Terms and conditions

  1. Introduction

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN PURCHASING OR ACCESSING THE SERVICE AND/OR SOFTWARE FROM GENIUSPEDDLER, LLC. (“GENIUSPEDDLER”). THESE TERMS AND CONDITIONS (“TERMS”) GOVERN THE USE AND LICENSING BY GENIUSPEDDLER, LLC. OF THE GENIUSPEDDLER SERVICE (“SERVICE”). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE “ACCEPT” BUTTON ON THE JOIN/REGISTER PAGE, USING THE SERVICE, CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY THAT YOU ARE USING/PURCHASING THE SUBSCRIPTION ON BEHALF OF (TOGETHER REFERRED TO AS “YOU” OR “YOUR”), REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE; AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS. YOU UNDERSTAND AND AGREE THAT WHEN PURCHASING OR ACCESSING GENIUSPEDDLER’S SERVICES, YOU ARE ENTERING INTO A BINDING CONTRACT WITH GENIUSPEDDLER LLC.

The following terminology applies to these Terms, Privacy Policy Statement and Disclaimer Notice and any or all Agreements: “User”, “You” and “Your” refers to You, the person and/or entity accessing, subscribing to and/or using the services of this website and accepting these Terms. “Party”, “Parties”, or “Us”, refers to both the User and GeniusPeddler, or either the User or GeniusPeddler. All Terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, for the express purpose of meeting the User’s needs in respect of provision of GeniusPeddler’s Services and/or products, in accordance with and subject to, prevailing Maryland and United States law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

  1. About GeniusPeddler

GeniusPeddler is a web-based service available at  www.geniuspeddler.com that allows You to use software developed by Blue Water Media and owned by GeniusPeddler, LLC. GeniusPeddler is offered as a software as a service designed to provide consignment retailers a cost effective point of sale and tracking web application.

  1. Registering Your Account

Registration Data. To use the Service, You must complete and submit an online registration form (the “Registration Form”). As part of this registration process, You agree to: (i) provide certain limited information about Yourself as prompted to do so during the registration process or thereafter by the Service (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data (the “Registration Data”). GeniusPeddler may have limited access to data that may be stored, created, shared, or displayed through the Service, which shall be used solely for the purpose of delivering the Service. GeniusPeddler’s Privacy Policy describes how data may be collected, used and disclosed. You may not register for any Service if You are under 18 years of age. By registering, You represent to GeniusPeddler that You are 18 years of age or older. If GeniusPeddler discovers that any of Your Registration Data is inaccurate, incomplete or not current, or if GeniusPeddler determines, in its sole discretion, that You are not an appropriate subscriber or user of the Service, GeniusPeddler may immediately terminate Your right to access, receive, use and license the Service and its related software.

Personally Identifiable Information. When accessing the website and using the Service provided by GeniusPeddler hereunder, it may be possible for You to exchange limited personally identifiable information (“PII”) with GeniusPeddler. Your assent to these Terms constitutes an express understanding and agreement that when PII is provided to GeniusPeddler in connection with the Services, through the GeniusPeddler website, or otherwise under these Terms, such PII may be maintained and/or processed in the United States by GeniusPeddler, as GeniusPeddler’s Service, software and website are provided via equipment and other resources located in the United States.

  1. Using Your Account

License Grant. GeniusPeddler hereby grants You a limited, nonexclusive, non-transferable, right and license to access, use, execute and deploy the Service and its related software for the applicable subscription term subject to the restrictions set forth in these Terms. The Service is owned and operated by GeniusPeddler and provided to You on a subscription basis; GeniusPeddler is not transferring ownership or title to the Service to You.

The Service is made available solely for use by You and only according to these Terms. Any reproduction, resale or redistribution of the Service that is not in accordance with these Terms is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The license granted hereunder may not be transferred by You to any third party and is non-exclusive.

You acknowledge that the Service and related software are proprietary to GeniusPeddler and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You may not remove any proprietary notices or labels from the Service. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Service to a human-readable form. You may not reproduce, distribute or create any derivative works based on the Service without expressly being authorized in writing to do so by GeniusPeddler. Further, You may not rent, lease, grant a security interest in or otherwise transfer any rights to the Service. All rights not expressly granted in these Terms are reserved to GeniusPeddler and its suppliers.

