Terms Of Service
Updated – June 5th, 2023
TERMS OF SERVICE
Introduction
These Terms of Use (the “Terms”) govern your use of certain services, including the website https://ecomgenie.co/ web and mobile applications, chatbots, informational products, chat groups, etc. (collectively, the “Services”), provided by Ecom Genie., a Delaware corporation (collectively, the “Company,” “Ecom Genie,” “we” or “us”). Special rules for individual services are set forth in Section VI of these Terms below.
If you have questions regarding these Terms or about Ecom Genie, please contact us by email at Contact@EcomGenie.co
Acceptance of Terms
By using or accessing the Services, you agree to these Terms. If you do not agree, do not use the Services. In addition, when using the Services, you shall be subject to any posted guidelines or rules applicable to the Services that may contain terms and conditions in addition to those in these Terms.
III. Privacy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our customers. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to The Terms
We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the website, by providing you a notice in a manner we deem reasonable including notifications within the product’s dashboard, and through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, you must stop using the Services. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
We may terminate these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or liability.
General Provisions
To be eligible to use the Services, you must be at least 18 years old. Using the Services may be prohibited or restricted in certain countries. You are responsible for complying with the laws and regulations of the territory from which you access or use the Services. You also represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you decide to use our Services, you will be prompted to create an account. You are solely responsible for the confidentiality of your account, as well as for its use and misuse. You will promptly inform us of any need to deactivate your account. We reserve the right to delete your account at any time and for any reason.
We reserve the right at any time to modify or discontinue any part of the Services, including the website, chatbots or mobile applications (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance. We also reserve the right at any time in our sole discretion to block users from certain IP addresses.
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Ecom Genie without any compensation to you.
The Services may contain links to third party services that are not owned or controlled by Ecom Genie. Ecom Genie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. In addition, Ecom Genie will not and cannot censor or edit the content of any third-party service. You expressly release Ecom Genie from any and all liability both known and unknown arising from your use of any third-party service.
Services
This Section describes individual services provided by Ecom Genie and sets forth specific rules, if any, which shall prevail in the event of any conflicts with other provisions of these Terms.
We are not obligated to maintain or support any of the Services, to provide all or any specific content through any of the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to any of the Services, disable access for any period of time or permanently, and automatically update or upgrade the version of any of the Services that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Contests
From time to time, we may conduct various contests to stimulate the use of our Services. Such contests will always be subject to our General Contest Rules, and each individual contest may be additionally subject to special rules applicable to that contest.
VII. User Guidelines
By accessing and using the Services, you hereby agree that:
You will not use the Services for any unlawful purpose;
You will not upload, post, e-mail, transmit, or otherwise make available any content that: (i) infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or (ii) is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity); or (iii) discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
You will not “stalk” or otherwise harass another person;
You will not spam or use the Services to engage in any commercial activities;
You will not access or use the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
You will not take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will notify us about inappropriate content of which you become aware.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any content that does not adhere to these user guidelines.
VIII. Intellectual Property
All elements of the Services, including underlying the website, web and mobile applications, software, look and feel, and other components (“Ecom Genie IP”), to the full extent protectable by law, are either proprietary to Ecom Genie or proprietary to our licensors. “Ecom Geniel” and other slogans, service marks, and names that are used to identify the Services or the source of the Services, are proprietary to Ecom Genie You shall not remove or alter any proprietary or restrictive notice or legend affixed to any material provided as part of the Services or otherwise provided by Ecom Genie. Except as expressly set forth in these Terms, no license, assignment, or other grant of rights in any Ecom Genie IP, trademarks, copyrights, or any other intellectual property is granted to you and no such grant will result from your accessing or using the Services. All rights in the Services not granted under the Terms are reserved by Ecom Genie.
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998. If you see any material within our Services that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at contact@EcomGenie.co with “Copyright” in the subject line.
Warranties and Disclaimers
ECOM GENIE IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION WITHIN THE SERVICES, INCLUDING, WITHOUT LIMITATION, COURSE REVIEW. ANY USE OF THE SERVICES’ MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA.
NO INFORMATION AND/OR DATA ANALYTICS OBTAINED BY VIRTUE OF YOUR USE OF THE SERVICES IS INTENDED TO CONSTITUTE INVESTMENT ADVICE. ECOM GENIE FORECASTERS MAY OR MAY NOT BE REGISTERED BROKERS, DEALERS OR INVESTMENT ADVISORS. THE INFORMATION PROVIDED ON THE WEBSITE AND CHATBOTS IS MERELY AN ORGANIZED COLLECTION OF THE THOUGHTS AND PREDICTIONS OF THE FORECASTERS PARTICIPATING THROUGH THE ECOM GENIE WEBSITE AND SHOULD BE USED ONLY AS AN INFORMATIONAL TOOL IN DETERMINING YOUR OWN INVESTMENT ACTIVITIES.
