GenesysStack.com

Conditions of Use

Terms of Use and Conditions

Updated March 2017

IMPORTANT NOTE: IF YOU LIVE IN THE UNITED STATES, SECTION 27.1 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE BETWEEN YOU AND GENESYS SOURCE PLEASE READ IT.

Welcome to Genesys Source family of sites, products and services including but not limited to GenesysSource.com, GenesysFramework.com, GetFramework.com, GenesysPlatform.com, FrameworkStore.com (“Genesys Source web sites” or “Genesys Source sites” or “Websites” or “Sites”). GenesysSource.com, GenesysFramework.com, GetFramework.com, GenesysPlatform.com, FrameworkStore.com are websites operated by Genesys Source (“Genesys Source,” “We,” “Us,” “Our”), located at 22431 Antonio, Suite B160-843, Rancho Santa Margarita, CA, USA.

Through the web sites, Genesys Source provides you with access to a variety of resources, including the Website, apps, downloads, source code, samples, information about software, services and other merchandise that may or may not be available for purchase, download areas, software and tools (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Conditions ("Terms of Use and Conditions" or "Contract"). By using the Website, purchasing products and services from Genesys Source or using any Services, you accept and agree to these Terms of Use and Conditions, Genesys Source's Privacy Statement (see the PRIVACY AND PROTECTION OF PERSONAL INFORMATION section below), and applicable terms and conditions, policies or disclaimers found in Genesys Source or referenced herein and accessible through the related hyperlinks (collectively the "Genesys Source Policies"). We encourage you to read Genesys Source Policies carefully. YOU MAY NOT USE Genesys Source OR SERVICES IF YOU DO NOT AGREE TO Genesys Source POLICIES.

Terms Relating to Your Use of the Genesys Source

1. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, Genesys Source and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from Genesys Source or Services.

2. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WEBSITE OR SERVICES

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from Genesys Source and Services is granted, provided that (1) the following copyright notice: "© 2016 Genesys Source All rights reserved." appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from Genesys Source or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made. Accredited educational institutions, such as primary and secondary institutions, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires Genesys Source’s express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of Genesys Source website, the Website or any other Genesys Source owned, operated, licensed or controlled website. Elements of Genesys Source websites, including the Website, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Genesys Source website, including the Website, may be copied, retransmitted or made available unless expressly permitted by Genesys Source or applicable law.

The documents and related graphics published on Genesys Source or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Genesys Source and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If Genesys Source or any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify Genesys Source without delay of any unauthorized use of your account or any other breach of security.

4. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Genesys Source server, or the network(s) connected to any Genesys Source server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Genesys Source server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including Genesys Source

Genesys Source reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Genesys Source's sole discretion.

5. MATERIALS THAT YOU PROVIDE TO GENESYS SOURCE OR POST ON THE WEBSITE

Genesys Source does not claim ownership of the materials you provide to Genesys Source (including feedback, ratings, and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, Genesys Source shall be permitted to use your Submission, including your name, for the purpose for which it was submitted.

No compensation will be paid with respect to the use of your Submission. Genesys Source is under no obligation to post or use any Submission you may provide and Genesys Source may remove any Submission at any time in its sole discretion.

You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use and Conditions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

6. UNSOLICITED IDEA SUBMISSION POLICY

Genesys Source and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Genesys Source's products or marketing strategies might seem similar to ideas submitted to Genesys Source So, please do not send your unsolicited ideas to Genesys Source or anyone at Genesys Source

If, despite our request that you do not send us your ideas and materials, you still send them, please understand that Genesys Source will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.

7. LINKS TO THIRD-PARTY WEBSITES

Genesys Source may include links to third-party websites that let you leave the Website. These linked sites are not under the control of Genesys Source and Genesys Source is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Genesys Source is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Genesys Source of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.

Terms Relating to the Sale of Products to You

8. GEOGRAPHIC AVAILABILITY

Genesys Source is intended for use by customers who reside in the country or region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country or region.

9. END USERS ONLY

You must be an end user to purchase products from the Genesys Source. Resellers are not eligible to purchase.

10. EXPORT LIMITATIONS

Products purchased from Genesys Source (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.

11. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Genesys Source. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

12. PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS

Product prices and availability are subject to change at any time and without notice. Genesys Source may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household

Genesys Source may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.

Credits or refunds will be made to the same method of payment and account used to place the order.

13. SOFTWARE PURCHASES AND LICENSE TERMS

Any software made available to download or purchase from Genesys Source or Services is the copyrighted work of Genesys Source and/or its suppliers. When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at Genesys Source are subject to the license agreement that accompanies the software (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement when you install the software.

PLEASE CONTACT Genesys Source (AS DESCRIBED IN THE NOTICES AND COMMUNICATION SECTION BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT, AT NO COST, BEFORE YOU OPEN SOFTWARE.

Any reproduction or redistribution of software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.

