Terms and Conditions2018-10-11T16:55:16+00:00

Website Terms of Use

 

Last updated: 10/16/2018

 

Please read these terms and conditions (“terms“, “terms and conditions“) carefully before using the website at https://www.thegeniedirectory.com, which includes all pages within this website (collectively referred to as the “website“) and the mobile application (the “mobile app“)  operated by The Genie Directory (“the Directory”, “us“, “we“, “our“).

 

Conditions of Use & Acceptance of Terms

 

The Directory provides its website and mobile app to you subject to the following terms, which may be updated from time to time without notice. You are encouraged to check back frequently, as our terms may change. You may not use this website or the mobile app if you object to any of these terms.

 

The failure of the Directory to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms must be filed within one year after such claim or cause of action arose or be forever barred.

 

Privacy Policy

 

Before you continue using our website or the mobile app we advise you to read our privacy policy regarding our collection of users’ registration data. It will help you better understand our practices regarding registration data and other information relevant to your privacy.

 

Description of Service

 

The Directory currently provides users with access to a collection of resources, including a directory of service providers (the “service“). You understand and agree that the service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the service may include certain communications from the Directory, such as service announcements, administrative messages, blog posts, and the Directory newsletter, and that these communications are considered part of the service. Unless explicitly stated otherwise, any new features enhancing the current service, including the release of new Directory features and services, shall be subject to these terms.

 

License and Site Access

 

We grant you a limited license to access and make personal and commercial use of this website and the mobile app.

 

You acknowledge that the Directory may establish general practices and limits concerning use of the website, the mobile app, and the service. You agree that the Directory has no responsibility or liability for the deletion or failure to store any messages and other communications or data or other content maintained or transmitted by the service. You acknowledge that the Directory reserves the right to deactivate accounts that violate our terms or any of the Directory’s various policies. You further acknowledge that the Directory reserves the right to change these terms or any of the Directory’s various policies at any time, in its sole discretion, with or without notice.

 

Certain areas of this website and the mobile app are restricted from access by you and the Directory may further restrict access by you to any areas of this website or the mobile app at any time in its sole and absolute discretion.

 

We reserve the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that the Directory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

 

We reserve all rights to terminate accounts, edit or remove content, and cancel services in our sole discretion.

 

You agree that the Directory, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and may remove and discard any data or content within the service for any reason, including, without limitation, if the Directory believes that you have violated these terms or any of the Directory’s various policies. You agree that any termination of your access to the service under any provision of these terms may occur without prior notice to you, and you acknowledge and agree that the Directory may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that the Directory shall not be liable to you or any third-party for any termination of your access to the service.

 

User Account

 

If you are an owner of an account on this website or the mobile app, you are solely responsible for maintaining the confidentiality of your private user details (username and password) and the contents of your account. You are responsible for all activities that occur under your account or password. You agree to: (a) provide true, accurate, current, and complete information about yourself and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Directory has reasonable grounds to suspect that such information is untrue, the Directory has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).

 

 

 

Billing (Monthly)

 

When you sign up as a Directory service provider, you may select whether you are billed monthly or annually. If you select monthly billing, you expressly agree that we are authorized to bill your account for the monthly fee published on the website at the time we bill you. The charge will be made to the credit card or financial account you provided when you began your subscription or to such other replacement credit card or financial account you have notified the payment processor to use.

 

The monthly fee will be charged on the date that corresponds with the date you began your subscription. Billing for the services to which you have subscribed will continue month-to-month unless and until you cancel your subscription or your account is terminated by us. You must provide us written notice at least 30 days in advance to cancel your subscription to avoid billing of the next month’s charge. You may cancel your subscription at any time by contacting us by email or using the Contact Us Form on the website. Subscription fees are fully earned upon payment, and there are no refunds or credits for partial months.

 

Any and all payment processing services through or in connection with your use of the service (“payment services“) are provided to you by one or more third-party payment entities.

 

Billing (Annually)

 

When you sign up as a Directory service provider, you may select whether you are billed monthly or annually. If you select annual billing, you expressly agree that we are authorized to bill your account for the annual fee published on the website at the time we bill you. The charge will be made to the credit card or financial account you provided when you began your subscription or to such other replacement credit card or financial account you have notified the payment processor to use.

