terms of service

GENIOUS INC, terms of service

VERSION 1.0, LAST UPDATED: MAY 21TH, 2018

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING THE SITE IN ANY WAY, INCLUDING BROWSING THE SITE, USING ANY INFORMATION, CONTENT, OR SERVICES, DOWNLOADING ANY SOFTWARE OR FILES, OR PLACING ORDERS FOR SERVICES OR PRODUCTS, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH GENIOUS, INC. AND HEREBY AGREE TO ABIDE BY THESE TERMS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, PLEASE DO NOT USE THE SITE IN ANY WAY. THE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN GENIOUS, INC. AND YOU. IF YOU USE THE SITE ON BEHALF OF AN EMPLOYER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE ON BEHALF OF YOUR EMPLOYER.

GENIOUS, INC. is a Lebanese corporation with a registered Trademark headquartered at BlueBuilding, Bliss street, Hamra, Beirut – Lebanon. "GENIOUS, INC. Website" or "Site" or (the "Website") means any website that is the property of GENIOUS, INC. ("GENIOUS, INC.", "we"), including but not limited to everything hosted under the domains Genious.co, Genious.com.lb, Genious.world, Genious.social, Genious.online, Genious.asia, Genious.live, and genious.xyz. Via Site, GENIOUS, INC. makes a number of resources available to you, including information, Software As A Service "SaaS", Internet Marketing Services, Products, Downloads, Documents, Communications, Files, Text, Graphics, Publications, Content, Tools, and other services such as technical support, all described in more details below (referred to as “Services”, and together with the Website, the “Service”). GENIOUS, INC. reserves the right, at its sole discretion, to change, add, or remove any part of these Terms of Use at any time without prior notice to you. We may, at our discretion, choose to notify those subscribed to our newsletters and RSS feeds of such changes. However, it is up to you to check these Terms of Use for changes. Continuing to use Site after the changes to the Terms of Use have been posted will constitute your acceptance of those changes. By using the Service, you agree to be bound by these Terms of Service (this “Agreement”). If you object to anything in this Agreement or the GENIOUS, INC. Privacy Policy, do not use the Service. This Agreement is subject to change by GENIOUS, INC. at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. This Agreement includes GENIOUS, INC. Privacy Policy and any notices regarding the Website.

Description of the Service

GENIOUS, INC. provides users with access to multiple Services, including but not limited to, Internet Marketing Services, web design & development, search engine optimization services, search engine marketing services, original content development services, organic link building services, social media marketing services, mobile marketing services, email marketing services, influencer marketing services, Software As A service SaaS and social media intelligence software. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Service, including a computer and modem or other access device.

By accessing the Website, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please contact us by completing the form here. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to GENIOUS, INC.

Visitor Conduct

In using Site, including all software, services, and resources available through it, you agree that:

  1. a) You will not use Site in any way that could damage, disable, overburden, or impair any GENIOUS, INC. server, or the network(s) connected to any GENIOUS, INC. server (including linked sites), or interfere with any other visitors' use and enjoyment of Site.
  2. b) You will not upload, email, or otherwise transmit via Site any potentially destructive, disruptive, or otherwise harmful programs, files, or code including viruses, Trojan horses, worms, cancelbots, time bombs, or any other form or designation of files or programs that may damage, impair, or alter the operation of a computer or network that is the property of GENIOUS, INC. or any third party.
  3. c) You will not attempt to disrupt or interfere with the security, integrity, or availability of Site and/or its content and its content delivery, or otherwise cause harm to Site, any resources provided for Site visitors, user or administrator accounts, passwords, servers, or networks connected to Site or accessible through it. The same applies to any linked sites.
  4. d) You will not attempt to gain unauthorized access to services, materials, visitor information, visitors' accounts, computer systems, or networks connected to any GENIOUS, INC. server or to Site, through hacking, password mining, or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available via Site.
  5. e) You will not use false identity information when registering for subscriptions, downloads, or product licenses.
  6. f) You will not remotely harvest or otherwise collect information about others, including email addresses, nor will you use email addresses published on this site for the purpose of sending any type of unsolicited email communication whose origin has been disguised or falsified.
  7. g) If you choose to post a comment, your user name, city, and any other information that you choose to post will be visible to the public. GENIOUS, INC. is neither responsible nor liable for the privacy of any information that you choose to post to its websites, including in its blogs, or for the accuracy of any information contained in those postings. Any information that you disclose publicly becomes public information. GENIOUS, INC. cannot prevent such information from being used in a manner that may violate these terms, the law, or your personal privacy. These personal data will be stored and processed until deletion of posted information for each occasion.

