Terms of Use and Conditions
These Terms of Use are effective on May 1, 2024. To access
our previous Terms of Use, please click
here.
By accessing or using the Ginicoe website, the Ginicoe
service, or any applications (including mobile applications) made available by
Ginicoe (together, the "Service"), however accessed, you agree to be
bound by these terms of use ("Terms of Use and Conditions"). The
Service is owned or controlled by Ginicoe Corporation
("Ginicoe"). These Terms of Use affect your legal rights and
obligations. If you do not agree to be bound by all of these Terms of Use and
Conditions, do not access or use the Service.
There may be times when we offer a special feature that has
its own terms and conditions that apply in addition to these Terms of Use and
Conditions. In those cases, the terms specific to the special feature(s)
control to the extent there is a conflict with these Terms of Use and
Conditions.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR
CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE
THAT DISPUTES BETWEEN YOU AND GINICOE WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT
OR CLASS-WIDE ARBITRATION.
1. Basic
Terms
1.1 You
must be at least 13 years old to use the Service.
1.2 You may not
post, publish, or display violent, nude, partially nude, discriminatory,
unlawful, infringing, hateful, pornographic or sexually suggestive photos or
other content via the Service.
1.3 You are responsible for any activity that occurs
through your account and you agree you will not sell, transfer, license or
assign your account, followers, username, Global Unique Identifier (GUID), or
any account rights. With the exception of people or businesses that are
expressly authorized to create accounts on behalf of their employers or
clients, Ginicoe prohibits the creation of and you agree that you will not
create an account for anyone other than yourself. You also represent that all
information you provide or provided to Ginicoe upon registration and at all
other times will be true, accurate, current and complete and you agree to
update your information as necessary to maintain its truth and accuracy.
1.4 You may not
create a false identity on Ginicoe, misrepresent your identity, create a Ginicoe
profile for anyone other than yourself (a real person), or use or attempt to
use another user’s account or information; Your profile information, including
your description, gender, income, location, etc., must be accurate and complete
and may not be misleading, illegal, offensive or otherwise harmful. Ginicoe reserves
the right to require users to go through a verification process in order to use
the Site (whether by using ID, phone, camera, register excerpts, documents,
etc.).
1.5 You agree that
you will not solicit, collect or use the login credentials of other Ginicoe
members and/or users.
1.6 You are
responsible for keeping your password secret and secure.
1.7 You must not
defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people
or entities and you must not post, publish, display private or confidential
information via the Service, including, without limitation, your or any other
person's credit card information, social security or alternate national
identity numbers, physical or IP address, non-public phone numbers or
non-public email addresses.
1.8 You may not use
the Service for any illegal or unauthorized purpose. You agree to comply with
all laws, rules and regulations (for example, federal, state, local and
provincial) applicable to your use of the Service and your Content (defined
below), including but not limited to, copyright laws.
1.9 You are solely
responsible for your conduct and any data, text, files, information, usernames,
images, graphics, photos, profiles, audio and video clips, sounds, musical
works, works of authorship, applications, links, geomapping locations,
timestamps and other content or materials (collectively, "Content")
that you submit, post, publish, or display on or via the Service.
1.10 You must not
change, modify, adapt or alter the Service or change, modify or alter another
website so as to falsely imply that it is associated with the Service or
Ginicoe.
1.11 You must not
access Ginicoe's private API by means other than those permitted by Ginicoe.
Use of Ginicoe's API is subject to a separate set of terms available
here: http://GiniCoe.com/about/legal/terms/api/("API
Terms").
1.12 You must not
create or submit unwanted emails, comments, likes or other forms of commercial
or harassing communications (a/k/a "spam") to any Ginicoe users.
1.13 You must not
use domain names or web URLs or trademark names in your username without prior
written consent from Ginicoe.
1.14 You must not
interfere or disrupt the Service or servers or networks connected to the
Service, including by transmitting any worms, viruses, spyware, malware,
trojans, timebombs or any other code of a destructive or disruptive nature. You
may not inject content or code or otherwise alter or interfere with the way any
Ginicoe page or form is rendered or displayed in a user's browser or device.
