terms of service

You are now reading the Genderis Terms of Service. This is the agreement between you and Genderis when you sign up for and use any services provided by Genderis Inc. (Genderis). Please carefully read this as well as our Privacy Policy before you start using Genderis. We've tried to make it straightforward and fair for our users. If you have questions or suggestions, email us legal@genderis.com.

We've also provided comments and summaries (see Which Means) - these comments and summaries are not a part of the agreement and are not legally binding, but are intended to help point out key sections so you can easily follow the agreement.

Please read the Terms of Service for the complete picture of your legal requirements. By using Genderis or any Genderis services, you are agreeing to these terms. Be sure to occasionally check back for updates. This Agreement sets forth the terms and conditions ('Terms of Service') which is a binding agreement between you, or any other person who accidently or intentionally accesses the Genderis products or services ('Products and Services'). For sake of ease, Genderis will be referred to as 'we', 'us' or 'Genderis' and the user (you!) will be referred to as 'You' or the 'User'. By using our Products and Services, you agree to be bound by these Terms of Service. If you do not agree with the Terms of Service or our Privacy Policy, you should not, and are not permitted to use our Products and Services.

Section 1

CHANGES TO TERMS OF SERVICE

We may periodically revise and update these Terms of Service, and will post a revised Agreement if this happens. Any changes made are effective as soon as we post them, and apply to the use and access of our Products and Services. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. If you start using the Products and Services after any modification to the Agreement, you are agreeing to the changes.

Which Means

As Genderis develops its Products and Services, we may make changes to the Terms of Service. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.


Section 2

WHO CAN USE GENDERIS?

Our Products and Services are offered and available to users who are 18 years of age or older. By using our Products and Services, you represent and warrant that you are of a legal age to form a binding contract with us. If you are not of legal age, you must not access our Products and Services.

Which Means

Parents or a legal guardian age 18 or older can sign-up on the childs behalf. We also realize there are circumstances where those under the age of 18 need access to resources however family circumstances make that challenges and we will be working on solutions to remedy this.


Section 3

CHANGES AND ACCOUNT SECURITY

Our Products and Services may change, which may include new functionality, removal of certain functions, or even discontinuation of part or all of the Products and Services. We may do so without prior notice to you. We are not be liable if for any reason all or any part of the Products and Service are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Products and Services, to users, including registered users, or within our sole discretion, suspend your account.

You are responsible for making all arrangements for you to have access our Products and Services, and that anyone who uses your account understands and agrees with the Terms and Conditions and complies with them. To access the Products and Services, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the registration process. It is a condition of your use of the Products and Services that all the information you provide is correct, current, and complete. You agree and represent that the information you provide to register an account with us and to use our Products and Services is governed by these Terms of Service and our Privacy Policy, and consent to all actions we take with respect to your information as consistent with our Privacy Policy.

Your account information includes your user name, password or any other piece of information uploaded to your account. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Which Means

Genderis is always changing and so we need some flexibility to get rid of things that you, the user don't like. Sometimes, we may get rid of something you did like but trust us, it's for the greater good. We may suspend accounts but we'll do our best to be fair and transparent about this.

We want to make sure the information Genderis provides you is current and up to date, and so any linked accounts, or your email address should be updated. This helps us give you the best experience, and also allows us to recover your account if you ever forget your password or are victim to a phishing attack.

Your account information is personal and the information you provide to Genderis is personal. You agree that you will take steps to keep this information private, safe, and secure and will let us know right away if there is a breach.


Section 4

LIMITATIONS ON USE

You may use our Products and Services for lawful purposes and in accordance with our Terms of Services. You agree not to use our Products and Services: 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).  
  • Use the Products and Services in any manner that could disable, overburden, damage, or impair the Products and Services or interfere with any other party's use of the Products and Services, including their ability to engage in real time activities through the Products and Services. 
  • Use any robot, spider or other automatic device, process or means to access the Product and Services for any purpose, including monitoring or copying any of the material available from us or third parties through Genderis. 
  • Use any manual process to monitor or copy any of the material found in the Products and Services or for any other unauthorized purpose without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Products and Services. 
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Products and Services, the server on which the Products and Services are stored, or any server, computer or database connected to the Products and Services. 
  • Attack the Products and Services or our website via a denial-of-service attack or a distributed denial-of-service attack. 
  • Otherwise attempt to interfere with the proper working of the Products and Services. 