International Access

Site can be accessed from most countries around the world. Site content may contain references to GENIOUS, INC. products, services, documents, promotions, or other resources that are not available in your country. These references do not imply that GENIOUS, INC. intends to make such resources available in your country.

Site is hosted from inside the US and distributed to multiple servers worldwide. GENIOUS, INC. makes no claim or representation that Site, or any resources available through it, are appropriate to or made available for worldwide locations. If Site or any of the resources it makes available are illegal in your locality, DO NOT USE SITE. If you access Site from any location, you are responsible for compliance with all applicable local laws.

Personal Data

In connection with your use of the Site, GENIOUS, INC. and its associated companies will process Your personal data for the following purposes:

  1. a) To provide you with software, services, or information; for this purpose, mainly (i) your username, contact details and information from your posts, (ii) IP address and environment data, and (iii) data collected by cookies or other tracking technologies will be used.
  2. b) To protect GENIOUS, INC. from piracy and unlawful use of GENIOUS, INC. software or services; for this purpose, mainly (i) IP address and environment data and (ii) data collected by cookies or other tracking technologies (including clear GIFs, pixel tags, and other technologies) will be used.
  3. c) To improve GENIOUS, INC. offerings based on usage; for this purpose, mainly (i) your username, contact details, and information from your posts, (ii) IP address and environment data, and (iii) data collected by cookies or other tracking technologies (including clear GIFs, pixel tags, and other technologies) will be used.
  4. d) For internal evidence of GENIOUS, INC. and to protect rights and interests of GENIOUS, INC. and other users; for this purpose, mainly (i) data collected by cookies or other tracking technologies, (ii) audit records, application logs, weblogs, and/or backups will be used.
  5. e) To promote and market GENIOUS, INC. software and services; for this purpose, mainly (i) your username, contact details and information from your posts, (ii) IP address and environment data and (iii) data collected by cookies or other tracking technologies (incl. clear GIFs, pixel tags and other technologies and third-party cookies) will be used.
  6. f) To provide third parties with information about Your use of the Site; for this purpose, mainly data collected by cookies or other tracking technologies will be used.
  7. g) To fulfil legal duties stipulated by accounting, taxation and other laws.

Further, third parties listed in the Privacy Policy will process Your personal data, in particular data about Your usage of Site, to promote and market GENIOUS, INC. software and services.

You may object to processing of your personal data for the purposes b) to e) at any time.

You may also withdraw your consent to processing of your personal data at any time when the processing is made based on consent. The withdrawal of consent will not affect the lawfulness of processing before the withdrawal.

More detailed information about personal data processing for above mentioned purposes and about Your rights can be found in these Terms of Use and in the Privacy Policy.

IP address and environment data

Weblogs that may be generated during your use of GENIOUS, INC. Website may include information about IP addresses used to access the service, browser, operating environment, Uniform Resource Locators (URLs) used to access the service, or other information. No personal data is kept in logs for more than 30 days.

Cookies and Other Tracking Technologies

We, and our third party service providers, use cookies and other tracking technologies ("Cookies") on our Website and client portals (collectively our "Website"). We use Cookies to identify you when you visit our Website, to deliver our products and services to you, to provide you with a service when you browse our Website and to improve our Website and the services that we provide ("Service Purposes"). With your consent, we may also use Cookies, for analytics purposes and for targeted advertising ("Commercial Purposes"). Any personal data collected by these technologies will be stored and processed for no longer than 1 year.

YOUR CONSENT/WITHDRAWING CONSENT

You acknowledge that the Site will use Cookies as explained above for the Service Purposes. If you provide us with your consent to use Cookies also for Commercial Purposes, then you can withdraw your consent at any time by visiting www.GENIOUS, INC..com/optout.

If you do not wish Cookies to be stored on your device in connection with your use of this Website, you must stop using our Website and disable Cookies via your browser settings for this Website or globally (see below). Please note that disabling Cookies will affect the functionality of our Website, products and services, and may prevent you from being able to access certain features on our Website, products or services. For further information about deleting or blocking Cookies, please visit: http://www.aboutcookies.org/how-to-delete-cookies/.

THE TECHNOLOGIES WE USE

Cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our Website. There are two types of cookies:

Persistent cookies: these cookies remain on a user's device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.

Session cookies: these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our emails are forwarded.

