TERMS AND CONDITIONS 

Thank you for visiting this website. We at Kristen Wheeler d/b/a Native Genius (hereinafter “Company”) want this to be a positive experience for you and others. For that reason, we have put in place the following terms of use for this website. Your access and use of this website are subject to the terms below. We hope you enjoy the content you find here. If you have questions or comments, you can contact us at the email address or mailing address found at the end of these terms.  

Overview of our Terms of Use

These Terms of Use (“Terms”) govern the use of our website www.nativegenius.com and (the “Site”), as well as other website content, social media content channels, products, goods, services, promotions, software, technology and any other materials that we may provide through the Site or elsewhere, as well as other services that link to, or contain references to, this document and are published or made available by Company and our affiliates as applicable (all of the foregoing collectively referenced hereinafter as “Services”). Please read these Terms carefully.  These Terms do not govern sites, applications, destinations, or services linked to or from the Site or Services that we do not own or control.

You can access the Terms any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Services you are using.  BY ACCESSING, VISITING OR USING THE SITE OR SERVICES, YOU CONSENT TO THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF THE SITE AND ANY OTHER OF THE SERVICES GOVERNED BY THESE TERMS. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY OF THESE TERMS FOR FUTURE REFERENCE.

In addition to reviewing the Terms, please also review our Privacy Notice (“Privacy Notice”) and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users through the Site or Services, because the Privacy Notice and all such other terms and conditions are also part of the Agreement between you and us. 

Additional terms will apply to any transactions you make through our Site or Services, and such will be provided during the specific process (for example, if you purchase products or services for sale on the Site or through our Services). Those terms may vary from the Terms provided herein.

IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST ACCESS AND/OR USE THE SITE AND/OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

Changes to These Terms

We may in our sole and absolute discretion change these Terms or our Privacy Notice from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Services. By continuing to use our Site or any other of our Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing. 

Company Intellectual Property; Limited License to the Services 

Our Site, Services, products, information and other content (“Company Works”) are intellectual property owned by Company and are protected by the copyright laws of the United States and other countries. These Company Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Company Works other than the rights licensed to you by the terms below.

For any Services that enable you to access, view, download, share or use in any other fashion the Company Works only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Company Works FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.  None of these Company Works may be copied, shared, or distributed at any time except as expressly provided on the Site or Services (for example, permissible downloading or sharing of any informational materials).

Any use of the Site, Services and Company Works other than as specifically authorized by these terms without our prior written permission (including service agreements you may have with us) is strictly prohibited and will automatically terminate the license granted herein without any further action by Company. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.

Trademark Notices 

The trademark NATIVE GENIUS®, the Native Genius logo, and other website marks, graphics, logos, designs, page headers, button icons, scripts and service names that we use are trademarks or trade dress of Company in the U.S. and/or other countries.  Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.  All other trademarks and logos on our Site or other of our Services are the property of their respective owners.   

User Conduct 

You may only use the Site and other Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Services. In using any Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

1. copy, reproduce, or improperly use or access any content you access or obtain from the Site or the Services;

2. modify, distribute, re-post or sell any content you access or obtain from the Site or the Services except as permitted on the Site or Services;

3. circumvent or disable any content protection system or digital rights management technology used with any Services;

4. decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form;

5. remove identification, copyright or other proprietary notices in or on the Services

6. use the content on our Site for any commercial exploitation whatsoever.

7. disrupt or interfere with the security of, or otherwise abuse, our Site, or any of our Services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;

8. access content, data or portions of our Site that are not intended for you, or log onto a server or account that you are not authorized to access;

9. attempt to probe, scan, or test the vulnerability of the Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

10. access any Services or our website through any automated means, such as “robots,” “spiders,” or “offline readers”;

11. interfere or attempt to interfere with the use of our website or applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

12. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our website;

13. send automated queries of any sort to our Site, including meta-searching and “offline” searches of our Site;

14. harass, “stalk”, disrupt or interfere with any other user's enjoyment of our website or affiliated or linked sites;

15. post or submit any content or other data that is libelous, defamatory, threatening, obscene, invasive of privacy, abusive, illegal, objectionable, fraudulent or will otherwise violate the rights of third parties; 

16. upload, post, or otherwise transmit through or on our Site any viruses or other harmful, disruptive, or destructive files;

17. use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found at our website, the content of any text, or the layout/design of any page or form contained on a page) without Company’s express written consent;

18. use meta tags or any other "hidden text" utilizing a Company name, trademark, or product name without Company’s express written consent;

19. deep link to our Site without Company’s express written consent;

20. create or use a false identity on our Site, share your account information, or allow any person besides yourself to use your account to access our Site (except as permitted on the Site);

21. harvest or otherwise collect information about Company users, including email addresses and phone numbers;

22. download, “rip,” or otherwise attempt to obtain unauthorized access to any Services, content or other materials; and

23. post any copyrighted material unless the copyright is owned by you or unless you have an express license from the copyright owner permitting such posting.  

