Terms of Service
Everything you’ve ever wanted to know about using Genexa Properties.
These Terms of Service were LAST UPDATED on July 26, 2022.
Your access to and use of our website(s), mobile sites, services, applications, advertisements, or any online community hosted on these (the “Properties”), is subject to the following terms of service (these “Terms of Service”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Properties, you accept and agree to be bound by these Terms of Service, which are conditions of permission to access the Properties. If you do not agree to these Terms of Service, you may not have full access to the Properties. If you are younger than 18 years of age, you are forbidden from becoming a member of the Properties or posting information on the Properties.
The form and nature of the services, content and all information posted on the Properties is subject to change without notice. In addition, these Terms of Service may be changed, altered or modified at any time without prior notice. Genexa Inc. (“Genexa,” “we,” or “us”) will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms of Service were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Service. Your continued access of the Properties after such changes conclusively demonstrates your acceptance of those changes.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Properties, with or without notice; charge fees in connection with the use of the Properties; modify and/or waive any fees charged in connection with the Properties; and/or offer opportunities to some or all users of the Properties. You agree that neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees (each, an “Affiliated Entity”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Properties, in whole or in part, or of any service, content, feature or product offered through the Properties.
Permitted Use, Limited License and Authorization to Reproduce
Subject to these Terms of Service and any other terms and conditions on the Properties, Genexa hereby grants to you the non-exclusive right to use the Properties and download, install, reproduce, use and disclose the contents of the files or other media provided on the Properties that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any Genexa trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Properties. The Properties, all of the information and materials contained herein, and the software used to make the Properties available (collectively, “Content”) are and shall remain the property of Genexa and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Properties or making use of the permitted uses allowed under these Terms of Service.
Copyrights and Trademarks
As between you and Genexa, all copyrights in these Terms of Service, any Content, or the Properties, and all brand names, logos and trademarks on the Properties, are owned by Genexa. Except as set forth in Section 1, no license to download, use, or reproduce any of the Genexa Content or other material, brand names, logos and/or trademarks is given or implied, and the Genexa Content, brand names, logos and/or trademarks may not be downloaded, reproduced, or used (except as an integral part of an authorized copy of material appearing on the Properties pursuant to Section 1, and only for as long as you are authorized to use the Properties pursuant to these Terms of Service) or modified or distributed in any way without prior written permission. Except as otherwise expressly authorized herein or in writing in advance by Genexa, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Properties or the Content. All other trademarks not owned by Genexa that appear on the Properties are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Genexa.
Genexa may host message boards, chat rooms, blogs, communities and other interactive forums or services (each, a “Forum”) on its Properties. Forums are intended to serve as discussion centers. Any user failing to comply with these Terms of Service may be expelled from and refused continued access to Forums in the future. You understand that Genexa staff, Genexa’s outside contributors, or other users connected with Genexa may participate in Forums or other aspects of the Properties and may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. Genexa is not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Genexa or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE PROPERTIES, YOU DO SO AT YOUR OWN RISK.
User-Submitted Ideas, Comments, and Other Content
Information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same (each, a “Submission”) may be posted within a Forum or otherwise disclosed or made available to Genexa by you or others through or in connection with the Properties. Submissions posted and/or uploaded to the Forums or through the Properties may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You must have the legal right to upload, post, or otherwise disclose or make available each Submission before you do so. Genexa acquires no title or ownership rights in or to any Submission you submit through the Forums, post through the Properties, or that is otherwise displayed on the Properties. Genexa is acting only as a host, bulletin board or conduit (and not a publisher) for Submissions.
