TERMS OF SERVICE
Last updated
January 19, 2023
TABLE OF CONTENTS
These Terms of Use constitute a legally binding agreement made between you, whether personally
or on behalf of an entity (“you”) and Genmo Inc.
("Company
," “we," “us," or
“our”), concerning your access to and use of the https://genmo.ai website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
California, United States
and have our registered office at
__________
,
Cupertino
, CA
94609
.
You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use
at any time and for any reason
. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not use this Site. You may not use the
Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is
intended for users who are at least 18 years old. Persons under the age of 18 are not permitted
to use or register for the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international copyright
laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you
represent and warrant that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2
) you will maintain the accuracy of such information and promptly update such registration
information as necessary
;
(3) you have the legal capacity and you
agree to comply with these Terms of Use;
(4
) you are not a minor in the jurisdiction in which you reside
; (
5) you will not access the Site through automated or
non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site (or any portion
thereof).
You may be required to
register with the Site. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You may not access or use the
Site for any purpose other than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Site,
you agree not to:
- Systematically
retrieve data or other content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
- Use
any information obtained from the Site in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Site in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the
Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the
Site.
- Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Site to you.
- Attempt
to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
- Copy
or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
- Except
as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Site,
or using or launching any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
- Use
the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial
enterprise.
- Use
the Site to advertise or offer to sell goods and
services.
- Sell
or otherwise transfer your profile.
6.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including but not
limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
-
You are the creator and owner of or
have the necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
-
You have the written consent, release,
and/or permission of each and every identifiable individual person in your Contributions
to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Site and
these Terms of Use.
-
Your Contributions are not false,
inaccurate, or misleading.
-
Your Contributions are not unsolicited
or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of solicitation.
-
Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
-
Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
-
Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
-
Your Contributions do not violate any
applicable law, regulation, or rule.
-
Your Contributions do not violate the
privacy or publicity rights of any third party.
-
Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health
or well-being of minors.
-
Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference,
or physical handicap.
-
Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any use of the
Site in violation of the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site.
By posting your
Contributions to any part of the Site
or making Contributions accessible to the Site by linking your
account from the Site to any of your social networking accounts
, you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through any media
channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive
all moral rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert
any ownership over your Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to
the Site and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our
sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to
pre-screen or delete any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8.
SOCIAL MEDIA
As part of the functionality of the Site, you may
link your account with online accounts you have with third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site;
or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled
to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any
content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so
that it is available on and through the Site via your account, including without limitation any friend lists
and (2) we may submit to and receive from your Third-Party Account additional information to the extent you
are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts
you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or
our access to such Third Party Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement,
and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of those contacts who have also
registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account
by contacting us using the contact information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with your account.
9.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided
by you to us are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
10.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer
govern. You should review the applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any applications you use or install from
the Site. Any purchases you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
12.
PRIVACY POLICY
We care about data privacy and security.
Please review our Privacy
Policy:
https://alpha.genmo.ai/documents/privacy_policy.html
. By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is
hosted in
the United States
. If you access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from applicable
laws in
the United States
, then through your continued use of the Site, you are transferring your data to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
13.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you own or control, please immediately
notify us at "[email protected]". A copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright, you should consider first contacting an
attorney.
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
15.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove
the contents of the Site at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the right to modify or discontinue
all or part of the Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will
be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of
the State of
California
applicable to agreements made and to be entirely performed within
the State of
California
, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30)
days before initiating arbitration. Such informal negotiations commence upon written notice from
one Party to the other Party.
If the Parties are
unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively resolved through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website:
www.adr.org
. Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules.
The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award may
be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration
will take place in
Santa Clara County
,
California
. Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the
state and federal courts
located in
__________
, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of
Use.
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than
one (1)
years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute
to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties
agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided by
a court of competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
six
(6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in
these Terms of Use; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts
to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
24.
CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating
rules posted by us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not
be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
In order to resolve a complaint regarding the
Site or to receive further information regarding use of the Site, please contact us at:
Genmo Inc.
Cupertino
,
CA
94609
United States