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OccasionGenius LLC Terms and Conditions for OccasionGenius.com

IMPORTANT - READ CAREFULLY BEFORE USING WEBSITE.

OccasionGenius LLC ("OccasionGenius") offers this website (www.occasiongenius.com), including all information, software, products and services available from this Website or offered as part of or in conjunction with this Website (collectively, the "Website"), to you, the user, (“You” or “User”) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here (the “Terms and Conditions”). OccasionGenius reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by OccasionGenius. If an individual is using this Website on behalf of a corporation or other entity, "You" refers to that entity and that entity will be bound by the Terms and Conditions below.

  1. License. Subject to your compliance with these conditions, OccasionGenius grants to you a limited, non-transferable, non-exclusive license to use the Website on any computer owned, leased, and/or controlled by you. This license is not a sale of the original Website or any copies. All rights not expressly granted to you are reserved and retained by OccasionGenius. No Website, nor any part of Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OccasionGenius. You may make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website.
  2. Personal and Noncommercial Use. The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to OccasionGenius that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.
  3. Featured Links and Advertisements. The Website may contain hyperlinks to websites offered by parties other than OccasionGenius. Such hyperlinks are provided for your reference and convenience only. OccasionGenius does not control such other Websites and is not responsible for their content; nor does OccasionGenius’ inclusion of hyperlinks to such Websites imply any endorsement of the material on such Websites or any association with their operators. OccasionGenius provides advertising services to third parties and does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Website. OccasionGenius is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, OccasionGenius has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Website, are those of the respective author(s) or distributor(s) and not of OccasionGenius. Neither OccasionGenius nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Website represents the opinions and judgments of the respective information provider, User, or other user not under contract with OccasionGenius. OccasionGenius neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Website by anyone other than authorized OccasionGenius employee spokespersons while acting in their official capacities. Under no circumstances will OccasionGenius be liable for any loss or damage caused by a User’s reliance on information obtained through Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Website.
  4. Copyrights. All material content included in or made available through Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of OccasionGenius and protected by United States and international copyright laws. The compilation of all content included in or made available through Website is the exclusive property of OccasionGenius and protected by U.S. and international copyright laws. The Website, related documentation, and all intellectual property rights embodied within or derived from such Website are copyrighted works of authorship or proprietary materials exclusively owned by OccasionGenius. OccasionGenius retains ownership of all subsequent copies of the Website and all derivative works based on such Website. All other content not owned by OccasionGenius that appears on the Website appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to, or sponsored by OccasionGenius.
  5. Trademarks. In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks or trade dress of OccasionGenius in the U.S. and other countries. OccasionGenius’ trademarks and trade dress may not be used in connection with any product or service that is not property of OccasionGenius, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OccasionGenius. All other trademarks not owned by OccasionGenius that appear on the Website appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OccasionGenius.
  6. Prohibited Activities. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the OccasionGenius Website may be translated, reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of OccasionGenius. You may not use, copy, or modify the Website or any copy in whole or in part, including any print-out or modification of the source or object codes, except as expressly provided in this Agreement. You may not disclose, display, communicate, or otherwise permit the use of the Website by or to any third party for any purpose. You are prohibited from using the Website to process the data of third parties. You hereby waive any rights granted by the Digital Millennium Copyright Act to decompile the Website or any portion thereof to identify or analyze the interoperability of the Website.
  7. User Conduct.
    1. User shall use Website for lawful purposes only. User shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without OccasionGenius’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in OccasionGenius’ discretion restricts or inhibits any other User from using or enjoying Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with Website.
    2. User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
    3. By submitting material to any public area of Website, User automatically grants, or warrants that the owner of such material has expressly granted OccasionGenius the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that User’s personal use. User hereby grants OccasionGenius the right to edit, copy, publish, and distribute any material made available on Website by User.
    4. The foregoing provisions of Sections 5, 6, 7, and 8 are for the benefit of OccasionGenius, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  8. Use of Website. The Website may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
    1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicate or unsolicited messages (commercial or otherwise).
    2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
    4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
    5. Use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
    6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
    7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
    8. Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
    9. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    10. Restrict or inhibit any other user from using and enjoying the Communication Services.
    11. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
    12. Harvest or otherwise collect information about others, including email addresses.
    13. Violate any applicable laws or regulations.
    14. Create a false identity for the purpose of misleading others.
    15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

    OccasionGenius has no obligation to monitor the Communication Services. However, OccasionGenius reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. OccasionGenius reserves the right to terminate Your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

    OccasionGenius reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OccasionGenius’ sole discretion.

    Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

    Always use caution when giving out any personally identifiable information in any Communication Services. OccasionGenius does not control or endorse the content, messages or information found in any Communication Services and, therefore, OccasionGenius specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.

    Managers and hosts are not authorized OccasionGenius spokespersons, and their views do not necessarily reflect those of OccasionGenius.