This is not a complete list, but intended to simply be examples of prohibited uses. 

Which Means

Don't do bad things to Genderis. Don't take information collected by Genderis or available through Genderis for other means or distribute the information you access through our Products and Services.


Section 5

INTELLECTUAL PROPERTY RIGHTS

The Products and Services, all content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Genderis, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 

These Terms of Service permit you to use Genderis for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material found on the Products and Services, except as follows: 

  • Your computer or phone may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 
  • You may store files that are automatically cached by your Web browser for display enhancement purposes, should we provide a web-based platform not tied to your phone. 

You must not: 

  • Modify copies of any materials from this site. 
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the Genderis Products or Services. 
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials accessed through the Products and Services. 

You must not access or use for any commercial purposes any information found through the Products and Services. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Genderis Products and Services in breach of the Terms of Service, your right to use the Products and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Products or Services or any content on the website is transferred to you, and all rights not expressly granted are reserved by Genderis. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws. 

Which Means

It took a lot of time and work to put together the information and resources on this site. You are not allowed to take the information from this website and use it for your own purposes, especially commercial purposes (like scraping information for a database or compiling information to sell to someone else).


Section 6

TRADEMARKS

The Genderis name, the term Genderis and all related names, logos, product and service names, designs and slogans are trademarks of Genderis or its affiliates or licensors. You must not use such marks without the prior written permission of Genderis. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Which Means

If you would like to be an affiliate and therefore use our logo, please reach out, we are happy to partner with organizations that have interest.


Section 7

COPYRIGHT INFRINGEMENTS

If you believe that your copyright has been violated, please contact us at legal@genderis.com for instructions on sending us a notice of copyright infringement. It is the policy of Genderis to terminate the user accounts of repeat infringers. 

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ('DMCA'), Genderis has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other Genderis Properties (the 'Designated Agent'). All such notifications relating to this Website or the other Genderis Properties must be a written communication and must include the following information: 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Genderis to locate the material. 
  • Information reasonably sufficient to permit Genderis to contact the complaining party, such as an address, telephone number, and/or electronic mail address. 
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to Genderis’ Designated Agent as follows: Royse LLC, 149 Commonwealth Drive Suite 1001, Menlo Park, CA 94025


Section 8

RELIANCE ON INFORMATION POSTED

The information presented on or through the Products and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by users of the Products and Services, or by anyone who may be informed of any of its contents. 

The Products and Services may include content provided by or collected from third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Genderis, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Genderis. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Which Means

We may change or discontinue the service at anytime, without liability.


Section 9

CONTENT AND PRIVACY

Genderis allows you to upload information through Genderis. For more about what we do with your information, please see our Privacy Policy. You understand that through your use of the Products and Services that you consent to the collection and use (as set forth in the Privacy Policy) of this information, and to abide by the content standards as set forth for any User Contributions. 


Section 10

LINKS FROM GENDERIS

If our Products and Services contain links to other websites, products, or resources provided by third parties, such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites from Genderis, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Which Means

When using Genderis, you may select something that takes you outside of Genderis and to third parties, whether this is your own social media websites or accounts, or other websites or providers. Keep in mind that these may not be in the control of Genderis, and that we are not responsible for the information contained there. Read up on any terms or conditions of usage for any other websites you may access, as you would still be bound by any agreements they have in place.


