Terms & Conditions
genConnect.com Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing genConnect.
Effective Date: This Terms of Use Agreement was last updated on September 9, 2008. This Terms of Use Agreement sets forth the standards of use of the genConnect.com Online Service, known as “Portal.” By using the genConnect.com you, both the user and/or the Mentor herein referred to as the “Member”, agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this genConnect. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at genConnect.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
genConnect.com is providing Members (users) and Mentors with connections to other users and mentors, information, links and content. Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties
The portal is provided by genConnect.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, genConnect.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web portal in terms of its correctness, accuracy, reliability, or otherwise. genConnect.com shall have no liability for any interruptions in the use of this GenConnect. genConnect.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
genConnect.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GENCONNECT.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB PORTAL OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GENCONNECT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold genConnect.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Eligibility
Membership in the Service is void where prohibited. This Portal is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Portal by anyone under 18, or by anyone who is under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Portal, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Portal, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Portal ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Modifications and Interruption to Service
genConnect.com reserves the right to modify or discontinue the Service with or without notice to the Member. genConnect.com shall not be liable to Member or any third party should genConnect.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that genConnect.com does not guarantee continuous, uninterrupted or secure access to our genConnect and operation of our genConnect may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Posting Member Content
You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: profiles, photos, blogs, podcasts, comments, chats, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; . You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that genConnect does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that genConnect does not pre-screen User Content, and has no obligation to do so, but that genConnect.com and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
By posting User Content to any part of genConnect, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Portal or the promotion thereof.
You may remove your User or Member Content form genConnect.com at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. GenConnect does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Chat Rooms and Forums
genConnect.com may, but is not obligated to, monitor or review any areas on the Site where users and/or mentors transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. genConnect, however, will have no liability related to the content of any such Communications, nor does genConnect have any liability for any advise or comments made by its mentors, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Third-Party Portals & Links
genConnect may include links to other portals on the Internet that are owned and operated by mentors, advertisers, online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party portal or link.. You should contact the portal administrator or webmaster for those third-party portals if you have any concerns regarding such links or the content located on such portals. Your use of those third-party portals is subject to the terms of use and privacy policies of each portal, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ portals.
Links to Other Websites and Linking to genConnect
Any links to other websites are provided merely as a convenience to the Users of this Site. genConnect.com has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
Any individuals who would like to establish a temporary or permanent link to this Site may do so as long as you obtain permission from genConnect.com All linking requests should be sent to www.genConnect.com. Framing any page on the Site is expressly prohibited.
Should any User respond to genConnect or any of its mentors, employees, agents, or others through the Site, via email or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any genConnect document, the Site, or services, such information shall be deemed to be non-confidential and genConnect shall have no obligation of any kind with respect to such information. genConnect shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
Disclaimer Regarding Accuracy of Mentor & Vendor Information
Product specifications and other information have either been provided by the Mentors and Vendors or collected from publicly available sources. While genConnect.com makes every effort to ensure that the information on this portal is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on genConnect.com. genConnect.com makes no warranties or representations whatsoever with regard to any information or product provided or offered by any Vendor or Mentor, and you acknowledge that any reliance on representations and warranties provided by any Vendor or Mentor shall be at your own risk.
Governing Jurisdiction of the Courts Delaware
genConnect.com is operated and provided in the States of New York, Colorado and Delaware. As such, we are subject to the laws of the State Delaware and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that genConnect or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our portal you agree to do so subject to the internal laws of the State Delaware.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this portal, including portal design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 genConnect.com. with all rights reserved, or is the property of genConnect.com and/or third parties protected by intellectual property rights. Any use of materials on the genConnect, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of genConnect.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of genConnect.com™ and smartiepantz™ are proprietary marks of genConnect.com. genConnect.com’s trademarks may not be used in connection with any product or service that is not provided by genConnect.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits genConnect.com. All other trademarks not part of the genConnect branding design but are third party related and are displayed on genConnect.com are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Mentors or Vendors. In addition, such use of trademarks or links to the web portals of Mentors or Vendors is not intended to imply, directly or indirectly, that those Mentors or Vendors endorse or have any formal affiliation with genConnect.com.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, genConnect.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
James A. Trigg, Esq.
KILPATRICK STOCKTON LLP
1100 Peachtree Street, Suite 2800
Atlanta, GA 30309
Phone: 404.815.6553
Fax: 404.541.3423
E-mail: jtrigg@kilpatrickstockton.com
Account Obligations
Certain sections of the Site require that you register by providing particular information including a user name and password. In these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site, future access to the Site, or any activities related to your registration and account.
You are responsible for maintaining the confidentiality of your user name and password (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. genConnect shall not, in any manner, be responsible or liable for fraudulent purchases, requests or other transactions that are made using your compromised Account Information.
Member Conduct
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the use the Portal in any unlawful manner or in any other manner that could damage, disable, overburden or impair genConnect.com.
You agree not to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, demeaning, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise inappropriate or objectionable;
- You agree not to register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
- You will not upload, post, transmit, share, store or otherwise make publicly available on the Portal any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- You will not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- You will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- You agree not to use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Portal.
- You will not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Portal, or which may expose Company or its users to any harm or liability of any type.
- Without limiting any of the foregoing, you also agree to abide by our genConnect Code of Conduct that provides further information regarding the authorized conduct of users on genConnect.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by genConnect.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
