**By starting services with The Ad Genius and after speaking to Carlton about starting your marketing services, you are agreeing of all policies in place, you are also confirming you understand.
Conditions of Use
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION. BY USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE CONDITIONS.
1. Some Useful Definitions.
In these Conditions:
"Affiliate"-in relation to any company, means any company it controls or is controlled by or with which it is under common control.
"Comments"-means comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials and Content).
"Content"-means any and all textual and graphical content including, without limitation, text, code, graphics, images, logos, photographs, sounds, music, video, animation, characterization, URL, trademarks, data, media and other content in any form.
"IP"-means (a) all copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names, rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of these rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"Laws"-means laws, regulations, rules, orders, codes of practice or other requirements of any governmental authority or regulatory body of competent jurisdiction from time to time.
"Malware"-means any software designed to infiltrate, interfere with, intercept, expropriate or damage a computer system, data or personal information, without the owner’s informed consent, including, but not limited to, “trojans”, “worms”, “logic bombs” and “cancelbots” as the same may be generally understood within the computing industry from time to time and any other malicious and unwanted software.
"Our Data"-means any and all data or other information generated by or in connection with Our Website, or your use of Our Website, or acquired by you or your Affiliates from us or our Affiliates by using Our services.
"Our Policies"-means all standards, policies, practices, specifications, technical requirements, schedules, terms, conditions, guidelines, rules and other information on Our Website or such other website as may be notified to you from time to time, and as such documents may be amended from time to time by us in our sole discretion.
"Our Property"-means any and all:
- software, code, scripts, functionality, hardware, technology and documentation developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website for purposes of marking;
- interfaces, protocols, databases, data formats, structured XML formats, grammars, glossaries, libraries, specifications and other similar materials developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website;
- our trademarks, service marks, logos, insignia, domain names, trade names, trade dress (including any “look and feel”) whether now known or created in the future;
- Our Content;
- Our Website;
- ideas, processes, procedures, systems, methods of operation, concepts, principles and discoveries of any kind made or developed at any time; and
- Our Data.
"USA Site"-means the website with the top level domain of theadgenius.com, and any replacement or successor website in place from time to time.
"Our Website"-means USA Site.
"us," "we" and "our"-refers to The Ad Genius, LLC.
"Your Account"-means your registered account set up for you to allow us to manage orders placed by you through Our Website and to set up and manage your profile within the social community accessible through Our Website.
2. Introduction. If you do not agree with any part of these Conditions, do not visit or use Our Website. If you use any part of Our Website you agree to these Conditions. If you do not want to agree to these Conditions, do not use Our Website.
3. Changes to these Conditions. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Conditions or any of Our Policies at any time for any reason, and by visiting or using Our Website after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
5. Registration Information. If you elect to purchase our services, you must provide your real name, address, phone number, and email address. You must ensure that all registration information you give us is complete, accurate and truthful and that you keep such information up to date at all times. We reserve the right to reject any registration and to refuse service to anyone for any reason, in our sole and absolute discretion. We reserve the right to terminate Your Account immediately and without notice to you at any time and for any reason, including, without limitation, if you provide false or incorrect information when you register or if you don’t keep your information up to date.
6. The Services on Our Website. We reserve the right to change Our Website and any or all of the services available on or through it at any time from time to time or to discontinue Our Website or any or all of the services available through it at any time. We make no guarantees that Our Website is available and free of bugs and other errors. You acknowledge and agree that we are not liable for these periodic interruptions in Our Website.
7. Our IP. You acknowledge that we, our Affiliates or licensors, own all IP in Our Property. All IPR in Content, data or other materials provided by us, shall be owned by us, our Affiliates or licensors. You must not use our trademarks, service marks, trade names, logos, trade dress, meta-tags or other hidden text.
8. Prohibited Actions. You must not: (a) except to the extent permitted by law or under these Conditions, copy, modify, duplicate, frame, mirror, republish, download, display, transmit or reproduce any portion of Our Website in any form or by any means or exploit Our Website for commercial purposes; (b) remove, obscure, or alter any notice of the copyright or other proprietary legends on Our Website; (c) use, or allow the use of, Our Website in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (d) use the information for the purposes of solicitation, advertising, unsolicited marketing, spam or harassment from Our website or for which Our website created for you; (e) for any unlawful purpose; (f) to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or our Affiliates; (g) to provide any kind of commercial information service; or (h) using any automated means, to monitor or copy Our Website or its Content from the services provided to You. You must not systematically extract and/or re-use any or all of Our Website or its Content without our express written permission (which may be granted or withheld in our absolute discretion). In particular (and without limiting the generality of the foregoing), you may not use any data mining, robots, or similar data gathering and extraction tools to extract for re-use (whether once or many times) all or a substantial part of Our Website.
Disclaimer: The opinions expressed within Comments are those of the author and not our views or opinions. We do not endorse any Comments posted on Our Website.
10. Disclaimer of Warranties; Limitation of Liability; Release.
OUR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, DATA AND INFORMATION PROVIDED, OR SERVICES RENDERED OR MADE AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR SERVICE PROVIDERS AND OUR AFFILIATES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THESE CONDITIONS, OUR WEBSITE INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL EXPRESS AND IMPLIED CONDITIONS, TERMS AND/OR WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (C) ANY AND ALL OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (WHETHER OR NOT ARISING FROM OUR, OR OUR AFFILIATES’ NEGLIGENCE).
