Terms & Conditions 2020-01-18T22:36:06+00:00

TERMS & CONDITIONS

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND LEGAL RESOURCES.

This Universal Terms of Service Agreement (this “Agreement”) is entered into between Genicks.com, and you, and is effective as of the date you use this Website (“Site”) or electronic acceptance. This Agreement establishes the general terms and conditions of your use of the Site and of the products and services (individually and collectively, the “Services”) purchased or, which you access through the Site and added to, (not in lieu of ) any of the specific terms and conditions that correspond to the Services in particular.

If you are only browsing or using this Site or acquiring Services, the use of your part of this Site and the electronic acceptance of this Agreement means that you have read, understand, acknowledge and agree to be bound by this Agreement, together with the following policies and Applicable product agreements, which are incorporated herein by reference:

 

Contracts:

 

The terms “we”, “us” or “our” shall refer to Genicks. The terms “you”, “your”, “yours”, “User” or “customer” refer to any person or entity that accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be considered as conferring upon third parties, benefit or any right.

 

Genicks We will, at absolute discretion, change or modify this Agreement and the policies or contracts that are incorporated into it, at any time, and such changes or modifications will be effective immediately when published on this Site. Your use of this Site or the Services for which these changes or modifications were made will constitute your acceptance of the last revision of this Agreement. If you do not agree to be bound by this Agreement in accordance with the last revision, do not use (or continue to use) this Site or the Services. In addition, on occasion, Genicks may notify you of changes or modifications to this Agreement by email. Therefore, it is very important that you keep your buyer account information (the “Account”) up to date. Genicks We will not assume any responsibility if you do not receive an email notification if this inconvenience is due to the fact that the email address you provided is incorrect.

This Site and the Services are available exclusively to Users who may enter into binding contracts under the relevant legislation. By using this Site or the Services, you declare and warrant that (i) you are over eighteen (18) years old, (ii) that you are able to enter into legally binding contracts under current regulations, and (iii) that you do not have prohibited to buy or receive the Services that are under the laws of the United States or other applicable jurisdiction.

 

If you are entering into this Agreement on behalf of a corporate entity, you declare and warrant that you have the legal power to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “Yours”, “User” or “customer” will refer to such corporate entity. If, after your electronic acceptance of this Agreement, Genicks is found to have no legal authority to bind said corporate entity, you will be personally liable for the obligations contained in this Agreement, including, but not limited to, payment obligations. Genicks We will not be liable for any loss or damage resulting from Genicks’ conviction that any instruction, notice, document or communication that may reasonably be deemed genuine and originated by an authorized representative of the corporate entity. If there is reasonable doubt about the authenticity of any such instructions, notices, documents or communications, it reserves the right (but does not assume any obligation) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions registered by you, anyone acting as your agent and anyone using your account or the Services, whether or not authorized by you.

Accounts In order to access some of the features of this Site or the use of some of the Services, you must create an account. You declare and warrant to Genicks that all information you provide when you create your Account is accurate, current and complete, and that your Account information will remain accurate, current and complete. If you have reason to believe that your Account information is false, inaccurate, outdated or incomplete, you reserve the right, in your absolute discretion, to suspend or cancel your Account. You are solely responsible for the activity that occurs in your Account, whether authorized by you or not, and you must keep the information on it safe; including but not limited to your customer / login number, password, Payment Methods (as defined below) and, buyer identification number (PIN). For security reasons, it is recommended that you change your buyer password and PIN at least once every six (6) months, for each Account. You must notify immediately of any security breach event or unauthorized use of your Account. Genicks We will not be liable for any loss you may incur due to any unauthorized use of your Account. However, you will be liable for any loss that Genicks or third parties may suffer caused by your Account, whether caused by you or by an authorized person, or by an unauthorized person.

Data transfer overseas. If you are visiting this Site from a country other than the country in which the servers are located, your communications with us may result in the transfer of information (including information about your Account) across international borders. By visiting this site and communicating electronically with us, you consent to such transfers.

Subject to the terms and conditions of this Agreement and our policies and procedures, we will make all commercial efforts within our reach to attempt to provide this Site with the Services during the twenty-four (24) hours of the day, the seven (7) days of week. You acknowledge and agree that, from time to time, this Site may not be accessed or operated for any reason; including, but not limited to equipment failures; periodic repair or maintenance operations that we may occasionally carry out; or causes that are beyond our control or that we cannot reasonably anticipate, including, but not limited to, interruptions or failures in telecommunication or digital transmission links, hostile attacks to the network, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Site or the Service continuously or uninterruptedly and that we do not assume any responsibility towards you or third parties in this regard.