1.15 You must comply
with Ginicoe's Community Guidelines, available here:http://help.GiniCoe.com/customer/portal/articles/xxxxxx-community-guidelines.
1.16 You must not
create accounts with the Service through unauthorized means, including but not
limited to, by using an automated device, script, bot, spider, crawler, scraper
or AI engine.
1.17 You must not
attempt to restrict another user from using or enjoying the Service and you
must not encourage or facilitate violations of these Terms of Use and
Conditions or any other Ginicoe terms.
1.18 Violation of
these Terms of Use and Conditions may, in Ginicoe's sole discretion, result in
termination of your Ginicoe account. You understand and agree that Ginicoe
cannot and will not be responsible for the Content posted on the Service and
you use the Service at your own risk. If you violate the letter or spirit of
these Terms of Use and Conditions, or otherwise create risk or possible legal
exposure for Ginicoe, we can stop providing all or part of the Service to you.
2. General
Conditions
2.1 We reserve the
right to modify or terminate the Service or your access to the Service for any
reason, without notice, at any time, and without liability to you
nothwishstanding the FCRA adverse action requirements. You can deactivate your
Ginicoe account by logging into the Service and completing the form available
here: https://GiniCoe.com/accounts/remove/request/.
If we terminate your access to the Service or you use the form detailed above
to deactivate your account, your photos, comments, Pedigree Information,
GeoLocation Information, Ethnicity, Positive Conversation data, and all other
data will no longer be accessible through your account (e.g., users will not be
able to navigate to your username and view your photos, rate your positive
conversations, etc.), but those materials and data may persist and appear
within the Service (e.g., if your Content has been reshared by others).
2.2 Upon
termination, all licenses and other rights granted to you in these Terms of Use
and Conditions will immediately cease.
2.3 We reserve the
right, in our sole discretion, to change these Terms of Use and Conditions ("Updated
Terms") from time to time. Unless we make a change for legal or
administrative reasons, we will provide reasonable advance notice before the
Updated Terms become effective. You agree that we may notify you of the Updated
Terms by posting them on the Service, and that your use of the Service after
the effective date of the Updated Terms (or engaging in such other conduct as
we may reasonably specify) constitutes your agreement to the Updated Terms.
Therefore, you should review these Terms of Use and Conditions and any Updated
Terms before using the Service. The Updated Terms will be effective as of the
time of posting, or such later date as may be specified in the Updated Terms,
and will apply to your use of the Service from that point forward. These Terms
of Use will govern any disputes arising before the effective date of the
Updated Terms.
2.4 We reserve the
right to refuse access to the Service to anyone for any reason at any time.
2.5 We reserve the
right to force forfeiture of any username for any reason.
2.6 We may, but have
no obligation to, remove, edit, block, and/or monitor Content or accounts
containing Content that we determine in our sole discretion violates these
Terms of Use and Conditions.
2.7 You are solely
responsible for your interaction with other users (consumers, merchants, banks,
government, health care, education) of the Service, whether online or offline.
You agree that Ginicoe is not responsible or liable for the conduct of any
user. Ginicoe reserves the right, but has no obligation, to monitor or become
involved in disputes between you and other users. Exercise common sense and
your best judgment when interacting with others, including when meet others for
positive conversation ratings and when you submit or post Content or any
personal or other information.
2.8 There may be
links from the Service, or from communications you receive from the Service, to
third-party web sites or features. There may also be links to third-party web
sites or features in images or comments within the Service. The Service also
includes third-party content that we do not control, maintain or endorse.
Functionality on the Service may also permit interactions between the Service
and a third-party web site or feature, including applications that connect the
Service or your profile on the Service with a third-party web site or feature.