For each such Submission that you submit, upload, or post to the Properties, you hereby unconditionally grant to Genexa and its Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and fully-paid-up, fully sub-licensable (through multiple tiers) license, under any and all such rights, without additional compensation to you or any third party to: (a) host (including without limitation offering other Properties users the ability to tag, rate, review and comment on), store, cache, index, archive, crawl, reproduce, distribute, adapt (including without limitation edit, modify, remix, morph, excerpt, alter, translate, and reformat, make, sell, offer to sell, import), copy, scan, create derivative works of, transmit, perform and display (publicly or otherwise), make available to the public and otherwise use and exploit (and have others exercise such rights on behalf of us or our Affiliated Entities, through multiple tiers, to the maximum extent permitted by applicable law) such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media whether now known or hereafter developed or discovered (including without limitation Internet, cable, satellite, and wireless media), for any purpose, including but not limited to any advertising or promotional purposes, developing, manufacturing and marketing products incorporating any aspect of such Submission; (b) exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Submission; (c) use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Submission. You also hereby grant each user of the Properties a non-exclusive license to access your Submission through the Properties, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Properties and under these Terms of Service. To the extent any right you may have in or relating to any Submission to Genexa and its Affiliated Entities under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including without limitation all rights of publicity, and that such Submission does not misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity. You further represent and warrant that such Submission, and your provision thereof to and through the Properties, complies with all applicable statutes, orders, regulations, rules and other laws.
Unauthorized Use or Access
Unless otherwise expressly authorized in these Terms of Service or on the Properties, you may not take any action to interfere with the Properties or any other user’s use of the Properties or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Properties, nor insert any code or product or manipulate the Content in any way that affects any user’s experience. While using the Properties you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Properties to respect the rights and dignity of others. Your use of the Properties is conditioned on your compliance with the rules of conduct set forth in this section.
You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Service:
Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Properties:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Any material, non-public information about a company without the proper authorization to do so.
Use the Properties for any fraudulent or unlawful purpose.
Use the Properties to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Properties.
Impersonate any person or entity, including without limitation any representative of Genexa; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Properties; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Properties or the servers or networks used to make the Properties available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Properties (including without limitation by hacking or defacing any portion of the Properties).
Use the Properties to advertise or offer to sell or buy any goods or services for any business purpose, without Genexa’s express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Properties.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Properties.
Remove any copyright, trademark or other proprietary rights notice from the Properties or materials originating from the Properties.
Frame or mirror any part of the Properties without Genexa’s express prior written consent.
Create a database by systematically downloading and storing Properties’ Content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Properties’ Content or reproduce or circumvent the navigational structure or presentation of the Properties.
Additionally, you acknowledge and agree that you (and not Genexa) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Properties, and paying all charges related thereto.
Links To Other Websites
For the convenience of users of the Properties, one or more links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. Those independent websites may collect data or solicit personal information from you. Except as otherwise indicated, the Internet websites to which links are provided on the Properties are not under the control of Genexa. Genexa assumes no responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Properties and any other Internet website is not and shall not be understood to be an endorsement by Genexa of the opinions or views expressed by the linked Internet website, or of the owner or proprietor of the linked Internet website.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Genexa shall have the right, at any time and in its sole discretion, to block links to the Properties through technological or other means without prior notice.
The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Genexa’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Membership; User Names and Passwords
Any online community hosted on our Properties (the “Community”) is designed for you and your family’s enjoyment. As a member of the Community, you may receive certain specialized content, as well as special offers from Genexa. If you become a member of the Community, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, Genexa may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You further agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. Genexa reserves the right to terminate your membership to the Community if any individual other than you attempts to access the Properties using your user name or password or if you (or anyone using your user name and password) otherwise breach these Terms of Service. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Properties in violation of these Terms of Service. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Properties and update your e-mail address. Should your e-mail address become undeliverable, your membership to the Community may be suspended until such time as you provide a currently-deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. You must remove yourself from membership to the Community should you wish to no longer receive e-mail communications from Genexa. Simply “replying” to an e-mail message sent to you is not an authorized Genexa of removal and such requests will not be processed. Removal from the Community is properly accomplished by following the “unsubscribe” instructions in a Genexa e-mail communication. Genexa may send you an email confirming your removal from the Community. No other forms of removal are approved or authorized.
The Community Member Agreement
Every Community member must agree to the following before signing up:
- When sharing through the Properties, I will always disclose that I have been compensated with free samples of products and/or brand experiences [Click Here for complete Disclosure Rules].