Genicks may eventually offer new Services (limited services provided or new attributions for existing Services) in pre-release versions. The new Services, new features to existing Services or limited prior services, individually and collectively, must be known as “Beta Services”. If you choose to use any Beta Service, the use is subject to the following terms and conditions:

  • You acknowledge and agree that the Beta Services are pre-release versions and may not work properly;
  • You acknowledge and agree that the use of the Beta Services could expose you to unusual risks of operational failures;
  • Beta Services are provided in the conditions in which they are found, so it is not recommended to use them in production processes or mission critical environments;
  • Genicks reserves the right to modify, change or discontinue any aspect of the Beta Services at any time;
  • The versions of the commercially launched Beta Services may change substantially, and the programs you use or run with the Beta Services may not work with commercially released versions or later versions;
  • Genicks may limit the availability of Customer Service technical assistance time dedicated to the help of Beta Services;
  • You acknowledge and agree to provide immediate comments about your experience with the Beta Services in a manner reasonably requested by us, including the information necessary to allow us to reproduce errors or problems you experience. In addition, you acknowledge and agree that we may use your comments for any purpose, including product development. At our request, you will provide us with comments that we can use publicly for press and marketing materials. All intellectual property inherent in your comments or derived from your use of the Beta Services will be the exclusive property of Genicks;
  • You acknowledge and agree that all information about the use of Beta Services, including your experience and opinions regarding Beta services, is confidential and may not be disclosed to third parties or used for any purpose other than to provide comments to Genicks;
  • Beta Services are provided “as is”, “as available” and “with all its failures”. To the extent permitted by law, Genicks disclaims all warranties, legal, express or implied, with respect to Beta Services including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and absence of infringement;

You acknowledge and agree that:

  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and with all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect, nor collect (nor allow anyone else to do so) the Content of any User (as defined below) as well as private or personally identifiable information about another User or any other person or entity, without the express and prior written consent from them.
  3. You will not use this Site or the Services in a manner that (as determined by Genicks at its sole discretion):
  • Be illegal, promote or encourage illegal activity;
  • Promote, encourage or get involved in child pornography or the exploitation of children.
  • Encourages, encourages or commits to terrorism, violence with people, animals or property;
  • Promote, encourage or participate in any sending of spam or other unsolicited mass emails, in hacking or violation of systems;
  • Violate the Online Pharmacy Consumer Protection Act of 2008 or similar legislation or, promote, encourage or engage in the sale or distribution of prescription drugs, without a valid prescription;
  • Infringes the intellectual property rights of another User or any other person or entity;
  • Infringes the privacy or publicity rights of another User or any other person or entity or, breaches any duty of confidentiality that you have before another User or another person or entity;
  • Interferes with the operation of this Site or the Services found there;
  • Contains or installs any virus, worm, programming error, Trojan horses or other codes, files or programs intended or capable of adversely affecting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or misleading language, or unsubstantiated or similar claims, in relation to Genicks or the Genicks Services.
  1. You will not reproduce or distribute by any means any fragment of this Site or the Services, except as expressly authorized by Genicks.
  2. You will not modify or alter any part of this Site or the Services found there, as well as any of its related technologies.
  3. You will not access Genicks Content (as defined below) or User Content through any technology or by any means other than through this Site, or in the manner indicated by Genicks.
  4. You agree to back up all your User Content, so that you can access it and use it when you need it. Genicks does not guarantee to endorse any Account or User Content, and you agree to accept as a risk, the loss of all of your User Content.
  5. You will not re-sell or provide the Services for commercial purposes, including any of Genicks’ technologies, without the express prior written consent of Genicks.
  6. You agree to provide a photo ID or a company ID issued by the government to verify your identity when requested.
  7. You are aware that Genicks may occasionally call you in relation to your account, and that, for the purposes of any such call, you have no reasonable expectation of privacy during calls; in fact, you hereby consent to Genicks, in its sole discretion, to record all such calls regardless of whether Genicks requests, in a particular call, the consent to record such call. You acknowledge and agree that, to the extent permitted by applicable law, any such recordings may be presented as evidence of any legal proceeding to which Genicks is a party.

Genicks reserves the right to modify, change or suspend any aspect of this Site or the Services, including without limitation the prices and rates for it, at any time.

In addition to the general rules above, the provisions of this Section apply specifically to your use of the Genicks Content and the User Content published for Genicks Corporate Websites (i.e., those sites that you directly control or maintain). The relevant provisions are not intended, nor the effect of transferring any ownership or license rights (including intellectual property rights) that you may have on the content published on your hosted websites.

