(2) Service Basics
(3) Liability Limitations and Exclusions
(4) Third-Party Materials
(5) Intellectual Property
(6) Privacy Terms
(7) Service Details
(8) Payment Terms
(9) General Provisions
Genepea (“Genepea” or the “Company”) owns www.genepea.com and provides the Services. Your use of the Services in any way means that you agree to all Terms as a binding contract between you and Genepea.
The Company reserves the right to change these Terms at any time. If you use the Services in any way after a change to the Terms, that means that you agree to all the changes. No other amendment or modification of these Terms will be effective unless in a signed writing between you and Genepea.
(2) Service Basics
You may need to sign up for an account and select a user name and password (collectively, a “User ID”) to use aspects of the Services. If needed, you shall provide Genepea with accurate, complete, and up to date registration information about yourself. You shall not share your User ID with anyone. You are responsible for any and all activity associated with your User ID and you may not transfer or assign your User ID to anyone else.
You must comply with all applicable laws while using the Services. You shall not use the Services in any manner that (i) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene; (ii) risks the security of your User ID or anyone else’s; (iii) attempts, in any manner, to obtain the User ID or other information from any other user; (iv) cracks any passwords or security encryption codes; (v) runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services; (vi) “crawls,” “scrapes,” or “spiders” any page, data, or portion thereof or relating to the Services; or (vii) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
You understand and agree that an aspect of Genepea’s Services is the provision of an online marketplace platform whereby third-party sellers and buyers can connect with each other to buy and sell goods. If you are a third-party buyer or seller using the Services, you agree that Genepea has no liability, responsibility, or obligation, including but not limited to product defect liability, for the third-party goods or products bought or sold using Genepea’s Services, and you agree to look solely to the applicable third-party buyer or seller for a remedy.
(3) Liability Limitations and Exclusions
To the extent that the Services are provided free-of-charge, the Company is not liable for any loss or damage whatsoever. Further, Genepea is not liable to you with respect to any losses arising out of any event or events beyond the Company’s reasonable control, nor for product or payment issues, nor is Genepea liable to you in any respect for any business losses, including but not limited to, damage to or loss of profits, income, revenue, reputation, goodwill, or anticipated savings, or any special, indirect or consequential loss or damage. You agree that electronic and internet communications are particularly susceptible to loss, theft, or corruption of data, databases, and software, and you agree that Genepea is not liable to you for any losses arising out of the same, or any acts or omissions of any hosting provider, payment services provider, or other third-party services provider. Notwithstanding the above, nothing herein will limit or exclude any of the Company’s or your liability in any way that is not permitted under applicable law.
To the maximum extent permitted by applicable law, Genepea excludes and disclaims all representations, warranties and guarantees relating to the Services (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Products and services purchased or offered through the Services, if provided by or sold by Genepea, are provided “AS IS” and without any warranty of any kind from Genepea. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Neither Genepea nor its licensors or suppliers makes any representation or warranty concerning any Materials or third-party products contained in or accessed through the Services, and the Company is not responsible or liable for, among other things, the accuracy, copyright compliance, legality, existence, shipment, quality, or decency of Materials or third-party products contained in or accessed through the Services.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GENEPEA BE LIABLE TO YOU FOR (a) ANY MATTER BEYOND THE COMPANY’S REASONABLE CONTROL; (b) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR (c) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (i) $500, OR (ii) THE AMOUNTS YOU PAID TO GENEPEA FOR THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(4) Third-Party Materials
You acknowledge that some of the information published on www.genepea.com or provided as part of the Services may be submitted or provided by users or other third-parties, and you agree that the Company is not responsible for reviewing, approving, or editing such information. If commenting is allowed on the Company website, you agree to the publication of comments, reviews, and/or feedback relating to you, by others, on the Company’s website. You acknowledge that such comments, reviews, and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold Genepea liable in respect of any such comments, reviews, and/or feedback, irrespective of whether Genepea is aware or ought to be aware of such comments, reviews, and/or feedback.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Genepea. When you access third-party websites or use third-party services, you agree that Genepea is not responsible for the risks associated with that activity.
If you have a dispute with one or more other users of the Services, you release Genepea from any and all claims, demands, and damages of every kind or nature, both known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Company’s Services. In releasing Genepea from these claims, you hereby waive California Civil Code Section 1542, and all other similar applicable laws, which states:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
(5) Intellectual Property
You understand that Genepea may disclose information relating to Genepea’s technology or business (including pricing accessible only to authorized users) (hereinafter referred to as “Proprietary Information”). You agree: (i) not to divulge to any third person any such Proprietary Information, (ii) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that you take with your own proprietary information, but in no event less than reasonable precautions to protect such Proprietary Information. The foregoing will not apply with respect to any information that you can document (a) is or becomes generally available to the public other than through your own wrongful act, or (b) was in your possession or known by you prior to receipt from us, or (c) was rightfully disclosed to you without restriction by a third-party, or (d) was independently developed without use of any Proprietary Information. Nothing in this Agreement will prevent you from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that you give us reasonable prior notice of such disclosure to contest such order.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Created Contents, and so forth (individually and collectively, the “Materials”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Materials you access through the Services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Materials not owned by you, (i) without the prior consent of the owner of that Materials or (ii) in a way that violates someone else’s (including Genepea’s) rights.
