Terms and Conditions Parent Geenee Explained

Updated December 18, 2024

These Terms and Conditions (“T&Cs” or “Agreement”) are entered into by and between Parent Geenee, Inc., a Delaware corporation (“Parent Geenee,” “we” or “our”) and you (“you” or “your”). You and Parent Geenee may also be referred to individually as a “Party” and, collectively, as the “Parties.”

IT IS ESSENTIAL THAT YOU READ THESE TERMS AND CONDITIONS AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

Parent Geenee owns, provides and supports the application known as “Parent Geenee Parental Control” and such other related applications websites as we may create (collectively, the “Application”) through which we offer parental control of the Internet and other digital media including tracking and blocking capabilities (the “Service” or “Services”) as described on ParentGeenee.com (the “Site”) to Persons who subscribe to our Services (each, a “Subscriber” and, collectively, “Subscribers”).

The General Terms & Conditions (“General T&Cs”) and the Subscriber Terms & Conditions (“Subscriber T&Cs”) set out the terms and conditions on which we make the Site and Application available to you and, should you choose to become a Subscriber, provide our Services to you (collectively with the documents referred to herein, this “Agreement”). For all purposes herein, the “Services” shall include the required hardware that is provided to Subscribers at no additional charge, described further in the Subscriber T&Cs.

You may access most areas of the Site without being a Subscriber (each person who uses or views the Site, whether or not they subscribe, is a “User”), in which case only the General T&Cs will apply to you. Using the Site indicates that you accept the General T&Cs even if you do not become a Subscriber.

NOTE: If you do not accept the General T&Cs, do not use the Site or the Application.

Certain areas of the Site may be available only if you are a Subscriber. If you wish to become a Subscriber, you will be asked to confirm expressly that you have read and you accept the Subscriber T&Cs as well as the General T&Cs.

We may revise this Agreement at any time by updating this posting. You should check the Site from time to time to review the current version of this Agreement because they are binding on you. Certain provisions in this Agreement may be superseded by expressly designated legal notices located on particular pages of the Site.

If you are a Subscriber, we will use our best efforts to send you an email whenever a revision to this Agreement.

Any rights not expressly granted in these terms are reserved.

PART 1: GENERAL TERMS & CONDITIONS

1. DEFINITIONS

In addition to such definitions as are included in this Agreement, the following terms shall have the meanings provided herein.

“Affiliate” of a Party means (1) any corporation, partnership, trust or other entity controlling, controlled by or under common control with such Party; (2) any executive officer, director, trustee or general partner of any Party described in (1) above; or (3) any spouse, lineal ancestor, lineal descendant or member of the household of such Party. For purposes of this definition, the term “control” shall mean the control or ownership of fifty percent (50%) or more of the voting securities in the Party referred to.

“Agent” means a member of our customer or technical support team.

“Cause” means a violation of these T&Cs and/or, in the reasonable discretion of Parent Geenee, a past or imminent violation of any applicable law, rule or regulation.

“Documentation” means any websites, manuals, videos, documentation, emails and other supporting materials related to the Site, Application or Services that Parent Geenee provides to you or that you can access under this Agreement, including but not limited to Subscriber Resources. Documentation is considered part of the Application.

“Person” means an individual or a legal entity such as a corporation, limited liability company or trust.

“Personal Information” means the contents of your profile including names and contact information.

“Subscriber Resources” means videos, publications, documentation, websites, apps or other benefits that are accessible only to Subscribers.

“Subscription” means the agreement by which we agree to provide the Services and you agree to pay the Subscription Fee.

“Subscription Fee” means the fee for the Subscription Plan chosen by the Subscriber.

“Subscription Plan” means the plan subscribed to by the Subscriber.

“Technology” means any software, code or device that uses or processes the foregoing, or any invention (whether or not registered).

“Your Data” means all Personal Information and Personal Documents input or uploaded to the Application by you.

2. AGREEMENT TO BE BOUND

You agree to be bound by this Agreement by your use of the Site. If you do not agree with or do not wish to be bound by any provision hereof, cease using this Site immediately.

