Here's the deal. We've put in time and effort to make this service available. We hope that it is useful to you. To make it work, we need your agreement to our terms, which you accept by checking the "I Agree" box, before we can allow you to register for the service. If you decide at some time in the future you no longer want to agree to the terms, stop using the service or send us a cancellation notice.
Here is what you agree to do:
- Sign up for an account. You will need to give us accurate information about yourself --name, email address, telephone number, credit card (for premium accounts), and if you chose to share it, your head shot photo (not your avatar, pet, favorite flower, etc.).You create information like a log-on and password through marGenius.Only one account per user.
- Keep your log in information to yourself. It is your job to maintain the secrecy of your password and to limit access to your account to you and only you.
- Grant us a license to use the information you provide to us. You are the owner of the information you provide marGenius, but by using the service you will be sharing that information with us and with other users.By using the service, you grant us the right to use the information you provided to improve our business. That means that we may analyze, copy, modify, build on, combine, publish, distribute, process, compile, display and commercialize aggregated or derived information without any notice or payment of compensation to you.We will not sell to marketers any personally identifiable information (like your phone number or e-mail address) without your approval.
- The information you provide to us must belong to you and must be accurate. You control the type, source, and accuracy of the information you share through the service.It is up to you to make sure that you are entitled to submit and share the information.It is up to you to keep your information up to date.We cannot be responsible for messages that go awry because you didn't let us know that your e-mail address or phone number had changed.
- Only sign up for an account if you are a human being who is 18 or older.
- Let us send notices to you, then either read them or don't complain if you don't. We may place a banner notice at our sign-in page or send you an e-mail or text with information about your account or changes to this agreement.You agree that we may communicate with you that way and that we will not be liable if you don't get a notice because you failed to keep your contact information up-to-date.
- Acknowledge that you may share transferred data with your mobile carrier or other access provider. There are multiple users with multiple carriers who each have their own agreements.You know what you have agreed to with those carriers; we don't.It is your responsibility to make sure that the data packets of information you share with us do not put you in hot water with another service provider. Your use of our services may cause you to incur additional data charges with your mobile carrier - those charges are on your dime, not ours.
- Only use our services for lawful purposes. Don't use the service to defame, libel, stalk, spam or harm anyone else.Don't share information that is not yours.Don't violate import/export control laws.
Here is what we offer:
- Service.A platform to connect and interact with other users.
- An "as is" "as available" service.We are working to expand and improve the services.That means that the services are subject to change.We retain the right to change the services as we think best.
- The service is not warranted. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND EXPRESS WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF (a) MERCHANTABILITY, (b) FITNESS FOR A PARTICULAR PURPOSE, (c) TITLE, (d) ACCURATE DATA, AND (e) NONINFRINGEMENT.
- Your right to cancel.You may cancel/terminate the service at any time and for any reason by sending a notice to email@example.com.Because we already incurred the cost of getting you into the system, we don't provide refunds.
- Our right to terminate.We may restrict, suspend or terminate your account if, in our opinion, you abuse or misuse the service.Examples of misuse are infringing any intellectual property rights, using another person's account without authorization, creating multiple or false profiles, violating any of the "Do's and Don'ts" for using the service posted at www.margenius.com/howtouse .If we terminate your account, you lose access to the services.The terms of the Agreement contained in 3,4,7,8 ,10, 11, 14-22. paragraphsshall survive termination.
- Limitation on Liability.For users of our service with a free subscription, your right to cancel is your sole remedy against us.For users who have paid to subscribe to the service, damages are limited to three times the most recent monthly fee that you paid, if any, or US $100, whichever is less.We will not be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from the service.If we did not exclude these damages, we would have to charge you more to use the service or constrict the scope of how you could use the service.
- Applicable law; disputes. This Agreement is governed by Virginia law, regardless of your country or origin and notwithstanding any conflicts of law principles.All disputes will be resolved exclusively by a state or federal court serving the Fairfax County, Virginia area.Both you and we agree to submit to the personal jurisdiction of the courts located in the FairfaxCounty, Virginia area for the purpose of litigating any disputes between us.
- Severability of terms. If a court of competent jurisdiction determines that a term in this Agreement is illegal, void or unenforceable, the court may modify that term to render it enforceable and effective to the maximum extent possible to reflect our intentions, and the remainder of the Agreement will remain in place.
- Notices. Any notices to us (other than cancellation notices sent to the address provided in paragraph 12), should be sent to:
12587 Fair Lakes Circle, Suite 307, Fairfax, VA 22033
We will provide notices to you at the email address or physical address provided.We may also notify you via postings on www.margenius.com.
- Entire agreement. This Agreement is the entire, complete and exclusive agreement between you and us regarding the services. It supercedes all prior agreements and understandings, written or oral.
- Modifications to the agreement. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.margenius.com/terms. If you don't want to agree to the changes, you don't have to, but can instead cancel - see paragraph 12_.
- No waiver. Just because we choose to ignore a violation by you of these terms does not mean we cannot later decide to enforce a previously ignored violation or another violation like it.
- No injunctive relief. You will not seek or be entitled to rescission, injunctive or equitable relief, or to enjoin or restrain the operation of the services.
- No assignment by you.. You may not assign your rights or obligations under this Agreement, and any attempt by you to do so will be void.