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1. Registration
You can easily begin using our Site by filling out our registration form. In registering with us, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes; if you don't, we have the right to close your account and any web pages created under your account.
As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. You are responsible for all actions taken under your password. If you find out that your password or account is being used by someone without your consent, or you discover any other breach of security, you agree to notify us immediately at security@siteGENIUS.com.
2. Charges and Billing
siteGENIUS reserves the right to charge fees for the Service or any portion thereof. Any applicable fees will be posted on the siteGENIUS website. If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize siteGENIUS to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. You hereby acknowledge that in most cases, siteGENIUS will be charging your designated credit card in accordance with the payment schedule of the Service for which you have registered, but some charges may accumulate on your credit card account before they are charged to your credit card account. You further acknowledge that it is your responsibility to notify siteGENIUS of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
siteGENIUS reserves the right to change any fees (which includes, but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which siteGENIUS does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after siteGENIUS posts such modification on the siteGENIUS website. siteGENIUS also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the Service. As set forth in Section 9 of this Agreement, you may cancel your Site at any time, but siteGENIUS will not refund any remaining portion of your pre-paid fees when you cancel your Site.
You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to siteGENIUS when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that siteGENIUS may incur in its efforts to collect any remaining balances due from you. This Section 2 shall in no way limit any other remedies available to siteGENIUS. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify siteGENIUS of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify siteGENIUS within sixty (60) days, you waive any right to dispute such problems or discrepancies.
3. siteGENIUS Footer
You understand that the phrase "Powered by siteGENIUS" will be placed in the footer to each and every web page generated and transmitted by siteGENIUS's System. The Logo may be easily removed from your website. Click Tools > Select Editing Format > and check "Turn Off Powered by siteGENIUS Logo" to do this.
4. Reference to Your Site
You agree to allow siteGENIUS to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your Site in any siteGENIUS communication.
5. siteGENIUS Directory
You agree to allow siteGENIUS to list your site in any siteGENIUS directory without your permission unless otherwise agreed upon. It is your responsibility to contact siteGENIUS at support@siteGENIUS.com to have your site unlisted.
6. Privacy
At siteGENIUS, we respect the privacy of our members. You agree that siteGENIUS may disclose information we have collected from you and/or content you have made available on our site when siteGENIUS believes in good faith that the law requires it, or to protect the rights or property of siteGENIUS or its visitors, or as otherwise stated in the Privacy Policy. For more details, please see our Privacy Policy. Our Privacy Policy is deemed to be part of these Terms.
While we do our utmost to safeguard your information, please remember that privacy over the Internet cannot be guaranteed, and keep this in mind when deciding what information to transmit or broadcast through your siteGENIUS website.
7. Member Conduct
In general, we do not screen or edit information transmitted or shared by members on our site, but we reserve the right (but have no duty) to monitor, to remove any objectionable information, and to remove any web pages from our system at any time, without notice, at our sole discretion.
To help ensure that everyone's experience at siteGENIUS is a positive one, we have certain rules for conduct, which you must agree to in using our Site.
You agree to:
Follow all of your local, provincial/state, national and international laws and regulations.
Be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material ("Content") that occur under your account or password, including any Content transmitted or broadcast through your account.
Comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
You also agree that you will not:
Upload, post or transmit through your siteGENIUS Site any unlawful, harassing (including "stalking"), pornographic, abusive, threatening, harmful, obscene, libelous, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, excessively violent or racially, ethnically or otherwise objectionable content. Pornographic material includes genitalia and/or female breasts being displayed as well as sexual acts. Exceptions can be made with our prior consent. For example, we may consent to a site that teaches how to breastfeed. If you feel that your site may be an exception, please send us an e-mail stating your case to compliance@siteGENIUS.com. copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that is unlawful, harassing, abusive, threatening, harmful, obscene, libelous, tortuous, or otherwise objectionable on your siteGENIUS Site.
Transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
Copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
Interfere with or disrupt siteGENIUS's Site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
Transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
Attempt to gain unauthorized access to siteGENIUS's Site or services, others' accounts, private websites, or computer systems or networks connected to siteGENIUS's Site, through password mining or otherwise.
Engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
Frame the Site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the Site.
Collect information about others without their consent.
Provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
Transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
copy audio content without the permission of all parties to the conversation.
Sell access to or use of any services available on siteGENIUS's Site.
Interfere with anyone's use or enjoyment of siteGENIUS's Site.
Harm minors in any way.
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating "Crush" sites.
Use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond our Site.
8. Third Party Content
For your convenience, the Service, which includes the siteGENIUS website, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their websites ("Third Party Content"). Such Third Party Content is not under the control of siteGENIUS and siteGENIUS is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. siteGENIUS is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. siteGENIUS is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by siteGENIUS of such content or the affiliate or advertiser. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. siteGENIUS does reserve the right to remove content that, in siteGENIUS's judgment, does not meet its standards, but siteGENIUS is not responsible for any failure or delay in removing such material.
siteGENIUS is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release siteGENIUS (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. End Users to Your Site
Your relationship with your end users, "End Users" in this Agreement referring to any user who visits your Site and uses the siteGENIUS Service, is independent from siteGENIUS. siteGENIUS will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
10. Cancellation/Termination
Either you or siteGENIUS may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with siteGENIUS. You also agree that siteGENIUS may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at siteGENIUS's sole discretion, without prior notice to you. In most instances, however, siteGENIUS will review a website and if it is found to be in violation of any of our rules, you will be given a warning. If the website continues to violate our rules, the site will be deleted.