For example, the Service may include a feature that enables you to share
Content from the Service or your Content with a third party merchant, which may
be publicly posted on that third party's service or application. Using this
functionality typically requires you to login to your account on the
third-party service and you do so at your own risk. Ginicoe does not control
any of these third-party web services or any of their content. You expressly
acknowledge and agree that Ginicoe is in no way responsible or liable for any
such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS
DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU
AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and
risk, to use applications that connect the Service or your profile on the
Service with a third-party service (each, an "Application") and such
Application may interact with, connect to or gather and/or pull information from
and to your Service profile. By using such Applications, you acknowledge and
agree to the following: (i) if you use an Application to share information that
exceed the service, you are consenting to information about your profile on the
Service being shared; (ii) your use of an Application may cause personally
identifying information to be publicly disclosed and/or associated with you,
even if Ginicoe has not itself provided such information; and (iii) your use of
an Application is at your own option and risk, and you will hold the Ginicoe
Parties (defined below) harmless for activity related to the Application.
2.9 We prohibit crawling, scraping, caching, AI engines, or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Ginicoe's express consent.
3. Pricing
3.1 You agree that
you are responsible for all Ad valorem fee and per transaction charges you
incur through use of the Service that is uniquely associated with your social
justice outerchange rating (SoJOR). Ranges and prices are subject to
change depending upon economic conditions and Ginicoe’s overriding legitimate
business necessity to integrate housing that results in reducing income
inequality necessary to the safe and efficient operation of Ginicoe that lowers
political, social, and macroprudential risk.
3.2 Customers are
responsible for paying any direct or indirect taxes, including any GST, VAT or
income tax, with may apply to them depending on residency, location or
otherwise, under provisions of their jurisdiction. Business customers represent
and warrant that they comply, and will comply at all times, with their
obligations under income tax provisions in their jurisdiction.
3.3 Appointment as
Limited Payment Collection Agent: Consumer hereby appoints Ginicoe as Consumer’s
limited authorized payment collection agent solely for the purpose of accepting
payments (via its Payment Services Provider, if applicable) from merchant, and
remitting those payments to consumer in the form of cashback rewards less
ginicoe fees. Consumer agrees that payment from Merchant or merchant’s
acquirer to Ginicoe shall be considered the same as a made directly to
Ginicoe . Ginicoe’s payment cashback obligation to consumer will be satisfied
upon receipt of payment by Ginicoe (or its Payment Services Provider, as
applicable), and merchant (via its Payment Services Provider, as applicable) is
responsible for remitting the funds to the consumer in the manner described in
these Payment Terms. In the event that merchant bank (via Payment Services
Provider) does not remit any such amounts to Ginicoe, then consumer will have
recourse only against merchant and not Ginicoe directly. Consumer and merchant
agrees that Ginicoe may describe or otherwise reflect the terms contained
herein in any terms of service, receipts, disclosures, or notices including,
but not limited to, receipts provided to consumers that Ginicoe may deem
necessary or prudent.
3.4 Ginicoe partners
with Payment Services Providers or purposes of collecting payments from Consumers,
merchants, and Business customers, transferring such payments from consumers to
Ginicoe, and holding funds in connection with Ginicoe Balances. All payments
services in connection with the redemption of funds on the Ginicoe platform are
performed by Ginicoe’s Payment Services Providers.
4.Redeeming Cash-Back Rewards
4.1 For
consumers only to redeem your rewards, you must have a Ginicoe Wallet with at
least one of Ginicoe's Payment Service Providers for the redemption methods
listed below. All funds eligible to be redeemed will be held on your behalf at
an account with Ginicoe’s Payment Services Provider. All payment services,
including redemption services, will be provided by Ginicoe’s Payment Services
Provider.
4.2 Your Ginicoe
GUID and profile can be associated with only one account from each Ginicoe
redemption method. A Payment Service Provider withdrawal account can be
associated with only one GUID profile.
4.3 Cashback
rewards are only made available to be redeemed from the consumer’s dashboard on
the 12th of every month after 30 days. Put another way a transaction that occurs on March
7 can be redeemed on April 12.
4.4 For
security concerns, Ginicoe may temporarily disable a consumer’s ability to redeem
cashback rewards to prevent fraudulent or illicit activity. This may come as a
result of security issues, improper behaviour reported by other users, or
associating multiple ginicoe accounts to a single withdrawal card, cashapp, zell
account or similar.
4.5 Cashback
rewards can only be made in the amount available to you.
4.6 Cashback
redemption fees are waived till further notice.
4.7 Cashback
redemptions are final and cannot be undone. We will not be able to reverse this
process once it has begun.