FOR YOUR CONVENIENCE, GENESYS SOURCE MAY MAKE AVAILABLE AS PART OF Genesys Source OR SERVICES OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GENESYS SOURCE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF ANY SUCH TOOLS AND UTILITIES.

Please respect the intellectual property rights of others when using the tools and utilities made on Genesys Source or Services, or in software products or merchandise.

14. ELECTRONIC SOFTWARE DOWNLOADS

Electronic software download (“ESD”) products are delivered to you by making a download link available in your Genesys Source account associated with your product purchase. Subject to the paragraph below, we usually store the download link and related digital key in your Genesys Source account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For ESD subscription products, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.

You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reasons, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days advance notice to you using the contact information for the related Genesys Source account.

OTHER TERMS AND CONDITIONS

In addition to software and ESD products, other products and services available for purchase or trial on Genesys Source may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to also accept those terms as a condition of purchase, installation or use.

15. PRICE AND PAYMENT

Prices at Genesys Source will be as stated on the Website. If we have a Genesys Source Retail Store in your country or region, the prices, product selection and promotions offered there may be different from those on the Website. Genesys Source does not guarantee that a price, product or promotion offered online will also be available or honored at a Genesys Source Retail Store or vice versa.

Pricing is for individual consumers. If you want to purchase for a commercial, educational or government organization, please ask for information about our volume licensing programs.

Genesys Source does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items.

We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. If you do, we may place a hold on your credit or debit card at the time of pre-order but will not charge your card until the product is available for download or we ship it. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order before the product is shipped or available for download by calling our customer support number located on GenesysSource.com. Once your pre-order is shipped or available for download, our normal return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product.

Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.

Genesys Source offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by Genesys Source.

16. AUTOMATIC RENEWAL PRODUCTS

Provided that automatic renewals are allowed in your country, region, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Genesys Source to charge you for the services using your payment method; and (iii) authorize Genesys Source to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.

17. RETURN POLICY

Genesys Source’s return policy is in addition to any statutory return rights you may have under law. Genesys Source will accept returns for items that meet the return criteria set forth below for 30 days from the date of purchase or download, as applicable. Exceptions are stated below. We may deny any return or exchange if it fails to meet our return criteria. Business customers may be subject to different return criteria. When you purchase a service or ESD product from us, you agree that we may begin to provide the service or ESD product immediately. For additional information on the return process and the status of a return please visit Genesys Source.

RETURN CRITERIA:

To qualify, all returns and exchanges must be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original manufacturer packaging. Failure to include such items may prevent or delay your refund or exchange.

For ESD products, we may require you to sign an electronic letter of destruction.

We may occasionally extend the 30-day return period during holiday or other periods. If a longer return period was advertised on the Website when you made your purchase, that longer period applies.

EXCEPTIONS:

Genesys Source will not accept the following items for return: (i) items that have been personalized or customized: (ii) special order items, if not part of a Genesys Source promotional retail sales offering (iii) items that have been used, altered or that show wear or damage; (iv) gift cards and Skype cards; and (v) services. Items must be in a condition that permits us to resell them.

For services, the service must not have been delivered or consumed by you.

For software and games, you may only return opened items during the return period if: (i) you don’t agree with the license agreement, or (ii) the media does not work, and (iii) only if you do not make or retain any copies. Opened software and games may only be exchanged for the same product. If we no longer have the same product, we will issue you a credit.

ALL SALES ARE FINAL for random access memory (“RAM”) products and clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable.”

For product key cards ("PKC") purchased with computers, they can be returned within the return period as a standalone item provided it has not been opened, altered, or damaged. If you return the computer that you purchased together with the Product Key Card, the Product Key Card must also be returned.

For phones sold by Genesys Source, you can return them during our return period, but it is your responsibility to cancel your service within the time specified by your carrier or your carrier may charge you an early termination fee. This is a carrier policy and we have no influence over their cancellation policies.

ADDITIONAL CONDITIONS:

Pre-Orders. For pre-order items, the 30-day return period begins:

For ESDs, when the downloadable product is delivered electronically to your account and made available for download.

For other products, when the product is shipped.

Upgrade option and returns. If you purchased an otherwise returnable product with an upgrade option, returns will be honored within the return period, and special return procedures apply as follows:

If you return the product before the upgrade is released, you will not receive the upgrade.

If you return the product after the upgrade is released, you must return both the product and upgrade together.

Promotions and bundles.

For promotional items and bundles, all included products and/or services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund.

Trial-period offers.

If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the service.

Subscriptions.

Returns for subscriptions will be honored within the return period.

Restocking fee.

A restocking fee of ten percent (10%) may be deducted from the refund amount for all products, physical and electronic.

Personal data.

Genesys Source is not responsible for any personal data included on returned or exchanged items. Please ensure that your personal data is removed from all items prior to return or exchange.

18. CUSTOMER SERVICE

Please visit Genesys Source for more information about customer service options.

