Data Genesis Terms of Use

DATA GENESIS CORPORATION (“DG” or “We”) operates this website (“Site”) to provide online access to information about DG and the products, services, and opportunities we provide (“Service”). Please feel free to browse the Site, but please read these terms of use (“Terms of Use”) before doing so. References in these Terms of Use to “you” or “your” refer to you, the person requesting access to and use of the Site. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to herein as the “Agreement.” Information in the Site is subject to change without notice. In addition, DG reserves the right to modify this Agreement, make changes to the products described in the Site and prices for such products, at any time and from time to time without giving you prior notice. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Use of Site. You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about DG Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. DG reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

Electronic Communications. When you visit www.datagenesis.com or send emails to us, 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 this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright. You should assume that all content, materials, designs, graphics, text, photography and images (collectively, the “Materials”) contained on the Site are protected by U.S. and/or foreign copyright laws, and belongs to DG or its partners, affiliates, contributors or third parties. The copyrights in the Materials are owned by DG or other copyright owners who have authorized their use on the Site. You may download and reprint Materials for non-commercial, non-public, personal use provided you do not change any copyright, trademark, or other proprietary notice. Any such download and/or reprinting may be subject to additional restrictions, for example information from password restricted areas. Information regarding DG’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. DG makes no representation that the Materials included in the Site are appropriate or available for use in countries other than the United States. Those who do access the Site from other countries are solely responsible for compliance with local laws of that country. If you modify or use the Materials for any other purpose, you will be violating the intellectual property rights of DG. DG neither warrants nor represents that your use of the Materials will not infringe rights of third parties not affiliated with DG. Any unauthorized use of the Materials is strictly prohibited and is a violation of the rights of DG and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.

Trademarks. DG’s trademarks may not be used in connection with any product or service that is not part of DG, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DG. All other trademarks not owned by DG or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DG or its subsidiaries.

License and Site Access. DG grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DG. This license does not included any resale or commercial use of this Site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this Site of its contents: any downloading or copying of account information of the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copies, sole, resold, visited or otherwise exploited for any commercial purpose without express written consent of DG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DG and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing DG’s name or trademarks without the express written consent of DG. Any unauthorized use terminates the permission or license granted by DG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DG so long as the link does not portray DG, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DG logo or other proprietary graphic or trademark as part of the link without express written permission.

Links to Third-Party Web Sites. The Site may link to third party web sites or information not maintained by or related to DG and is provided solely as a convenience to you. If you use these links, you will leave the Site. Such hyperlinks do not constitute or imply an endorsement, sponsorship, or recommendation by DG of the third party, the third-party web site, or the information contained therein. DG is not responsible for the availability of any such web sites. DG is not responsible or liable for any such web site or the content thereon. Viewing all other sites is at your own risk. You may not create a link to the Site without first obtaining DG’s written permission. If you use the links to the web sites of DG affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Disclaimer of Warranties. WHILE DG USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION IN THE SITE, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS AS TO THE ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE WITH RESPECT TO SUCH INFORMATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS AND TECHNICAL ERRORS) WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. DG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. DG DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. DG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND DG HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability. Use of and browsing in the Site is done at your own risk. NEITHER DG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR BROWSING THE SITE, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT THEREOF. The foregoing limitation of liability shall apply to the maximum extent permitted by law. DG does not represent or warrant that your use of the Site will be uninterrupted; error free, secure, and free of viruses or other harmful components, or that any content is accurate or correct. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. In such states, DG’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless DG, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

Privacy. Information we obtain about you is subject to our Privacy Policy. For more information, please read the DG Privacy Policy. The Privacy Policy is incorporated herein by reference. You understand that through your use of the Site you consent to the collection and use of this information.

User Conduct. As a condition of your use of the Site, you represent and warrant to DG that you will not use the Site or any Materials for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site. It is up to you to take precautions to ensure that whatever Materials you select for your use is free of such items as viruses, worms, Trojan horses and other items of destructive nature. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. In the event that DG may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site. DG is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. DG will fully cooperate with any law enforcement authorities or court order requesting or directly DG to disclose the identity of anyone posting any such information or materials.

User Supplied Information. DG does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (a) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (b) you give DG the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

Unsolicited Idea Submission Policy. DG or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, concepts, services, processes, materials, graphics, photography, or new product names. We have found this policy necessary in order to avoid misunderstandings should DG’s business activities bear coincidental similarities with one or more of the unsolicited ideas offered to us. Please do not send your unsolicited ideas to DG or anyone at DG. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (a) your idea will automatically become the property of DG, without any compensation to you; (b) DG will have no obligation to return your idea to you or respond to you in any way; (c) DG will have no obligation to keep your idea confidential; and (d) DG may use your idea for any purpose whatsoever, including giving your idea to others. However, DG does welcome feedback regarding many areas of DG’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section.

Password Security. You are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your identification and password.

Enforcement/ Choice of Law/ Choice of Forum. This Site is controlled by DG from its offices in the state of Nevada, United States of America. DG makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this Site from other locations, you do so at your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of Nevada without regard to its conflict of law principles. You agree and herby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Las Vegas, Nevada, USA. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph. Any failure by DG to enforce any of its right under these Terms of Use or under applicable law shall not constitute a waiver of such rights. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, DG’s Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Nevada, without regard to any conflict of laws provisions.

General Provisions. (a) Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by DG of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default; (b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. DG therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. DG does not, however, guarantee that any errors, inaccuracies or omissions will be corrected; (c) If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect; (d) These Terms of Use set forth the entire understanding and agreement between you and DG with respect to the Site. You acknowledge that any other agreements between you and DG with respect to the Site are superseded and of no force or effect.

BY ACCESSING AND/OR USING ANY PART OF THE SITE, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN PLEASE DO NOT USE THE SITE.