3. ACCESS

3.01 While we endeavor to ensure that the Site is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
3.02 Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
3.03 Suspension of access to the Site will not necessarily affect the Services, which are separate and distinct from the Site.
3.04 Any information about you that we process will be collected and processed in accordance with our privacy policy (https://www.ParentGeenee.com/privacy-policy/). By using the Site and/or Application, you consent to such collection and processing.
3.05 You may not misuse the Site (including, without limitation, by hacking).
3.06 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone posting any material in breach of this Agreement.

4. CONTENT

4.01 While we endeavor to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.
4.02 THE CONTENTS OF THE SITE ARE PROVIDED “AS IS,” AND WE PROVIDE NO WARRANTIES IN RESPECT OF SUCH CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARENT GEENEE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
4.03 You are permitted to view, print and download extracts from the Site for your own use provided:
(a) no documents or related graphics on the Site are modified in any way;
(b) no graphics on the Site are used separately from the corresponding text; and
(c) our copyright notices and this permission notice appear in all copies.
4.04 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site and Application (including, without limitation, photographs and graphical images) are owned by us or our licensors. Except as agreed otherwise, any use of extracts from the Application other than in accordance with Section 4.03 is prohibited, and if you violate Section 4.03, your permission to use the Site and Application automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site or Application.
4.05 Subject to Section 4.07, no part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4.06 Links to third-party websites on the Site are provided by us solely for your convenience. If you use these links, you leave the Site. We have not reviewed any of such third-party websites and do not control and are not responsible for their content, security or availability. We do not, therefore, endorse or make any representations about them, any material found on such sites or any consequences of viewing or using such websites. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and agree that Parent Geenee shall not be liable for any loss, injury and/or damages you may suffer and/or experience as a result of accessing the third-party website.
4.07 If you would like to link to the Site, you may do so provided:
(a) you do not replicate any page of the Site;
(b) you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Site or Application;
(c) you do not create a frame or any other browser or border environment around the Site;
(d) you do not in any way imply that we are endorsing any products or services other than our own;
(e) you do not misrepresent your relationship with us or present any other false information about it;
(f) you do not otherwise use any trademarks owned by Parent Geenee (whether these are registered or unregistered) which are displayed on the Site or Application without our express written permission;
(g) you do not link from a website that is not either owned by you or under your account (e.g., your social media account); and
(h) your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, an infringement of any intellectual property rights or other rights of any other person or which does not otherwise comply with all applicable laws and regulations.
4.08 We expressly reserve the right to revoke the right granted in Section 4.07 for any or no reason and to take any action that we deem appropriate.
4.09 You agree to fully indemnify us for any loss or damage that we may suffer by your breach of Section 4.07.

5. TITLE

Parent Geenee owns or licenses all rights, title and interest in and to the Site and Application, the Subscriber Resources as well as any trademarks, copyrights, trade secrets and inventions, whether or not any of the foregoing are registered, and any ideas, suggestions, proposals, research or test results obtained through, from or as a result of your use of the Site and/or Application and/or feedback provided by you regarding the Site and/or Application (collectively, “Parent Geenee Assets”). Your rights are limited to the rights expressly granted to you in this Agreement. Parent Geenee reserves all rights not expressly granted in this Agreement. You agree that you shall not attempt to claim, register or protect any interest in or to the Parent Geenee Assets.

6. DISCLAIMER; WAIVERS

6.01 To the maximum extent permitted by law, we hereby disclaim and you hereby waive any claims against us based on, relating to or arising from the use, inability to use or results of the use of the Site and/or Application, any websites linked to it and any materials posted on it including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) any unauthorized person uses your username and/or password to access the Application with any result, including but not limited to making changes in authorizations;
(h) the Site and/or Application is totally or partially inoperative or inaccessible;
(i) use of the Site and/or Application;
(j) viruses or other malicious software are transferred to your computer or other device by using the Site and/or Application;
(k) there are bugs, errors or inaccuracies in the Services or the results produced by the Application;
(l) third-party content, actions or inactions on or with respect to the Site and/or Application;
(m) a suspension or other action taken with respect to your account by us;
(n) deletion, corruption or destruction of any of Your Data;
(o) psychological and/or personal injury; and
(p) for any other loss, injury or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable including but not limited to emotional distress or personal injury resulting therefrom.
For purposes of this section, any reference to Parent Geenee shall include Parent Geenee’s Affiliates, joint venture associates and the owners, directors, officers, employees, agents, contractors and vendors of each.
6.02 No waiver by Parent Geenee of any breach by you of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by Parent Geenee in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
6.03 You are entirely responsible for the physical and mental health and well-being of any persons, adult or minors, in your household or any other area where the Services are used.

