By using or accessing the CheapGenius Services you agree to these Terms, as updated from time to time in accordance with Section 8 below. Because CheapGenius provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.
1. Registration and Account Security. To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.
Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from CheapGenius for any purpose.
You Are Responsible For Your Account. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us.
2. ThirdParty Services.
Advice from Third Parties. Some of the Services involve advice from third parties and third party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from CheapGenius. You agree that CheapGenius is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that CheapGenius is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of CheapGenius.
CheapGenius Does Not Endorse Third Parties. The Services may contain links to third party websites and services. CheapGenius provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that CheapGenius has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
3. Prohibited Conduct. You agree not to:
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
Violate or encourage others to violate the rights of third parties, including intellectual property rights;
Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Interfere in any way with security-related features of the Services;
Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without CheapGenius’s express written permission;
Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
Sell or otherwise transfer the access granted herein.
4. Intellectual Property and User Content. The CheapGenius Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to CheapGenius, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact us.
You must provide the following information: an electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. CheapGenius has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of CheapGenius or others.
The Services may contain advertisements. The inclusion of advertisements on the Servies does not imply endorsement of the advertised products or services. CheapGenius shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Services. Further, CheapGenius shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Services. You shall be solely responsible for any correspondence or transaction you have with any third party advertisers.
6. Indemnification.You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless CheapGenius from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. CheapGenius reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
7. Termination.If you violate these Terms, your permission to use the Services will automatically terminate. In addition, CheapGenius in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Customer Service. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but CheapGenius may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
8. Modification of the Terms.CheapGenius reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
9. Disclaimers of Warranties.The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although CheapGenius seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies.
No Warranties. CheapGenius specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. CheapGenius is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
No Guarantee Of Accuracy.CheapGenius does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
Services Provided For Informational Purposes. The information provided through the Services is provided solely for informational, educational, or entertainment purposes. CheapGenius and the Services are not endorsed by or affiliated with FINRA, and CheapGenius is not a financial institution or insurance provider. CheapGenius makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, CheapGenius recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.
No Warranties Regarding Third Parties. CheapGenius makes no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party, or any quotes or offers provided through the Services. CheapGenius does not endorse any particular advisor or other third party. CheapGenius acts solely as an intermediary between you and third party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers. See Section 3, above, for more information regarding third parties and third party services.
10. Limitation of Liability.In no event will CheapGenius be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not CheapGenius has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
11. GoverningLaw.These Terms are governed by the laws of the republic of Lithuania, where CheapGenius is incorporated and located, without regard to conflict of law principles. If any lawsuit or court proceeding arises, you and CheapGenius agree to submit to the exclusive personal jurisdiction of the courts located within Lithuania, for the purpose of litigating all such disputes.
12. Modification of the Services.CheapGenius reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that CheapGenius will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.