THE SERVICES AND ALL CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE TO YOU ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ECOM GENIE NOR ITS AFFILIATES, SUBSIDIARIES, NOR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “ECOM GENIE PARTIES”) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE ECOM GENIE PARTIES SHALL BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION.
THE PRIZE MONEY THAT YOU MAY WIN THROUGH THE ECOM GENIE WEBSITE MAY BE SUBJECT TO TAXES, AND YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR SEEKING PROFESSIONAL TAX ASSISTANCE AND PAYING ANY APPLICABLE TAXES ON SUCH AMOUNTS.
THE ECOM GENIE PARTIES DO NOT ENDORSE OR RECOMMEND ANY RANKING DATA, UNDERLYING STOCKS, OR ANY USER-GENERATED CONTENT MADE AVAILABLE TO YOU THROUGH THE APPLICATION. THE ECOM GENIE PARTIES ARE NOT PARTIES TO, OR HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY USER-GENERATED CONTENT, OR ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN USERS OF THE ECOM GENIE WEBSITE OR FOR ANY RESULTS CAUSED BY USING THE ECOM GENIE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DEATH OR BODILY INJURY THAT YOU MAY SUFFER. THE ECOM GENIE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
THE ECOM GENIE WEBSITE IS NOT A GAME OF CHANCE, AND USERS CANNOT INCUR ANY MONETARY LOSSES BY USING THE APPLICATION. THE APPLICATION DOES NOT ENGAGE IN REAL TRADES OR INVESTMENTS AND DOES NOT INVEST ANY REAL MONEY. YOU SHOULD NOT TRY TO REPLICATE THE TRADES OR INVESTMENTS THAT ARE THE SUBJECT OF THE APPLICATION FORECASTS.
ECOM GENIE IS NOT AN INVESTMENT FUND THAT EXECUTES TRADES USING MONEY PROVIDED BY THIRD PARTIES. USERS OF THE ECOM GENIE WEBSITE ARE NOT INVESTORS IN ECOM GENIE, AND ENGAGE PURELY IN FORECASTING AND PREDICTION WITHOUT THE NECESSITY OF PROVIDING ACTUAL INVESTMENTS TO ECOM GENIE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ECOM GENIE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, THE ECOM GENIE WEBSITE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ECOM GENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, THE ECOM GENIE WEBSITE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE FOR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ECOM GENIE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, THE ACCESS TO AND USE OF THE SERVICES, THE ECOM GENIE WEBSITE, CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED FROM US EXCEED $100.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF ECOM GENIE FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A ECOM GENIE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A ECOM GENIE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Ecom Genie, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Indemnified Parties”), from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, including, without limitation, our web and mobile applications, (b) your violation of these Terms, and (c) your violation of the rights of a third party, including another user. You agree to promptly notify Ecom Genie of any third-party Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ECOM GENIE.
XII. Platform Providers
Platform providers, such as Apple, Inc. and Google, Inc. that make the Ecom Genie website available for viewing (“Platform Providers”) are not party to these Terms. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Ecom Genie website. In the event of any failure of the Ecom Genie website to deliver any product or service purchased by you through the Ecom Genie website (if applicable), you may notify the applicable Platform Provider, and such Platform Provider may refund payments made for such purchases (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other obligation whatsoever with respect to the Ecom Genie Website. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the Ecom Genie Website or your possession or use of the Ecom Genie Website. Platform Providers are third-party beneficiaries of this Section XII, and will have the right (and will be deemed to have accepted the right) to enforce the provisions of this Section XII against you.
XIII. Dispute Resolution
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof), the Services, including, without limitation, the Ecom Genie Website, shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By accessing or using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in New York, State of New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
XIV. Miscellaneous
Nothing in these Terms shall be construed to create a partnership, joint venture or agency relationship between you and us.
You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. We may assign these Terms or any rights contained in the Terms, or delegate any obligations contained in the Terms in our sole discretion. Any purported assignment which is inconsistent with the foregoing shall be null and void.
These Terms, their interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of New York without regard to its conflict-of-laws principles.
Any dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of New York, and the United States, respectively, sitting in the State of New York.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
In the event any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect.
These Terms contain the entire understanding of the parties and cannot be amended except by a writing signed by both parties.