7. REPRESENTATIONS & WARRANTIES

You represent and warrant that:
(a) you are 18 years of age or older or you are the parent/legal guardian of a Person less than 18 years of age who is viewing the Site and you are 18 years of age or older and capable of entering into and agreeing to be bound by this Agreement;
(b) your entering into the agreement represented by these T&Cs is not and does not cause a violation of or conflict with any other agreement to which you are a party;
(c) you are solely responsible for compliance with local laws in connection with your use of the Site; and
(d) it is legal for you to view the Site in the jurisdiction to which you are subject.

8. TERMINATION

8.01 If you are not a Subscriber, we may, in our sole discretion, restrict or terminate your access to and/or use of the Application without prior notice.
8.02 If you are a Subscriber, your access to the Application will be subject to the termination provision of the Subscriber T&Cs.

9. GOVERNING LAW; DISPUTE RESOLUTION

9.01 This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, USA, without giving effect to any principles of conflict of laws.
9.02 Arbitration.
(a) Amicable Dispute Resolution. In the event of a dispute between the Parties hereunder (each, a “Dispute”) that cannot be settled amicably, such Dispute shall be resolved by arbitration, as provided herein below. Notwithstanding the foregoing, nothing in this section shall prevent a Party from seeking interim injunctive or other equitable relief in any court of competent jurisdiction to preserve the status quo or to prevent irreparable harm pending resolution of any Dispute.
(b) Procedure. Any claim, dispute or controversy arising out of or relating to this Agreement and not resolved amicably shall be submitted by the Parties to binding arbitration in the Dallas County, Texas by a single (1) arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), governed by the laws of the State of Texas. Each Party shall have full rights of discovery in any such proceeding.
(i) Decision Final. The Parties agree to exercise their respective rights under AAA Rules to cause any arbitration proceeding under this section to be finalized and a decision rendered by the arbitrator as soon as reasonably practicable, but in no event more than six (6) months after commencement of such arbitration proceeding.
(ii) Confidentiality. Except as otherwise required by law, the Parties and arbitrator shall maintain as confidential all information and documents obtained during the arbitration process, including the resolution of the dispute.
(iii) Jurisdiction. Each Party irrevocably and unconditionally (i) consents to the jurisdiction of any such proceeding and waives any objection that it may have to personal jurisdiction or the laying of venue of any such proceeding; and (ii) knowingly and voluntarily waives its rights to have disputes tried and adjudicated by a judge and jury except as otherwise expressly provided herein.
(iv) Final Judgment. Any award rendered by the arbitrator(s) shall be final and binding upon the Parties. Judgment upon the award may be entered in any court of competent jurisdiction.
(c) Equitable Relief. Notwithstanding anything to the contrary in this Agreement, a breach of this Agreement may cause irreparable harm to the affected Party for which monetary damages are not a sufficient remedy. In such event, the affected Party may, without waiving any other rights or remedies and without posting a bond or other security, seek an injunction, specific performance or other equitable remedy.
(d) In the event of a request to a court of competent jurisdiction for equitable relief, THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT THEY MAY HAVE TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION, OR IN ANY LEGAL PROCEEDING, DIRECTLY OR INDIRECTLY BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. EACH PARTY HERETO CONSENTS TO SERVICE OF PROCESS BY CERTIFIED MAIL AT ITS ADDRESS LISTED HEREIN.
9.03 You agree that you may bring a claim against Parent Geenee only in your capacity as an individual User, not as the member of or participant in any group or class.
9.04 The non-prevailing Party in any arbitration or court proceeding shall pay the other Party’s costs and expenses (including reasonable attorneys’ fees) and reimburse the other Party for its portion of the arbitration costs. In the event that neither Party wins the arbitration totally, reimbursement shall be made proportionally in accordance with the AAA Rules. If a Party fails to proceed with arbitration, unsuccessfully challenges the arbitration award, or fails to comply with the arbitration award, the other Party shall be entitled to costs, including reasonable attorneys’ fees and disbursements, for having to compel arbitration or defend or enforce the award.\
9.05 The exercise of any right or remedy herein provided shall be without prejudice to any other right or remedy provided herein, at law, or in equity.