4.8 In future
cases, consumers may redeem cashback rewards in several different currencies.
All currency exchange services in connection with such redemptions will be
performed by Gincoe’s Payment Services Providers.
5. Rights
5.1 Ginicoe does not
claim ownership of any Content that you post on or through the Service.
Instead, you hereby grant to Ginicoe a non-exclusive, fully paid and
royalty-free, transferable, sub-licensable, worldwide irrevocable license to
use the Content, image, likeness, and biometric that you post on or through the
Service, subject to the Service's Privacy Policy, available herehttp://GiniCoe.com/legal/privacy/,
including but not limited to sections 3 ("Sharing of Your
Information"), 4 ("How We Store Your Information"), and 5
("Your Choices About Your Information"). You can choose who can view
your Content and activities, including your photos, images, likeness, as
described in the Privacy Policy.
5.2 Some of the
Service is promoted by advertising and influencers and may display
advertisements and promotions, and you hereby agree that Ginicoe may place such
advertising and promotions on the Service or on, about, or in conjunction with
your Content, image, or likeness. The manner, mode and extent of such advertising
and promotions are subject to change without specific notice to you.
5.3 You acknowledge
that we may not always identify paid services, sponsored content, or commercial
communications as such.
5.4 You represent
and warrant that: (i) you own the Content, image, likeness, and biometric
posted by you on or through the Service or otherwise have the right to grant
the rights and licenses set forth in these Terms of Use and Conditions; (ii)
the posting and use of your Content on or through the Service does not violate,
misappropriate or infringe on the rights of any third party, including, without
limitation, privacy rights, publicity rights, copyrights, trademark and/or
other intellectual property rights; (iii) you agree to pay for all royalties,
fees, and any other monies owed by reason of Content, images, likeness, or
biometrics that you post on or through the Service; and (iv) you have the legal
right and capacity to enter into these Terms of Use and Conditions in your
jurisdiction.
5.5 The Service
contains content owned or licensed by Ginicoe ("Ginicoe Content").
Ginicoe Content is protected by copyright, trademark, patent, trade secret and
other laws, and, as between you and Ginicoe, Ginicoe owns and retains all
rights in the Ginicoe Content and the Service. You will not remove, alter,
reverse engineer, or conceal any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Ginicoe Content
and you will not reproduce, modify, adapt, prepare derivative works based on,
perform, display, publish, distribute, transmit, broadcast, sell, license,
lease or otherwise exploit the Ginicoe Content.
5.6 The Ginicoe name
and logo are trademarks of Ginicoe, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of Ginicoe, except in
accordance with our brand guidelines, available here: http://help.GiniCoe.com/customer/portal/articles/xxxxxx.
In addition, all page headers, custom graphics, button icons and scripts are
service marks, trademarks and/or trade dress of Ginicoe, and may not be copied,
imitated, reverse engineered or used, in whole or in part, without prior
written permission from Ginicoe.
5.7 Although it is
Ginicoe's intention for the Service to be available as much as possible, there
will be occasions when the Service may be interrupted, including, without
limitation, for scheduled maintenance or upgrades, for emergency repairs, or
due to failure of telecommunications links and/or equipment. Also, Ginicoe
reserves the right to remove any Content from the Service for any reason,
without prior notice. Content removed from the Service may continue to be
stored by Ginicoe, including, without limitation, in order to comply with
certain legal obligations, but may not be retrievable without a valid court
order. Consequently, Ginicoe encourages you to maintain your own backup of your
Content. In other words, Ginicoe is not a backup service and you agree that you
will not rely on the Service for the purposes of Content backup or storage.
Ginicoe will not be liable to you for any modification, suspension, or
discontinuation of the Services, or the loss of any Content. You also
acknowledge that the Internet including WiFi or cellular connections may be
subject to breaches of security and that the submission of Content or other
information may not be secure.
5.8 You agree that
Ginicoe is not responsible for, and does not endorse, Content posted,
published, or displayed within the Service. Ginicoe does not have any
obligation to prescreen, monitor, edit, or remove any Content beyond our
liveness detection and similar authentication systems. If your Content violates
these Terms of Use and Conditions, you may bear legal responsibility for that
Content.
