Effective Date of Current Policy: October 15, 2016
Our Policy on Safeguarding Your Personal Information
We may from time to time update this Policy to reflect changing technology and other factors. We will notify you of changes to the Policy by posting the updated Policy on this page. We ask that you bookmark and periodically review this page to ensure that you remain familiar with the most current version of the Policy. You can determine when this Policy was last revised by checking the ‘Effective Date of Current Policy’ legend at the top of the Policy.
The Site collects two basic types of information during your visits to our Site.
First, we collect non-personally identifiable information. This is general information that cannot be traced to individuals and contains no personalized data, think of it as a simple census form. When visitors come to our Site, we collect and aggregate information indicating, among other things, which pages of the Site were visited, the order in which they were visited and which links on the site were clicked by visitors. We use this information in making modifications and improvements to the site to provide you, the user, with both a smoother and more efficient shopping experience.
We also use non-invasive “cookies” and other tracking technologies to collect non-personally identifiable information which we then use to provide you with an easier shopping experience. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser. These cookies do not track other websites you might visit and they do not plant malware on your computer. Our non-invasive cookies simply make it possible for us to recognize your browser once you visit our Site. By doing this, we can personalize your return visits and save you time during checkout. Your browser must be set to accept cookies in order for you to enjoy the benefits of being a registered user of the Site. If you are uncomfortable with the cookies on your computer, you can always remove them by accessing the options menu of your browser. Please refer to your browser’s help menu for more specific directions if needed.
Second, we collect personally identifiable information as needed to fulfill your order. In general, our Site uses an order form (shopping cart) and a registration form so that you can request information, products and services from us. These forms require that you provide us with personally identifiable information, such as your name, email address, physical address, telephone number and credit card number, to receive the requested services or products.
Please take some time to familiarize yourself with the different ways that the Site uses the information that we gather. Keep in mind, while we encourage all third parties involved in running our business to adhere to our policies regarding the privacy of our visitors and to handle personally identifiable information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from the Site or independently.
Non-Personally Identifiable Information
The Site uses non-personally identifiable information, such as your IP address and the pages that you visit on our Site, to help diagnose problems with our servers and to administer our Site and improve Site-related services and features. Your IP address and other non-personally identifiable information also may be used to gather broad demographic information and to recognize customer traffic patterns and Site usage trends. This information aids us in developing the design and layout of the Site.
Personally Identifiable Information
The Site uses personally identifiable information collected from you to complete transactions initiated by you, particularly the sale and delivery of products and services. Your personally identifiable information is also used to get in touch with you when necessary regarding questions about any order you might place. We may also use personally identifiable information to contact you to make sure you are satisfied with our goods and services or to find out how we can serve you better. Your decision to participate in any survey or questionnaire about this is completely voluntary.
Financial information (credit card numbers, credit card expiration dates, billing address and so forth) is used solely to bill you for products and services and we make every effort to keep your information secure from theft or fraud.
You may, from time to time, receive information from us regarding new features, new products and services and special offers, or newsletters we think you’ll find valuable.
The Site also may use your personally identifiable information to “pre-populate” forms that are used by the Site to facilitate transactions with us and save you from entering every data field on the checkout.
We work with third parties who provide services, including but not limited to website hosting, order processing and fulfillment, credit card clearance, data analysis, emailing and other services of an administrative nature. Personally identifiable information, including financial information , is shared with such third parties for the purpose of providing you services or products and is limited to the intended purpose only.
Subject to applicable law, we reserve the right to release information concerning any Site visitor where such visitor is believed to be in violation of his or her obligations to us, is partaking (or is suspected of partaking) in any illegal activity, in response to civil subpoenas and discovery requests, to protect the interests of the Site, our customers or others, and as otherwise permitted or required by law as regards to these special cases.
The Site seeks to use reasonable security measures to help protect against the loss, misuse and alteration of personally identifiable information that is under our control. While no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure, we seek to protect your personally identifiable information through several sources. First, all personal information is encrypted within our databases. Second, customer credit card numbers are not visible in their entirety (1111 x x x x x x x 1111). Third, we use a security monitoring company named Trustwave. Trustwave is approved by Visa™ and Mastercard™ for assuring them that data is being handled securely. We cannot guarantee the means by which information is transmitted between your computer and the Site servers, or any information provided to us or to any third party through or in connection with the Site. You provide all such information at your own risk, but please remember that these risks can be minimized by using responsible browsing habits such as the use of anti-virus software and similar protection measures.