 

The annual fee will be charged on the date that corresponds with the date you began your subscription. Billing for the services to which you have subscribed will continue annually unless and until you cancel your subscription or your account is terminated by us. You must provide us written notice at least 30 days in advance to cancel your subscription to avoid billing of the next year’s charge. You may cancel your subscription at any time by contacting us by email or using the Contact Us Form on the website. Subscription fees are fully earned upon payment, and there are no refunds or credits for partial months.

 

Any and all payment processing services through or in connection with your use of the service (“payment services“) are provided to you by one or more third-party payment entities.

 

Communications

 

All communication with us is electronic. Every time you send us an email or visit our website or the mobile app, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website or the mobile app, you are going to receive regular emails from us and may receive notifications in accordance with the settings you set on your phone and in the mobile app. We will continue to communicate with you by posting news and notices on our website and the mobile app and by sending you emails. You also agree that all notices, notifications, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

 

Comments, Reviews and Emails

 

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, or invasive of privacy of third parties. Content must be free of software viruses, as well as political and commercial solicitation (except for commercial solicitation in areas of the website or the mobile app designed for that purpose as part of the service).

 

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant the Directory non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

 

Intellectual Property Rights

 

Other than content or data you own, which you may have opted to include on or submit to this website or the mobile app under these terms, content published on this website and the mobile app (digital downloads, images, texts, graphics, logos) is the property of the Directory and/or its content creators, licensors and/or licensees, and content is protected by international copyright laws. The Directory and/or its content creators, licensors and/or licensees own all rights to the intellectual property contained in this website and the mobile app, and all such rights are reserved. The entire compilation of the content found on this website and the mobile app is the exclusive property of the Directory, and copyright authorship of this compilation is by the Directory.

 

You are granted a limited license only, which is subject to the restrictions provided in these terms and any other applicable agreements, for the purposes of viewing the material contained on the website or the mobile application and using the service as designed and in accordance with these terms.

 

You acknowledge and agree that the website and the mobile app contain proprietary and confidential information, as well as trademarks and copyrighted work that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the website, the mobile app, or the service or presented by other users or our advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Directory, other users or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service, the website and the website contents, or the mobile app and the mobile app contents, in whole or in part.

 

Trademarks: The Directory’s trademarks and service marks, and other Directory logos and product and service names (“Directory marks“) are trademarks of the Directory. Without the Directory’s prior, written permission, you agree not to display or use in any manner, the Directory marks, as well as the trademards and service marks of the Directory’s content creators, licensors and/or licensees.

 

Intellectual Property Infringement: The Directory respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide the Directory the following information:

 

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
  2. a description of the infringed intellectual property;
  3. a description of where the infringing material is located on the site;
  4. your address, email address, and telephone number;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

 

Notice of claims of intellectual property infringement should be sent via Certified Mail to:

The Genie Directory

c/o Law Office of Sarah Pheral, LLC
PO Box 229

Hygiene, CO 80533

 

Your Content

 

In these terms, “your content” shall mean any data, audio, video, text, images or other material you choose to display on/submit to this website or the mobile app. With respect to your content, by displaying it, you grant the Directory a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

 

Your content must be your own and must not infringe on any third party’s rights. The Directory reserves the right to remove any of your content from this website or the mobile app at any time and for any reason, without notice.

 

Restrictions

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service unless you have obtained written permission to do so in advance from the Directory.

 

You are expressly prohibited from taking any of the following actions unless you have obtained written permission to do so in advance from the Directory:

  1. downloading the website or the mobile app or any website or mobile app material not expressly designed for that purpose as part of the service;
  2. modifying the website, the mobile app or any website or mobile app material except where expressly designed for that purpose as part of the service;
  3. publishing any website or mobile app material not owned by you in any media;
  4. selling, sublicensing and/or otherwise commercializing any website or mobile app material not owned by you;
  5. publicly performing and/or showing any website or mobile app material;
  6. using this website or the mobile app in any way that is, or may be, damaging to this website or the mobile app;
  7. using this website or the mobile app in any way that impacts user access to this website or the mobile app; and
  8. using this website or the mobile app to engage in any advertising or marketing beyond or outside the scope of the service to which you are subscribed.