The license granted hereunder entitles You to receive any and all standard updates and support that GeniusPeddler provides to all users of its Service, generally. Notwithstanding the previous sentence, GeniusPeddler reserves the right to charge all of its users fees for any future versions of, or premium (i.e., charged for) upgrades to, the Service. You understand that GeniusPeddler may update or modify the Service and related software at any time, but is under no obligation to inform You of any such updates or modifications. For the avoidance of doubt, unless GeniusPeddler chooses to provide such updates or modifications to all of its users, these Terms do not grant You any right, license or interest in or to any premium or “VIP” support, maintenance, improvements, modifications, enhancements or upgrades to the Service or their related software. To the extent that GeniusPeddler supplies any updates or upgrades to You, they will be deemed to be subject to these Terms, unless GeniusPeddler indicates otherwise.

ANY AND ALL CONTENT ON THE WEBSITE, SOFTWARE AND COMPUTER PROGRAMS ASSOCIATED WITH THE SERVICE ARE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION OR CONTENT ON SUCH WEBSITE, SOFTWARE AND COMPUTER PROGRAMS MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM GENIUSPEDDLER. YOU AND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON SUCH WEBSITE, SOFTWARE AND COMPUTER PROGRAMS FOR ANY PUBLIC OR COMMERCIAL PURPOSE.

Content Disclaimer. You understand that when using GeniusPeddler You may be exposed to Content from a variety of sources and that GeniusPeddler is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against GeniusPeddler with respect thereto. GeniusPeddler does not endorse any Content or any opinion, recommendation or advice expressed therein, and GeniusPeddler expressly disclaims any and all liability in connection with Content.

User Representations and Warranties. You are solely responsible for the content of Your computer(s) and Your GeniusPeddler account and any transmissions made when using the Service. Your use of the Service is subject to the Terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). When using the Service You hereby agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) not to use the Service to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Service for any illegal purposes; (iv) not to delete from the Service or its related software, documentation or any GeniusPeddler website used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that You do not own or have express permission to modify; (v) not to use the Service to interfere or disrupt any other networks connected to the Service; (vi) not to use the Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to use the Service to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. You shall not access or use someone else’s GeniusPeddler account at any time, without first obtaining the permission of the account holder. You agree that You are responsible for all actions and inactions of Your employees, agents, members, representatives, consultants, or any other third party that You allow to access Your GeniusPeddler account, and You agree to use commercially reasonable efforts to monitor such third party users. GeniusPeddler reserves the right to disable Your account or take any other action that GeniusPeddler in its sole discretion deems necessary or appropriate in the event that GeniusPeddler has reason to believe that Your conduct while using the Service has violated these Terms.

Statement of Policies. GeniusPeddler disclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by User. In the event GeniusPeddler receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by User violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, GeniusPeddler reserves the right to immediately remove the Content without notice to User and without any obligation to investigate an allegation of infringement. GeniusPeddler further reserves the right in its sole and unfetted discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by a User, without prior notice to User.

Account Passwords & Security. The Service provided by GeniusPeddler hereunder require You to use an email address to create a username and choose a password for access to Your GeniusPeddler account (for security purposes, GeniusPeddler recommends choosing a password for the Service that is different from the username and password to Your computer). To keep the Service secure, You should keep all usernames and passwords confidential. Access to, and use of, password-protected and/or secure aspects of the Service are restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. GeniusPeddler is not liable for any loss incurred by You resulting from another’s use of Your account, as may be applicable, either with or without Your knowledge. However, You may be held liable for losses incurred by GeniusPeddler or another party due to another’s use of Your account, as may be applicable, either with or without Your knowledge. You agree to immediately notify GeniusPeddler of any unauthorized use of Your account or any other suspected breach of security known to You, including if You believe that Your password and/or account information has been stolen or otherwise compromised.

Sellers will gain access to GeniusPeddler after a Store Owner adds the Seller’s information to the Store Owner’s existing subscription. The Store Owner will provide the Seller’s name, phone number and email address. The Seller will receive an email from GeniusPeddler, to the email account provided by the Store Owner, which will include a link. The link will allow the Seller to create an account with GeniusPeddler.

If a Seller is added by multiple Store Owners, the Seller will receive an email with a link attached, each time he or she is added to a Store Owner’s Subscription. The Seller will click on the link and be routed to the GeniusPeddler site where he or she will enter their current username and password. The Seller’s account will then be linked with each store.

The Seller’s account has limited access. The Seller will only be able to view/track the sale of their items in the stores to which they are linked.

  1. Subscriptions, Payment Terms, Fees and Renewals

Types of Subscriptions. GeniusPeddler offers Store Owners a Monthly and Annual subscription for the use of GeniusPeddler point of sale OR Sellers a Monthly subscription for email notifications. Store Owners choose the type of subscription to which they wish to subscribe, on the Account page of this website. Prices of subscriptions are subject to change at any time. Price changes will go into effect on the next billing cycle for users with month-to-month subscriptions. Users with annual subscriptions will be subject to the new price after the expiration of their current annual subscription. Additionally, promotions will be offered from time to time, which could result in varying subscription prices.