11. Storage of Content
The storage space per website is limited, so it is possible that some messages or other content you transmit may not be processed due to space constraints, or will not be stored for a long time. You agree that siteGENIUS is not responsible or liable for deleting or failing to store any content.
12. Maintenance and Updates
siteGENIUS reserves the right to interrupt service no more than five (5) percent of the year for maintenance and updates to our site. This service interruption does not include power outages, service loss or any other reasons as listed in Section 21 Force Majeure.
13. Indemnification
You agree to indemnify and hold siteGENIUS and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your Site and/or to siteGENIUS and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (iv) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with siteGENIUS or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of siteGENIUS and/or its suppliers, affiliates, partners, subsidiaries and employees.
14. Indemnification by Customer
You will defend, indemnify and hold siteGENIUS harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against siteGENIUS that arises directly or indirectly from you or your end-users, or the content of such end-user's website, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that siteGENIUS promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by siteGENIUS's failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
15. Changes to Terms of Use
siteGENIUS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the Site and the services following the posting of any changes confirms your agreement with such changes. You agree that siteGENIUS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
16. Proprietary Rights to Content
You agree that Content presented through our Site by siteGENIUS, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by siteGENIUS or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through siteGENIUS's Site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any tradenames or trademarks displayed on any other website you operate such as in the meta-data of such website. Except as expressly authorized by siteGENIUS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the Site unless you have the permission of all parties to the conversation to do so.
17. Your Grant of Limited License
By posting or submitting content to the Site, you (a) grant to siteGENIUS and its affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose; (b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by siteGENIUS will not infringe or violate the rights of any third party; and (c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.
18. User Forums
The Site may provide users with the opportunity to post and share messages. You should use caution as any disclosed personal information becomes public information. We may, but we are not obliged to, monitor or review any content including messages posted to the Site. siteGENIUS is not responsible for any content, opinions, or views expressed by its members or visitors on its websites.
19. External Links
siteGENIUS's Site may contain links to other sites. You agree that siteGENIUS does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites. Because siteGENIUS has no control over such sites and resources, you acknowledge and agree that siteGENIUS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that siteGENIUS 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 site or resource.
20. Severability
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
21. Headings
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
22. Force Majeure
siteGENIUS shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, accidents, transmission difficulties, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.
23. Security
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify siteGENIUS immediately if you believe that the security of your account has been compromised. siteGENIUS DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND siteGENIUS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
24. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. siteGENIUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
siteGENIUS MAKES NO WARRANTY THAT (i) 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, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM siteGENIUS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
25. Limitation of Liability
IN NO EVENT SHALL siteGENIUS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF siteGENIUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL siteGENIUS'S AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO siteGENIUS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither siteGENIUS nor its suppliers are responsible for any of your data residing on the Service or siteGENIUS's suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Service or siteGENIUS's suppliers' hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
26. Governing Law
These Terms are governed by the laws of Pennsylvania and the laws of the United States applicable therein. No action or proceeding may be commenced or maintained in relation to the Site, the Services or these Terms except in a court of appropriate jurisdiction in the United States and you hereby irrevocably agree to atone to the jurisdiction of such courts.
27. Dispute Resolution
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Vancouver, British Columbia under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against siteGENIUS must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, siteGENIUS may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 16 (Proprietary Rights to Content) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the Province of British Columbia, Canada. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Vancouver, Canada and further agree that any such action or proceeding shall be brought in a court in Vancouver, British Columbia.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
28. Confidential Information
"Confidential Information" is any data or information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentiality of any third party's information, such third party's) past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, inventions, processes, plans, source code, object code, binary code, algorithms, ideas, know-how, financial information, customer data, revenue, transaction volume, forecasts, projections, and the financial terms of this Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the Effective Date of this Agreement as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; (v) it has been independently developed by a party without access to the Confidential Information of the other party; or (vi) it is required to be disclosed pursuant to final binding order of a governmental agency or court of competent jurisdiction, provided that the owner of the Confidential Information has been given reasonable notice of the pendency of such an order and the opportunity to contest it.
29. Relationship to Customer
siteGENIUS and you shall perform all of duties under this Agreement as independent contractors. Nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.
30. Copyright Policy
It is the policy of TechSense Solutions, Inc. ("siteGENIUS", "us" or "we") to respect the intellectual property rights of others; we ask that our members do the same. siteGENIUS may terminate the accounts of those who appear to infringe the intellectual property rights of others, and/or siteGENIUS may remove content that has prompted a complaint.
If you believe that your copyright in any material has been infringed by siteGENIUS or a member of the siteGENIUS community, please provide us with the following:
a. A description of the copyrighted work that you claim has been infringed;
b. A description of the material that you claim is infringing, identified with sufficient detail to enable us to locate it on the site;
c. Your name, address, telephone number, and e-mail address;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on the copyright owner's behalf; and
f. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
Please direct all notices of claims of copyright infringement relating to the siteGENIUS site to copyright@siteGENIUS.com. If you were unable to scan your signature, we will give you our fax number.