Genicks Content. Except for the User Content, the content of this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and trademarks, trademarks, service and logos contained therein (“Genicks Content”), are owned or are subject to perpetual license from Genicks and to copyright, trademark, and / or patent protection in the United States and foreign countries, and other property rights intellectual under foreign laws and the United States. Genicks The Content is provided “as is”, “as available” and “with all its failures” for your information and only non-commercial personal use and may not be downloaded, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed or otherwise exploited for any purpose without the prior written consent of Genicks. This Agreement does not grant any right or license under any copyright, trademark, patent or other property or license right. Genicks reserves all rights not expressly granted in the Genicks Content, this Site and the Services, and this Agreement does not transfer ownership or any of those rights.

User Content Some of the functions of this Site or the Services may allow Users to view, publish, share, store or manage (a) ideas, opinions, recommendations or advice (“User Submissions”) or (b) literary, artistic content , musical or otherwise; including but not limited to photos and videos (along with User Submissions, “User Content”). The User Content includes all content presented through your Account. By posting or posting User Content to this Site or to the Services, you declare and warrant to Genicks that (i) you have all the necessary rights to distribute the User Content through this Site or through the Services, because you are the author of the User Content and has the right to distribute it, or because you have the appropriate distribution rights, licenses, authorizations, and / or written permissions to use the rights, granted by the author or other owner of the Content of the User, and (ii) the User Content does not infringe the rights of any third party.

Security. You agree not to bypass, deactivate or otherwise interfere with the functions related to the security of this Site or the Services found on this site (including without limitation those attributes that prevent or restrict the use or copy of any Genicks Content or Content of the Site). User) or impose limitations on the use of this Site or the Services found on this Site, the Genicks Content or the User Content on it.

The provisions of this Section specifically apply to the use of Genicks of the User Content published on the corporate websites of Genicks (for example: those sites that Genicks directly controls or maintains). The relevant provisions are not intended, nor the effect of transferring any ownership or license rights (including intellectual property rights) that you may have on the content published on your hosted websites.

 

Usually. You will be solely responsible for each and every one of your User Content or User Content that is sent through your Account and, for the consequences of its distribution and the requirements to do so.

Regarding the user’s submissions. You acknowledge and agree that:

  1. Your user submissions are completely voluntary.
  2. Your User Submissions do not establish a confidential relationship or force Genicks to treat your User Submissions as confidential or secret.
  3. Genicks has no obligation, express or implied, to develop or use its User Submissions, and it is not your responsibility or third party compensation for any intentional or non-intentional use of your User Submissions.
  4. Genicks may be working on the same or similar content, may already be aware of such content from other sources, or may simply wish to develop this (or similar) content on its own, or may have taken / will take some other measure.

 

Genicks must own the exclusive rights (including all intellectual property and other property rights) for any User Submissions published on this Site and shall be entitled to the unrestricted use and dissemination of User Submissions published on this Site for any commercial or commercial purpose. other type, without recognition or compensation to you or third parties.

Regarding User Content (other than User Submissions).

If you have a Website or other Content sponsored by Genicks, you will retain ownership or license rights to the User Content.

By posting or posting User Content on this Site or through the Services, you authorize Genicks to use the intellectual property and other proprietary rights of your User Content to enable the insertion and use of User Content in the manner provided by this Site and this Contract. You grant Genicks an international, non-exclusive, royalty-free, sub-licenseable license (through multiple levels) and transferable to use, reproduce, distribute, prepare derivative works of and combine with other works, display and perform your User Content on relationship with this Site, the Services, or businesses of Genicks (and affiliates of Genicks), including without limitation, for the promotion and redistribution of all or part of this Site in any media format and through the channels of the media without restrictions of any kind and without payments or considerations of any kind, or permissions or notifications, to you or third parties. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate as “private” or “password protected”) through this Site and to use, reproduce, distribute, prepare derivative works of, combine with other works, display and perform your (of you) User Content, in accordance with what is allowed through the functionality of this Site and under this Agreement. The aforementioned licenses granted by you on your User Content expire within a commercially reasonable period after the User Content is removed or removed from this Site. You understand and agree that, however, Genicks may retain (but not distribute, display or make) server copies of its User Content that has been removed or removed. The aforementioned licenses and granted by you in your User Content are perpetual and irrevocable. If you damage any content to the contrary herein, Genicks may not use any User Content that has been designated as “private” or “password protected” by you in order to promote this Site or Genicks (or Genicks affiliates).