5.9 Except as
otherwise described in the Service's Privacy Policy, available at http://GiniCoe.com/legal/privacy/ ,
as between you and Ginicoe, any Content will be non-confidential and
non-proprietary and we will not be liable for any use or disclosure of Content.
You acknowledge and agree that your relationship with Ginicoe may be considerd
a confidential, fiduciary, or other type of special relationship as governed by
the FCRA and a consumer investigate report, and that your decision to submit
any Content does not place Ginicoe in a position that is any different from the
position held by members of the general public, including with regard to your
Content. None of your Content will be subject to any obligation of confidence
on the part of Ginicoe outside of best privacy practices and pursaunt to the
FCRA, and Ginicoe will not be liable for any use or disclosure of any Content
you provide.
5.10 It is GiniCoe's
policy not to accept or consider content, information, ideas, suggestions or
other materials other than those we have specifically requested and to which
certain specific terms, conditions and requirements may apply. This is to avoid
any misunderstandings or unsolicited materials if your ideas are similar to
those we have developed or are developing independently. Accordingly, Ginicoe
does not accept unsolicited materials or ideas, and takes no responsibility for
any materials or ideas so transmitted. If, despite our policy, you choose to
send us content, information, ideas, suggestions, or other materials, you
further agree that Ginicoe is free to use any such content, information, ideas,
suggestions or other materials, for any purposes whatsoever, including, without
limitation, developing and marketing products and services, without any
liability or payment of any kind to you.
6. Disputing SoJOR
Errors
To dispute an error on your SoJOR, you should send us
copies of any documents that support your dispute, such as:
6.1 Gather supporting documents for
Housing score
Your new neighbor’s GUIDs (you can update this on your
dashboard in the ‘My Neighborhood’ section), Relocation State ID showing your
name and improved new address, deed, title, or closing docs of your improved
new address, Your new neighbor’s GUID that has recently SignUp to become a SJ
Warrior and related evidence.
Positive Conversation score
Positive Conversation logs, Screen shots are ok, Social
Justice Warrior GUIDs, location data, timestamps, witness statements, videos, and
related evidence.
Gender
Submit a driver's license, birth certificate, passport,
court order, or other official government-issued document reflecting the new
gender designation OR a letter from a licensed health care professional
certifying the change in gender and related evidence.
Income
Paystubs showing an increase or decrease in your
income. Court order, or other official government-issued document
reflecting amount of child support, children’s ages, and duration. Current tax
return showing children’s ages and single head of household filing and related
evidence.
6.2 Write a
letter
Include your name, new address, GUID if known, the specific
information that is wrong, and why it is wrong.
6.3 Send the
letter
You can send your letter and all supporting evdence by
certified mail or priority with tracking to SoJOR Error, P.O.Box 12521 East
Cleveland, Ohio 44112-9998. You can also submit your letter and attachment
supporting evidence to member@ginicoe.com.
Place SoJOR Error in the subject. Ensure to always supply your GUID regarding
all ginicoe matters.
6.4 Keep records
Keep a copy of the letter and receipt.
Note: Ginicoe does not provide refunds or credit if you
have a dispute with the merchant.
7. Reporting
Copyright and Other IP Violations
7.1 We respect other
people's rights, and expect you to do the same.
7.2 We provide you
with tools to help you protect your intellectual property rights. To learn more
about how to report claims of intellectual property infringement, visit: http://help.GiniCoe.com/customer/portal/articles/xxxxxx
7.3 If you
repeatedly infringe other people's intellectual property rights, we will
disable your account when appropriate.
8. Disclaimer of
Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, GINICOE
CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND
"WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
NEITHER GINICOE NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS,
OFFICERS OR AGENTS (COLLECTIVELY, THE "GINICOE PARTIES") MAKE ANY
REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE GINICOE CONTENT; (C) USER CONTENT;
OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GINICOE OR
VIA THE SERVICE. IN ADDITION, THE GINICOE PARTIES HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE,
CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER
VIRUS.
