TERMS OF SERVICE
This TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Retreat Platform conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from the Retreat Platform solely for your personal use, provided that all hard copies contain all copyright, trademark and other applicable notices contained in such materials and information. You may also print and download materials and information from the Retreat Platform to educate your school and community provided that all hard copies contain all copyright, trademark and other applicable notices contained in such materials and information.
Except as may be expressly permitted by applicable law or expressly authorized by GeniusX, and without limiting the general restrictions above, you may not, and you may not authorize others to:
- store, copy, modify, distribute or resell any information or material from the Retreat Platform (“Material”);
- reproduce, modify, decompile, disassemble, reverse engineer or create derivative works of the Retreat Platform or Material;
- use any robot, spider, scraper, web crawler or other automated means or any similar manual process to use the Retreat Platform or store, copy, modify, distribute or resell any Material;
- rent, lease or sublicense access to the Retreat Platform;
- use the Retreat Platform or Material for any purpose except for your own personal use;
- use the Retreat Platform to post or transmit any information or material that is defamatory, offensive, indecent, obscene, or unlawful or contains a virus, Trojan horse, worm, or other harmful component;
- disable or evade any security elements of the Retreat Platform;
- use the Retreat Platform in a manner that is detrimental to the availability or performance of the Retreat Platform; or
- remove or modify any proprietary rights notice on any portion of the Retreat Platform or Material.
By downloading, accessing, or using the Retreat Platform in order to view any information and materials, register or enter into a transaction with or through GeniusX for any reason, or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Retreat Platform, including, without limitation, when You provide information via a Retreat Platform registration or submission form. The Retreat Platform is not intended for use by minors. Parents and guardians should monitor the use of the Retreat Platform by minors. Children under age 13 should not use the Retreat Platform at all. If a child under age 13 submits information through any part of the Retreat Platform, and we become aware that the person submitting the information is under age 13, we will attempt to delete the information as soon as reasonably possible. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Retreat Platform. You also acknowledge and agree that use of the Internet and access to the Retreat Platform is solely at your own risk. While GeniusX has endeavored to create a secure and reliable Retreat Platform, You should understand that the confidentiality of any communication or material transmitted to/from the Retreat Platform over the Internet or other form of global communication network cannot be guaranteed. Accordingly, GeniusX is not responsible for the security of any information transmitted to or from the Retreat Platform. You must make your own determination as to such issues.
As the parent or legal guardian of the minor using or downloading the Retreat Platform, by clicking “I accept”, you acknowledge that: (i) your minor child using or downloading this Retreat Platform is not under the age of 13; (ii) that you are the parent or legal guardian of the minor child using or downloading the Retreat Platform and that you have the right, authority, and capacity to accept this TOS on behalf of yourself and your minor child; (iii) that you grant permission for your child to use and download the Retreat Platform and will supervise and take responsibility for the actions of your child at all times; (iv) that you have read and agree to abide by this TOS; and (v) that you have reviewed this TOS with your child and have agreed that your child will abide by the terms and conditions of the TOS. All references to “You” in the Agreement shall include both you and your child where appropriate.
OTHER TERMS AND CONDITIONS
Additional notices, terms, and conditions may apply to the donation of funds or payment for or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOS and other notices, terms, and conditions posted to the Retreat Platform, GeniusX shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such donation, payment, or participation.
While we attempt to ensure that the information available through the Retreat Platform is as complete and accurate as possible, we make no warranties that it is correct, complete, or current. Further, many courses, games and content accessible through the Retreat Platform is entered by third-party coaches and trainers. GeniusX does not review this content for completeness or accuracy or screen it in any way. You acknowledge and agree that GeniusX is not responsible for the content of any materials or information posted to or otherwise available on the Retreat Platform, whether provided by coaches on the Retreat Platform, you, or another user. Any reliance on such materials is at your own risk.
NO MEDICAL ADVICE
GeniusX does not offer medical diagnosis, advice or treatment from the Retreat Platform or any social media account, and none of the information contained on the Retreat Platform should be interpreted as providing medical advice or services of any kind. If you have a medical condition or a specific medical question, please contact your physician or healthcare provider. Only your physician or other healthcare provider can determine if a product or medical treatment is appropriate for you.
