MassGenie provides website features to you subject to the following Terms and Conditions. These Legal Terms and Conditions apply to the entire MassGenie.com website and all portions of the site contained therein. These Legal Terms and Conditions shall apply to any future portions of the MassGenie.com website (excluding links to other websites as provided below) unless otherwise stated.
Use of This Web Site
Use of this website and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this website constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.
No Unlawful or Prohibited Use
As a condition of your use of the MassGenie website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair any MassGenie server, or the network(s) connected to any MassGenie server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to any computer systems or networks connected to any MassGenie server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website. MassGenie makes no representation that the website is appropriate or available for use in locations outside the United States, and accessing the website from territories where such content is illegal is prohibited. Those who choose to access this website from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.
You are responsible for maintaining the security and confidentiality of your login information and for restricting access to your computer, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify MassGenie of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the MassGenie website, anything that you submit or post to the website and/or provide us, including without limitation, reviews, comments, ideas, know-how, techniques, questions, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the website, you also grant us the right to use the name that you submit with any review or your user account name, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this website and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. Submissions may be posted so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of software viruses, political campaigning, commercial solicitation, links to other websites or any form of "spam." You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions, including comments or reviews, for any reason.
Typographical or Other Errors
While MassGenie makes reasonable efforts to provide information which is accurate, MassGenie does not guarantee that its efforts will always be successful. Therefore, as set below, MassGenie does not warranty that the Website materials will be free of errors and disclaims any liability for such errors.
MassGenie Item Price Policy
Prices on the MassGenie website are subject to change at any time without notice. No price is confirmed until the checkout process is complete. In the event of a typographic error, error in pricing or error in item description received from our seller(s), we shall have the right to refuse or cancel any orders placed for the item listed incorrectly.
MassGenie List Price Definition: List price reflects the highest price published by any distributor for a given item.
Images are provided for illustrative purposes only and may not reflect the actual packaging, contents, color, etc of the listed item. Users should refer to the item description for the actual item packaging.
Estimated Time to Ship
MassGenie provides an Estimated Time to Ship for items based on the historical shipping performance by a seller for a given item. Where item level information is not available, MassGenie provides the seller's overall historical shipping performance for all items sold by that seller. Estimated Time to Ship does not include transit time from the seller's facility to yours. Estimated Time to Ship is the average shipping performance for the past 90 days and does not represent a guarantee or promise of present or future performance.
Returns are subject to the policy set forth by each seller. The sellers listed on MassGenie are the point of sale and therefore responsible for any refunds due upon returning merchandise. Each seller's return policy is posted on this website. To arrange for a return, call our Customer Service Department.
Links to Other Web Sites
Copyrights. MassGenie is the owner or licensee of all copyrights in and to the content on this website, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this website; and (ii) the design, selection and arrangement of this website. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this website and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the website solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with MassGenie or its licensors. MassGenie and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this website for any purpose not expressly authorized herein without the prior written permission of MassGenie or its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of MassGenie Inc., its affiliates, or other third parties that have granted MassGenie the right and license to use such Marks. Nothing contained on this website should be construed as granting any license or right to use any such Marks without the written permission of MassGenie or such third party that may own the Marks displayed.
Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this website by you and all information provided by you in any manner consistent with our Privacy Statement. Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.
Disclaimers of Warranties
MASSGENIE MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE. MASSGENIE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEBSITE WITHOUT NOTICE. FURTHER, MASSGENIE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE. MASSGENIE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.
ALL MATERIALS, INFORMATION, SOFTWARE, ITEMS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
MassGenie makes no representation that the website or its contents are appropriate for use in every country of the world. Your use of this website is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the website may not be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases
Limitation of Liability
Use of the MassGenie website or any software application installed by you in connection with the use of this website, is at your sole risk. While MassGenie makes reasonable efforts to ensure the safety and functionality of our website and any software applications associated with its website, these efforts may fail and errors may occur. IN NO EVENT SHALL MASSGENIE OR ANY OTHER PARTY INVOLVED IN THE CREATION, ITEM, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY WEBSITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEBSITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER WEBSITE), ON ANY THEORY OF LIABILITY. MASSGENIE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF MASSGENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MASSGENIE'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO MASSGENIE FOR ACCESSING THIS WEBSITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEBSITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
Forward Looking Statements
THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY MASSGENIE OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND AVAILABLE THROUGH MASSGENIE'S WEBSITES MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS "MAY," "COULD," "EXPECT," "ANTICIPATE," "INTEND," "BELIEVE," "PLAN," "ESTIMATE," "FORECAST," "PROJECT," OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE, AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER "RISK FACTORS" DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE COMMISSION. THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.
Indemnification by User
You agree to defend, indemnify, and hold harmless MassGenie and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors, and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this website.
MassGenie shall have the right immediately to terminate this agreement with you and your use of the website if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which MassGenie determines in its sole discretion to be unacceptable.
Choice of Law and Forum
These Legal Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, without regard to such state's rules regarding conflicts of laws. By accessing this website, you agree that courts located in Costa Mesa of California shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Legal Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.
A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, MassGenie's records shall be conclusive in all respects.
Integration and Severability
These Legal Terms and Conditions constitute the entire agreement between you and MassGenie with respect to this website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MassGenie with respect to this site. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.