THE GINICOE PARTIES DO NOT REPRESENT OR WARRANT THAT THE
SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM
ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GINICOE
PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION
(INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE GINICOE
PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR
JURISDICTION, AND THE GINICOE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH
JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE AND CONDITIONS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT
THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE
THE SERVICE.
THE GINICOE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY
DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS,
DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM
ANY CONTENT.
9. Limitation of
Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE GINICOE PARTIES BE LIABLE
TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR
ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
(A) THE SERVICE; (B) THE GINICOE CONTENT; (C) USER CONTENT; (D) YOUR USE OF,
INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN
CONNECTION WITH AN INVESTIGATION BY THE GINICOE PARTIES OR LAW ENFORCEMENT
AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY
ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY
DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY
VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GINICOE
PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT
(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF
THE SERVICE). IN NO EVENT WILL THE GINICOE PARTIES BE LIABLE TO YOU OR ANYONE
ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR
PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT WILL THE GINICOE PARTIES TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES
DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES
OR INJURIES THAT ARISE OUT OF GINICOE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY,
CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR
OTHER CONTENT OWNED OR CONTROLLED BY THE GINICOE PARTIES, AND YOU WILL HAVE NO
RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION,
ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT,
SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GINICOE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND AND HEREBY MAKE A
'CONSCIOUS CHOICE' THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT
ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER,
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE
AND RELEASE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF NEW YORK, AND
ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
GINICOE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT,
INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH
THIRD PARTIES.
10. Indemnification
You (and also any third party for whom you operate an
account or activity on the Service) agree to defend (at Ginicoe's request),
indemnify and hold the Ginicoe Parties harmless from and against any claims,
liabilities, damages, losses, and expenses, including without limitation,
reasonable attorney's fees and costs, arising out of or in any way connected
with any of the following (including as a result of your direct activities on
the Service or those conducted on your behalf): (i) your Content or your access
to or use of the Service; (ii) your breach or alleged breach of these Terms of
Use and Conditions; (iii) your violation of any third-party right, including
without limitation, any intellectual property right, publicity,
confidentiality, property or privacy right; (iv) your violation of any laws,
rules, regulations, codes, statutes, ordinances or orders of any governmental
and quasi-governmental authorities, including, without limitation, all
regulatory, administrative and legislative authorities; or (v) any
misrepresentation made by you. You will cooperate as fully required by Ginicoe
in the defense of any claim. Ginicoe reserves the right to assume the exclusive
defense and control of any matter subject to indemnification by you, and you
will not in any event settle any claim without the prior written consent of
Ginicoe.
11. Arbitration
Except if you opt-out or for disputes relating to: (1) your
or Ginicoe's intellectual property (such as trademarks, trade dress, domain
names, trade secrets, copyrights and patents); (2) violations of the API Terms;
or (3) violations of provisions 13 or 15 of the Basic Terms, above
("Excluded Disputes"), you agree that all disputes between you and
Ginicoe (whether or not such dispute involves a third party) with regard to
your relationship with Ginicoe, including without limitation disputes related
to these Terms of Use and Conditions, your use of the Service, and/or rights of
privacy and/or publicity, will be resolved by binding, individual arbitration
under the American Arbitration Association's rules for arbitration of
consumer-related disputes and you and Ginicoe hereby expressly waive trial by
jury. As an alternative, you may bring your claim in your local "small
claims" court, if permitted by that small claims court's rules. You may
bring claims only on your own behalf. Neither you nor Ginicoe will participate
in a class action or class-wide arbitration for any claims covered by this
agreement. You also agree not to participate in claims brought in a private
attorney general or representative capacity, or consolidated claims involving
another person's account, if Ginicoe is a party to the proceeding. This dispute
resolution provision will be governed by the Federal Arbitration Act. In the
event the American Arbitration Association is unwilling or unable to set a
hearing date within one hundred and sixty (160) days of filing the case, then
either Ginicoe or you can elect to have the arbitration administered instead by
the Judicial Arbitration and Mediation Services. Judgment on the award rendered
by the arbitrator may be entered in any court having competent jurisdiction.
Any provision of applicable law notwithstanding, the arbitrator will not have
authority to award damages, remedies or awards that conflict with these Terms
of Use and Conditions.