Payment of Month-to-Month Subscriptions. In the event that Your subscription to a Service is on a monthly basis, payment of the subscription fee must be made by preauthorized credit card charge or direct debit only. Your subscription will automatically renew each calendar month unless You provide GeniusPeddler with notice of non-renewal during the prior calendar month. Notice of non-renewal can be made by selecting the non-renewal option on the Account page of this website. You will automatically be charged the applicable monthly subscription fee for each month or partial month that Your month-to-month subscription is in effect.

Payment of Annual Subscriptions. In the event that Your subscription to the Service is for a year, payment of the subscription fee must be made by preauthorized credit card charge or direct debit only. Your subscription will automatically renew at the beginning of each subsequent anniversary year unless You give GeniusPeddler notice of non-renewal prior to the anniversary of Your subscription start date. Notice of non-renewal must be made by selecting the non-renewal option on the Account page of this website. You will automatically be charged the applicable annual subscription fee for each year or partial year that Your annual subscription is in effect.

Cancellations. Notwithstanding any provision of these Terms or any course of dealing between the parties, You may cancel Your use of this Website’s services and/or terminate Your subscription with or without cause at any time by providing notice to GeniusPeddler; provided however, that a terminated subscription may continue to exist for a reasonable period of time before such cancellation takes effect in order for GeniusPeddler to process the termination. You may terminate Your account ONLY in the manner set forth in this section. In order to terminate Your Store Owner account, You must select the termination option on the Account page of this website. In order to terminate Your email notification subscription, You must opt-out of email email notifications on the Profile page of your account.  You will have access to the Service until the end of Your pre-paid subscription. It is Your responsibility to back-up or save Your information before the end of Your pre-paid subscription. The data may be removed from the server at the end of Your pre-paid subscription.

Credit Card Authorization. In the event that You cancel the credit card provided to GeniusPeddler to pay for the Service or the card expires or is otherwise terminated, You must immediately provide GeniusPeddler with a new valid credit card number. You authorize GeniusPeddler, from time to time, to undertake steps to determine whether the credit card number provided to GeniusPeddler is a valid credit card number. In the event that You do not provide GeniusPeddler with a current valid credit card number with sufficient credit upon request during the effective period of these Terms, You will be in violation of these Terms. You hereby authorize GeniusPeddler to automatically update Your credit card information using software designed for updating purposes.

Payment Due. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Taxes. You agree to be responsible for and to pay any and all taxes, levies, or duties imposed by taxing authorities. All GeniusPeddler fees are exclusive of all such taxes, levies or duties.

  1. Involuntary Termination of Subscription

GeniusPeddler may, in its sole discretion, immediately terminate Your account, subscription, license and right to use the Service if (i) You fail to make timely payments of subscription fees as required for access to Your account or You declare bankruptcy, are involved in any bankruptcy proceedings or are otherwise insolvent; (ii) You breach these Terms; (iii) GeniusPeddler is unable to verify or authenticate any information You provide to GeniusPeddler; or (iv) GeniusPeddler decides, in its sole discretion, to discontinue offering the Service to its users. GeniusPeddler shall not be liable to You or any third party for termination of the Service or Your use of the Service. Upon expiration or termination for any reason, You shall no longer be authorized to use the Service. When Your access to the Service is terminated and/or Your subscription is cancelled, You will no longer have access to data and other material that You may have stored in connection with the Service and that material may be deleted by GeniusPeddler. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law shall survive any termination, expiration or rescission of these Terms.

  1. Authorization to Contact You

You agree to receive calls, including autodialed and/or pre-recorded message calls, from GeniusPeddler at any of the telephone numbers (including mobile telephone numbers) that we have collected for You as authorized and described in our Privacy Policy, including telephone numbers that You have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, You consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact You at a mobile number or device. You agree we may contact You in the manner described above at the telephone numbers we have in our records for these purposes:

To contact You for reasons relating to Your account or Your use of our Services

(such as to collect a debt, resolve a dispute, or to otherwise enforce our User

Agreement) or as authorized by applicable law

To contact You for marketing, promotional, or other reasons that You have either

previously consented to or that You may be asked to consent to in the future.

We may share Your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with You. These service providers may also contact You using autodialed or prerecorded messages calls and/or SMS or ther text messages, only as authorized by us and in accordance with controlling state and federal law, to carry out the purposes we have identified above, and not for their own purposes.

