Terms of Service

This Terms of Service Agreement (TOS) constitutes a legally binding agreement made between you, whether personally or on behalf of any entity, and Genius Plaza, Inc. (“Genius Plaza”) concerning your access to and use of Genius Plaza’s services. The provisions of the TOS are set forth below.

1. Acceptance of Terms

Genius Plaza provides its services to you, subject to the following Terms of Service ('TOS'), which may be updated and/or revised by Genius Plaza from time to time, as it sees fit, without notice to you. When using particular Genius Plaza services, you and Genius Plaza shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. You are expected to review such guidelines or rules on a regular basis to ensure that you understand all terms and conditions governing the use of Genius Plaza’s services. You further agree that by using Genius Plaza’s services or website, you have read, understood, and agree to be bound by the TOS and all such guidelines or rules incorporated by reference into the TOS. If you do not agree with all of these terms, guidelines, and rules, you are expressly prohibited from using Genius Plaza’s website and services, and you must discontinue use immediately.


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR THE SERVICES. BY ACCESSING THE SITE, CREATING AN ACCOUNT, AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. GENIUS PLAZA ACCEPTANCE OF YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE TO ALL OF THESE TERMS OF SERVICE.

2. Description of Service

Genius Plaza currently provides users with a service to help learn and practice mathematics and language arts with an enhanced parent engagement and educator collaboration tool (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including, but not limited to the release of new Genius Plaza proprietary property and products, collaboration tools, content, or other features shall be subject to the TOS. You understand and agree that the Service is provided 'as-is' and that Genius Plaza assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

3. Your Registration Obligations

In consideration of your use of the Service, you agree to: (a) Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the 'Registration Data') 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 Genius Plaza has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Genius Plaza 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). A minor (an individual generally under the age of eighteen in most jurisdictions) is not permitted to register for the Service.

4. Membership and Billing

You can find the specific details regarding your membership with Genius Plaza at any time. Simply sign in to your Genius Plaza parent account, go to the My Desk tab, and click “manage your profile”.


a) Billing

(i) By starting your Genius Plaza membership, you are expressly agreeing that Genius Plaza is are authorized to charge you the membership fee associated with the type of membership (monthly or yearly) you chose during registration. You agree that Genius Plaza is authorized to charge you the membership fee at the then-current rate to the payment method you provided during registration (or to a different payment method if you change your account information). Please note that prices and charges are subject to change with notice. As used in this TOS, 'billing' shall indicate either a charge or debit, as applicable, against your payment method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter, unless and until you cancel your membership. Sign in to your Genius Plaza parent account, go to the desk tab, and click “manage your profile” to see the commencement date for your next renewal period. Genius Plaza automatically bills your payment method each month or year on the calendar day corresponding to the commencement of your paying membership. Member- ship charges are fully earned upon payment.
(ii) In the event your monthly membership began on a day not contained in a given month, Genius Plaza will bill your payment method on the last day of such given month. For example, if you became a paying member on October 31st, your payment method would next be billed on November 30th.
(iii) You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize Genius Plaza to charge your payment method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. Genius Plaza may change the fees and charges in effect, or add new fees and charges from time to time, but it will give you advance notice of these changes by e-mail. If you want to use a different payment method or if there is a change in payment method, such as your credit card validity or expiration date, you may edit your payment method information from your Account management page. To access your Account management page, sign in to your Genius Plaza parent account, go to the desk tab, and click “manage your profile”. If your payment method reaches its expiration date and you do not edit your payment method information or cancel your account in accordance with Section 4(d) below, you authorize Genius Plaza to continue billing that payment method and you remain responsible for any uncollected amounts.


(iv) In the event that you fail to make a timely payment (or your payment method is dishonored or rejected during processing), you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Genius Plaza in collecting such amounts. Genius Plaza reserves the right to suspend access to the Service in the event you fail to make a timely payment hereunder.


(v) Genius Plaza reserves the right to correct any errors or mistakes in pricing, even if it has already requested or received payment.


b) Ongoing Membership

Your Genius Plaza membership will continue in effect unless and until you cancel your membership or Genius Plaza terminates it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your payment method. Genius Plaza will bill the membership fee at the then-current rate, plus any applicable tax, to the payment method you provide to us during registration (or to a different payment method if you change your account information). Membership fees are fully earned upon payment.


c) Holds

(i) You may place a monthly membership on hold at any time, and the hold will take effect at the start of your next billing cycle. When the hold period has ended, your membership will resume and Genius Plaza will automatically bill the membership fee at the then-current rate plus any applicable tax to the payment method you provide to Genius Plaza during registration (or to a different payment method if you change your account information).
(ii) You may cancel a hold status at any time by clicking the words 'Remove hold' on your Account management page. When you cancel a hold period, your membership will resume immediately and Genius Plaza will automatically bill the membership fee at the then-current rate, plus any applicable tax, to the payment method you provide to Genius Plaza during registration (or to a different payment method if you change your account information).


d) Cancellation

You may cancel your Genius Plaza membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your parent account and click the words 'Cancel Membership' on your Profile management page. Follow the instructions for cancellation under the heading 'Cancel Membership.'