You may opt out of this agreement to arbitrate. If you do
so, neither you nor Ginicoe can require the other to participate in an
arbitration proceeding. To opt out, you must notify Ginicoe in writing within
30 days of the date that you first became subject to this arbitration
provision. You must use this address to opt out:
Ginicoe Corporation ATTN: Arbitration Opt-out Lenore F.
Hutton, P.O. Box 12521
East Cleveland, Ohio 44112
You must include your name and residence address, GUID, the
email address you use for your Ginicoe account, and a clear statement that you
want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims
brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in this Arbitration section
will be null and void. This arbitration agreement will survive the termination
of your relationship with Ginicoe.
12. Time Limitation
on Claims
You agree that any claim you may have arising out of or
related to your relationship with Ginicoe must be filed within one year after
such claim arose; otherwise, your claim is permanently barred.
13. Governing Law
& Venue
These Terms of Use and Conditions are governed by and
construed in accordance with the laws of the State of Ohio, without giving
effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE
GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity
relating to the arbitration provision of these Terms of Use and Conditions, the
Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to
resolve any dispute you have with Ginicoe exclusively in a state or federal
court located in Cleveland, Ohio and to submit to the personal jurisdiction of
the courts located in Cuyahoga County for the purpose of litigating all such
disputes.
If any provision of these Terms of Use and Conditions is
held to be unlawful, void, or for any reason unenforceable during arbitration
or by a court of competent jurisdiction, then that provision will be deemed
severable from these Terms of Use and Conditons and will not affect the
validity and enforceability of any remaining provisions. Ginicoe's failure to
insist upon or enforce strict performance of any provision of these Terms will
not be construed as a waiver of any provision or right. No waiver of any of
these Terms will be deemed a further or continuing waiver of such term or
condition or any other term or condition. Ginicoe reserves the right to change
this dispute resolution provision, but any such changes will not apply to
disputes arising before the effective date of the amendment. This dispute
resolution provision will survive the termination of any or all of your
transactions with Ginicoe.
14. Entire Agreement
If you are using the Service on behalf of a legal entity,
you represent that you are authorized to enter into an agreement on behalf of
that legal entity. These Terms of Use and Conditions constitute the entire
agreement between you and Ginicoe and governs your use of the Service,
superseding any prior agreements between you and Ginicoe. You will not assign
the Terms of Use and Conditions or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation
of law, without the prior written consent of Ginicoe. Any purported assignment
or delegation by you without the appropriate prior written consent of Ginicoe
will be null and void. Ginicoe may assign these Terms of Use and Conditions or
any rights hereunder without your consent. If any provision of these Terms of
Use and Conditions is found by a court of competent jurisdiction to be invalid
or otherwise unenforceable, the parties nevertheless agree that such portion
will be deemed severable from these Terms of Use and Conditions and will not
affect the validity and enforceability of the remaining provisions, and the
remaining provisions of the Terms of Use and Conditions remain in full force
and effect. Neither the course of conduct between the parties nor trade
practice will act to modify the Terms of Use and Conditions. These Terms of Use
and Conditions do not confer any third-party beneficiary rights.
15. Territorial
Restrictions
The information provided within the Service is not intended
for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation
or which would subject Ginicoe to any registration requirement within such
jurisdiction or country. We reserve the right to limit the availability of the
Service or any portion of the Service, to any person, geographic area, or
jurisdiction, at any time and in our sole discretion, and to limit the quantities
of any content, program, product, service, map, demographic data or other
feature that Ginicoe provides.
Software related to or made available by the Service may be
subject to United States export controls. Thus, no software from the Service
may be downloaded, exported or re-exported: (a) into (or to a national or
resident of) any country to which the United States has embargoed goods; or (b)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading any software related to the Service, you represent and warrant that
you are not located in, under the control of, or a national or resident of, any
such country or on any such list.
The effective date of these Terms of Use and Conditions is
May 1, 2024. These Terms of Use and Conditions were written in English (US). To
the extent any translated version of these Terms of Use and Conditions
conflicts with the English version, the English version controls.