10. LIMITATION OF LIABILITY

Parent Geenee shall not be held responsible for damages arising from unauthorized or unintended use of the Services, including access by children contrary to this policy. Users agree to indemnify and hold Parent Geenee, Inc. harmless from claims related to such misuse.
To the extent permitted by law, in no event shall Parent Geenee have any liability to you for any indirect, special, incidental, punitive, or consequential damages (including but not limited to for loss of profit, revenue or data) arising out of or in connection with the Site, your use of the Application or this Agreement, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, indemnification or other tort theory of liability) even if advised of the possibility of such damages. To the extent permitted by applicable law, Parent Geenee’s total cumulative liability to you or any third-party arising out of or in connection with the Site, your use of the Application, the Services or this Agreement, from all causes of action and all theories of liability, will be limited to and will not exceed the greater of One Hundred US Dollars ($100.00) or the amount paid by you to Parent Geenee during the Twelve (12) months immediately preceding the claim. The Parties agree that this section represents a reasonable allocation of risk.

11. MISCELLANEOUS

11.01 No Third-Party Beneficiaries.
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors, heirs, personal representatives and assigns. Subject to the foregoing sentence, this Agreement is for the exclusive benefit of the Parties and there shall be no third-party beneficiary to any of the provisions of this Agreement except the indemnitees (other than the Parties) described in the Subscriber T&Cs.
11.02 Independent Contractor.
Parent Geenee is and will be deemed to be an independent contractor with respect to you in regard to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between Parent Geenee and you.
11.03 Assignment.
You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. Parent Geenee may assign this Agreement, in part or whole, without your consent to an Affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets or equity. Subject to the foregoing and Section 11.01, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
11.04 Amendment.
Parent Geenee may amend this Agreement at any time, in its sole and absolute discretion; provided any changes in the Subscriber T&Cs shall be binding only upon renewal of the Subscription (unless Parent Geenee terminates your Subscription). Your continued use of the Application after the effective date of any such modification (or, in the case of modifications to Subscriber T&Cs, after the renewal of your Subscription) shall be conclusive evidence of your consent to be bound by such modification.
11.05 Force Majeure.
Neither Party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, communication line failure, governmental orders (including but not limited to quarantines and business closures) and power failures.
11.06 Severability.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
11.07 Interpretation.
If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any Party as the drafter. This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be controlling.
11.08 Headings.
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
11.09 Entire Agreement.
This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether oral or written, between the Parties with respect to the subject matter of this Agreement
11.10 Survival.
Those provisions of this Agreement that by their terms or sense are intended to survive termination or expiration of this Agreement will survive and remain in full force and effect, including, without limitation, Sections 4.02, 5, 6, 9-11.

PART 2: SUBSCRIBER TERMS & CONDITIONS

These Subscriber T&Cs are in addition to the General T&Cs which, together, comprise the Agreement that you enter into with Parent Geenee to become a Subscriber to the Application.
All the provisions of the General T&Cs apply to Subscribers.

1. REGISTRATION, IN GENERAL

1.01 Subscriptions are not available to persons under 18 years of age.
1.02 Each Subscription is for a single user only and it is not transferable. For purposes of these Subscriber T&Cs, a “user” refers to a household and the Services may be used on and in connection with multiple devices within each Subscriber household.
1.03 Responsibility for the security of any passwords issued rests solely with you and you are responsible for all actions taken with your username and password. You specifically agree that Parent Geenee is NOT responsible for and shall not be liable for any unauthorized access to your account and information due to unauthorized access to your username and password.

