Welcome to Genesis! These Terms of Service (these "Terms" or "TOS") are an agreement entered into by and between you ("you" or "your") and Genesis XYZ Inc. ("Genesis," "Company," "we," or "us"). These Terms, together with any documents they expressly incorporate by reference, describe your rights and responsibilities as a Company user ("User") and govern your access to and use of our system, website and/or app web, including any content, functionality and services offered on or through https://www.genesis.xyz/ (collectively, the "Genesis System to Explore Web3"). This page also supplements the terms by which you may access or use our online application, services, software, documentation and other products (both tangible and intangible) provided by us or our affiliates, on or in connection with the Genesis System to Explore Web3 (collectively, the "Services" or "App"). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms. You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Notice. Except as set forth herein, the Service are owned and operated by Genesis. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Service by Genesis.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 19.2 (THE "ARBITRATION AGREEMENT") AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 19.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 19.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
1. Acceptance of Terms
By using or accessing any part of the Services, you agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Services by Genesis. If you do not agree to any of such terms, conditions, rules, policies or procedures, do not use or access the Services. Furthermore, Genesis reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check the Company TOS and this page periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Services. If you are using the Services on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by this TOS even if Genesis has a separate agreement with you. If you do not agree, you may not use the Services.
2. Information Collection and Use
In order to provide our Services, Genesis stores and processes personal data that you have provided to us It's your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Genesis App won't work properly or at all. Our collection and use of your information are described in more detail in our Privacy Notice.
Additionally, the Service may include third party services that may collect information used to identify you. Below are links to the privacy policies of third-party service providers used by the App:
• Google Play Service
3. Use of a Crypto Address
In order to use all functionalities offered by Service you may be prompted to provide and verify the public blockchain address associated with your self-hosted crypto wallet used for transactional data on various blockchains (your "Crypto Address"). You understand that by providing any Crypto Address to the Services, you do so at your own risk, and you consent that all applicable blockchain crypto assets (including, but not limited to, cryptographically secure non-fungible tokens, and other blockchain securitized tokens), associated with your Crypto Address, may be publicly displayed.
4. Your Registration Obligations
Upon launching the Service, if you do not already have a registered Account ("Account"), you may be prompted to create one by providing and verifying a username, a password and a valid email address and other information to access or utilize certain applications or features. You agree that your Account and profile may include personal information you provide, and that we may update your profile with information we extract from your identified Crypto Address, including information related to your nonfungible token ownership information, digital assets and other blockchain and smart contract related information (e.g., transfers of tokens between accounts, the corresponding smart contracts, amounts paid, and its properties as a digital asset) and you permit us to share such information with others. Furthermore, we reserve the right to reject any registration or to terminate your use of the Services in our sole discretion, and without any liability to you.
5. Your Use of the Service
You may use the Services only if you can form a binding contract with Genesis, and only in compliance with this TOS and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 (or under 16 in Europe) is strictly prohibited and in violation of this TOS. Except as set forth in this TOS, or as otherwise approved by Genesis, the Services are for your personal, non-commercial use unless you enter into a separate agreement with Genesis for your commercial use. The Service is not available to you if Genesis has previously removed, banned or terminated your Account. You shall not, and shall not permit anyone else to, directly or indirectly: (i) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Service or Service Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except as permitted by applicable law); (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or to aggregate purchases through the Service; (iv) copy, modify, alter or create derivative works of any part of the Service or Service Content; (v) remove or alter any proprietary notices or labels on or in the Service or Service Content; (vi) identify or refer to Genesis or the Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and Genesis, without Genesis's prior express written consent; or (vii) engage in any activity not otherwise permitted by this TOS or Genesis' policies, including those activities prohibited by Section 8.1 (Certain Restrictions).
6. Account and Security
You are responsible for maintaining the confidentiality of your Account and are fully responsible for all activities that occur under your Account, whether or not authorized by you. You agree to (a) never share your Account with anyone, (b) immediately notify Genesis of any actual or suspected unauthorized use of your Account or any other breach of security, and (c) ensure that you exit from your Account at the end of each session. Genesis cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your Account.
7.1. Service Content. You agree that all material, including without limitation information, your Crypto Address, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by Genesis in connection with the Service (collectively, "Service Content") is owned by Genesis and its licensors and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by Genesis in writing or solely as necessary for your use of the intended functionality of the Service, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Service Content, or post any Service Content on any other website or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Service Content for your own personal informational or record-keeping purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of Genesis. You shall use the Service Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2. Genesis' License to Use Your Content. Your Crypto Address, (including any and all crypto assets identified by or through your Crypto Address), and any other data, text, graphics, images, illustrations, logos, trademarks, service marks, copyrights, audio, videos, music, work of authorship or information, comments, opinions, postings, messages, files, e-mail, data or other materials (in whatever form) presented on your profile, or otherwise uploaded to the Service by you is "Your Content." You hereby grant to Genesis a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any third party. You represent and warrant that you have all the rights, power, authority and authorization necessary to contribute, provide and make available to Genesis and others Your Content and to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) complies with all applicable laws and regulations (foreign and domestic), and (iii) that you have all authorizations, consents, approvals and have made all disclosures required to provide Your Content to Genesis and to allow Genesis to use Your Content as provided in this TOS. Genesis reserves the right to remove any of Your Content from the Service at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
8.1. Certain Restrictions. You understand that you are liable for your use of the Service, including for all Content, in whatever form, that you provide or otherwise make available to or through the Service. You agree not to use the Service to:
(i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, fraudulent, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
(ii) impersonate any person or entity, including, but not limited to, Genesis, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(iii) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(iv) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
(v) upload, post, email, transmit or otherwise make available any Content that contains 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 or to otherwise interact with the Service in a manner not permitted by this TOS or expressly authorized by Genesis; or
(vi) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable law or regulation (foreign or domestic); stalk or otherwise harass any person or entity.