Genicks generally does not subject the User Content to a prior check (either placed on a website hosted by Genicks or placed on this Site). However, Genicks reserves the right (but has no obligation) to do so and decides if any element of the User Content is appropriate or complies with this Agreement. Genicks may remove any element of the User Content (either placed on a website hosted by Genicks or on this Site) or terminate a user’s access to this Site or to the Services found there, by placing or publishing any material that violates this Agreement or for infringing it in another way (as determined by Genicks in its sole and absolute discretion), at any time and without prior notification.

Genicks may also terminate a user’s access to this Site or to the Services found there, if Genicks has reason to believe that the User repeatedly violates the rules. If Genicks terminates your access to this Site or the Services found there, Genicks may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

Genicks supports the protection of intellectual property. If you wish to file (i) a trademark claim for infringement of a trademark on which you have a valid and registered trademark or service mark or, (ii) a copyright claim for material over which you have a right In good faith, please refer to the Trademark Infringement Policy or Copyright of Genicks referred to above and available

This Site and the Services found there may contain links to third-party websites that are not owned or controlled by Genicks. Genicks assumes no responsibility for the content, terms or conditions, as well as for privacy policies or practices of any third party website.

In addition, Genicks does not censor or edit the content of any third-party website. By using this Site or the Services found there, you expressly exempt Genicks from any and all responsibilities arising from your use of any third party website. In accordance, Genicks recommends that you know, when you leave this Site or the Services found there and consult, the terms and conditions, the privacy practices and other governing documents of each of the other websites that you may visit.

YOU RECOGNIZE AND SPECIFICALLY AGREE THAT THE USE YOU MAKE OF THIS SITE AND THE SERVICES THAT ARE FOUND THERE WILL BE AT YOUR OWN ACCOUNT AND RISK AND THAT THIS SITE AND THE SERVICES THERE ARE FOUND ARE PROVIDED “AS IS”, “AS IS” AVAILABLE “AND” WITH ALL FAULTS “.GENICKS ITS OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS OF THIRD PARTY SERVICES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDED BY THE NON-WARRANTY WARRANTY TITLE. , TRADE, CONVENIENCE FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. GENICKS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DO NOT MAKE STATEMENTS OR GIVE WARRANTIES ABOUT (I) THE ACCURACY, INTEGRITY OR CONTENT OF THIS SITE, (II) THE ACCURACY, INTEGRITY OR CONTENT OF ANY OF THE SITES WITH WHICH IT IS LINK (THROUGH HYPERVINCLES, ADVERTISING WARNINGS OR OTHERWISE) TO THIS SITE OR (III) THE SERVICES THAT ARE FOUND IN THIS SITE OR ANY OF THE SITES WITH WHICH THE LINK IS MADE (THROUGH HYPERVINTS OF PUBLIC ANOTHER WAY) IN THIS SITE AND GENICKS DOES NOT ASSUME RESPONSIBILITY OF ANY KIND FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR ORAL OR WRITTEN ADVICE PROVIDED BY GENICKS, ITS OFFICIALS, DIRECTORS, EMPLOYEES OR AGENTS (INCLUDING, BUT NOT LIMITED TO YOUR REPRESENTATIVES OF THE CALL CENTER OR THE CUSTOMER SERVICE) THIRD PARTY SERVICES (I) WILL CONSTITUTE LEGAL OR FINANCIAL ADVICE NI (II) WILL CREATE A WARRANTY OF ANY KIND REGARDING THIS SITE OR THE SERVICES THERE ARE FOUND AND THE USERS SHOULD NOT BE SUPPLIED IN SUCH TYPE OF INFORMATION OR ADVICE.

THE PREVIOUS WAIVER OF DECLARATIONS AND GUARANTEES WILL BE APPLIED TO THE MAXIMUM OF THE PERMITTED BY LAW AND, WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USE YOU MAKE OF THIS SITE AND THE SERVICES THERE ARE.