If you have signed up for an account with the Site, you may update your mailing address, email address, name changes or telephone number by clicking “my account” located at the top of the page. This takes you to a page with your account information and preferences. Please take the time to make sure your information is accurate for timely delivery as well as keeping your mailing preferences updated.
If you have any questions about this Policy, the data collection and usage practices of this Site, or your dealings with this Site, or if you wish to report a violation of this Policy, you can contact us by clicking the link below.
TERMS AND CONDITIONS
LAST UPDATED: October 15, 2016
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS
By registering and using Sexualintimacymatters.com (referred to as the “Site”), you agree to these Terms and Conditions and the general principles for the Site regardless of whether you have read through all of the applicable terms. Gen71 LLC owns and manages the operation of Sexualintimacymatters.com. As used in these Terms and Conditions, “Site”, “us” or “we” refers to Gen71 LLC., Sexualintimacymatters.com and its subsidiaries and affiliates.
WE RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You must accept all of the terms in these Terms and Conditions before you become a registered user of the Site. By accepting these Terms and Conditions, you agree that these Terms and Conditions will apply whenever you use the Site or any service or business offered on the Site. In addition, you will also be subject to any additional terms and guidelines applicable to any such separate service and business (which, if inconsistent with these Terms and Conditions, shall control). If you do not agree with any of these Terms and Conditions, including any linked documents, do not use the Site.
We reserve the right to make changes to these Terms and Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms and Conditions and all linked documents. You can determine when these Terms and Conditions were last revised by referring to the ‘LAST UPDATED’ legend at the top of these Terms and Conditions. Your continued use of the Site will indicate your acceptance of the current Terms and Conditions; but any material change to these Terms and Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms and Conditions that arose prior to the applicable ‘LAST UPDATED’ date in which we included such material change.
We may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
When you visit the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that the site provides to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
You are required to register with the site in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or email address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your username and password are for your Business use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The site reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
This Site reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms and Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. You are required to bring your account current for any open charges due us. Should you be eligible to receive a refund of a credit balance, we will return funds after 30 days to insure all funds due to us are collected. Upon termination, all provisions of these Terms and Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities and all indemnities shall survive such termination.
Account owners may not sell their accounts to another party without the express written consent of Gen71 LLC.
Gen71 LLC makes available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), DEBIT CARDS or PAYPAL™ ACCOUNT UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the site the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply Gen71 LLC or Gen71 LLC Entities’ endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. The Site reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
INTERNATIONAL ORDERING & SHIPPING
All international orders MUST be paid via wire transfer. For orders less than $1000, we also accept payments via Paypal™. Once an order history is available, the Site may elect to elevate the status of your account to accept payment by credit card. We assume NO responsibility for your shipments once they have left our warehouse. We accept no responsibility if your items are opened, damaged, and or confiscated by the customs agents in your country. The customer is responsible for all freight charges, insurance, handling charges and customs fees.
The Site may assess a 25% restocking fee and all applicable freight and handling charges will be debited to your account for refused/returned orders. If the fault is with the Site, the order will be fully credited or reshipped at our expense. For drop shipping, if the mail courier fails to locate your address we assume NO liability for failed shipments and you agree to pay all return shipping costs, re-shipping costs, or other related fees due to the non-delivery of the shipment.
Effective January 1, 2013, UPS has implemented an address verification system. If they are required to change an address to make delivery, they will assess a fee of $12.00. Additionally, if UPS is required to intercept a package in route, they will assess an additional fee of $16.00. These additional fees will be charged to your account/credit card.
Items sold by the Site are sold as adult novelties. There may be items in our inventory that are not legal in your city, county, state and or country. It is your responsibility and obligation to check local, county, state and country laws and ordinances before ordering, we assume no responsibility for items ordered by you that are deemed illegal by your place of origin.
By ordering our products you hereby agree to hold Gen71 LLC and Sexualintimacymatters.com and its affiliates and officers completely harmless for any and all legal matters, fees and or damages to your business perceived or otherwise, including attorney’s fees, that would arise out of any use of our products or services.
By using the Site, you acknowledge you are at least 18 years of age and/or have the legal right to possess adult material in your community.
