1. Services
In accordance the terms of this Agreement (defined below), the use of the Services (defined below) permits users like you to obtain consulting services for sales leads.
2. Legal Agreement
Please read these terms and conditions (the “Agreement”) carefully. Your registration at https://chiirpconsulting.setmore.com/ (the “Website”) to access the consulting services and information (the “Services”) offered by The Half Genius LLC, a Wyoming LLC (“we” or “our” or “us”) on the Website, and your acceptance of this Agreement by clicking the “I accept” box on the registration page of the Website creates a binding, legal agreement between The Half Genius and you (“you” or “your”). Such registration and acceptance shall become the effective date of this Agreement (the “Effective Date”). This Agreement governs your use of the Services and the Website. This Agreement also describes how The Half Genius collects and uses information you provide to us. If you choose to accept this Agreement, you must do so as written, without modification. If you do not accept these terms, you will not be allowed to access the Services. By using the Website, you accept the terms and conditions described in this Agreement. You warrant and represent that you are at least 18 years of age and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. The Half Genius and you are individually, a “party” and collective, the “parties.”
3. Registration
By registering, you agree to provide the information requested on the registration page of the Website completely and accurately, and to update your information during your use of the Services. As part of the registration process, The Half Genius asks you to provide your name, a method by which to contact you (such as a telephone number or email address), your location, payment information, and other information (collectively, “Personal Information”). You are responsible for keeping your Personal Information current. The Half Genius may occasionally send informational emails, such as newsletters, to registered users. To opt out of these informational emails, please follow the “unsubscribe” directions in those emails. You are responsible for selecting and keeping your username and password confidential. You may not share or disclose your user name and password to anyone other than The Half Genius. You understand that you are responsible for all uses of the Website through your user name and password. You must notify The Half Genius immediately if you know of or suspect unauthorized use of your user and password for this Website.
4. Updates
The Half Genius RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. The Half Genius WILL ENDEAVOR TO PROVIDE YOU WITH MATERIAL UPDATES TO THIS AGREEMENT TO THE EMAIL ADDRESS YOU PROVIDE US UPON REGISTRATION OR TO SUCH E-MAIL ADDRESS AS YOU MAY PROVIDE US THEREAFTER IN ACCORDANCE WITH THIS AGREEMENT. THE FOREGOING NOTWITHSTANDING, YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. The Half Genius may, but is not obligated to, offer upgrades, updates, and improvements to the Website and Services, and to add or discontinue any Services at any time.
5. Personal Information
Except as expressly provided in this Agreement, The Half Genius will not share your Personal Information with third parties without your permission. The Half Genius does not sell your Personal Information to third parties. The Half Genius may also provide aggregate statistical information (such as the city or state you live in) to third parties to describe The Half Genius’ services to prospective partners, advertisers, and other third parties, and for other lawful purposes. The Half Genius will not, however, disclose any personally identifiable information to these parties without your express permission or as permitted by this Agreement. You understand and agree that we monitor usage on the Website and the Services and that we may share your use of the Website and Services, including Personal Information, with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website and Services is for an unlawful purpose. We may also share your use of the Website and Services, including Personal Information, as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as The Half Genius determines is necessary or advisable to protect its interests or your safety or the safety of others. If you have any questions about the ways in which The Half Genius protects your Personal Information, or if you wish to update or remove your Personal Information from The Half Genius’ database, please feel free to contact us at support@TheHalfGenius.com. We will retain your Personal Information for as long as your account is active or as needed to provide you Services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
6. Cookies
The Half Genius uses cookies on the Website. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. The Half Genius does not link the information we store in cookies to any personally identifiable information you submit while on the Website. The Half Genius uses both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. If you reject cookies, you may still use the Website, but your ability to use some features will be limited. The use of cookies by The Half Genius’s partners, affiliates, tracking utility company, and service providers is not covered by this Agreement. The Half Genius does not have access or control over those cookies. The Half Genius’s partners, affiliates, tracking utility company, and service providers use session ID cookies to make it easier for you to navigate our site.
7. Linking Policy
The Website may contain links to other websites. Unless clearly stated, The Half Genius does not intend those links to be referrals or endorsements of the linked entities. These links are provided because they may be of interest to you and other The Half Genius users. The Half Genius is not responsible for the privacy policies or content of other websites. We encourage you to carefully read the privacy policy of any website you visit.
8. Personal Information
The security of your Personal Information is important to The Half Genius. The Half Genius follows generally accepted standards to protect the Personal Information you submit to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.
9. Prohibited Uses
(a) You shall not use the Services or the Website: (i) to harass, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(b) You shall not copy, publish, distribute, rent, or resell the Services, in whole or in part.
(c) You shall not use the Services as the basis for making decisions regarding consumers or businesses concerning loans, credit, insurance, credit history, employment, leasing, or other decisions. The Services are not to be relied upon by any person, including you, for any purpose.
10. Payment
You agree to pay us a consulting service fee as agreed based on the consulting service package selected. (“Fee” or “Fees”). Our first charge to you occurs as of the Effective Date. There are no other fees for the Services other than the consulting Fee. We may increase the Fee by providing you with at least 30 days’ prior written notice. You agree to provide us with your valid credit card or debit card number, and you authorize us to charge your card for the Fees. You agree to update us if your card is cancelled or changes. You also agree to pay any processing fees charged by third parties in our attempt to collect the Fees, such as for insufficient funds in your bank account.
11. Terms and Termination
This Agreement is valid as of the Effective Date and shall continue for period of time when we supply consulting services. You will be responsible to pay Fees for the services rendered. This Agreement may also be terminated as follows: (a) as required by law; (b) immediately by us if you fail to pay the Fees; (c) immediately by us if you have provided us with false, incomplete, misleading, or incorrect information; or (d) if we have reason to believe you are using the Services in breach of this Agreement or for an illegal purposes. Upon termination of this Agreement, all license rights granted herein shall immediately terminate, and you will not be allowed to use the Website or Services. The following provisions of this Agreement shall survive termination or expiration of this Agreement for any reason: 7, 11, 12, 13, 15, 16, 17, and 20.
12. Independent Parties
Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between The Half Genius and you.
13. Indemnification
You shall defend, indemnify, and hold harmless The Half Genius and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website or Services, or (b) breach of this Agreement.
14. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Half Genius: (A) PROVIDES ACCESS TO THE WEBSITE AND USE OF THE SERVICES “AS IS,” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE SERVICES, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND USE OF THE SERVICES. The Half Genius DOES NOT WARRANT THAT THE WEBSITE OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, AND WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Half Genius: SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Half Genius’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO The Half Genius IN THE MONTH IN WHICH A CLAIM GIVING RISE TO LIABILITY HEREUNDER OCCURS. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. Compliance with Applicable Law
You shall comply with all applicable international, federal, state, and local laws, rules, and regulations in your use of this Website and the Services.
17. Notice
Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States mail, postage pre-paid, to the address listed on the Website in our case, and to the address you listed in you registration page in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by mail.
18. Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement, the parties hereto irrevocably consent to binding arbitration in Salt Lake City, Utah, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement. The prevailing party in any arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.
19. Complete Agreement
This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Any modification of this Agreement shall be effective only if in a writing signed by the parties.
20. Severability
If any provision of this Agreement is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
21. Assignment
You shall not assign or sublicense any part of this Agreement, in whole or in part.
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