FIRST AND THIRD-PARTY COOKIES

In relation to whether a cookie is 'first' or 'third' party refers to the domain placing the cookie.

First-party cookies are those set by a website that is being visited by the user at the time (e.g., cookies placed by us). Cookies placed by GENIOUS, INC. are used when creating an account, identifying yourself using GENIOUS, INC. Account, purchasing services, softwares or products using the e-store, as well as using any of our services, including but not limited to, our issue tracker, blogs and discussions forums, newsletter sign-up, etc. At times we may also use cookies for testing out new features of our web site and/or services to a subset of our audience.

Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie.

HOW TO DELETE AND BLOCK OUR COOKIES

You can block Cookies by activating the setting on your browser that allows you to refuse the setting of all or some Cookies. However, if you use your browser settings to block all Cookies (including essential Cookies for the Website to work), you may not be able to access all or parts of our Website, products or services. Unless you have adjusted your browser setting so that it will refuse Cookies, our system will issue Cookies as soon as you visit our Website.

WHAT COOKIES DO WE USE AND WHY?

Generally our Website uses Cookies to distinguish you from other users of our Website. The Cookies used on our Website, regardless of whether they are used for Service Purposes or Commercial Purposes, are categorized as follows:

  1. a) Strictly necessary
  2. b) Performance
  3. c) Functionality
  4. d) Targeting

'Strictly Necessary' Cookies let you move around the Website and use essential features like secure areas. Without these Cookies, we cannot provide the requested services. We use these Strictly Necessary Cookies to:

  1. a) Identify you as being logged in to our Website and to authenticate you
  2. b) Make sure you connect to the right service on our Website when we make any changes to the way the Website works
  3. c) For security purposes

Accepting these Cookies is a condition of using the Website, so if you prevent these Cookies the Website may not work correctly and we may not be able to provide our services and products to you.

'Performance' Cookies collect information about how you use our Website e.g. which pages you visit, and if you experience any errors. These Cookies do not collect any information that could identify you and are only used to help us improve how our Website works, understand what interests our users and measure the effectiveness of our advertising. We use performance Cookies to:

  1. a) Carry out web analytics: Provide statistics on how our Website is used
  2. b) Obtain data on the number of users of the Website that have viewed a product
  3. c) Help us improve the Website by measuring any errors that occur
  4. d) Test different designs for the Website

Some of our performance Cookies are managed for us by third parties. We do not allow the third party to use the Cookies for any purpose other than those listed above.

'Functionality' Cookies are used to provide products or services or to remember settings to improve your visit. We use 'Functionality' Cookies for such purposes as:

  1. a) Remember settings you've applied such as layout, text size, language, preferences and colors
  2. b) Remember if we've already asked you if you want to fill in a survey
  3. c) Remember if you have engaged with a particular component or product list on the Website so that don't show it again
  4. d) Show you when you're logged in to the Website
  5. e) To provide and show embedded video content

Some of these Cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above.

'Targeting' Cookies are used to track your visit to our Website and other websites, including the pages you have visited and the links you have followed, which allows third parties to display targeted ads to you on the websites you visit.

We and our third party service providers use Targeting Cookies to:

  1. a) Link to social networks, like Facebook, that may subsequently use information about your visit to our website in order to provide advertising or other offers that may be of interest to you when you visit other websites.
  2. b) Provide third parties with information on your visit so that they can present you with advertisements or other offers that may be of interest to you.

If you are in the EU, you may opt-out of certain third party Cookies that we and other websites may use for targeting through http://www.youronlinechoices.eu or www.aboutads.info. Opting out of one or more ad networks only means that those particular members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our websites or other third party websites. If your browser is configured to reject Cookies when you visit one of the above referenced opt-out pages, and you later erase your Cookies, use a different computer or change Web browsers, your preference may no longer be active. Since all of these Cookies are managed by third parties, you should refer to the third parties' own website privacy notifications and policies for further information (see below for more information about the particular targeting Cookies used on our Website).

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject Cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.

DO NOT TRACK

Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking by disabling cookies in your browser. However, by doing so we cannot guarantee the correct behavior of the services we provide to you.

LINKS

At times GENIOUS, INC.' websites and/or GENIOUS, INC. software products may contain links to other external non-GENIOUS, INC. sites. GENIOUS, INC. is not responsible for the privacy practices or content of such linked websites.