Terms Relating to Both Your Use of Genesys Source and Sales to You

19. CHANGING TERMS

Genesys Source may change the Terms of Use and Conditions at any time and without notice to you. The Terms of Use and Conditions in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, Genesys Source may have changed the Terms of Use and Conditions without notice to you. Please be sure to review the current Terms of Use and Conditions each time you visit the Genesys Source. We recommend that you save or print a copy of the Terms of Use and Conditions for future reference when you make a purchase.

20. LIMITATIONS ON USE BY MINORS

You must have reached the age of majority in your province/territory of residence to purchase products from the Genesys Source.

21. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Your privacy is important to us. We use certain information that we collect from you to operate and provide Genesys Source and the Services. Additionally, we may also automatically upload information about your machine, your use of the Services and Service performance. Please read our Privacy Statement to learn about how we use and protect your information.

22. PRODUCT DISPLAY AND COLORS

Genesys Source attempts to display product colors and images accurately but we cannot guarantee that the color you see on your monitor will exactly match the product’s color.

23. ERRORS ON SITE

We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to product prices, specifications, offers and availability.

24. TERMINATION OF SITE USE

Genesys Source may terminate your account or use of Genesys Source at any time for any reason, including, without limitation, if you are in breach of these Terms of Use and Conditions or if Genesys Source is no longer operated by Genesys Source By using the Genesys Source, you agree to be responsible for any orders you make or charges you incur prior to such termination. Genesys Source may change, discontinue, or otherwise suspend Genesys Source at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of the Service or/product or otherwise disrupts your order, please contact the Genesys Source.

25. NO WARRANTIES

GENESYS SOURCE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON the Genesys Source.

THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. GENESYS SOURCE DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM Genesys Source OR SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE Genesys Source OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

26. LIMITATION OF LIABILITY

If, despite the other sections of this Contract, Genesys Source is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the Genesys Source, the Services, or any product or service offered, you agree that your exclusive remedy is to recover from Genesys Source or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price or fee for one month of any service, subscription or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $25.00 if there was no service, subscription or similar fee.

YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO the Genesys Source, THE SERVICES, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF Genesys Source OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.

27. GENERAL LEGAL TERMS INCLUDING BINDING ARBITRATION AND CLASS ACTION WAIVER

1. ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES. This Section 27.1applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, GENESYS SOURCE’S, OR EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. “Dispute” means any dispute, action, or other controversy between you and Genesys Source concerning the Genesys Source, the Services, this Contract, or any product or service offered, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

1.1. Notice of Dispute. In the event of a dispute, you or Genesys Source must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Genesys Source, ATTN: ARBITRATION, 22431 Antonio, Suite B160-843, RSM, CA 92688. You and Genesys Source will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Genesys Source may commence arbitration.

1.2. Small Claims Court. You may also litigate any dispute in small claims court in your county of residence or Orange County, California, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.

1.3. Binding Arbitration. IF YOU AND GENESYS SOURCE DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

1.4. Class Action Waiver. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR GENESYS SOURCE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

1.5. Arbitration Procedure, Costs and Fees. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and in many cases it is Supplementary Procedures for Consumer-Related Disputes. For more information, see www.adr.org or call 1-800-778-7879. You agree to commence arbitration only in your county of residence or in Orange County, California. Genesys Source agrees to commence arbitration only in your county of residence.

1.6. Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute relating to the Genesys Source, the Services, this Contract, or any product or service offered must be filed within one year in small claims court (Section 27.1.2), an arbitration proceeding (Section 27.1.3), or in court, if Section 27.1 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

1.7. Rejecting Future Arbitration Changes. You may reject any change Genesys Source makes to Section 27.1 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 27.1.1. If you do, the most recent version of Section 27.1 before the change you rejected will apply.

1.8. Severability. If the class action waiver in Section 27.1.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 27.1 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 27.1 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 27.1 remaining in full force and effect.

2. Interpreting the Contract

All parts of this Contract apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If it is determined that we can’t enforce a part of this Contract as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Contract won’t change. Section 27.1.8 says what happens if parts of Section 27.1 (arbitration and class action waiver) are found to be illegal or unenforceable, and prevails over this Section 27.2 if inconsistent with it. Other terms may apply if you purchase products or services from other Genesys Source websites.

3. Assignment

We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this Contract or transfer any rights under it.

4. No Third-Party Beneficiaries

This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.

5. Notices and Communication

For customer support inquiries, please email support@GenesysSource.com. For disputes, follow the notice procedure in this section.

6. Governing Law

The laws of the state or province where you live govern the interpretation of this Contract, claims for breach of it, and all other claims (including claims for breach of contract, breach of warranty, consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. If you live in the United States, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Orange County, California, USA, for all disputes arising out of or relating to the Genesys Source, the Services, this Contract, or any product or service offered, that are heard in court (not arbitration and not small claims court). “State” means a State, the District of Columbia, and any other United States territory or possession. “The United States of America” includes all of them.

28. NOTICES

Notifications of claimed copyright infringement should be sent to Genesys Source's designated agent. INQUIRIES THAT ARE SUBMITTED BUT ARE NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.

Copyright and trademark notices

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