All goods sold through this site are sold as ‘novelty goods’. Customer agrees to hold Gen71 LLC, Sexualintimacymatters.com, and its affiliates, officers, employees and services providers harmless against any claim of injury caused by their use.
The Site strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, the Site cannot guarantee that your monitor’s display of any color will be accurate. Additionally, colors may vary in production.
AVAILABILITY, ERRORS AND INACCURACIES
If an item is out of stock, it cannot be purchased. The depiction of the product package you order may differ from the product package you receive.
The Site’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the availability of an item has been confirmed. The Site makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of the items on the Site may be described inaccurately or be unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including, product images, specifications, availability and services. The Site reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
Any merchandise not in stock will be automatically canceled, your will be notified and your credit card will be refunded in full for the purchase.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
Customs departments in each country often have regulations that should be investigated prior to placing orders; these may pertain to duty taxes and-or allowable items. The Site is not responsible for any additional expenses incurred or for the retention of your order by customs if it does not pass inspection and you will not be refunded. You are responsible for all expenses in these circumstances.
Sexualintimacymatters.com will accept Returns of defective or incorrect items only, but as a general guideline:
- Faulty goods – Contact us as soon as you have received information of a defective item for an RMA. You must send the item back to the specified return mailing address with a note describing the defect, and the order reference/ invoice number for the original purchase, as well as a copy of the packing slip and original packaging. At your preference, we will replace the item for you, or refund the full amount on your credit card.
- The DEFECTIVE goods must be in their original condition & original packaging.
- The DEFECTIVE goods must be received by us within 30 days from the day you receive your order.
NO UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
- (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
- (b) using the Site for unintended purposes or trying to change the behavior of the Site;
- (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
- (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- (e) forging any header or any part of the header information in any email or posting; or
- (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user).
Sending unsolicited and unauthorized email on behalf of the Site, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by the Site or generally publicly available browsers. Violations of system or network security will result in immediate termination of your account and may result in civil or criminal liability.
Further, you will not:
- (a) post, transmit, or otherwise make available through or in connection with the Site:
- Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” cracking,” or “phreaking”; or
- Any material, non-public information about a company without the proper authorization to do so;
- (b) use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
- (c) impersonate any person or entity, including without limitation any representative of Gen71 LLC; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
- (d) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site);
- (e) use the site to advertise or offer to sell or buy any goods or services without Gen71 LLC’s express prior written consent;
- (f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- (g) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- (h) remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the site;
- (i) frame or mirror any part of the Site without Gen71 LLC’s express prior written consent; or
- (j) create a database by systematically downloading and storing Site content.
You acknowledge that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing products, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of THE SITE or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site is the exclusive property of the Site and protected by U.S. and international copyright laws.
The Site and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of The Site’s or any third party’s intellectual property rights.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers. The Site is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by us of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES — GENERAL
While the Site attempts to ensure your access and use of the Site is safe, we cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY the Site ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. The Site MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE SITE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
THE SITE DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION COMES FROM THE PRODUCT MANUFACTURER OR SUPPLIER AND ON OCCASION MANUFACTURERS MAY IMPROVE THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
Material on this site may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without prior written permission of the copyright holder. All material is the property of Gen71 LLC and valid trademark and copyright protections will be enforced to the fullest extent.
The Site is facilitated by Gen71 LLC from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SITE OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE SITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SITE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION AND DEFENSE OF GEN71 LLC
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Gen71 LLC and its respective employees, directors, officers, agents, affiliates, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.
Except as explicitly stated otherwise, any notices you send to the Site shall be sent via email firstname.lastname@example.org. In the case of notices the Site sends to you, notices may be posted on the Site or sent to the email address listed in your profile in your account. Notice shall be deemed given 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient.
RULES FOR PROMOTIONS
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA. The laws of the State of Florida, govern all matters arising out of or related to these Terms and Conditions. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms and Conditions shall be the United States District Court for the District of Florida, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the District of Florida, then the exclusive forum and venue for any such action shall be the courts of the State of California located in Los Angeles County, and submit to the personal jurisdiction of that court.
These Terms and Conditions, including policies incorporated herein, constitute the entire agreement between you and the Site with respect to the Site. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Site with respect to the Site. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms and Conditions creates a relationship of agent and principal, partners, joint venture’s or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sub-license any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may also provide notice of changes to these Terms and Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about your use of the Site, please contact us with a detailed description at email@example.com and we will try to resolve it.