Disclosure

This site uses Google Analytics service. Google Analytics may record mouse clicks, mouse movements, scrolling activity as well as text you type in this website. This site does not use Google Analytics to collect any personally identifiable information entered in this website. Google Analytics does not track your browsing habits across web sites which do not use Google Analytics services. For more information see Privacy Policy for Information Collected by the Google Analytics Service. We are using the information collected by Google Analytics service to better understand conversion and on our landing pages and our deep pages.

Privacy

Please see our complete Privacy Policy. Further, you acknowledge, consent and agree that GENIOUS, INC. may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any your content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GENIOUS, INC. its users and the public.

Use of Site Content

Unless specifically indicated elsewhere on Site, you may view, download, or print Site content subject to the following conditions:

  1. a) The rights granted to you for use of Site content constitute a license and not a transfer of title.
  2. b) You may use Site content only for personal, informational, and internal purposes.
  3. c) You may not remove any copyright or other proprietary notices displayed or contained in Site content.
  4. d) You may not modify or alter Site content in any way.
  5. e) You may not distribute, sell, lease, rent, or relicense Site content to others.
  6. f) GENIOUS, INC. reserves the exclusive right to revoke authorization to view, download, and print Site content at any time, and you shall discontinue such use immediately upon notice from GENIOUS, INC.

Use of Service

The Service and accompanying documentation that is available for purchase from Site is the copyrighted and/or patented work of GENIOUS, INC. and/or its suppliers. Use of the Service is governed by the terms of the subscription agreement that is included with such purchasable Service. You will not be able to purchase nor use any Service that is accompanied by or includes a subscription agreement unless you agree to the terms of the included subscription agreement. If you do not agree to the terms of the included subscription agreement, you will not be able to use the Service.

If no subscription agreement accompanies the Service, or no other license governs the use of the Service, then use of the Service will be governed by these Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Service available on Site, unless a license or applicable law specifically authorizes you to do so.

Personal Use of Service

The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, if applicable, and are responsible for all activities that occur there under. GENIOUS, INC. reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use of Service

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, city, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by GENIOUS, INC. in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. GENIOUS, INC. reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Modifications to Service

GENIOUS, INC. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GENIOUS, INC. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Unauthorized Uses

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or GENIOUS, INC. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is GENIOUS, INC. copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor 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 GENIOUS, INC. for use in accessing the Service. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving or back-up purposes.

Blocking of IP Addresses

In order to protect the integrity of the Service, GENIOUS, INC. reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.

Intellectual Property Rights and Licenses

GENIOUS, INC. owns and retains all proprietary rights in the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of GENIOUS, INC., and its license. Except for that information which is in the public domain or for which you have been given written permission, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, publish, transmit, distribute, perform, display, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”). You may not post, distribute, reproduce or create derivative works in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. As between You and GENIOUS, INC. You own all right, title and interest in your logos and trademarks, so long as they are not derived from GENIOUS, INC. proprietary information. You agree to and hereby do grant GENIOUS, INC. the limited, nonexclusive right and license to reproduce, distribute, display and use any of your content and intellectual property as necessary to perform its obligations under this Agreement. You also grant GENIOUS, INC, a license to use your name and logo in GENIOUS, INC. marketing materials and customer lists, including on the GENIOUS, INC. website.

Site content, including service, software and related documentation, as well as the structure of Site, are protected by copyright, trademark, patent, and/or other intellectual property laws. Unauthorized use of Site content may violate such laws and these Terms of Use.

Except as expressly stated in this document, GENIOUS, INC. and/or its suppliers do not grant any express or implied rights to use Site content. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on Site, its content (including downloaded software or other products), except as expressly authorized in the Terms of Use. Also, you agree not to use any data mining, robots, or similar data harvesting and extraction methods in connection with Site.

Use of Trademarks

The trademarks and logos ("Marks") displayed on Site are the property of GENIOUS, INC. or third parties. You may not use Marks without the prior written consent of GENIOUS, INC. or the third party owner of Marks.

You may use GENIOUS, INC. Marks and logo images ("Logos") under the following conditions:

  1. a) You may not alter Logos in any way except pixel dimensions, which must always be in the same proportions as the original image provided via Site. All Marks in reduced-size Logos must remain clearly identifiable and readable.
  2. b) You may not create links on any other site directly to the Logos' image files on Site.
  3. c) You may not use Logos in any manner that represents or implies any affiliation with or endorsement by GENIOUS, INC. when no such affiliation or endorsement has been formally established in writing with GENIOUS, INC.

