We recommend strongly that you carefully read these Terms and Conditions (“T&Cs”). This is a legal agreement between you and Generationtree.com, Inc, (“GTI”). The GTI Privacy Policy must be read together with these T&Cs, and by this reference the GTI Privacy Policy is incorporated into and made a part of these T&Cs. However, if the Privacy Policy is interpreted to in any way to conflict with these T&Cs, the Privacy Policy will govern.
All content of your seed box posted by you, is owned by you. You are solely responsible for content of your seed box. GTI’s primary purpose is to allow and facilitate your ability to share the content of your seed box with other members of your family who set up seed boxes on GTI. Content in your seed box may be added or deleted by you. You have the right to download the content of your seed box for a reasonable fee, the amount of such fee being determined by GTI at its sole discretion.
Amendments/modifications may be made to theses T&Cs and the Privacy Policy by GTI at its sole discretion. Continued use of GTI by you after any such amendment/modification means that you agree to the amended/modified T&Cs and/or Privacy Policy. If you do not agree with any amendment or modification, you agree that you will stop using GTI as your sole recourse.
You agree that you will only post content in your seed box that is legal. You agree that you will not post content in your seed box that infringes on any other person’s or entity’s rights, including, but not limited to, intellectual property rights or privacy rights. GTI reserves the right to require you to remove content that is deemed offensive as determined by GTI in its sole discretion. You agree that you will comply with any and all laws when utilizing GTI.
In any full or partial ownership change in GTI, all or part of the information GTI has about you could be part of the assets transferred as part of the transaction. At its sole discretion, GTI may assign all or part of its rights and/or assets acquired as a result of these T&Cs and Privacy Policy. Upon completion of such an assignment, you agree that GTI will be released from all liabilities under this agreement.
In the event that you breach these T&Cs, you agree that you are solely responsible for and liable for any damages or loss to either GTI or any third party as a result of your breach of these T&Cs. You agree that GTI may disable your seed box if GTI has a good faith belief that you have violated these T&Cs.
DISCLAIMER OF WARRANTIES:GTI WILL STRIVE TO PROVIDE A SERVICE THAT IS WITHOUT COMPUTER “BUGS”; HOWEVER, YOU UNDERSTAND AND AGREE THAT YOU USE GTI AT YOUR OWN RISK. GTI IS BEING PROVIDED “AS IS”, AND GTI PROVIDES NO EXPRESS OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY, NO FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF NON-INFRINGEMENT. GTI CANNOT AND DOES NOT GUARANTEE THAT GTI WILL ALWAYS BE ERROR-FREE, SAFE, SECURE, OR THAT GTI’S SERVICES WILL ALWAYS BE AVAILABLE WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS. YOU UNDERSTAND AND AGREE THAT GTI IS NOT RESPONSIBLE FOR THE CONTENT, ACTIONS, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE GTI AND OUR OFFICERS, EMPLOYEES, DIRECTORSAND AGENTS FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS STATEMENT OR GTI, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR GTI WILL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE AMOUNT YOU HAVE PAID IN SUBSCRIPTION FEES DURING THE LAST TWENTY-FOUR MONTHS. THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU IF IT IS NOT ALLOWED UNDER APPLICABLE LAW . GTI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
DISPUTES:
You agree to resolve any cause of action, claim or dispute you make against GTI arising out of or related to these T&Cs exclusively in a state court located in Orange County, California, which shall have personal jurisdiction over such cause of action, claim or dispute. These T&Cs as well as any cause of action, claim or dispute shall be governed by the laws of the State of California.
You agree to defend, indemnify and hold harmless GTI from and against all claims, losses, damages, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to your actions, content or information on GTI. It is understood and agreed that you and other users of GTI are responsible for the information or content transmitted or shared on GTI, and that the users are responsible for any obscene, inappropriate, offensive, unlawful or otherwise objectionable content on GTI. You agree that GTI is not responsible for any conduct of GTI users.
Any violation of these T&Cs, or any violation of the spirit of these T&Cs, or any conduct that creates any risk of legal risk for GTI, shall be a basis for GTI to stop providing services to you.
You have agreed to pay a subscription fee to GTI for use of GTI’s platform and services. All subscription fees shall be paid by credit card acceptable to GTI. Your subscription shall automatically renew by charge to and payment from your credit card on file with GTI. Upon the death of a subscriber, he or she will no longer be required to pay a subscription fee. However, the deceased subscriber’s account (i.e., the deceased subscriber’s seed box) will continue to be accessible to other family members who have open accounts on GTI. “Proof of Death” satisfactory to GTI shall be submitted to GTI.
Any failure y GTI to enforce these T&Cs shall not be construed as a waiver of any of the provisions of these T&Cs.
GTI expressly reserves all rights not expressly granted to you under these T&Cs.
You agree that you may not and shall not assign any of your obligations or rights under these T&Cs without the express written consent of GTI. You agree that no third party beneficiary rights are created or conferred by these T&Cs.
These T&Cs along with the policies referenced herein constitute the entire agreement between you and GTI.
If any portion of these T&Cs is determined by a court of competent jurisdiction to be unenforceable for any reason, the remaining portions of these T&Cs shall remain in full force and effect.
If you need to contact us, please use our email address at info@generationtree.com