Terms Of Service

Changes to the Terms of Service or Site

URLgenius reserves the right to change, modify, or discontinue the Site or any portion of the Site, including any and all content, at any time, without notice to you. URLgenius reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms of Service, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms, and conditions shall be effective immediately and incorporated into these Terms of Service upon notice thereof, which may be given by any reasonable means including by posting updates to this webpage and changing the “Updated” date at the top of this webpage. Your continued use of the Site following the posting of changes to these Terms of Service will mean you accept those changes.

Your Use of the Site

You are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Site solely for your personal use or to receive URLgenius products and services. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):

• Modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party);
• Access, tamper with, or use non-public areas of the Site or URLgenius’s computer systems;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by URLgenius;
• Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining products and services from URLgenius or your own personal, non-commercial use;
• Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or Site;
• Attempt to hide, hide, or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms of Service , including without limitation, if any IP address you have been assigned or used is blocked or dropped by URLgenius, you are hiding or switching your IP address to scrape or collect data and content from this Site, or you have received a cease and desist or other correspondence from URLgenius related to any activity in violation of these Terms of Service that requires you to cease accessing or using the Site;
• Use the Site or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain URLgenius’s express written consent; or
• Use the Site or its content for any purpose prohibited or restricted by law.

Except for the limited right expressly granted to you in these Terms of Service, URLgenius and its licensors expressly reserve all other rights and licenses. For the avoidance of doubt, nothing in this Section shall restrict legitimate search engine providers (i.e., Google, Yahoo, Bing, etc.) from spidering the Site for the purpose of generating search results in any such search engine. You may not use any of URLgenius’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (1) imply affiliation with or endorsement or sponsorship by URLgenius; (2) cause confusion, mistake, or deception; (3) dilute URLgenius’s trademarks, service marks or trade names; or (4) otherwise violate applicable law.

Your User Account

If you register for an online account with URLgenius, you are solely responsible for maintaining the confidentiality and security of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify URLgenius of any unauthorized use of your password or account or any other breach of security.

If you provide information on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated, or incomplete, or URLgenius has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, URLgenius has the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the Site (or any portion thereof) by you.

Termination / Suspension

You agree that URLgenius may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any online account hereon, without notice, for any reason in URLgenius’s sole discretion, including, without limitation, violation of these Terms of Service or URLgenius’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, URLgenius, another user, or any third party.

Privacy

By accessing and using the Site, you agree to the terms of URLgenius’s Privacy Policy, which are incorporated into these Terms of Service by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

Trademarks

URLgenius, or third parties from whom URLgenius has permission, own the trademarks and service marks that are used on the Site. All rights are reserved by URLgenius and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of URLgenius and its licensors may not be used without prior written consent of URLgenius or its licensor, as the case may be. Without limiting the foregoing, no URLgenius trademark or trade dress may be used in connection with any product or service that is not URLgenius’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits URLgenius.

Copyright and Other Proprietary Rights

URLgenius, or third parties from whom URLgenius has permission, own the Site and all content that is used on the Site. All proprietary content and materials on the Site including, without limitation, the Site’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Service or by written consent of the owner of the proprietary rights.

You grant URLgenius a perpetual, worldwide, royalty-free, irrevocable, sub-licenseable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques that you submit to the Site or otherwise choose to share with URLgenius through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to URLgenius’s Privacy Policy.

Children’s Privacy

Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site.

Third-Party Content and Sites

Certain information available on this Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials are the sole responsibility of the originating party and URLgenius has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a link to another party’s website an endorsement of such other party, their products, or services.

In addition, the Site may contain links to other unrelated websites on the Internet. URLgenius is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Service do not apply to such unrelated websites, and you should review the privacy policy and Terms of Service for any Site that you visit. URLgenius makes no representations or warranties regarding the security of any information you make available to such websites. URLgenius is not liable for any losses or damages incurred as the result of your business dealings with such third parties.