8.2. Certain Remedial Rights. Genesis does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but Genesis and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any Content, in whole or in part, and/or (ii) suspend, rescind and terminate your right to use the Service at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Genesis may preserve Your Content and may also disclose Your Content for any reason (but subject to the terms of the Privacy Notice, as defined herein), including, without limitation, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Genesis, its Users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over or storage using various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
9. Special Terms Regarding International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content and your use of the Service. By way of example and not of limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, the Service may be subject to United States export controls. No part of the Service may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or Service of the same type as the Service. By using the Service or any part thereof (including by downloading any software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country.
You agree to defend, indemnify and hold Genesis and its affiliates, licensors, suppliers, subcontractors, partners and agents, and each of its and their respective officers, directors, agents and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), investigation or settlement made by any third party due to or arising out of Your Content, your use of, contribution to or connection with the Service, your violation of this TOS or any of your policies, including your refund policy, and/or your violation of any rights of another. Genesis shall provide notice to you of any such Claim that it receives, provided that the failure or delay by Genesis in providing such notice shall not limit your obligations hereunder. Genesis reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Genesis' defense of such matter.
11. Service Modifications and Suspensions
Genesis reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason or no reason with or without notice. You agree that Genesis shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Genesis, in its sole discretion, may terminate your Account and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, at any time for any reason or no reason, including, without limitation, if Genesis believes that you have violated or acted inconsistently with the provisions of this TOS. You agree that any termination of your right to use the Service may be done without prior notice and acknowledge and agree that Genesis may immediately deactivate or delete your Account and all related Content and files related to your Account and/or bar any further access to such files or the Service. Further, you agree that Genesis shall not be liable to you or any third party for any termination of your right to use or otherwise access the Service. All provisions of this TOS that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Genesis has no control over such websites and resources, you acknowledge and agree that Genesis is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Genesis shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
14. Disclaimer of Warranties
THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENESIS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. GENESIS MAKES NO WARRANTY THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) ANY CONTENT OBTAINED THROUGH THE SERVICE, OR THE SERVICE THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. GENESIS IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR YOUR CONTENT, PRODUCTS, SERVICE, ACTIONS OR OMISSIONS IN CONNECTION WITH YOUR USE OF THE SERVICE; AND GENESIS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT GENESIS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE TRUTH OR ACCURACY OF ANY OF YOUR CONTENT OR LISTINGS, OR THE ABILITY OF ANY END USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Notwithstanding the foregoing, you may report the misconduct of other Users and/or third parties in connection with the Site or any Service to Genesis. Genesis, in its sole discretion, may, but shall not be obligated to, investigate the claim and take any action that it deems appropriate.
15. Limitation of Liability
GENESIS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE, OR (IV) ANY MATTERS BEYOND GENESIS' REASONABLE CONTROL. GENESIS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. IN ADDITION, GENESIS IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE GATEWAY), AND GENESIS HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENESIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER INFORMATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICE, YOU HEREBY AGREE TO RELEASE GENESIS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS, PARTNERS AND AGENTS, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER GENESIS CUSTOMERS OR END USERS) IN CONNECTION WITH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, OR ANY EVENTS LISTED THEREON.
Notices to you may be made via either e-mail or a United States mail address, should you provide it. You hereby consent to receiving notice via e-mail. Genesis may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Service. Any notice from you to Genesis shall be made by emailing Genesis at [email protected] Trademark InformationThe trademarks, service marks, and logos of Genesis (the "Genesis Trademarks") used and displayed in connection with the Service are registered and/or unregistered trademarks or service marks of Genesis. Other company, product, and service names used in connection with the Service may be trademarks or service marks owned by third parties (collectively with Genesis Trademarks, the "Trademarks"). The offering of the Service shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of Genesis specific for each such use. The Trademarks may not be used to disparage Genesis, any third party or Genesis' or third party's products or Service, or in any manner (in Genesis' sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Genesis approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Genesis Trademark shall inure to Genesis's benefit.
19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
19.1. Governing Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the state of California, without regard to principles of conflict of laws, will govern this TOS and any dispute that has arisen or may arise between you and Genesis, except as otherwise stated in this TOS. Any dispute that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Los Angeles County in the State of California, and the United States, respectively, sitting in the State of California.
19.2. Arbitration Agreement. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GENESIS. This section (the "Arbitration Agreement") applies to and governs any dispute, controversy, or claim between you and Genesis that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Genesis, directly or indirectly, as a consumer ("Claim" or collectively, "Claims"). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
You can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Genesis at [email protected] with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Genesis has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the "Arbitrator"), under the Expedited Procedures then in effect for AAA (the "Rules"), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or California, unless you and Genesis agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Genesis agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, any provision of this Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Genesis from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our Service Content, data security, or other proprietary rights; or preventing you from asserting Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other Claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual Claims in arbitration.
19.3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND GENESIS AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER GENESIS USERS. YOU AND GENESIS FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GENESIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
20.1. Waiver. The failure or delay of Genesis to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.
20.2. Severability. If any provision of this TOS is found by court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
20.3. Captions. The section captions in this TOS are for convenience only and have no legal or contractual effect.
20.4. Injunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to Genesis under this TOS are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Genesis for which remedies at law are inadequate. Genesis shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
20.5. Assignment. Your rights and obligations under this TOS may not be assigned by you without Genesis's prior written consent but are freely assignable by Genesis. Subject to the foregoing restriction, this TOS will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.
20.6. Interpretation. You agree that the terms and conditions herein will not be construed against Genesis by virtue of having drafted them.
Changes To This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]
These terms and conditions are effective as of March 7, 2022