GENIOUS, INC. reserves the right to determine what constitutes improper or inappropriate use of GENIOUS, INC. Marks and Logos, and you agree to correct improper/inappropriate use of GENIOUS, INC. Marks and Logos, or to cease use of the same upon notification from GENIOUS, INC.

Official Communication And Notices

All official communication between GENIOUS, INC. and Customer as well as notices set forth within this agreement shall be by email. Customer shall send all notices and official communication to GENIOUS, INC. at the email address [email protected]. GENIOUS, INC. shall send all notices and official communication to Customer at the email address listed in Customer’s account record. It is solely Customer’s responsibility to ensure that the email address listed with GENIOUS, INC. is accurate and up to date. In the event GENIOUS, INC. sends a notice of cancellation, renewal invoice or any other official notice to an email address that is no longer valid for Customer, such notice shall be deemed delivered per this agreement. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.

Confidential Information

You agree to hold GENIOUS, INC.’s Confidential Information in confidence during the term of this Agreement and for a period of four (7) years after termination of this Agreement. You agree that, unless required by law, you will not make GENIOUS, INC. Confidential Information available in any form to any third party or use GENIOUS, INC. Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose GENIOUS, INC. Confidential Information, you will provide GENIOUS, INC. with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting GENIOUS, INC. to minimize the disclosure.

“Confidential Information” means any information disclosed by GENIOUS, INC. to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from GENIOUS, INC. or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of an unauthorized use or disclosure of any GENIOUS, INC. Confidential Information, you will promptly inform GENIOUS, INC. and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.

Disclaimers of Warranties

GENIOUS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. GENIOUS, INC., MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. GENIOUS, INC., DOES NOT MAKE ANY WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENIOUS, INC., OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the service. In this regard, you acknowledge that you may not rely on any content created by GENIOUS, INC. or submitted to GENIOUS, INC. and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. GENIOUS, INC. cannot and does not guarantee compatibility with other systems and hardware.

Third-Party Content

Certain content, products, and services available via the Service may include materials from third parties. In addition, GENIOUS, INC. may provide links to certain third-party websites. You acknowledge and agree that GENIOUS, INC. is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because GENIOUS, INC. has no control over such sites and resources, you acknowledge and agree that GENIOUS, INC. 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 agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that GENIOUS, INC. is not in any way responsible for any such use by you.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will GENIOUS, INC. be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GENIOUS, INC. 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 your inability to access or obtain any goods, data, information or services 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 content posted on the Website or transmitted to you or other users of the Service; or (vi) any inaccurate or out-of-date content produced by the tools or published on the Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, GENIOUS, INC. 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 GENIOUS, INC. in the twelve (12) months prior to the claimed injury or damage.

Indemnity by You

You agree to indemnify and hold GENIOUS, INC. its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of GENIOUS, INC. or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

Term and Termination

This Agreement will remain in full force and effect while you use the Services. You may cancel your use of the Service at any time, for any reason by providing notice to GENIOUS, INC. by sending an email to [email protected]. GENIOUS, INC., may, at any time and for any reason, terminate this Agreement, your account or your use of the Services by sending notice to you at the email addressed to your email account or by LIBANPOST or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing or on the fourth calendar day following the date of first-class mailing or deposit with a commercial courier service. In the event of termination, your account will be suspended and disabled and you may not be granted access to your account or any files or other content contained in your account. If GENIOUS, INC., terminates your use of this Service because you have breached this Agreement, you will not be entitled to any refund of unused fees that you have paid to GENIOUS, INC.. Sections of this Agreement relating to (1) your account, password and security, (2) disclaimer of warranties and limitation of liability, (3) indemnification, (4) confidentiality and proprietary information, and (5) jurisdiction and choice of law, shall survive such termination, as well as any other provisions, which by their nature may survive such termination.

Jurisdiction and Choice of Law

If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of Republic Of Lebanon and all claims concerning this Agreement shall be brought exclusively before the courts of Beirut, without regard to its conflict of law’s provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of Beirut in Lebanon for the resolution of any such dispute.

Miscellaneous

The failure of GENIOUS, INC., to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service, the Privacy Policy and GENIOUS, INC.’s other customer policies posted on the Website constitute the entire agreement between you and GENIOUS, INC., and govern your use of the Service, superseding any prior agreements between you and GENIOUS, INC., (including, but not limited to, any prior versions of the Terms of Service). You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

24 / 7 / 365 Support

For more information on our web SEO company, call us at +9611379760 or via email at [email protected]

TOP