Dated August 18, 2013
Welcome to Genbook, Inc.
Please review this user agreement carefully.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. ACCEPTANCE OF TERMS
2. SCOPE OF AGREEMENT
3. CHANGES TO THE SERVICES
4. SCHEDULING AN APPOINTMENT
You agree that any credit card information you provide through the Services is valid and that you have authority to authorize payments from such credit card.
Once an appointment has been scheduled through the Services, you agree to contact the Genbook Business with whom you made the appointment directly regarding any questions you may have about your appointment, and for any changes or cancellations you may need to make regarding your appointment.
Genbook reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the Genbook Business with which you have scheduled an appointment, and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Genbook websites. Notices will be deemed effective at the time they are sent by Genbook or as of date they are posted, regardless of whether you actually read any such notices. You also consent to being contacted by any Genbook Business with whom you schedule an appointment, for purposes of confirming your appointment or for other reasons relating to your appointment. Any such Genbook Business may contact you through any of the means you provided during the scheduling process, such as via your telephone number or email address.
You understand that your use of the Services is free of charge. Genbook reserves the right, at any time and at its discretion, to change the pricing structure and any pricing terms. Any changes shall be posted on the Genbook website and will be effective immediately.
7. PERMISSION TO USE
You are responsible for your use of the Service and you agree that this use will be at your own risk.
8. INTELLECTUAL PROPERTY
Genbook retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “Genbook Intellectual Property”) that are the exclusive property of Genbook and/or its licensors. We do not transfer any rights in or to the Genbook Intellectual Property to you.
Content of the Services that incorporates or includes any of the Genbook Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Genbook or the rightful owner, as applicable.
9. USER RESPONSIBILITIES
It is your responsibility to use the Services properly. If you cannot honor any appointment scheduled through the Services, you agree to promptly communicate such change to the Genbook Business with whom you made such appointment.
You are also responsible for all equipment required to access the Services, including (but not limited to):
- a properly configured computer with broadband Internet access;
- a functioning and valid email address;
- any other equipment needed to access the Services.
When using the Services you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject.
10. USE OF THE SERVICES
You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
- Use the Services through unauthorized interfaces or protocols;
- Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
- Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
- Remove, obscure or alter any notices or indications of rights in or to the Genbook Intellectual Property;
- Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Genbook servers;
- Take any action that imposes an unreasonable or large load on our infrastructure;
- Upload invalid data, viruses, worms, or other harmful software to the Services;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Genbook;
- Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
Impersonate any person or entity in order to use, or through use of, the Services.
11. DMCA NOTICE
Genbook believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Genbook’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Genbook website;
- Information reasonably sufficient to permit Genbook to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Name: Roderick Moore
Attn: DMCA Notice
548 Market Street
San Francisco, California 94104
tel: (415) 227-9903
fax: (415) 227-9904
12. USER SUBMISSIONS
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Genbook (“Content”) or by other users of the Services (“User Submissions”) to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Genbook, you grant Genbook the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Genbook’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Genbook for any claim regarding Genbook’s use of your User Submissions.
Genbook does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Services, you may be exposed to User Submissions from a variety of sources, and Genbook is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
13. THIRD PARTY SITES AND SERVICES
The Services may contain links to or allow you to access and use in connection with the Services third party websites and services (collectively, “Third Party Sites and Services”). Genbook does not control, review, approve, monitor or warrant such Third Party Sites and Services and is not responsible for nor can guarantee the content of such Third Party Sites and Services. Unless otherwise explicitly stated, the inclusion of any Third Party Sites and Services in the Services or on the Genbook website does not imply any endorsement by Genbook of the Third Party Sites and Services or any association with their operators. You use all Third Party Sites and Services at your own risk. The applicable third party’s terms and policies, including the third party’s privacy and data gathering practices, apply to the Third Party Sites and Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites and Services.
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.
15. OUR RESPONSIBILITIES
16. SOLE REMEDY
Your only remedy for any dispute with Genbook is to stop using the Services.
19. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
20. NO WAIVER
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
21. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. GENBOOK DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES OR PLACES, THAT GENBOOK WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, GENBOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. GENBOOK DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OFFERS PROVIDED TO YOU THROUGH THE SERVICE WILL BE ERROR-FREE.
GENBOOK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SITES AND SERVICES, AND GENBOOK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT GENBOOK WILL NOT BE LIABLE, AND YOU AGREE NOT SEEK TO HOLD GENBOOK LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF THIRD PARTY SITES AND SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
THE SERVICES ARE OFFERED BY GENBOOK FROM THE UNITED STATES OF AMERICA. GENBOOK MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
22. LIMITATION OF LIABILITY
IN NO EVENT SHALL GENBOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY OFFERS PROVIDED THROUGH THE SERVICE), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, AND (IX) THIRD PARTY SITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
THE FOREGOING EXCLUSION OR LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.