2. YOUR REPRESENTATIONS AND WARRANTIES

In addition to the representations and warranties contained in the General T&Cs, you represent and warrant the following:
2.01 You are (a) an individual Subscriber 18 years of age or older.
2.02 You are subscribing to use the Services with no intent to broadcast, republish, misrepresent, edit, copy, display or in any way use the Services for any purpose other than in connection with your use of the Services.
2.03 Use of the Services does not cause a violation of or conflict with any other agreement to which you or the Subscriber are a party.

3. THE SERVICES

3.01 Parent Geenee shall provide the Services described in the plan to which you subscribe.
3.02 The Services include hardware (a “Controller”) that is necessary for the function of the Services. A Controller will be provided free of charge with each Subscription. It is your responsibility to install the Controller. A defective Controller will be replaced free of charge (including/not including the cost of returning the defective Controller). We may, at any time, replace your Controller with a newer model free of charge, in which case you will be required to return the old Controller and we will pay for the cost of returning the old Controller. If you are required to return a Controller and do not do so, you will be charged $____.
3.03 The Services enable you to:
(a) Track what is viewed on computers via Internet or other digital services (e.g., smart phones, tablets). You can generate a report of websites, URL’s and ______________________. You cannot watch real-time what is being viewed on another device. Programming is tracked locally with your Controller. We do not have access to nor do we store your tracked content.
(b) Block certain URL’s, _____________________. You cannot block specific content within an unblocked site. For example, you can block TikTok but you cannot block specific content on TikTok. As described in more detail in our Privacy Policy, we collect information as to what content is blocked but it is not associated with your or anyone else’s account. For example, we may know that a certain program was blocked X times on a certain date but we do not know who blocked it. Such information can be very useful to content providers in deciding what content to product/provide and, in this way, your information may help influence the availability of content you deem desirable for your household/minors and the reduction of content you deem undesirable for household/your minors.

3.04 You may upgrade or downgrade the level of Services at any time by written notice to customerservices@ParentGeenee.com. Such change will be effective at the end of the then-current Term and you will continue to have access to the same level of Services for the remainder of the then-current Term, after which your Subscription will be updated. You will not receive any refund, credit or allowance with respect to the Subscription Fee for a downgraded Subscription for the remaining portion of the then-current Term.
3.05 The Services include the Documentation and such additional services and support as Parent Geenee may, in its sole and absolute discretion, provide.
3.06 Parent Geenee may, from time to time, make modifications and/or upgrades to its software and systems; though Parent Geenee is not obligated to do so. Such modifications and/or upgrades may alter, limit or eliminate certain features of the Services.

4. TERM

4.01 The Services shall commence on the date specified in your Subscription (the “Commencement Date”) and continue monthly, annually or longer (the “Initial Term” or “Term”), as chosen by you.
4.02 This Subscription shall automatically renew (each a “Renewal Term” and, together with the Initial Term, the “Term”) on the same terms and conditions unless Parent Geenee notifies you of any changes in these T&Cs except that Parent Geenee may provide notice not less than Sixty (60) days prior to such Renewal Term of a change in the Subscription Fees which change shall be effective upon renewal in the absence of a Non-renewal Notice from you to Parent Geenee.
4.03 You may terminate this Agreement without Cause at any time by written notice to customerservices@ParentalGeenee.com. Such termination will be effective at the end of the then-current Term and you will continue to have access to the Services for the remainder of the then-current Term, after which your Subscription will not renew. In such case, you will not receive any refund, credit or allowance with respect to the Subscription Fee for the portion of the then-current Term after your notice of termination.
4.04 Parent Geenee may terminate the Services and/or this Agreement without Cause upon Thirty (30) days’ notice or at any time upon written notice with Cause. If we terminate the Services and this Agreement without Cause, the portion of your Subscription Fees allocable to the unexpired then-current Term shall be refunded. If we suspend Services or terminate with Cause, no portion of the Subscription Fee paid shall be returned, refunded or credited to you. In the event you dispute Parent Geenee’s determination of Cause, such dispute shall be addressed as provided in Section 9 of the General T&Cs provided that your sole remedy shall be either a refund of Subscription Fees paid for the portion of the Term during which Parent Geenee did not provide the Services or reinstatement of the Services subject to Section 6 of these Subscriber T&Cs; and in no case will you be entitled to damages resulting from any such suspension or termination.
4.05 Notwithstanding the foregoing, if either Party gives the other a termination notice, the receiving Party may, in its sole and absolute discretion, terminate the Agreement at any time prior to the effective date of the terminating Party’s notice.