5. Plaza PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy which is found on our website. Please carefully read and review our Privacy Policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated by reference into this TOS.

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY

a. You will have a password and account designation upon completing the Service's registration process. Your password and account are confidential. Consequently, you are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (i) Immediately notify Genius Plaza of any unauthorized use of your password or account or any other breach of security, and (ii) Ensure that you exit from your account at the end of each session. Genius Plaza cannot and will not be held liable for any loss or damage arising from your failure to comply with this Section

b. Genius Plaza accounts may not be shared by more than one person unless express authorization is given by Genius Plaza.

7. MEMBER RESTRICTIONS AND PROHIBITIONS

a. You may not access or use the Service for any purpose other than that for which Genius Plaza makes it available. The Service is for your personal use only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Genius Plaza.


You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


b. As a registered member of Genius Plaza, you agree not to: (i) Use the Service in any way that is, or may be, damaging to the Service and/or Genius Plaza or which, in any way, impacts member access to the Service. (ii) Use the Service in a way which is contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to any person or business entity. (iii) Use the Service to engage in any advertising or marketing. (iv) Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Service or while using the Service. (v) Access the Service through automated or non-human means, whether through a robot, script, or otherwise similar methods. (vi) Systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Genius Plaza. (vii) Make any unauthorized use of the Service, including collecting usernames, passwords, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, or creating member accounts by automated means or under false pretenses. (viii) Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein. (ix) Engage in unauthorized framing of or linking to the Service. (x) Trick, defraud, or mislead Genius Plaza and its members, especially in any attempt to learn sensitive account information such as user passwords. (xi) Make improper use of any support services, if available, or submit false reports of abuse or misconduct. (xii) Interfere with, disrupt or create an undue burden on the Service or any networks or websites connected to the Service. (xiii) Attempt to impersonate another Genius Plaza member or person, or use the username or password of another member. (xiv) Sell or otherwise transfer your Genius Plaza membership. (xv) Use any information obtained from the Service in order to harass, abuse, or harm another person. (xvi) Use the Service as part of any effort to compete with Genius Plaza or to provide services as a service bureau. (xvii) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service. (xviii) Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service or any portion of the Service. (xix) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you. (xx) Delete the copyright or other proprietary rights notice from any content. (xxi) Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. (xxii) 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 member’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service. (xxiii) 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”). (xxiv) 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 Service, or using or launching any unauthorized script or other software. (xxv) Disparage, tarnish, or otherwise harm, in Genius Plaza’s opinion, Genius Plaza and/or the Service.


8. CONTENT PROVIDED BY MEMBERS

a. You understand that all information including, but not limited to, data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks, and other materials ('content'), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Genius Plaza, are entirely responsible for all content that you upload, post, e-mail, transmit, or otherwise make available via the Service ('Member Content'). Any such Member Content will be treated as non-confidential and non-proprietary. Genius Plaza does not control the ownership of Member Content posted via the Service and, as such, does not guarantee the copyright of such Member Content. Under no circumstances will Genius Plaza be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content, or other content, posted, e-mailed, transmitted, or otherwise made available via the Service.


b. You represent and warrant that any Member Content that you upload, post, e-mail, transmit, or otherwise make available via the Service complies with the following provisions: (i) Such Member Content does not and will not infringe the propriety rights, including, but not limited to, the copy right, patent, trademark, trade secret, or moral rights of any third party. (ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use such Member Content and to authorize Genius Plaza and the Service members to use such Member Content. (iii) You have the written consent, release, and/or permission of each and every identifiable individual in such Member Content to use the name and/or likeness of such individual in such Member Content. (iv) Your Member Content is not obscene, lewd, lascivious, violent, harassing, or otherwise objectionable (as determined by Genius Plaza), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate violent overthrow of any government, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party. (v) Your Member Content does not contain any material that solicits personal information from someone under the age of eighteen, exploits people under the age of eighteen in a sexual or violent manner, violates any laws concerning child pornography, or violates any other laws intended to protect the health and well-being of minors. (vi) Your Member Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or mental/physical handicap. (vii) Your Member Content does not otherwise violate, or link to material that violates, any provision of this TOS or any applicable laws or regulations.


c. You understand that the technical processing and transmission of the Service, including your Member Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.


