GenapSys, Inc. Terms of Use

Revised 6/23/2015

Welcome to the GenapSys, Inc. (“GenapSys” or “we”) website (“Site”). GenapSys provides access to the Site subject to the terms and conditions contained in these Terms of Use. Please read these terms carefully before using this Site. If you do not accept these terms, do not use this Site.

Use of This Site

GenapSys authorizes you to view and download the materials at this Site for your personal and non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may use the content on this Site only as a resource. You may not copy or post these materials on any network computer or broadcast the materials in any media. You may not modify the materials in any way or reproduce, publicly display, perform, distribute, transmit, or create derivative works from any of the materials on this Site. You may not transfer the materials to any other person unless you give them notice of, and they agree to accept, these terms and conditions

General Disclaimer, Limitation of Liability and Indemnification

No Warranties

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. GENAPSYS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE AND THE CONTENT AVAILABLE ON THIS SITE IS AT YOUR SOLE RISK. GENAPSYS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THIS SITE IS FREE OF VIRUSES. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

YOUR USE OF THIS SITE OR ANY CONTENT ON THIS SITE IS AT YOUR OWN RISK. GENAPSYS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS SITE, EVEN IF GENAPSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification

If you violate any terms of these Terms of Use or if you misuse this Site, you agree to defend, indemnify, and hold harmless GenapSys, its officers, directors, employees, agents, and licensees from any and all liability including costs, expenses, and attorneys' fees that arise out of or are related to your violation or misuse.

User Submissions

Certain areas of this website enable you to submit e-mails, or otherwise provide feedback or information to GenapSys. You agree that by submitting content:

  • you will not submit any information for which you do not have all necessary consents or authorizations to disclose;

  • you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;

  • you understand and agree that such content that is submitted to a feedback page will be deemed non-confidential; and

  • you grant to GenapSys the irrevocable right to use, copy, modify, publish, perform, transmit, and display such content via any media in accordance with these Terms of Use, and waive any moral rights you may have in such content. Subject to all applicable federal laws, GenapSys shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

Trademarks

The names, trademarks, logos, and service marks displayed on this Site (collectively, the “Trademarks”) are registered and unregistered trademarks of GenapSys and others. GenapSys, the GenapSys logo, GENIUS, and SimplePrep are trademarks of GenapSys, Inc. All other Trademarks that appear on this Site are the property of their respective owners. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of federal and state trademark laws. The Trademarks may not be used without the prior written consent of their respective owners.

Copyright

This Site is protected by United States and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of this Site, individual sections of the design or layout of this Site, or GenapSys logos without GenapSys' written permission.

Patents

Portions of our products are protected under patents, as well as patent applications pending in the U.S., with counterparts granted and pending in other jurisdictions around the world.

Breach

If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from this Site.

Termination

GenapSys may modify, suspend, or terminate your access to all or part of the Site, without notice, at any time and for any reason. You may discontinue your access to the Site at any time.

Access to Password Protected/Secure Areas

Access to password-protected and/or secure areas of this Site is limited to authorized users only and requires creation of an account. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Software and Downloads

Any software or material that is available to download from this Site is the copyrighted work of GenapSys, and any unauthorized use, reproduction, or redistribution of the software or material is prohibited.

Linked Websites

This Site may contain links to third-party websites that may have their own terms and conditions of use. Any links to third-party websites that may appear on this Site are provided only for convenience and information and in no way imply any affiliation, endorsement, sponsorship, or acceptance of any information or views provided on those linked websites. We are not obligated to review such third-party sites and do not control such third-party sites. Therefore, we have no responsibility or liability for the content and activities of these linked sites (or any products, services, or content available through the same). We encourage you to review the terms of use of any other website before using such website. Links to this Site may also be included on third-party websites. All links to this Site must be approved in writing by GenapSys.

Applicable Law

These Terms of Use and any and all actions, claims, disputes, or controversies relating to these Terms of Use, the use of this Site, or any materials therein shall be interpreted according to the laws of the State of California, United States of America, without regard to its conflicts of laws provisions. By using this Site, you expressly consent to the exclusive forum, jurisdiction, and venue of the state and federal courts of San Mateo County, California, United States of America, in such actions, claims, disputes, or controversies. GenapSys makes no representations that this Site is appropriate or available for use in locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export the materials at this Site in violation of United States export or other laws and regulations. If you choose to access this Site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Changes to our Terms of Use

We may modify these Terms of Use, in whole or in part, at any time and in our sole discretion. If we decide to change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use modification date above. Your continued use of this Site constitutes acceptance of these Terms of Use as modified.

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