Last Modified: November 13, 2020
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Website, is agreeing to the terms of this Agreement and the accompanying Terms of Service of Purchase with respect to such product or service. Anyone who wishes to subscribe to the Genius Insider must also agree to Terms of Service here. In the event of any conflict between the terms of this Agreement and the Terms of Service of Purchase, the Terms of Service of Purchase shall control.
- Site: “Site” means geniuslounge.offthemarkipsolutions.com
- Parties: “You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to MLG.
- Content: “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “MLG Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than MLG or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and MLG Content.
- Visitors: “Visitors means people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
- Registered Users: “Registered Users” also known as “Members” can do all the things that Visitors can do, and: (i) purchase products and services through our Website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Website; (iv) post comments and other content on the Website (collectively, “Member Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Genius Lounge community.
- USE OF WEBSITE
- Eligibility: To access or use the Website you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Website if you are a competitor of ours or if we have previously banned you from the Website.
- Permission to Use the Website: We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is inaccurate, objectionable, otherwise inappropriate.
- Website Availability: The Website may be modified updated, interrupted, suspended or discontinued at any time without notice or liability. MLG assumes no responsibility for your ability to (or any cost associated with your ability to) access our communication or personal settings.
You agree not to, and will not assist, encourage, or enable others to use the Website to:
- Violate any third party’s right including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
- Promote a business or commercial venture or event, or otherwise use the Website for commercial purposes, except in connection as expressly permitted by MLG.
- Violate any applicable law.
We are under no obligations to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- INTELLECTUAL PROPERTY
The Genius Lounge, Genius Insider, Genius Lab and other phrases on the Website constitute trademarks of MLG. The content of this Website, including but not limited to all the writing on the Website are owned by MLG or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.
Material that is protected by copyright or trademark may not be used without permission from the copyright/trademark owner. Since the Internet makes it so easy to infringe on someone’s intellectual property, it is impossible for us to know if your uploading represents infringement. You are responsible for the material you post on the Website and will be held legal responsible for the copyright and or trademark infringement.
Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MLG Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
5. COMMUNITY GUIDELINES
The Genius Lounge like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that you will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. MLG is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, MLG will submit all necessary information to relevant authorities.
If any Member Content is reported to MLG as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by MLG. If the Member fails to meet such a request, MLG has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of MLG is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose MLG, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Website, Services, and any related software
- Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Websites to engage in any commercial activities;
- If you post any Member Content, you will stay on topic;
- You will not access or use the Websites 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 Websites 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 Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- You will not use any robot, spider, scraper, or other automated means to access the Websites 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 Websites 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 (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
6. MEMBER CONTENT; LICENSES
As noted above, the Website provides Registered Users the ability to post and upload Member Content. You expressly acknowledge and agree that once you submit your Member Content for inclusion into the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Member Content, including, without limitation, any personally identifying information that you may make available. You, and not Murray Law Group, LLC, are entirely responsible for all your Member Content that you upload, post, email, or otherwise transmit via the websites.
You retain all copyrights and other intellectual property rights in and to your own Member Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Member Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Member Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Member Content permitted by the previous sentence and/or to advertise and promote the Websites, MLG, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Member Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Member Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Member Content to us, each such submission constitutes a representation and warranty to MLG that such Member Content is your original creation (or that you otherwise have the right to provide the Member Content), that you have the rights necessary to grant the license to the Member Content under the prior paragraph, and that it and its use by MLG and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
- ATTORNEY-CLIENT RELATIONSHIP
Neither registering as a User or purchasing a product from our Website constitute an attorney-client relationship. No attorney client relationship is formed unless expressly stated in the Terms of Service of Purchase with respect to such product or service.
8. PURCHASE, PRICE INFORMATION, PAYMENT TERMS AND REFUND POLICY
- Subscription: Certain aspects of the Services provided by MLG may require you to purchase a subscription for a period of time as specified during sign-up (collectively a “Subscription”). Your Subscription will automatically renew on a monthly or annual basis (as specified during your sign-up) unless you cancel your Subscription as provided in this section, or we terminate your Subscription as provided in Section 9.
- Shopping in the Genius Lab: Genius Lab (“Lab”) is our online store. It is not necessary to buy a Subscription to make a purchase at the Lab. To make a Lab purchase, you will be prompted to sign into your account. If you do not have an account, create a free account and choose a username and password. Upon completion of the Lab purchase, the purchased product will appear in your account for download. All shopping in the Genius Lab is final. You are responsible for backing up each purchase in the Genius Lab.
- Billing Cycle: As indicated during sign-up, the fee for certain Subscriptions must be paid in a single upfront payment while other Subscriptions may allow payment on an installment basis. If the Subscription fee is paid in a single upfront payment, the total Subscription fee is due and payable to MLG immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period as specified during sign-up.