- I will be truthful in my statements and make sure that they can be substantiated.
- I will speak in my own words, from actual personal experience.
- I will abide by the standards of the Properties and keep my posted content free of pornography, obscenity, violence, racially or ethnically offensive content, and/or material or anything that violates copyright law.
- I understand that I am subject to liability for false or unsubstantiated statements made through endorsements, (in other words, always be honest!) or for failing to disclose material connections between myself and my endorsers. (In other words, always state it directly whenever you've been sent a free sample!)
- The Community will never censor your content or determine your eligibility for a Mission based on your feedback unless in violation of the above.
- I will abide by the Properties Terms of Service, which is located at https://www.genexa.com/terms-of-service.
By joining the Community, members acknowledge that they are not guaranteed to receive anything in return, including complimentary products, brand experiences and/or any other promotions or giveaways promoted on this Site, emails or social media sites (the “Programs”). Members who are selected for Programs and all items mentioned above, must meet specific and unique requirements for each Program. The Community may or may not disclose these requirements to members. The Community adheres to a strict policy of sending one product kit per household address per Program, regardless of whether multiple qualified members reside in the same household. These requirements are solely determined by the Community and may change at the Community’s discretion at any time, with or without notice. The Community reserves the right to postpone, change and/or cancel any scheduled or running Program at any time with or without notice.
Right to be removed from Programs. The Community reserves the right, in its sole discretion, to determine eligibility in any Program or other offers on the Site. The Community may, at its discretion, remove a member from a Program or other offer at any time and for any reason.
The Community does not guarantee product shipment or the condition of any products. Due to the nature of shipping products, the Community cannot guarantee the conditions of products shipped. Though the Community makes all attempts to ship products in a timely manner, we cannot guarantee a specific timeframe for delivery or that products will actually be delivered.
Program kits and products not intended for resale. Any product, brand experience, coupon or other items related to a Program are not intended for resale. Any violation (as determined solely by the Community) of this provision by a Member may result in removal from the applicable Program or from the Community in general.
The Community’s forums may enable users to arrange physical meetings (as distinguished from online meetings) or events, other in-person gatherings. The Community does not control or monitor the formation or conduct of these meetings, and the Community has no control over the actions of any individuals at those meetings. You should use caution and good judgment when considering attending any such meetings or events, as you would attending any meeting of persons you do not know. You agree that under no circumstance will the Community, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with your attendance at (or travel to or from) any such meeting.
No Responsibility for Third Party Content
In general, the Submissions in the Forums and elsewhere on the Properties are supplied by third parties, including but not limited to users. In addition, some content, media and materials, including without limitation information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black and white, or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, that is displayed on the Properties is supplied by third parties and/or using a third party website’s media player (such as Twitter’s API), hereafter referred to collectively as “Third Party Content.” Accordingly, Genexa is acting only as a host, bulletin board or conduit (and not a publisher) of such Submissions and Third Party Content and has no more editorial control over such Submissions and Third Party Content than does a public library, bookstore, or newsstand. Genexa and the Affiliated Entities acquire no title or ownership rights in or to any Submission or Third Party Content. Any opinions, advice, statements, services, offers, information or other Submissions or Third Party Content expressed or made available by third parties, including information providers, are solely those of the respective authors or distributors, and not of Genexa. Genexa, the Affiliated Entities, and the third-party providers of information do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any such Submissions or Third Party Content. Furthermore, Genexa and the Affiliated Entities expressly disclaim all responsibility for, and make no endorsement or representations as to, the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement, or other Submission or Third Party Content made through the Forums or displayed elsewhere on the Properties by anyone other than an authorized Genexa representative while acting in his/her official capacity. Genexa and the Affiliated Entities are not responsible for any errors or omissions in any Submission or Third Party Content, or for hyperlinks embedded in any Submission or Third Party Content. Under no circumstance will Genexa, any Affiliated Entity or their respective employees, officers, directors, shareholders, agents, and representatives, be liable for or in connection with any loss or damage caused by your reliance on any Submission or Third Party Content made on or through the Properties. In addition, Genexa and the Affiliated Entities have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of any information, Third Party Content or other Submission voluntarily made public through any Forum or any other part of the Properties.