Modifications to Company Services 

Company reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Company Services (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Company Services.

Termination of Your Access to Company Services 

You agree that Company, in its sole discretion, may terminate your access to any of the Company Services, and/or remove, discard or modify any User-Generated Content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Company Services may be affected without prior notice and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Company Services. If you use the Site in violation of these Terms, Company may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Company shall not be liable to you or any third party for the discontinuation or termination of your access to the Company Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

Third-Party Links and Services 

Our Site and Services may contain links to other websites or services. We may also feature goods and services of third parties on one or more of our social media feeds or channels.  These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Further, your dealings with any third parties found on or through the Site or Services, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, including privacy terms, are solely between you and the third party. You agree that Company will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, through the Site or Services. 

Privacy Notice 

As noted elsewhere herein, the data that we obtain from you through your use of any of the Services is subject to our Privacy Notice. The Privacy Notice can be viewed on our Privacy Notice page. [insert link] The Privacy Notice contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Notice before you use the Services. If you are unwilling to accept the terms and conditions of the Privacy Notice, please do not use our Services.

Releases 

You hereby release and discharge Company and any affiliates (the “Company Affiliates”) from any and all claims, suits, rights of action, losses, charges, damages, demands, debts, or causes of action, in law or in equity, that you have, or may come to have, against Company and/or the Company Affiliates, arising out of, or relating to, your use of the Services. You understand and agree that this Release is a condition precedent to your access to the Services. You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party].” Nonetheless, it is your intent to release Company and the Company Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against Company and the Company Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.

Limitation of Liability 

YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USE,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN OUR SITE OR OTHER SERVICES, (5) RELIANCE ON CONTENT OR USER-GENERATED CONTENT OR POSTINGS ON OR IN OUR SITE OR SERVICES, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL COMPANY’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Indemnification 

You agree to indemnify, defend and hold harmless Company and Company Affiliates, our officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation or breach of these Terms of Use. If you cause a technical disruption of any of our Services, or the Site or the systems that the Services or Site are hosted on, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. 

International Users 

Our website is controlled, operated, and administered by Company from its offices within the United States of America. We recognize that it is possible for you to obtain access to the Services and Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Services and Site have been designed to comply with the laws of the State of Colorado and of the United States. Company makes no representation or warranty that the materials contained within our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the website are illegal is prohibited. 

By accessing or otherwise using the Site and Services, you represent and warrant that: (a) your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms; (b) 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 that you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any of our Site or Services.

Privacy provisions applicable to persons in the EU, UK, California, Australia and other places may be found in our Privacy Notice.

DMCA Copyright Policy  

Company respects the intellectual property rights of others, and we require users of our Site and Service to do the same. Site and Service users remain the original copyright owner in all content provided on the community. Use of the material in a manner that is inconsistent with the terms and conditions set forth herein is strictly prohibited.

Company has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), as codified in 17 U.S.C § 512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement ("Copyright Agent") is listed at the end of this policy.

If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Company’s Copyright Agent:

• Information reasonably sufficient for Company to contact you: name, address, phone and e-mail address (if available);

• A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;

• Information reasonably sufficient to permit Company to locate your work on the site;

• A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;

• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner's behalf;

• A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Company by mail or email as set forth below:

Email: [email protected]

Mail: Native Genius

Attn: Copyright Agent

345 Laramie Blvd.

Boulder, CO 80304

 

Governing Law; Dispute Resolution 

As the Services and Site are controlled by Company from Colorado, you agree that Colorado and U.S. law will apply regardless of your residence or the location where you use the Site and Services. In the event of any controversy or claim arising out of or relating to these Terms or the breach thereof (“Dispute”), the Parties agree to negotiate for a period of thirty (30) days following a party’s notice of such Dispute.  In the event that negotiation does not resolve the Dispute, the Parties agree that such Dispute shall be settled by arbitration in Boulder County, CO before a single arbitrator knowledgeable in commercial contracts and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Limitation of Actions Brought Against Company 

You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

If you have any questions or concerns with respect to the Site, Services or these Terms, you may contact a representative of Company at:

 

Email:  [email protected]

Mail: Native Genius

345 Laramie Blvd.

Boulder, CO 80304

(Eff. February 9, 2023)