UNDER ANY CIRCUMSTANCES GENICKS, ITS OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS AND PROVIDERS OF THIRD PARTY SERVICES WILL BE RESPONSIBLE BEFORE YOU OR BEFORE ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIFIC THAT MAY RESULT FROM (I) THE ACCURACY, INTEGRITY OR CONTENT OF THIS SITE, (II) THE ACCURACY, INTEGRITY OR CONTENT OF ANY SITE WITH WHICH THE LINK IS MADE (THROUGH HYPERLINKS, ADVERTISING WARNINGS OR OTHERWAYS) SITE, (III) THE SERVICES THAT ARE FOUND IN THIS SITE OR IN ANY SITE WITH WHICH THE LINK IS MADE (THROUGH HYPERLINKS, ADVERTISING OR OTHERWISE WARNINGS) TO THIS SITE, (IV) PERSONAL DAMAGES OR TO THOSE OF THE PROPERTY NATURE WHICH ARE, (V) CONDUCT OF THIRD PARTIES OF ANY NATURE, (VI) ANY UNAUTHORIZED ACCESS OR USE OF OUR SERVERS AND / OR ANY AND ALL CONTENT, PE INFORMATION RSONAL, FINANCIAL OR OTHER INFORMATION OR DATA STORED IN THEMSELVES, (VII) ANY INTERRUPTION OR TERMINATION OF THE SERVICES TO OR FROM THIS SITE OR ANY OF THE SITES TO WHICH THE LINK IS MADE (THROUGH HYPERVINCLES, NOTICE IN ANOTHER WAY) TO THIS SITE, (VIII) ANY VIRUSES, Worms, PROGRAMMING ERRORS, TROYAN OR SIMILAR HORSES, THAT MAY BE TRANSMITTED TO AND FROM THIS SITE OR ANY OF THE SITES TO WHICH THE LINK IS MADE THROUGH, THROUGH ADVERTISING OR OTHERWISE) ON THIS SITE, (IX) ANY CONTENT OR CONTENT OF USER THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO CHILDREN OR FOR ANY KIND PROTECTED, PORNOGRAPHIC, OF QUALIFICATION OR OTHERWISE OBJECTABLE OR (X) ANY LOSS OR DAMAGE OF ANY KIND IN WHICH IT IS INCURRATED AS A RESULT OF THE USE YOU MAKE OF THIS SITE OR THE SERVICES THAT ARE FOUND THERE, WHETHER THEY ARE BASED ON WARRANTY, CONTRACT, EXTRACONTRACTUAL ILLICITES OR ANY OTHER LEGAL THEORY OR EQUITY LAW AND WHETHER OR NOT THAT GENICKS HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY LEGAL ACTION MADE FROM OR RELATED TO THIS SITE OR THE SERVICES THAT ARE FOUND THERE SHOULD BEGIN WITHIN (1) YEAR AFTER THE TIME THE FACT IS PRODUCED; IN ANOTHER WAY THE ACTION WILL PRESCRIBE PERMANENTLY.

INCLUSIVE ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES THE TOTAL RESPONSIBILITY OF GENICKS WILL EXCEED THE AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE SUBJECT TO THE LEGAL ACTION.

THE ABOVE LIMITATION OF LIABILITY WILL BE APPLIED TO THE MAXIMUM PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS CONTRACT OR THE USE YOU MAKE OF THIS SITE AND THE SERVICES THAT ARE FOUND THERE.

You agree to protect, defend, indemnify and disclaim Genicks and its officials, directors, employees, agents and third-party service providers, from and against all claims, lawsuits, costs, expenses, losses, debts and damages of any type and nature (including, but not limited to reasonable attorney fees) imposed on, or incurred by Genicks directly or indirectly derived from (i) your use and access to this Site or the Services found there; (ii) your breach of any of the provisions of this Agreement or of the policies or contracts that are incorporated herein; or (iii) your violation of any third party right; including, but not limited to any intellectual property right or other property right. The indemnity obligations under this section will survive any termination or expiration of this Agreement or your use of this Site or the Services found therein.

You acknowledge and agree that your Payment Method may be charged by one of our affiliated entities, Genicks, Inc.

(a) GENERAL TERMS, INCLUDING THE TERMS OF AUTOMATIC RENEWAL

You agree to pay each and every one of the prices and fees due for Services purchased or obtained on this Site at the time you order them. Prices and charges are not refunded unless expressly stated otherwise in the Reimbursement Policy section below, even if your Services are suspended, terminated or transferred before the end of the Service period. Genicks expressly reserves the right to change or modify its prices and charges at any time and, such changes or modifications will be published online on this Site; they will be effective immediately without the need to send you any other notification. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and rates will be effective when the Services in question must be renewed.

Genicks does not declare or guarantee that the content available on this Site or the Services found on this Site, are appropriate in each country or jurisdiction and makes it clear that access to this Site or the Services found on this Site from countries or jurisdictions where its content is Illegal is prohibited. Users who choose to access this Site or the Services found therein are responsible for compliance with all local laws, rules and regulations.

If you have any questions about this Agreement, please contact us by email or common mail at the following addresses:

Genicks Legal Department

legal@genicks.com

Genicks, Inc
Attn: Legal Department
279 Mt Prospect Avenue Suite 38
Newark NJ 07104