5. YOUR USE OF THE SERVICES AND SITE

5.01 You will:
(a) be responsible for your compliance with this Agreement;
(b) use reasonable efforts to prevent unauthorized access to the Services and Subscriber Resources, and notify Parent Geenee promptly of any such unauthorized access or use;
(c) use the Services or Application only in accordance with the Documentation and all applicable laws and regulations; and
(d) be solely and exclusively responsible for the security of the usernames and passwords issued to you including with respect to those in your household for whom you purchased a Subscription, and Parent Geenee shall be entitled to rely on the authority of any person using the username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct including changing authorizations. You expressly agree that Parent Geenee shall not be liable for any cause of action, loss, injury or damage that may result from the aforementioned reliance.
5.02 You will not, directly or indirectly:
(a) make the Services, Site and/or the Subscriber Resources available to or use the Services, Application and/or the Subscriber Resources for the benefit of anyone other than yourself;
(b) sell, resell, license, sublicense, distribute, rent and/or lease the Services, Site and/or the Subscriber Resources, or include the Services, Site or the Subscriber Resources in a service bureau or outsourcing offering;
(c) use the Services and/or Site to store or transmit malicious code or any illegal matter;
(d) interfere with or disrupt the integrity or performance of the Services and/or Site or any data contained therein;
(e) attempt to gain unauthorized access to the Services and/or Site or Subscriber Resources or any related systems or networks;
(f) hack or attempt to hack the Services and/or Site;
(g) upload content that is inappropriate, as determined by Parent Geenee in our sole and absolute discretion, onto our servers;
(h) permit direct or indirect access to or use of the Services, Site or the Subscriber Resources in a way that circumvents a contractual usage limit, if any;
(i) copy the Site, Application or the Subscriber Resources or any part, feature, function or user interface thereof;
(j) frame or mirror any part of the Site or Subscriber Resources other than as permitted in the Documentation;
(k) access, reproduce, record or copy the Services, Application and/or the Subscriber Resources in order to build a competitive product or service; or
(l) reverse engineer, disassemble or decompile the Application or the Subscriber Resources.

6. SUBSCRIPTION FEES

6.01 Throughout the Term, you agree to pay to Parent Geenee the fee for the Services as specified by you in your Registration Form or thereafter when you upgrade or downgrade your Services (the “Subscription Fee”) for which a major credit card will be required. Approximately Ten (10) days prior to commencement of each Renewal Term, the credit card provided by you will be charged the applicable Subscription Fee. You authorize Parent Geenee to charge your credit card for the monthly fee (including sales tax) as provided in your Subscription Form in advance as well as for any additional charges you may have incurred in the preceding period(s) (e.g., additional services, late fees, interest).
6.02 Commencing after the Initial Term, Parent Geenee may notify you of a change in the Subscription Fee or other costs and such new fees shall take effect upon renewal of this Agreement unless you notify us prior to commencement of the Renewal Term that you do not approve of the change(s) and elect to terminate this Agreement.
6.03 In the event the payment method provided by you is declined, we will notify you and you will have the opportunity to provide an alternative method of payment within Five (5) business days of notice of decline but, in any case, prior to commencement of the next Renewal Term. If a payment is not effectively processed, the Services may be suspended pending payment or terminated, in our sole discretion. A reinstatement fee may be added if you wish to continue the Services more than Ten (10) days after notice of decline of your form of payment.