 

In addition, you are expressly prohibited from taking all of the following actions:

  1. using this website or the mobile app in any way that violates applicable laws and regulations;
  2. using this website or the mobile app in a way that causes, or may cause, harm to the website, the mobile app, or to any person or business entity; and
  3. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website or the mobile app, or while using this website or the mobile app beyond or outside the scope of the service to which you are subscribed.

 

No Warranties

 

You expressly understand and agree that:

 

  1. This website and the mobile app are provided “as is”, with all faults, and the Directory makes no express or implied representations or warranties, of any kind related to this website, the mobile app, or the materials contained on this website and the mobile app. Additionally, nothing contained on this website or the mobile app shall be construed as providing advice to you.
  1. Your use of the website, the mobile app, and the service is at your sole risk. The Directory 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.
  2. The Directory makes no warranty that (i) the website, the mobile app, and the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the website, the mobile app, and the service will meet your expectations.
  3. No information, whether oral or written, obtained by you from the Directory or through the website, the mobile app, or the service shall create any warranty not expressly stated in the terms.

 

Advertisers & Service Providers

 

Your dealings with advertisers and service providers found on or through the website, the mobile app, and the service are solely between you and such advertiser or service provider. You agree that the Directory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and service providers on the service.

 

If you have a complaint about a service provider, feel free to share your experience with us. However, complaints about advertisers and service providers must be submitted directly to them for resolution by the advertiser or service provider involved.

 

Links to Other Web Sites, Services and Resources

 

Our website and the mobile app contain links to third-party websites or services that are not owned or controlled by the Directory.

 

The Directory has no control over, is not responsible for the availability of such external sites or resources, does not endorse, and assumes no responsibility for the content, privacy policies, advertising, products, services or practices of any third-party websites or services. You acknowledge and agree that the Directory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

Limitation of Liability

 

You expressly understand and agree that the Directory and its officers, directors, agents, representatives, or employees shall not be liable to you for any damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the website, the mobile app, or the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through or from the website, the mobile app, or the service; (iii) statements or conduct of any third-party on the website, the mobile app, or the service; or (iv) any other matter related to your use of this website, the mobile app, or the service.

 

Indemnification

 

You agree to indemnify and hold harmless the Directory and its officers, directors, subsidiaries, affiliates, agents, representatives, co-branders, other partners, and employees to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) made by any third party due to or arising out of use of the website or the mobile app; information you submit or make available through the service; your use of the service; your connection to or affiliation with the service; your violation of the terms; or your violation of any rights of another.

 

Exclusions and Limitations

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability or consequential damages.  Accordingly, some of the above limitations may not apply to you.

 

Severability

 

If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision of the terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provision(s) shall be deleted without affecting the remaining provisions.

 

Revision of Terms

 

The Directory is permitted to revise these terms at any time as it sees fit, and by using this website or the mobile app you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing use of this website and the mobile app.

 

Notice

 

Notices to you may be made via either email or regular mail. The website, the mobile app, and the service may also provide notices of changes to the terms or other matters by displaying notices or links to you on the website or the mobile app.

 

Assignment

 

The Directory shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these terms without the prior, written consent of the Directory.

 

Entire Agreement

 

These terms, including any legal notices and disclaimers contained on this website or the mobile app, constitute the entire agreement between you and the Directory in relation to your use of this website and the mobile app and supersede all prior agreements and understandings with respect to the same.

 

Governing Law & Jurisdiction

 

These terms will be governed by and construed in accordance with the laws of the State of Colorado without regard to principles of conflict of laws.

 

Disputes

 

Any dispute related in any way to your use of the website, the mobile app, or the service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to principles of conflict of laws, and you submit to the jurisdiction of the courts located within Boulder County, Colorado for the resolution of any disputes between you and the Directory.

 

Contact Us

 

If you have any questions about these terms, please contact us.

 

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