This Retreat Platform may contain blogs, message boards, comment areas, questionnaires, and other interactive features and functionality where Users can share and post certain information and content. To the extent that the Retreat Platform contains such communication forums (collectively, “Forums”), You agree that by using the Retreat Platform You will not upload, post, display, or transmit any of the following materials on the Retreat Platform’s Forums:
- Anything that interferes with or disrupts the Retreat Platform or the operation thereof;
- Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;
- Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
- Statements or material that violates other contractual or fiduciary rights, duties, or agreements;
- Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
- Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of GeniusX;
- Statements or material that misrepresents your affiliation with any entity and/or GeniusX;
- Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual;
- Statements or material that are “off-topic” for a designated Forum, and
- Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Retreat Platform.
PERMISSION TO USE POSTINGS
Forums and postings to the Retreat Platform are the resources and property of GeniusX and/or its licensors and You will not have any proprietary interest in any Forum. Moreover, by submitting or uploading content, images, memes, information, or materials of any type (a “Posting”) to a Forum or other portion of the Retreat Platform or by otherwise using the Retreat Platform to transmit or display a Posting, You automatically grant GeniusX a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content, image, meme, information, or material (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that You have all necessary rights to make the Posting available to GeniusX and a Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that GeniusX has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, images, memes, and materials to appear on the Retreat Platform, GeniusX has not become and is not a publisher of such information, content, images, memes, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, GeniusX assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information. All Users shall remain responsible for their own Postings.
NO PRE-SCREENING OF POSTINGS
GeniusX is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to GeniusX’ right and ability to delete or remove a Posting (or any part thereof), GeniusX does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, GeniusX reserves the right (but undertakes no obligation) to monitor, delete, or take other action with respect to Postings (or parts thereof) that GeniusX believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to GeniusX or its affiliates, members, volunteers, services, programs, or goodwill. If You violate this TOS, GeniusX may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue You a warning regarding your use of the Retreat Platform, and/or terminate your use of the Retreat Platform.
SOCIAL MEDIA FEEDS
LINKS TO OTHER SITES
GeniusX may provide links, in its sole discretion, to third-party websites or applications for your convenience in locating or accessing related information, products, and/or services. These sites and applications have not necessarily been reviewed by GeniusX and are maintained by third parties over which GeniusX exercises no control. Accordingly, GeniusX expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites or applications. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
THIRD PARTY APPLICATION PROVIDER
You may be using various third-party hardware, applications and platforms (such as Oculus headset and Oculus Store) to access the Retreat Platform. The provider of any such third-party applications shall be each referred to as an “Application Provider”. You acknowledge and agree that this TOS is concluded between you and GeniusX, and not with the Application Provider, and GeniusX is not responsible for any failure or liability arising out third-party hardware, applications and platforms. You must also comply with all applicable third-party terms of service when using the Retreat Platform.
THE RETREAT PLATFORM IS OFFERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. GENIUSX MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ANY USE OF OR INABILITY TO USE THE RETREAT PLATFORM, OR ACCURACY OF THE RETREAT PLATFORM FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. GENIUSX ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS RETREAT PLATFORM WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE RETREAT PLATFORM IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GENIUSX IS NOT LIABLE FOR ANY CONDUCT OF ANY OTHER USERS OF THE RETREAT PLATFORM.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GENIUSX BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS RETREAT PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF GENIUSX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GENIUSX FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS RETREAT PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO GENIUSX IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $500 (US), WHICHEVER IS LESS.
This TOS will be deemed to have been made in the State of Arizona, and the provisions and conditions of this TOS will be governed by and interpreted in accordance with the laws of the State of Arizona, without regard to conflict of laws principles thereof. EXCEPT FOR ANY ACTIONS FOR PRELIMINARY EQUITABLE RELIEF, THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS THE STATE AND FEDERAL COURTS LOCATED IN MARICOPA COUNTY, CALIFORNIA. USER AND YOU CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these TOS.
You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, with respect to unauthorized use of GeniusX proprietary assets, will cause irreparable injury to GeniusX, such injury would not be quantifiable in monetary damages, and GeniusX would not have an adequate remedy at law. You therefore agree that GeniusX shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, You hereby waive any requirement that GeniusX post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to GeniusX to enforce any provision of this TOS.
TERM AND TERMINATION
This TOS will take effect the moment You click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Retreat Platform, whichever is earliest. GeniusX reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny You access to the Retreat Platform or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOS will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your membership status with GeniusX. You may also terminate this TOS at any time by ceasing to use the Retreat Platform, but all applicable provisions of this TOS will survive termination, as identified below, and each re-access or use of the Retreat Platform will reapply this TOS (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Retreat Platform in your possession. The provisions concerning GeniusX’ proprietary rights, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOS for any reason.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by GeniusX of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.