d. Genius Plaza has the right, in its sole and absolute discretion, to: (i) Edit, redact, or otherwise change any Member Content. (ii) Re-categorize any Member Content to place such Member Content in more appropriate locations. (iii) Prescreen or delete any Member Content that is deemed inappropriate or otherwise in violation of this TOS. (iv) Delete any Member Content or other information that you have uploaded at any time, without warning.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

The information provided through the Service 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 Genius Plaza to any registration requirement within such jurisdiction or country. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. SITE MANAGEMENT

Genius Plaza reserves the right, but does not have the obligation to: a. Monitor the Service and its website for violations of the TOS. b. Take appropriate legal action against anyone who, in Genius Plaza’s sole discretion, violates the law or the TOS, including without limitation, reporting such user to law enforcement authorities. c. In Genius Plaza’s sole discretion, and without limitation, notice, or liability, remove from the website or Service or otherwise disable all files and Member Content that are excessive in size or are in any way burdensome to Genius Plaza’s systems. d. Otherwise manage the Service in a manner designed to protect Genius Plaza’s rights and property, and to facilitate the proper functioning of the website and the Service.

11. INDEMNITY

a. You agree to defend, indemnify, and hold Genius Plaza, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any and all claims, liabilities, costs, losses, causes of action, damages, expenses, or demands, including reasonable attorneys' fees, made by any third party due to or arising out of Member Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, or your violation of the TOS, including your violation of the rights of another resulting from any of such actions. b. Notwithstanding Section 11(a) above, Genius Plaza reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify it, and you agree to cooperate, at your expense, with Genius Plaza’s defense of such claims. Genius Plaza 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.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes or otherwise, any portion of the Service, use of the Service, or access to the Service.

13. MODIFICATIONS TO SERVICE AND INTERRUPTIONS

a. Genius Plaza reserves the right, at any time and from time to time, to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Genius Plaza shall not be liable to you or to any third party for any modification, suspension, or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription. b. Genius Plaza cannot guarantee that the Service will be available at all times. Genius Plaza may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that Genius Plaza has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during such times. Nothing in this TOS will be construed to obligate Genius Plaza to maintain and support the Service, or to supply any corrections, updates, or releases in connection therewith.

14. CORRECTIONS

a. You agree that Genius Plaza, in its sole discretion and without notice or liability, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Genius Plaza believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Genius Plaza may also, in its sole discretion and at any time, without liability, discontinue providing the Service, or any part thereof, without notice, for no reason at all. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Genius Plaza 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 Genius Plaza shall not be liable to you or any third-party for any termination of your access to the Service.
b. If Genius Plaza terminates or suspends 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, Genius Plaza reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

15. TERMINATION

a. You agree that Genius Plaza, in its sole discretion and without notice or liability, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Genius Plaza believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Genius Plaza may also, in its sole discretion and at any time, without liability, discontinue providing the Service, or any part thereof, without notice, for no reason at all. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Genius Plaza 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 Genius Plaza shall not be liable to you or any third-party for any termination of your access to the Service.
b. If Genius Plaza terminates or suspends 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, Genius Plaza reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

16. LINKS

The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Genius Plaza has no control over such sites and resources, you acknowledge and agree that Genius Plaza 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 Genius Plaza 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 the use of or reliance on any such content, goods, or services available on or through any such site or resource.

17. GENIUS PLAZA’S PROPRIETARY RIGHTS

a. You acknowledge and agree that the Service and any necessary software used in connection with the Service ('Software') are Genius Plaza’s proprietary property and thus contain Genius Plaza’s proprietary and confidential information that is protected by applicable intellectual property laws, copyright and trademark laws, unfair competition laws, and any other laws protecting proprietaryand confidential information. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Consequently, you will not publish, copy, reproduce, aggregate, distribute, transmit, broadcast, display, encode, or translate any information pertaining to the Service or the Software in any media, or attempt to sell, sublicense, license, exploit, and/or otherwise commercialize or delineate such information. Except as expressly authorized by Genius Plaza, 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. b. Genius Plaza grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, license, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Genius Plaza for use in accessing the Service. c. Furthermore, you understand that the content of the Service is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this TOS, it is expressly forbidden to distribute this content or any portion thereof by any means, including but not limited to electronic and print, to any person or entity that does not have a valid Genius Plaza account. Genius Plaza reserves the right to cancel your membership without refund if it is determined that you have violated any portion of the TOS.

18. REVIEWS

Genius Plaza may accept, reject, or remove reviews in its sole discretion. Genius Plaza has absolutely no obligation to screen reviews or delete reviews, even if it considers a review objectionable or inaccurate. You acknowledge and agree that by submitting a review to Genius Plaza, you grant to it a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, and/or distribute the review, in whole or in part. Genius Plaza does not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

19. SUBMISSIONS

a. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (the “Submissions”) provided by you to Genius Plaza are non- confidential and shall become its sole property. Genius Plaza 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 that there shall be no recourse against Genius Plaza for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions. b. Further, Genius Plaza does not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act, if Genius Plaza receives actual knowledge that anyone under the age of thirteen has provided personal information to it without the requisite and verifiable parental consent, Genius Plaza will delete that information from the Service as quickly as is reasonably practical.

