Terms and Conditions
Welcome to the Genius Health Savings® website (the “Site”), provided to you by DirectWeb Administrative Services, LLC dba Genius Avenue (“Genius Avenue®”). Please read this Agreement carefully. This Agreement is a legal contract between you (an individual) and Genius Avenue and its affiliates (“Genius Avenue,” or “we” or “us”). By using the Site, you are agreeing to all the terms in this document (sometimes referred to as the “Agreement”). PRINT OUT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
If you do not agree to the following terms, do not access or use the Site.
The “Content” of this Site includes text, graphics, logos, icons, images, audio or video content, and digital or printable downloads, as well as the design, selection, and arrangement of this content.
CHANGES TO OUR AGREEMENT
We will notify you of material changes to this Agreement by posting a notice on the Site or sending you an electronic communication to your email address, at our discretion.
In addition, products and services made available in the Genius Health Savings website may be added, cancelled, substituted or replaced at our sole discretion.
If you continue to use the Site after we provide notification of changes and those changes are made to the Agreement, you have agreed to the changes.
This Site is intended for access only by United States residents. Potential users in any other jurisdiction whose laws or regulations would void this Agreement in whole or in any essential part, or which makes accessing the Site illegal, are unauthorized to use the Site, and do so entirely at their own risk.
INTELLECTUAL PROPERTY RIGHTS
Copyright 2020 Genius Avenue and Genius Health Savings. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Site are copyrighted by Genius Avenue, unless otherwise noted. The distinctive and original layout and presentation of the Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Genius Avenue appear throughout the Site. The Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Genius Avenue or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
If you give us any feedback or data, such as ideas, comments, suggestions or questions relating in any way to the Site, such information shall be deemed to be non-confidential and we are free to reproduce, use, disclose and distribute the information to others without limitation. Further, we are free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques.
You promise that Your Personal Information entered into the Site is correct and applies only to you.
HOW YOU MAY USE THE SITE
You may print only enough copies of information available from the Site for your personal needs. You may not do anything else with the Content, such as re-publish, rent or sell any of the Content yourself.
When using the Site, you will NOT:
- Pretend to be someone else;
- Look at someone else’s information unless you are helping that person use the Site;
- Interfere with the Site;
- Try to figure out how the software making up the Site works;
- Use the information on the Site to create and sell a similar service or similar information; or
- Use the Site to violate the law.
If you operate another website and are interested in linking to our Site, you must obtain consent from Genius Avenue and agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL https://www.geniushealthsavings.com and not to any other pages; (3) the link, and use, must be in connection with a website of appropriate subject matter; (4) the link, and use, may not be such that may damage or dilute the goodwill associated with Genius Avenue’s names and marks; (5) the link, and use, may not create the false appearance that an entity other than Genius Avenue is associated with or sponsored by Genius Avenue; (6) the link, when activated by a user, must display the Site full-screen and not with a “frame” on the linked website; and (7) Genius Avenue reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice.
WE CAN SUSPEND YOUR ACCESS
We can suspend or close your access on our Site or otherwise cease providing the Site in whole or in part at any time and for any or no reason. Our failure to enforce any right, or failure to take action against you regarding your breach of this Agreement, will not be a waiver by us of any later right or breach.
There is no warranty of any kind, including, without limitation, any warranty of title, merchantability, non-infringement, or fitness for a particular purpose.
WE DO NOT WARRANT THAT THE SOFTWARE OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SOFTWARE, THE ONLINE COMMUNITY, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE SITE, IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT- INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE – WHETHER MADE BY EMPLOYEES OF GENIUS AVENUE OR OTHERWISE, WILL BE DEEMED TO BE A WARRANTY BY GENIUS AVENUE FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF GENIUS AVENUE WHATSOEVER.
WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION.
WE ARE NOT LIABLE TO YOU IN ANY WAY.
GENIUS AVENUE IS NOT RESPONSIBLE FOR DAMAGES TO YOU FOR ANY REASON.
IN NO EVENT SHALL GENIUS AVENUE OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE SITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, ADVICE, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GENIUS AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE. GENIUS AVENUE DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
Genius Avenue does not endorse any third party programs, products or services, procedures, investments, opinions, or other information that may be mentioned on the Site, or suggested or provided by any third party providers. Any views expressed by third parties on this Site are solely the views of that third party and we assume no responsibility for the accuracy or truth of any statement made by that third party. You should make your own decision about the reputation of each third party provider, and about other products and services that may be discussed.
WE MAKE NO GUARANTEES ABOUT THE RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDERS, OR ABOUT WHETHER ANY PRODUCTS OR SERVICES WILL HELP YOU ACHIEVE THE RESULTS YOU WANT.
YOUR INDEMNIFICATION OF US
You agree to indemnify, defend and hold harmless Genius Avenue, its officers, representatives, attorneys, managers, members, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of the Site, your use of any material, information, advice or data downloaded or otherwise obtained from the Site or the third party providers, or your violation of this Agreement.
COMMUNICATIONS BETWEEN YOU AND GENIUS AVENUE
You can contact us through this Site or send us an email. Unless you tell us otherwise or the law requires otherwise, you agree to receive all communications from us by email or general posting to the Site. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.
You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent by us electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, please contact Genius Avenue at firstname.lastname@example.org.
- Genius Avenue can call you about any of its, or its affiliates (“Affiliates”), products or services (“Products and Services”);
- Genius Avenue can call you to inquire about re-ordering any of its, or its Affiliates, Products or Services; or
- Genius Avenue can call you about any of its, or its Affiliates, new Products or Services.
- I understand that I am not required to consent to the release of my phone number in order to purchase any Products or Services, and I can opt out at any time.
You may need your own account to use certain Genius Avenue Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Genius Avenue does not offer products for children, but it does offer them to adults. If you are under 18, you may use the Genius Health Savings Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in the Genius Health Savings. Genius Avenue reserves the right to refuse service, terminate accounts, terminate your rights to use the Genius Health Savings, remove or edit content, or cancel orders in its sole discretion
Please note that the members of your household are also subject to the provisions governing this account until you notify us otherwise.
This Agreement is governed by the laws of the State of ARIZONA, excluding its laws regarding conflicts of laws. The exclusive PLACE for any dispute relating TO THIS AGREEMENT is PHOENIX, ARIZONA. Any disputes related to this Agreement, or Genius Avenue will be decided in binding arbitration under the rules of the American Arbitration Association. If any part of this Agreement becomes illegal or unenforceable, that part will be deemed deleted from this Agreement, and the remainder of this Agreement will continue in full force and effect, in a manner that gives effect to the original intent between you and Genius Avenue.
Any cause of action or claim relating to this Agreement or the Site must be commenced within 1 year after the action or claim arises.
OUR CONTACT INFORMATION
DirectWeb Administrative Services, LLC dba Genius Avenue
4280 N. Campbell Avenue, Suite 200
Tucson, AZ 85715