OccasionGenius offers the Program to independents and businesses that want to stay top of mind for their clients with convenient, personalized and valuable event information. By using participating in the Program you represent and warrant that you are of legal age to form a binding contract with us and meet any other eligibility requirements in these Program Terms.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, 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 the Program, 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.
Upon completion of the Registration Form, you will be asked to send OccasionGenius your list of clients and contacts (“Contacts”) to be used in the branded email blasts (“Branded Emails”) provided to you in the Program. Please note that we are not responsible for inaccurate, out of date or misspelled emails and that you are solely responsible for ensuring the accuracy of your Contacts. Please do not send Contacts to us who have already unsubscribed or requested that they not receive emails and other correspondence from you or if applicable, your company.
We provide our Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Please do not include clients in your Contacts who are located outside the United States.
You will also be asked to send us a photograph of you and your business logo, if applicable, for use in the Branded Emails.
2. License Granted.
You grant us a non-exclusive, non-transferable, non-sublicensable license to use your name and Images in the performance of our obligations hereunder during the Term including but not limited to the creation of the Branded Emails.
3. OccasionGenius Obligations
Upon receipt of your Registration Form, Contacts and Images, OccasionGenius will design a Branded Email featuring your Images and containing a specific code (“Code”). Branded Emails will be sent to your Contacts who can then use the Code to go on the Website and sign up for our services.
We will provide a referral code and a link to upload your contacts. When your contacts register from your code or invite, they will receive on default one Branded Email per week of the Term (defined below).
CONTACTS ARE CONSIDERED CONFIDENTIAL. OCCASIONGENIUS WILL NOT SHARE YOUR CONTACTS WITH COMPETITORS. FOR EXAMPLE, OCCASIONGENIUS WILL NOT SHARE THE CONTACTS OF ONE REAL ESTATE AGENT WITH ANOTHER REAL ESTATE AGENT.
The Initial Term of the Program will be for one (1) year from the date of payment (“Effective Date”). The Term shall renew for successive one (1) year terms (“Additional Term”) on the anniversary of the Effective Date unless terminated in accordance with these Program Terms.
You may cancel your participation in the Program at any time by contacting firstname.lastname@example.org during the Initial Term or any Additional Term. Upon termination, we will cease sending Branded Emails to your Contacts.
You may terminate your participation in the Program up to thirty (30) days after commencement of an Additional Term, in which case you will receive a refund of the Fee. After 30 days, the Fee, defined below, is NON-REFUNDABLE, and you will not receive any portion of the Fee back if you cancel the Program during the Initial Term.
3. Payment of Program Fee
Our Website, contents, 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 OccasionGenius, our 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. Except as provided in these Program Terms, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You may not:
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our 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 Program Terms and your participation in the Program.
1. Limitation of liability
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 PROGRAM OR 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 PROGRAM OR THE WEBSITE, IS AT YOUR OWN RISK AND IS OFFERED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US OR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE PROGRAM, THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM 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.
2. Limitation on Liability
IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR 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 PROGRAM OR THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.