YOU USE OUR SERVICES AT YOUR OWN RISK. WE ADVISE YOU TO MAKE SURE YOU ARE SATISFIED WITH THE EXACT TYPE AND NATURE OF SERVICES BEING OFFERED BY US OR OUR AFFILIATES AND THEIR SUITABILITY FOR YOUR PURPOSES. YOU SHOULD NOT RELY ON OUR WEBSITE FOR ADVICE.
NEITHER WE, NOR OUR AFFILIATES, WARRANT THAT THE SERVICES PROVIDED CONTAINED IN OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PURCHASES.
SOME JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE ALL OR PART OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUIET ENJOYMENT.
NEITHER WE, NOR OUR SERVICE PROVIDERS OR AFFILIATES, WILL BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY FOR: (a) LOSS OF REVENUES, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, OR DAMAGE TO, OR CORRUPTION OF, DATA OR SOFTWARE, OR WASTED EXPENDITURE, IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL; or (b) ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES TO YOU AND YOUR AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OR (OR LOCAL EQUIVALENT CALCULATED ON A RECOGNIZED EXCHANGE RATE CHOSEN BY US IN OUR SOLE DISCRETION), WHICHEVER IS THE GREATER. NOTHING IN THESE CONDITIONS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
NOTWITHSTANDING ANYTHING IN SECTION 10 OR ANYTHING TO THE CONTRARY IN THESE CONDITIONS, AND WITHOUT LIMITING ANYTHING IN SECTION 10, NEITHER WE, NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY ARISING OUT OF OR RELATED TO ANY BETA FEATURES. “BETA FEATURE” MEANS ANY SERVICE FEATURE THAT IS EXPRESSLY IDENTIFIED AS “BETA”, “ALPHA”, “EXPERIMENTAL”, “PILOT”, “EVALUATION”, “PRE-RELEASE”, OR SOME SIMILAR DESIGNATION OR THAT IS OTHERWISE EXPRESSLY IDENTIFIED AS UNSUPPORTED.
You shall indemnify, hold harmless and defend us, our Affiliates, and our Affiliates’ directors, officers, employees, agents and subcontractors, our licensors and assigns from all claims, liabilities, losses, damages, settlements, costs and/or expenses, whether or not partially attributable to our negligence or that of our Affiliates, including reasonable attorneys' fees and expenses, and third party claims or liability (collectively, "Liabilities") arising out of or in connection with: (a) THE SERVICES provided to you THROUGH OUR Website AND/OR ANY SERVICE WE PROVIDE TO YOU; (b) your breach or alleged breach of these Conditions or of any of Our Policies; (c) your Content or any use of it by us or our Affiliates, agents, service providers or sub-licensees, including, but not limited to, claims of defamation; (d) any claim or allegation that Content, Comments or any use of them by us or our Affiliates, agents, service providers or sub-licensees infringes or is alleged to infringe a third party’s intellectual property rights; and (e) any personal injury, death or damage caused by you. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. Your defense and indemnification obligation will survive the term of these Conditions.
12. Force Majeure. We shall not be liable for any default or delay in the performance of any of our obligations under these Conditions if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, power outages, supply shortages or the failure of you or any third party to perform any commitment relating to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
13. Suspension or Termination. We reserve the right to deny, terminate, or suspend Our Website in our sole discretion, for any reason, including without limitation, if you breach these Conditions or Our Policies, and/or you use Our Website in a manner that violates or may violate any applicable custom, use, practice, or Law. We reserve the right, in our sole discretion, to halt any sale or prevent or restrict access to Our Website. We further reserve the right to take any action to restrict access to or remove any objectionable Content, Comments or other material or items that violate these Conditions or Our Policies.
14. Governing Law and Jurisdiction. These Conditions shall be governed by and interpreted in accordance with the laws of the State of Texas (without reference to its conflicts of laws principles) and the Federal and State Courts located in Harris County, Texas shall have exclusive jurisdiction over all disputes (whether contractual or non-contractual) arising out of or in connection with these Conditions.
15. Third Party Rights. The parties to these Conditions do not intend that any term should be enforceable by any person who is not a party to these Conditions other than our Affiliates which shall be entitled to any actions and rights as us. Each of our Affiliates shall be entitled to enforce the terms of these Conditions in its own right. For the avoidance of doubt, we may vary the terms of these Conditions so as to extinguish or vary the rights of our Affiliates without requiring additional consent from such affected Affiliates. We are not your fiduciary or trustee.
16. Ethical Standards. You shall, and shall make sure that your officers, employees, agents and service providers shall: (a) at all times comply with all anti-corruption laws applicable to you; and (b) not, directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of these Conditions and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to you or us. If you become aware of any breach or suspected breach of this Condition, you must notify us promptly. We may immediately suspend operation of these Conditions on written notice, pending investigation. You must assist us in any such investigation. If, in our reasonable opinion, you have breached this Condition: (a) we may immediately terminate these Conditions by giving you written notice; and (b) you shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach.
17. Miscellaneous. These Conditions, Our Policies and any documents referred to in them constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior agreements claims, representations and understandings of the parties in connection with the subject matter hereof. If any provision of these Conditions is held to be unenforceable, such holding shall in no way invalidate any other provision hereof, and these Conditions shall remain in full force and effect.