- Automatic Renewal: In order to provide continuous service, you agree that MLG will automatically renew a Subscription on or about the date the Subscription expires. Such renewal will be for the same duration of the original subscription term and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method (i.e. either as a single upfront payment or an installment basis). By enrolling in a Subscription, you agree that your Subscription will be subject to the above-described automatic renewals unless you cancel your Subscription in accordance with the terms of this Agreement. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional/trial offer and you authorize MLG to charge your Payment Method for such varying amounts as indicated at the time of sign-up. You agree that you are responsible for other charges, including any foreign transaction charges, that may be imposed by credit card providers, payment processors or other third parties in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled.
You may cancel your subscription by visiting your account settings page in your profile, going to the section called “Subscription” and clicking on “Cancel my subscription”. MLG will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request.
- Refund Policy: We will not refund any fees paid to us, including any advance charge(s) or payment(s) for any subscription term for the Services, unless otherwise required by law or the terms of this Agreement. If canceled before the Subscription is due to expire, you will have access to your Subscription until the next billing cycle.
We may terminate this Agreement and close your account, or suspend your access to the Services, at any time without notice and without responsibility or liability to you, in the event of your actual or suspected unauthorized use or misuse of the Website or breach of the Agreement. If you have a Subscription at the time of termination, we will refund to you a pro-rata share of your Subscription charge to account for the period you will not be able to access the Subscription.
We may terminate this Agreement and close your account at any time on reasonable notice to you if we cease to provide the Services.
- COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- ENTIRE AGREEMENT
These terms constitute the entire agreement between you and MLG with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms. These Terms create no third-party beneficiary rights.
- WARRANTY DISCLAIMER AND LIMITED LIABILITY
The Website Content are provided on an “as is” and “as available” basis without any warranties of any kind. To the fullest extent permitted by applicable law, MLG disclaims all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. MLG reserves the right to change functionality and content offered under the Services on an ongoing basis.
To the fullest extent permitted by applicable law, MLG makes no warranties or representations about the Website, products, or services including but not limited to their accuracy, reliability, completeness, efficacy, or timeliness. MLG shall not be subject to liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that your use the Website is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other Content available through the Website.
In no event shall MLG be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the access, use or inability to use the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. To the fullest extent permitted by law, the liability of MLG arising from any error or other circumstance that may give rise to liability
13. EXTERNAL SITES
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
- REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
(a) If you are a Registered User, you hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Member Content and any other works that you incorporate into your Member Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your Member Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Website any Member Content that violates our Community Guidelines set forth above or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
15. ATTORNEY ADVERTISING
This website may constitute attorney advertising under the laws of some states. MLG does not intend its site to constitute attorney advertising but recognizes that it may be so considered in certain jurisdictions. To clarify the purpose of the Website their intent as to its Visitors and Registered Users, MLG states that visiting the Website and interacting with the materials provided thereon does not establish an attorney-client relationship, which is only formed when you have signed an engagement agreement and complied with the terms thereof. Materials and information provided on the Websites are not indicative of likely results in any particular matter. MLG cannot guarantee results; past results do not guarantee future results.
16. LICENSING STATUS
Our attorneys are licensed to practice in Alabama. The attorneys of Murray Law Group practice law only where licensed to do so, where permitted to do so by virtue of the advice rendered being on issues of Federal law, and where permitted to do so by multijurisdictional practice rules including American Bar Association Model Rule 5.5 and individual state rules modeled after American Bar Association Model Rule 5.5. To the extent the attorneys of Murray Law Group are contacted by potential clients seeking legal services in jurisdictions in which the attorneys are not permitted by these or other means to practice law, Murray Law Group shall decline to provide representation. Murray Law Group does not seek to represent anyone based solely upon a visit to Websites or upon advertising, or where to do so would not comply with applicable local laws and rules. Access to the Websites from physical locations in jurisdictions in which the attorneys of Murray Law Group are not permitted to practice law is inadvertent and unavoidable due to the nature of internet access; any such access is not intended by Murray Law Group as an advertising effort or an effort to establish a systematic and continuous presence in any jurisdiction in which the attorneys are not permitted to practice law.
17. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
18. NOTICE TO CALIFORNIA RESIDENTS
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice which is hereby offered as a convenience to you:
The name and address of the provider of the Services is Murray Law Group, LLC, Customer Support, 3966 Atlanta Hwy, Montgomery, AL 36109. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or by email to firstname.lastname@example.org
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
19. SEVERABILITY AND SURVIVAL
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
20. JURISDICTION OF LAW
The laws of the State of Alabama will apply to any dispute arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state of federal courts of Alabama and you and MLG consent to personal jurisdiction and exclusive venue in such courts.
21. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Alabama for purposes of any such action by us.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
23. MODIFICATION OF THESE TERMS
Murray Law Group reserves the right to change the terms, conditions, and notices under which Websites are offered. By using Websites or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.