  1. GeniusPeddler is Available “As-Is”

Though we want to provide a great service, there are certain things about the service that we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GeniusPeddler will have no responsibility for any harm to Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the website or services. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to You.

  1. Disclaimer of Warranties

Although GeniusPeddler strives to make the website, the content, and the features, materials, applications, and services provided through this website reasonably helpful, useful, reliable, and current, You understand and agree that Your access to and use of the website, the content, and all materials, products, and services available through the website and GeniusPeddler are at Your own initiative and risk. GeniusPeddler does not promise, covenant, represent, warrant, or guarantee that You or any other use of the website will obtain any particular or tangible result or goal through the use of the website, or obtain any other product or service in connection with the use of the website. It is solely Your responsibility to take appropriate precautions to ensure that information, materials, software, or data that You submit to or through the website or GeniusPeddler, or that You access, use, download, or otherwise obtain on or through the website or GeniusPeddler, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. YOUR USE OF THE SITE AND SITE PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE SITE AND THE PRODUCTS AND SOFTWARE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GENIUSPEDDLER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SITE PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR SITE PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SITE PRODUCTS AND SOFTWARE WILL BE CORRECTED. GENIUSPEDDLER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SITE PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. GENIUSPEDDLER PROVIDES THE SITE AND SITE PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SITE OR SITE PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT THE SITE WILL HAVE ADEQUATE CAPACITY FOR SITE PRODUCTS AS A WHOLE. GENIUSPEDDLER DOES NOT WARRANT THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL AVAILABLE OR ACCESSIBLE THROUGH THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

  1. Limitation of Liability

IN NO EVENT SHALL GENIUSPEDDLER, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, REPRESENTITIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE WEBSITE, THE CONTENT, OR THE INFORMATION, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR THROUGH GENIUSPEDDLER; (B) THE USE, COPYING, OR DISPLAY OF THE WEBSITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE OVER THE INTERNET; (C) GENIUSPEDDLER’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE WEBSITE, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY GENIUSPEDDLER OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU RO ANY THIRD PARTY, IN CONNECTION WITH THE WEBSITE OR ITS USE. UNDER NO CIRCUMSTANCES SHALL GENIUSPEDDLER, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THRID PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF GENIUSPEDDLER, EVEN IF GENIUSPEDDLER WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF GENIUSPEDDLER, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF GENIUSPEDDLER, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THRID PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE USE OF THE WEBSITE, GENIUSPEDDLER AND SUCH PARTIES’ CUMULATIE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.00.

  1. Indemnity

You agree to indemnify, defend and hold GeniusPeddler, including our affiliates and subsidiaries, and our and their respective officers, directors, members, employees, agents and representatives, harmless from and against any and all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable legal fees), brought by any third party in connections with or arising out of content, data, or information that You submit, post to, or transmit through the Website or GeniusPeddler, Your access to and use of the Content, the Website, and other materials, products, and services available on or through the Website and GeniusPeddler, Your violation of these Terms, or Your breach of any law or the rights of a third party. We reserve, and You grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by You hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

  1. Release

If You have a dispute with one or more users, You release us (and our affiliates and subsidiaries, and our and their respective officers, directors, members, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.

  1. Miscellaneous

These Terms and the Privacy Policy referenced herein, collectively constitute the entire agreement with respect to Your access to and use of the website, content, materials, products and services available on or through the website or through GeniusPeddler. You agree that You shall not contest the admissibility or enforceability of GeniusPeddler’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer rights, remedies, or benefits upon any person or entity other than You and GeniusPeddler. GeniusPeddler may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of GeniusPeddler. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which You are accessing the website and any other jurisdiction whose laws apply to You or Your actions. You agree that You will not access or use the website or Service or any other information or materials on the website in violation of the aforementioned laws or these Terms.

We may update these Terms from time to time and may amend them at any time to incorporate additional Terms specific to additional features, applications, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect You, as Your continued use of the Website signifies Your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Website and its content, at any time, without prior notice to You. The version of these Terms posted on this Website on each respective date You visit the Website shall be the Terms applicable to Your access to and use of the Website on that date. Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of the Terms and the Privacy Policy which were in force on each respective date You visited the Website.

  1. Choice of Law and Forum

These Terms shall be governed and construed in accordance with the laws of the State of Maryland. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or Your use of the Website shall be filed only in the state or federal courts located in the State of Maryland, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

  1. Questions Regarding these Terms

Please contact us with any questions regarding the website, Service or these Terms by e-mail at  support@geniuspeddler.com.

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