Section 11

BILLING AND AUTOMATIC RENEWAL POLICIES FOR CERTAIN SUBSCRIPTION SERVICE

For certain Products and Services billed on a monthly your subscription will automatically renew monthly, unless you cancel your subscription prior to the beginning of the next applicable billing (and renewal) period. In the event Genderis discontinues or significantly alters a Product or Service that you have purchased with automatic renewal, Genderis (i) will notify you via the email address provided at purchase, (ii) may provide information about similar or new Services available and (iii) reserves the right to cancel the applicable Product or Service. In no event will Genderis provide partial or pro-rated refunds. 

UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING (AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SERVICE, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES USING ANY CREDIT OR DEBIT CARD SAVED WITHIN YOUR ACCOUNT DETAILS. 


Section 12

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, or from use of the Products and Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE PRODUCTS AND SERVICES, AND ANY CONTENT OR INFORMATION OBTAINED THROUGH GENDERIS IS AT YOUR OWN RISK. THE PRODUCTS AND SERVICES AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GENDERIS NOR ANY PERSON ASSOCIATED WITH GENDERIS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE INFORMATION FOUND ON GENDERIS OR OUR PRODUCTS AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER GENDERIS NOR ANYONE ASSOCIATED WITH GENDERIS REPRESENTS OR WARRANTS THAT THE PRODUCTS AND SERVICES, ITS CONTENT OR INFORMATION OBTAINED THROUGH THE PRODUCTS OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT GENDERIS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PRODUCTS AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

GENDERIS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


Section 13

LIMITATION/RELEASE OF LIABILITY

IN NO EVENT WILL GENDERIS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE PRODUCTS AND SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR INFORMATION FOUND ON THE PRODUCTS AND SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS AND SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

You release, to the fullest extent permitted by law, Genderis, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Products and Services. 

If you are a California resident, you waive California Civil Code §1542, which says: '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.' 

In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


Section 14

INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Genderis, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Products and Services, including, but not limited to, your User Contributions, any use of the content found on Genderis, or any other information other than as expressly authorized in these Terms of Service or your use of any information obtained from the Products and Services. 


Section 15

TERMINATION

Either party may terminate this Agreement at any time by notifying the other party. Genderis may also terminate or suspend your access to or ability to use any and all Products and Services immediately, without prior notice or liability, for any reason, including but not limited to if you breach any of the terms or conditions of this Agreement. 

Upon termination of your access to or ability to use the Products and Services in whole or in part, including but not limited to suspension of your account, your right to use or access specific products or services through Genderis and any User Contributions will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. Termination of your access to and use of the Products and Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Genderis or any third party. 


Section 16

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Which Means


Section 17

LEGAL DISPUTES

Both Genderis and you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Products and Services in accordance with this section or as you and Genderis otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly {hyperlink email or contact page} to seek a resolution. 

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U. S. C., Secs. 1-16). 


Section 18

WAIVER AND SEVERABILITY

No waiver of by Genderis of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Genderis to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. 


Section 19

HEADINGS AND COMMENTS

The section headings and comments in this Agreement are for convenience of reference only. 


Section 20

ENTIRE AGREEMENT

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Genderis with respect to the Products and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Products and Services. 


Section 21

SEVERABILITY

 

This Agreement terminates and supersedes all prior formal or informal understandings among the parties with respect to the subject matter contained herein. Should any provision or provisions of this Agreement be deemed ineffective or void for any reason whatsoever, such provision or provisions shall be separable and shall not affect the validity of any other provision. 


Section 22

NOTICE AND ASSIGNMENT

 

This Agreement is not assignable, transferable, or sub licensable by you except with Genderis' prior written consent. Genderis may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Genderis in any respect whatsoever. Any notice to Genderis that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to: Genderis, Inc. c/o Royse Law LLC 149 Commonwealth Drive, Suite 1001, Menlo Park, CA 94025

Which Means


Section 23

YOUR COMMENTS AND CONCERNS

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Contact Us 


CHANGES TO OUR TERMS OF SERVICE

February 8, 2018

  1. Terms of Service published

© 2018 Genderis.