for a project, we will sign a separate NDA.
6. Third-party links
The Site may contain links to third-party websites, services, or resources. We provide these links for convenience only. We do not control, endorse, or take responsibility for the content, privacy practices, or operations of any third-party site. Visiting linked sites is at your own risk and subject to those sites' own terms and privacy policies.
7. Disclaimers and no warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GROOVEMARK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND TITLE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT INFORMATION ON THE SITE IS COMPLETE, ACCURATE, OR CURRENT, AND WE MAY UPDATE, CHANGE, OR REMOVE INFORMATION AT ANY TIME WITHOUT NOTICE.
ANY GENERAL INFORMATION ABOUT MARKETING, SEO, AI VISIBILITY, OR BUSINESS GROWTH PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL, LEGAL, FINANCIAL, OR BUSINESS ADVICE. YOU SHOULD NOT RELY ON IT AS A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL FAMILIAR WITH YOUR SPECIFIC SITUATION.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GROOVEMARK, JONATHAN KAUFMAN, OR ANY OF OUR AGENTS, REPRESENTATIVES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100). FOR CLIENT WORK, LIABILITY IS GOVERNED BY THE SEPARATE MASTER SERVICES AGREEMENT SIGNED AT THE START OF THAT ENGAGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Indemnification
You agree to defend, indemnify, and hold harmless Groovemark LLC, its members, and our service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Site
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property right or privacy right
- Any content you submit to us
We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense.
10. Dispute resolution and arbitration
Informal resolution first
If you have a dispute with us, please contact us at hello@groovemarkhq.com first. We will work in good faith to resolve any dispute informally, and most disputes can be resolved this way.
Binding arbitration
If we cannot resolve a dispute informally within 60 days, you and Groovemark agree that any unresolved dispute, claim, or controversy arising out of or relating to the Site or these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in the United States, and the arbitrator's decision will be final and binding.
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters relating to intellectual property infringement or unauthorized access to systems, without first using arbitration.
No class actions
You and Groovemark agree that any dispute resolution will be conducted only on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
11. Governing law
These Terms are governed by the laws of the United States and, where applicable, the state in which Jonathan Kaufman is domiciled at the time a dispute arises, without regard to conflict-of-laws principles. For any matter not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in that state.
12. Termination
We may suspend or terminate your access to the Site at any time, for any reason, without notice, if we believe you have violated these Terms or applicable law. You may stop using the Site at any time. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
13. Changes to these terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we will provide additional notice on the Site or by email if we have your address. Your continued use of the Site after a change means you accept the updated Terms. If you do not agree to a change, your only recourse is to stop using the Site.
14. Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and Groovemark regarding your use of the Site, and supersede all prior agreements on this subject.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be replaced with an enforceable one that comes as close as possible to the original intent.
No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing to be effective.
Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a sale or transfer of the business.
Headings. Section headings in these Terms are for convenience only and do not affect interpretation.
15. Contact us
Questions about these Terms?
Email: hello@groovemarkhq.com
Mail: Groovemark LLC, United States