No Confidentiality or Other Obligations
Genexa does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Properties, any products or services of Genexa or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Properties (whether or not in response to a solicitation made on or through the Properties), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Genexa has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.
Monitoring; Removal of Submissions
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate each Submission before allowing it to be posted on the Properties or any Forum or within a Community; (b) monitor Submissions; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Submission, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Properties; to protect Genexa, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and the Properties’ users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Service; or for any other reason or purpose.
We have done our best to display as accurately as possible the colors of the products shown on the Properties. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Purchases Made Through Our Properties
Genexa product orders from the Properties may be redirected to an independently operated third party website who will provide online order selection and fulfillment services.
Termination of Access
These Terms of Service are in effect until terminated by Genexa. In addition to any right or remedy that may be available to Genexa under applicable law, Genexa may suspend, limit, or terminate all or a portion of your access to the Properties, and/or your rights to use any of the Content, at any time with or without notice and with or without cause, including without limitation, if Genexa believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use the Properties will immediately cease. In addition, Genexa may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Genexa and the Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Properties. Sections 2, 4-6, 9-11, 14, and 16-26 shall survive any expiration or termination of these Terms of Service.
While Genexa makes reasonable efforts to provide accurate Content through the Properties, Genexa cannot guarantee accuracy. All Content, Submissions and Third Party Content are used by users at their own risk. THE PROPERTIES, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PROPERTIES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENEXA AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE PROPERTIES. FURTHER, GENEXA AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. Genexa AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROPERTIES OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE PROPERTIES.
IN NO EVENT WILL GENEXA OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER GENEXA NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PROPERTIES OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE SITE BY Genexa OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PROPERTIES IS TO STOP USING THE PROPERTIES. THE MAXIMUM LIABILITY OF Genexa AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Genexa TO ACCESS AND USE THE PROPERTIES.
You agree to defend, hold harmless and indemnify Genexa, the Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in anyway connected with: (i) any breach by you of these Terms of Service; or (ii) your use of the Content or services available on the Properties in any unauthorized manner.
If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
The failure of Genexa to partially or fully exercise any rights or the waiver of Genexa of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by Genexa or be deemed a waiver by Genexa of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Genexa under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit Genexa’s right to exercise any other right or remedy.
The Properties are controlled, operated and administered by Genexa (or its Affiliated Entities) from its offices within the United States of America and are not intended to subject Genexa to the laws or jurisdiction of any state, country or territory other than that of the United States. Genexa does not represent or warrant that the Properties or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Properties do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Genexa may limit the Properties’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Genexa does not endorse any of the products or services listed at such website.
Contact Us; Questions or Complaints
Should you have any questions regarding these Terms of Service, please submit them through firstname.lastname@example.org
It is our policy to remove, or disable access to, material that infringes any copyright from our Properties after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on our Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Properties; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, Genexa Inc., 165 Ottley Drive NE, Suite 150 B, Atlanta, GA 30324; or, email email@example.com with the subject line “Copyright Agent”.
Governing Law; Forum
The information on the Properties is intended only for use by residents of the United States of America. Other countries may have laws, regulatory requirements, or medical practices that differ from those in the United States of America. The laws of the State of Delaware in the United States of America shall govern these Terms of Service, without regards to its principles of conflicts of law. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF DELAWARE, AND WAIVE ANY OBJECTION TO SUCH COURTS, INCLUDING WITHOUT LIMITATION ON THE BASIS OF JURISDICTION, VENUE OR INCONVENIENCE OF THE FORUM.
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Genexa. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. By using the Properties, you agree to be bound by these Term of Use, and to the extent that any or all terms of these Terms of Service are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Genexa with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms of Service shall supersede such other agreement and prevail. Notices to you may be made via posting to the Properties, by e-mail, or by regular mail, in Genexa’s discretion (in the latter two situations, via the most recent address that we have on file). The Properties may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.