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Terms and Conditions

The Feminina Group, Inc.

Website Terms of Use

Last updated May 15, 2018.

Introduction

The Feminina Group, Inc. (“genneve,” “we,” “us” or “our”) owns and operates the websites located at www.genneve.com and https://genneve.com (the “Websites”). These Terms of Use govern your use of the Websites and your access and use of the services we provide on the Websites (the “Services”), and your compliance with these Terms of Use is a condition to your use thereof. Your use of the Websites and Services is also subject to our Privacy Policy. If you do not agree with these Terms of Use and our Privacy Policy, including the mandatory arbitration provision and class action waiver set forth below, you are not authorized to use the Websites or the Services.

Binding Arbitration

These Terms of Use provide that all disputes between you and genneve will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with genneve.

Health Disclaimer; Assumption of Risk

THE WEBSITES DO NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.  You use the Websites and Services your own risk. The Websites and Services and information produced by the Websites and Services is intended for informational and educational use only. genneve does not provide medical advice and the Websites, Services and Content (as defined below) do not provide a diagnosis or other recommendation for treatment and are not a substitute for the professional judgment of a health care professional in diagnosis and treatment of any person. The determination of the need for medical services and the types of healthcare to be provided to a patient are decisions that should be made only by a physician or other licensed health care provider. Always seek the advice of a physician or other qualified health care provider with any questions you have regarding a medical condition. genneve accepts no responsibility for your reliance on information resulting from use of the Websites and Services.  THE WEBSITES AND SERVICES ARE NOT INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE APP COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE.

Right to Modify the Terms of Use

We reserve the right to change, add or delete portions of these Terms of Use at any time. Continued use of the Websites or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

Content of the Websites and Services

The content of the Websites and Services, including, but not limited to, documents, text, graphics, photos, images, audio or video files, logos, all other forms of information, opinions, data or communication, as well as the compilation of such content and the general “look and feel” of the Websites and Services (collectively, the “Content”) is owned by genneve (or its third-party providers) and is protected by United States and international copyright laws. “genneve”, and other trademarks, trade names and product names used on the Websites and Services are trademarks owned by genneve or its licensors. All genneve names, logos and trademarks may not be used or reproduced, in any manner, without the written permission of genneve. All rights in such trademarks and names are reserved. The above prohibition on copying includes a ban on framing, the creation of any derivative work based on the Websites and Services or the Content and the incorporation of any Content into other websites or applications or electronic retrieval systems or publications. You may not link to the Websites and Services from any other website or application without genneve’s prior written permission.

We cannot guarantee that you have any right to use third-party owned Content which is available on the Websites and Services and you must obtain permission from the third-party owner before using or downloading such Content. Content which is copyright protected may not be changed nor may any author attribution notice or copyright notice appearing on such Content be altered without first obtaining the appropriate consents.

genneve makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of the Content contained on the Websites and Services, and shall not be bound in any manner by any information contained on the Websites or Services. genneve reserves the right to change the content or discontinue without notice, at any time, any aspect or feature of the Websites or Services.

Submissions, Reviews, Feedback and other Postings to the Website

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Website (“Submissions”), you agree not to provide any Submissions that: (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violate or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (3) contain or transmit a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. genneve shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however genneve desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. genneve is and shall be under no obligation: (a) to maintain any Submissions in confidence; (b) to pay to you any compensation for any Submissions; or (c) to respond to any user Submissions.

genneve does not regularly review posted Submissions but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Website. You grant genneve the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. genneve and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.

You agree to defend, indemnify and hold genneve harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by genneve arising out of any Submissions you post or allow to be posted to the Website.

Copyright Infringement

genneve respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to genneve’s Designated Copyright Agent, identified below. We disclaim any responsibility or liability for copyrighted materials posted on the Website.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice (“Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  1. Provide your full legal name and your electronic or physical signature.

Links to Other Websites

The Websites may contain links to third-party websites for your convenience and extended information. genneve is not responsible for the content of such third-party websites and does not make any representations regarding such websites. Use of or reliance on such third-party websites is at your sole risk.

Restricted Use

We reserve the right to request proof of age at any point so we can verify that individuals under 18 years of age are not using the Websites or Services. If we become aware that an individual under 18 years of age is using the Websites or Services, we may prohibit and block such individual from using the Websites or Services.

Prohibited Uses

You agree not to:

  • Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
  • Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use these Websites or any of its contents in any way for any public or commercial purpose
  • Reverse engineer, disassemble or decompile any software included in connection with the Websites or Services.
  • Use the Websites or Services for any purpose in violation of local, state, national, or international laws.
  • Use the Websites or Services as a means to distribute or post advertising or other unsolicited material to any third-party
  • Impersonate any person or entity or falsely represent your identification or affiliation.
  • Distribute viruses or other harmful computer code.
  • Harvest or otherwise collect information about others.
  • Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
  • Interfere with the operation of the Websites or Services.
  • Copy or distribute in any medium any part of the Websites or Services.

If we become aware that an individual is using the Websites or Services in violation of these Terms, we may prohibit and block such individual from using the Websites and/or Services.

Access to Site; Indemnification

In the event access to the Websites or Services or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by genneve. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Websites and/or Services may be revoked by genneve at any time with or without cause. You agree to defend, indemnify and hold genneve harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by genneve arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR SOLE RISK. GENNEVE DOES NOT WARRANT THAT ACCESS TO THE WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. GENNEVE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GENNEVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE WEBSITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

Some jurisdictions to not allow the exclusion of implied warranties, so the foregoing exclusions may not apply to you.

LIMITATION OF LIABILITY

GENNEVE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN) OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR SERVICES IS TO STOP USING THE WEBSITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF GENNEVE TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITES OR SERVICES IS $100 USD.

Some jurisdictions do not allow the foregoing limitations or exclusions, so the foregoing limitations and/or exclusions may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless genneve and its officers, employees, directors, subsidiaries, affiliates, agents, licensors and suppliers 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 use of the Websites and/or Services.

Governing Law

These Terms of Use and your use of the Websites or Services are governed by the laws of the State of Washington, USA, without regard to its conflict of laws principles. Any dispute between the Parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Washington, USA.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with genneve and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under these Terms of Use.

Except for small claims disputes in which you or genneve seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or genneve seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and genneve waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use, the Websites or the Services resolved in court. Instead, for any dispute that you have against genneve, you agree to first contact genneve and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to genneve by email at jill@genneve.com or by certified mail addressed to: Jill Angelo, 85 S Atlantic Street, Seattle, WA 98134. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and genneve cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Seattle, Washington in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and genneve agree that any dispute arising out of or related to these Terms of Use, the Websites or the Services is personal to you and genneve and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and genneve agree that these Terms of Use affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrators, genneve, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

You and genneve agree that for any arbitration you initiate, you will pay the filing fee and genneve will pay the remaining JAMS fees and costs. For any arbitration initiated by genneve, genneve will pay all JAMS fees and costs. You and genneve agree that the state or federal courts of the State of Washington and the United States sitting in Seattle, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms of Use, the Websites or the Services must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that you and genneve will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by emailing jill@genneve.com. In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this section.

If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

Miscellaneous

If any provision of these Terms of Use is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions of these Terms of Use shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms of Use shall in any event otherwise remain valid and enforceable. In no event will genneve be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or production facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within genneve’s reasonable control. These Terms of Use are for the benefit of, and shall be binding upon the parties. No third-party shall be considered a third-party beneficiary hereunder. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of genneve. You and genneve are independent contractors with respect to these Terms of Use and the Website and Services.

Contact

If you have any questions about these Terms of Use, please contact us at: info@genneve.com.