Disclaimer of Warranties

THIS SITE AND ANY CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, OR ANY WARRANTY OF GUARANTEED PROFITS OR ONLINE TRAFFIC. URLGENIUS DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. URLGENIUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY USE OF THE SITE AND ANY RELIANCE ON THE CONTENT AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, URLGENIUS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, MERCHANDISE FOUND ON THIRD PARTY SITES, OR REVENUE GENERATED FROM SUCH THROUGH PARTY SITES THAT LINK TO OR FROM THE SERVICES. URLGENIUS CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES URLGENIUS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE WAIVER OR DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING WAIVERS OR DISCLAIMERS MAY NOT APPLY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL URLGENIUS, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OR USE OF THE SERVICES AND MATERIALS WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF URLGENIUS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. URLGENIUS SPECIFICALLY DISCLAIMS ANY LIABILITY ARISING FROM ANY THIRD PARTY PRODUCTS OR SERVICES OR CLIENTS USE OF THE SERVICES OR INABILITY TO USE THE SERVICES IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF URLGENIUS SHALL NOT EXCEED THE LESSOR OF: (A) TOTAL AMOUNT OF FEES PAID BY YOU TO URLGENIUS UNDER THESE TERMS OF SERVICE FOR THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED DOLLARS (US $100).

YOU AGREE TO PROMPTLY NOTIFY URLGENIUS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE URLGENIUS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

Indemnification

You agree to indemnify, defend, and hold harmless each of the URLgenius Parties from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to: (A) your use of the Site; (B) your use of any material, information, data downloaded or otherwise obtained from the Site; (C) your violation of these Terms of Service or any third party terms and conditions; (D) your infringement of any intellectual property or other right of URLgenius or any other person or entity; and (E) your violation of any applicable laws or regulations.

Interpretation and Disputes

These Terms of Service are governed by the laws of the State of Wisconsin, without regard to any conflict of laws provisions. If any provision of these Terms of Service is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed, and the remaining terms of these Terms of Service shall be interpreted and read to give them maximum enforceability.

Feedback

URLgenius encourages visitors to submit feedback. You hereby grant URLgenius a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such feedback (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You represent and warrant that: you own such feedback and any other content posted by you on or through the Site or otherwise have the right to grant the license set forth above; and the posting of your feedback and content on or through the Site does not violate the privacy rights, intellectual property rights, publicity rights, contract rights or any other rights of any person. URLgenius shall not be liable for any disclosure of any feedback or content you post to or through the Site.

Entire Agreement

These Terms of Service and the URLgenius Privacy Policy constitute the entire agreement between you and URLgenius relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Notwithstanding the foregoing, to the extent you have a separate active agreement with URLgenius (“Customer Agreement”), the Customer Agreement shall govern to the extent there is a conflict between these Terms of Service and the Customer Agreement. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by URLgenius. These Terms of Service will inure to the benefit of URLgenius’s successors and assigns.

Notice

URLgenius may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to URLgenius.

Electronic Communications

You acknowledge that these Terms of Service are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Service and any other documentation, agreements, notices, or communications between you and URLgenius may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

Force Majeure

URLgenius shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control.

Waiver and Severability

Furthermore, no delay or omission by URLgenius to exercise any right or any noncompliance on your part with respect to the Terms of Service shall impair any such right or be construed to be a waiver by URLgenius. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

Patches and Updates

URLgenius may apply patches, updates and modifications to the Site and associated software at any time, and features may change. URLgenius may change, modify, suspend, or discontinue any aspect of any feature or service on the Site at any time. URLgenius may also impose limits on certain features or restrict your access to parts or all of the Site and associated software without notice or liability. URLgenius makes no representation that a feature, the Site and/or associated software will work on a particular web browser, version of a web browser or device.

Contact

To ask questions or comment about these Terms of Service, we may be contacted at: info@urlgeni.us