7. WARRANTY

7.01 While Parent Geenee endeavors to ensure that the Services are available 24/7 and without error, Parent Geenee does not so warrant.
7.02 THE SERVICES ARE PROVIDED “AS IS” AND WE PROVIDE NO WARRANTIES IN RESPECT THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARENT GEENEE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

8. SECURITY

Parent Geenee uses appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of Your Data (including call records); and (ii) protect against unauthorized access to Your Data.

9. INTELLECTUAL PROPERTY

9.01 Technology included within or used in connection with the Services shall at all times be the sole and exclusive property of Parent Geenee.
9.02 This Subscription does not transfer or grant any rights in any Technology, copyrights, trademarks, trade secrets or other intellectual property of Parent Geenee (collectively, the “Rights”) to the Subscriber. Subscriber expressly waives and disclaims any interest whatsoever in the Rights of Parent Geenee.

10. CONFIDENTIAL INFORMATION

10.01 Each Party (the “Receiving Party”) acknowledges that, in connection with this Agreement, it will have access to and/or be given by or on behalf of the other Party (“Disclosing Party”) information which is expressly designated “Confidential” or would be understood by a reasonable person to be confidential (collectively, “Confidential Information”). Confidential Information means any and all information which is possessed by or developed for a Party and which relates to such Party’s existing or potential business or technology, which information is generally not known to the public, and which information such Party seeks to protect from disclosure to its existing or potential competitors or others, and includes, without limitation, source code, business plans, business strategies, business know-how and techniques, marketing plans, and the identities and business preferences of current or prospective customers or vendors. Confidential Information also includes information received by a Party from others that such Party has an obligation to treat as confidential. Confidential Information includes information and documents whether or not they are marked “confidential” or carry any other marks or designations including but not limited to Trade Secrets. “Trade Secrets” means all information possessed by or developed for a Party, including, without limitation, a compilation, program, device, method, system, technique, formula, pattern, or process to which all of the following apply: (i) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) the information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
10.02 Confidential Information of a Party shall remain the sole and exclusive property of such Party except as to Confidential Information which, by its nature and usage, is or becomes the joint Confidential Information of both Parties. The Parties agree that even if not so marked, all client lists, work product, know-how and methodologies are Confidential Information of the respective Party.
10.03 The Receiving Party agrees to not use, disclose, distribute or disseminate, or allow others to use, disclose, distribute or disseminate Confidential Information of the Disclosing Party except as expressly permitted under this Agreement. The Receiving Party shall use at least the same procedures and degree of care that it uses to prevent the disclosure of its own confidential information to prevent the disclosure of Confidential Information, but in no event less than reasonable care. The Receiving Party agrees to restrict access to such Confidential Information to only those employees or contractors who need such Confidential Information in order for Parent Geenee to exercise its rights or perform its obligations hereunder.
10.04 The foregoing restrictions will not apply to information that the Receiving Party can demonstrate (i) was known to the Receiving Party at the time of disclosure to the Receiving Party by the Disclosing Party as shown by the files of the Receiving Party in existence at the time of disclosure other than as a result of a violation of an obligation of confidentiality to the Disclosing Party; (ii) has become publicly known through no wrongful act of the Receiving Party; (iii) has been rightfully received by the Receiving Party from a third-party authorized by the Disclosing Party to make such disclosure without restriction or without an obligation of confidentiality to the Disclosing Party; (iv) has been approved for release by written authorization of the Disclosing Party; or (v) has been independently developed by the Receiving Party without any use of Confidential Information and by employees or other agents of the Receiving Party. In addition, each Party shall be entitled to disclose the other Party’s Confidential Information to the extent such disclosure is requested by the order or requirement of a court, administrative agency or other governmental body provided that the Party required to make the disclosure shall provide prompt, advance notice thereof to enable the other Party to seek a protective order or otherwise prevent such disclosure.
10.05 All Confidential Information shall be surrendered to the Disclosing Party upon the request of the Disclosing Party; provided, however, that Confidential Information may be retained by the Receiving Party to the extent that retention of such Confidential Information is necessary to comply with its internal document retention policies aimed at legal, corporate governance or regulatory compliance and any such retained Confidential Information shall remain subject to the disclosure and use restrictions set forth herein, notwithstanding any termination of this Agreement. The Receiving Party shall not be deemed to have retained or failed to return or destroy any Confidential Information if Confidential Information received or stored in digital format is deleted from local hard drives and/or off-site storage so long as no attempt is made to recover such Confidential Information from servers or back-up sources, provided that any such retained Confidential Information shall remain subject to the disclosure and use restrictions set forth herein, notwithstanding any termination of this Agreement.
10.06 If and to the extent there is a conflict between this Section on Confidentiality and the Privacy Policy, the Privacy Policy shall control.

