Terms & Conditions
Set forth below are the Terms & Conditions that govern your use of the Genius Avenue web site (the "Website") provided to you by DirectWeb Administrative Services LLC d/b/a Genius Avenue and/or its affiliates ("Company"). These Terms & Conditions describe your rights and obligations with respect to the Website and should be read carefully. By logging onto the Website, you confirm that you have read these Terms & Conditions, and you agree to be bound by them. If you do not agree to these Terms & Conditions, you should exit from this Website immediately and you do not have permission to use or access this Website.
Changes to the Terms & Conditions
We will notify you of material changes to these Terms & Conditions by posting a notice on the Website. IF YOU CONTINUE TO USE THE SITE AFTER WE PROVIDE NOTIFICATION OF CHANGES YOU HAVE AGREED TO THE CHANGES.
Information displayed on this Website is subject to modification without notice. Company reserves the right to modify such information without any obligation to notify past, current or prospective website users. Some services may not be available in certain areas.
Company makes no representations that the materials on this Website are appropriate or available for use in any particular state or other countries besides the United States. Those who do access this website are solely responsible for compliance with the laws of the state or country in which they reside.
All offers set forth on this Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Use of this Site
You may download and/or print one (1) copy of this Website’s content solely for your internal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this Website without the prior written consent of Company.
Copyright and Intellectual Property Rights
This Website and all of its contents are owned by Company. All rights are exclusively reserved to the Company. You acknowledge that the Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which are provided by the Company or by licensors of the Company. You agree and acknowledge that, notwithstanding that the Company permits you to access the Content, the Content and its use or the use of this Website may be protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms & Conditions, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. In addition to the Company's and its licensors' rights in individual elements of the Content, the Company owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You agree not to assert any claim of ownership over this Website, including without limitation, the Content, based on your use.
Your use of this Website constitutes a license, not a transfer in title. You expressly acknowledge and agree that no right is granted to you to copy (other than by printing or downloading portions for your personal use only, but not for other persons' use or for commercial exploitation), modify, alter, revise, paraphrase, omit, change, display, perform store, timeshare, rent, lease, sublicense, publish, distribute, transmit, transfer, assign, sell, create derivative works from, or commercially exploit in any manner whatsoever any of the Content. You may not post, upload, display or otherwise transmit any materials to another website, including but not limited to, any personal or commercial websites or home pages. You may download one copy of the materials found on this Website on a single computer for your personal, non-commercial, internal use only unless specifically licensed to do otherwise in writing by the Company. You agree not to assert any claim of ownership over this Website, including without limitation, the Content, based on your use.
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us.
Disclaimer of Warranties
THE USE OF THE WEB SITE, THE CONTENT OR INFORMATION CONTAINED ON THE WEB SITE IS PROVIDED SOLELY AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEB SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USING THE WEB SITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
- THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED BY A COMPUTER VIRUS, SOFTWARE BUG, HUMAN ACTION OR INACTION, MALFUNCTIONS OF ANY HARDWARE, SOFTWARE OR OTHER ELEMENT OF A COMPUTER SYSTEM, ERRORS, FAILURE, MALFUNCTION OR DELAY IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
- THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED OR FAILED TO BE AFFECTED,
- ANY LINK PROVIDED IN CONNECTION WITH THE WEBSITE, OR
- ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE.
Jurisdictional and Other Matters
You are responsible for compliance with all local laws, if and to the extent your local laws are applicable. In addition, you and the Company and any of its parents, subsidiaries, affiliates, employees, contractors, agents, officers, or directors (collectively, the "Company Parties") agree that these Terms & Conditions and any actions arising from these Terms & Conditions or your use of the Website will be governed by the laws of the State of Texas, without respect to its conflict of laws provisions, and applicable federal laws and regulations, and that venue with respect to any dispute between you and the Company or Company Parties will rest exclusively in the state and federal courts located in the State of Texas.
You understand and agree that the Company may from time to time establish and revise practices and limitations concerning its Website and your use of it. You agree that the Company shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Website or transmitted using the Website. These Terms & Conditions constitute the entire agreement between you and the Company with respect to the Website and govern your use of the Website. You also may be subject to additional terms and conditions that may apply when you use third party content or websites available through the Website. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions 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 the Website or these Terms & Conditions must be filed within one year after such claim or cause of action arose. The Company may provide notice to you by e-mail or regular mail. The Company may also provide notice of changes to these Terms & Conditions at any time and from time to time by displaying notices to you on pages of the Website. The section titles of these Terms & Conditions are merely for convenience.
You acknowledge that these Terms & Conditions are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms & Conditions and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
If you have any other questions or concerns regarding these Terms & Conditions, please contact us at:
7310 N. 16th Street, Suite 228
Phoenix, AZ 85020