20. USER DATA

Genius Plaza may maintain certain data that you transmit to the Service for the purpose of the performance of the Service, as well as data relating to your use of the Service. Although Genius Plaza performs regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Service. You agree that Genius Plaza shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Genius Plaza arising from any such loss or corruption of such data.


21. CLAIMS OF COPYRIGHT INFRINGEMENT

Genius Plaza respects the intellectual property rights of others and responds to notices of alleged copyright infringement that comply with applicable law. Genius Plaza will remove any infringing materials from the Service and, in appropriate circumstances, Genius Plaza will disable or terminate member accounts of repeat infringers.


22. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. GENIUS PLAZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. GENIUS PLAZA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, 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.
c. GENIUS PLAZA FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (ii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, OR SERVICE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
d. 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.
e. GENIUS PLAZA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND GENIUS PLAZA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENIUS PLAZA OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


23. LIMITATION OF LIABILITY

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENIUS PLAZA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GENIUS PLAZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY AND ALL OTHER MATTER RELATING TO THE SERVICE.
b. TO THE EXTENT PERMITTED BY LAW, GENIUS PLAZA’S 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 GENIUS PLAZA FOR THE SERVICE DURING THE SIX MONTH PERIOD PRIOR TO ANY ALLEGED CAUSE OF ACTION ARISING AGAINST GENIUS PLAZA.


24. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 22 AND SECTION 23 MAY NOT NECESSARILY APPLY TO YOU.


25. TRADEMARK INFORMATION

Genius Plaza” is a registered trademark of Genius Plaza, Inc.


26. ENTIRE AGREEMENT

Genius Plaza may maintain certain data that you transmit to the Service for the purpose of the performance of the Service, as well as data relating to your use of the Service. Although Genius Plaza performs regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Service. You agree that Genius Plaza shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Genius Plaza arising from any such loss or corruption of such data.


27. ASSIGNMENT

Genius Plaza shall be permitted to assign, transfer, and subcontract its rights and/or obligations under this TOS 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 this TOS.


28. GOVERNING LAW AND JURISDICTION

The TOS and the relationship between you and Genius Plaza shall be governed by the laws of the State of New York without regard to conflict of law provisions. Any legal action of whatever nature by or against Genius Plaza arising out of or related to this TOS or the Services shall be brought solely in the applicable state and federal courts located in Albany County, New York, Both you and Genius Plaza hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such state and federal courts. You further agree to be liable for any attorney’s fees and costs if Genius Plaza has to take any legal action to enforce the TOS.


29. NO WAIVER OF RIGHTS BY GENIUS PLAZA

The TOS and the relationship between you and Genius Plaza shall be governed by the laws of the State of New York without regard to conflict of law provisions. Any legal action of whatever nature by or against Genius Plaza arising out of or related to this TOS or the Services shall be brought solely in the applicable state and federal courts located in Albany County, New York, Both you and Genius Plaza hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such state and federal courts. You further agree to be liable for any attorney’s fees and costs if Genius Plaza has to take any legal action to enforce the TOS.


30. SEVERABILITY

The TOS and the relationship between you and Genius Plaza shall be governed by the laws of the State of New York without regard to conflict of law provisions. Any legal action of whatever nature by or against Genius Plaza arising out of or related to this TOS or the Services shall be brought solely in the applicable state and federal courts located in Albany County, New York, Both you and Genius Plaza hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such state and federal courts. You further agree to be liable for any attorney’s fees and costs if Genius Plaza has to take any legal action to enforce the TOS.


31. STATUTE OF LIMITATIONS

The failure of Genius Plaza to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.


32. EMAIL COMMUNICATIONS, ELECTRONIC TRANSACTIONS, AND SIGNATURES

a. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications Genius Plaza provides to you electronically, via email, and on the website, satisfy any legal requirements that such communication be in writing.
b. You hereby agree to the use of electronic signatures, contracts, orders, and other records and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Genius Plaza or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or the payment or the granting of credits other than by electronic means, including any and all defenses you may have based on the electronic form of this TOS and any lack of signing by the parties hereto to execute this TOS. Signatures and identities are not authenticated on the website.


33. SECTION TITLES

The section titles in the TOS are for convenience only and have no legal or contractual effect.


34. CONTACT INFORMATION

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact Genius Plaza as set forth below. If any complaint regarding Genius Plaza is not satisfactorily resolved, and you are a California resident, 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.