You understand that Genepea owns the Services. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Anything you post, upload, share, store, or otherwise provide through the Services is “User Created Content.” Some User Created Content may be viewable by other users. In order to display your User Created Content on the Services, you grant Genepea certain rights in those User Created Content, as follows:
● For all User Created Content, you hereby grant Genepea a irrevocable license to translate, modify, reproduce, and otherwise act with respect to such User Created Content, in each case to enable us to operate the Services, as described in more detail below:
▪ If you store User Created Content in your own personal Genepea account in a manner that is not viewable by any other user except you, you grant Genepea the license above, as well as a license to display, perform, and distribute your Personal User Created Content for the sole purpose of making that Personal User Created Content accessible to you and providing the Services necessary to do so.
▪ If you share a User Created Content only in a manner that only certain specified users can view, then you grant Genepea the licenses above, as well as a license to display, perform, and distribute your User Created Content for the sole purpose of making that User Created Content accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that User Created Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
▪ If you share a User Created Content publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, then you grant Genepea the licenses above, as well as a license to display, perform, and distribute your User Created Content for the purpose of making that User Created Content accessible to all Genepea users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that User Created Content in connection with the Services and/or otherwise in connection with Genepea’s business for any purpose. Also, you grant all other users of the Services a license to access that User Created Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
▪ You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
(6) The Digital Millennium Copyright Act of 1998 (the “DMCA”)
This section is intended to comply with Genepea’s rights and obligations under DMCA, including 17 U.S.C. §512(c), but is not legal advice. If you believe that your copyrighted work is accessible via the Services in a way that constitutes copyright infringement, please notify Genepea’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information to Genepea in writing:
● An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
● Identification of the copyrighted work that you claim has been infringed;
● Identification of the claimed infringing material and where located on the Service;
● Information reasonably sufficient to permit Genepea to contact you, i.e. mailing address, telephone number, and e-mail address;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
● A statement, made under penalty of perjury, that the information provided is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to Genepea’s DMCA Agent at the following addresses:
Genepea DMCA Agent Lize Hottegrindre
P.O. BOX 3253
Incline Village, NV 89450, USA
Please note that the above procedure is solely and exclusively for notifying Genepea that your copyrighted material has been infringed. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
(7) Privacy Terms
(8) Service Details
Any Materials available through the Services are the sole responsibility of the person from whom such Materials originated, and you access and view all such Materials at your own risk.
Genepea may suspend, discontinue, change, limit, restrict, or modify the Services at any time. Genepea may terminate or suspend your use of the Services or your User ID, at any time, for any reason or for no reason at all.
(9) Payment Terms
Genepea reserves the right to charge for some or all Services, at any time. If Genepea elects to charge for the Services, Genepea’s invoice or payment processing page shall provide payment terms that shall govern your payment or lack thereof.
You are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Genepea may, in its sole discretion, do any of the foregoing on your behalf as it sees fit.
(10) General Provisions
- These Terms shall survive the termination of the Services.
- To the fullest extent allowed by applicable law, you agree to indemnify and hold Genepea, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your User ID), and (b) your violation of these Terms. In the event of such a claim, suit, or action (collectively, a “Claim”), Genepea will attempt to provide notice of the Claim to the contact information Genepea has for your User ID (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
- You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your User ID, in any way (by operation of law or otherwise) without Genepea’s prior written consent. Genepea may transfer, assign, or delegate these Terms and the Company’s rights and obligations without consent.
- These Terms are governed by and will be construed under the laws of the State of Nevada. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the State of Nevada, County of Washoe, City of Reno. You consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, State of Nevada, County of Washoe, City of Reno or the United States District Court for the District of Nevada in Reno, Nevada.
- The failure of either party to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
- You and Genepea agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Genepea, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
- You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Genepea, and you do not have any authority of any kind to bind Genepea in any respect whatsoever.
- You agree that there are no third-party beneficiaries intended under these Terms.
These Terms were last updated on July 25, 2020. Genepea reserves the right to change these Terms, in whole or in part, at any time and for any reason. All updates to these Terms will be effective when posted on this page. If you feel that Genepea is not abiding by these Terms, or if you have any questions, comments, or concerns, please contact us immediately via email to firstname.lastname@example.org or by phone to 530-414-6626.