  9. Member Account, Password and Security. If any of the Website requires User to open an account, User must complete the registration process by providing OccasionGenius with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify OccasionGenius immediately of any unauthorized use of User’s account or any other breach of security. OccasionGenius will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by OccasionGenius or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
  10. Disclaimer of Warranty, Limitation of Liability. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY OCCASIONGENIUS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OCCASIONGENIUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER OCCASIONGENIUS, ITS AFFILIATES NOR ANY OF THEIR REPSECTIVE EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR ACCESSED THROUGH THE WEBSITE. NO REPRESENTATIVE OF OCCASIONGENIUS IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS AGREEMENT IN ANY WAY. OCCASIONGENIUS DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OCCASIONGENIUS' SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OCCASIONGENIUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCCASIONGENIUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WEBSITE, OR FROM ANY SERVICES RECEIVED FROM OR OTHER INTERACTION WITH AN ADVERTISER LISTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR COURSE OF PERFORMANCE. By way of example, and not in limitation of the preceding disclaimer, in the event you receive services from one of the advertisers featured on the Website OccasionGenius will not be liable to you for any damages or claim resulting from such services. You acknowledge and agree that OccasionGenius neither provides nor endorses the services advertised on the Website.
  11. Termination of Privileges. OccasionGenius reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If OccasionGenius notices or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, OccasionGenius may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.
  12. Changed Terms. OccasionGenius shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by You after such notice shall be deemed to constitute Your acceptance of such changes, modifications or additions.
  13. General: OccasionGenius retains all rights not expressly granted herein. OccasionGenius may freely assign these Terms and Conditions. These Terms and Conditions are the complete and exclusive agreement of the parties and supersedes all prior communications, oral or written, between the parties relating to the Terms and Conditions’ subject matter. Without regard to its conflicts of laws principles, the laws of the Commonwealth of Virginia govern all matters, including torts, with respect to these Terms and Conditions. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. OccasionGenius reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by OccasionGenius. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  14. Testimonial Disclaimer. IN ACCORDANCE WITH THE FTC GUIDE LINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE BE AWARE OF THE FOLLOWING:
    1. TESTIMONIALS APPEARING ON THIS SITE ARE ACTUALLY RECEIVED VIA TEXT, AUDIO OR VIDEO SUBMISSION. THEY ARE INDIVIDUAL EXPERIENCES, REFLECTINGREAL LIFE EXPERIENCES OF THOSE WHO HAVE USED OUR PRODUCTS AND/OR SERVICES IN SOME WAY OR ANOTHER.
    2. HOWEVER, THEY ARE INDIVIDUAL RESULTS AND RESULTS DO VARY. WE DO NOT CLAIM THAT THEY ARE TYPICAL RESULTS THAT CONSUMERS WILL GENERALLY ACHIEVE. THE TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF ALL OF THOSE WHO WILL USE OUR PRODUCTS AND/OR SERVICES.
    3. THE TESTIMONIALS DISPLAYED (TEXT, AUDIO AND/OR VIDEO) ARE GIVEN VERBATIM EXCEPT FOR CORRECTION OF GRAMMATICAL OR TYPING ERRORS. SOME HAVE BEEN SHORTENED. IN OTHER WORDS, NOT THE WHOLE MESSAGE RECEIVED BY THE TESTIMONIAL WRITER IS DISPLAYED, WHEN IT SEEMED LENGTHY OR NOT THE WHOLE TESTIMONIAL SEEMED RELEVANT FOR THE GENERAL PUBLIC
    4. OCCASIONGENIUS IS NOT RESPONSIBLE FOR ANY OF THE OPINIONS OR COMMENTS POSTED TO OUR SITE.
    5. WEBSITE IS NOT A FORUM FOR TESTIMONIALS, HOWEVER PROVIDES TESTIMONIALS AS A MEANS FOR CUSTOMERS TO SHARE THEIR EXPERIENCES WITH ONE ANOTHER. TO PREVENT AGAINST ABUSE, ALL TESTIMONIALS APPEAR AFTER THEY HAVE BEEN REVIEWED BY MANAGEMENT OF OCCASIONGENIUS. OCCASIONGENIUS DOES NOT SHARE THE OPINIONS, VIEWS OR COMMENTARY OF ANY TESTIMONIALS ON THIS SITE, AND ARE STRICTLY THE VIEWS OF THE REVIEWER.
    6. ADDITIONALLY, THESE TESTIMONIALS ARE NOT INTENDED TO MAKE CLAIMS THAT THESE PRODUCTS CAN BE USED TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE. THESE CLAIMS HAVE NOT BEEN CLINICALLY PROVEN OR EVALUATED BY THE FDA

Should you have any questions concerning these Terms and Conditions, you may contact OccasionGenius.