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TERMS AND CONDITIONS FOR DIRECTWEB ADMINISTRATIVE SERVICES LLC d/b/a GENIUS AVENUE WEBSITE
Set forth below are the Terms and Conditions that govern your use of the DirectWeb Administrative Services LLC d/b/a Genius Avenue web site (the “Web Site”). These Terms and Conditions describe your rights and obligations with respect to the Web Site and should be read carefully. By logging onto the Web Site, you confirm that you have read these Terms and Conditions, and you agree to be bound by them. If you do not agree to these Terms and Conditions, you should exit from this Web Site immediately and you do not have permission to use or access this Web Site.
DirectWeb Administrative Services LLC d/b/a Genius Avenue (the “Company”) may amend these Terms and Conditions at any time by posting the amended version on this Web Site. The amended Terms and Conditions will automatically become effective 10 days after they are first posted on the Web Site. Your continued use of the Web Site will evidence your acceptance of the amended Terms and Conditions.
Copyright and Intellectual Property Rights
This Web Site and all of its contents, including but not limited to, text and graphics (collectively, “Content”) are subject to copyright laws and are owned by the Company, its subsidiaries and/or affiliates. You also agree to review and abide by the Company’s policies regarding intellectual property rights, which include both copyright and trademark policies. (Click here to view these policies).
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 WEB SITE 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 WEB SITE, 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 SITE, OR
ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
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 and Conditions and any actions arising from these Terms and Conditions or your use of the Web Site 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 Web Site 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 Web Site or transmitted using the Web Site. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Web Site and govern your use of the Web Site. You also may be subject to additional terms and conditions that may apply when you use third party content or websites available through the Web Site. If any provision of these Terms and 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 and 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 and 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 Web Site or these Terms and 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 and Conditions at any time and from time to time by displaying notices to you on pages of the Web Site. The section titles of these Terms and Conditions are merely for convenience.
Electronic Signatures and System Requirements
By logging onto the Web Site you have signified your agreement to all of the terms and conditions to use the Web Site, and shall have the same binding effect as it would had you signed the same agreement on paper. If you would like a paper copy of this agreement, you may obtain one by submitting a written request to: DirectWeb Administrative Services LLC d/b/a 15300 North 90th Street, Suite 400, Scottsdale, AZ 85260 Attention: Legal Department. For optimum use of the Web Site, you may need to utilize specific web browsers.
INTELLECTUAL PROPERTY RIGHTS
www.home.geniusavenue.comm is owned by DirectWeb Administrative Services LLC d/b/a Genius Avenue and/or its parent company, affiliates or subsidiaries (collectively, “Company”). All rights are exclusively reserved to the Company. You acknowledge that the www.home.geniusavenue.comm web site (the “Web Site”) 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 Web Site is 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 and 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 Web Site, including without limitation, the Content, based on your use.
Your use of this Web Site 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 Web Site 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 Web Site, including without limitation, the Content, based on your use.