11. INDEMNIFICATION

11.01 Subscriber and their successor(s)-in-interest (collectively, “Subscriber Indemnitors”) agree to and shall indemnify, defend and hold harmless Parent Geenee, its Affiliates and their respective owners, principals, officers, employees, contractors and agents (collectively, “Parent Geenee Parties”) (with legal counsel reasonably acceptable to Parent Geenee Parties) from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them arising from (a) any misrepresentation by, or breach of any covenant or warranty of Subscriber contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by Subscriber hereunder; (b) any violation of this Agreement by Subscriber; (c) any suit, action, proceeding, claim or investigation against Parent Geenee Parties which arises from or which is based upon or pertaining to (i) Subscriber’s acts or omissions including but not limited to disclosure of information to Parent Geenee, (ii) the Services, (iii) the unauthorized use of the Subscriber’s username and/or password including to make any changes, revisions and/or modifications ; and (d) any matter for which the risk is assumed by you or with respect to which you waive any claims, as provided in Section 12 of these Subscriber T&Cs.
11.02 If Subscriber Indemnitors shall have an indemnification, defense and hold harmless obligation, as above provided, and shall fail to assume such obligation, then the respective indemnitees shall have the right, but not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or verdict as such indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment, expense and costs, including reasonable attorneys’ fees, to be reimbursed by the Subscriber Indemnitors upon demand by the respective indemnitees.

12. ASSUMPTION OF RISK AND WAIVER

You expressly and unconditionally assume any risks and waive any and all claims against and agree and promise to not sue any of the Parent Geenee Parties, regardless the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions, and regardless of the source or the cause of the issue including but not limited to failures of third-party sites or applications with which the Application interacts:
(a) inaccessibility or delays to the Services due to planned maintenance, excessive volume, updates or circumstances beyond the control of Parent Geenee;
(b) a suspension or other action taken with respect to your account by Parent Geenee for Subscriber’s failure to pay Subscription Fees or other amounts due or for violation of this Agreement;
(c) the person whose access to certain content was to be blocked circumvents the Services to access such content, directly or indirectly, and/or accesses such content when the Services are not active, for any reason;
(d) unauthorized use of and access to your account other than due to the sole fault of Parent Geenee;
(e) modification or deletion of certain features from the Services and/or the Application;
(f) any person suffers and/or causes psychological and/or physical injury; or
(g) deletion, corruption or destruction of any of Your Data during or after the Term.

13. NOTICE

All notices upon you shall be effective when sent by email to the email address you used when you registered or as you subsequently modified it.
All notices to Parent Geenee must be in writing and delivered in person, or sent by registered or certified mail or nationally or internationally recognized overnight courier, with all fees prepaid to Parent Geenee at the address indicated below or as subsequently modified by Parent Geenee or by email.
Parent Geenee: Parent Geenee, Inc.
9300 Wade Boulevard, Suite 220
Frisco, Texas 75035
Email: info@ParentGeenee.com
Either Party may, at any time, change its mail or delivery address by giving the other Party written notice.
The effective date of any written notice personally delivered or sent by a recognized overnight courier shall be the date of receipt if received on the recipient’s business day, otherwise the next business day of the recipient. The effective date of any email notice shall be the next business day after the email is sent.

14. SURVIVAL

In addition to those provisions of the General T&Cs which survive termination of this Agreement, those provisions of these Subscriber T&Cs that by their terms or sense are intended to survive termination or expiration of this Agreement will survive and remain in full force and effect, including, without limitation, Sections 5.02, 7.02, and 9 – 14.