Terms & Conditions

Thank you for visiting Automated Genius’s website (the “Website”). We want your experience to be a positive one. All use of this Website is governed by these terms and conditions of use (“Terms of Use”). Please read these terms and conditions of carefully. These Terms of Use set forth legally binding terms and conditions. By accessing our Website, you accept and agree to be bound by these Terms of Use, whether or not you register as a member of Automated Genius or use any of the services provided on the Website.

ELIGIBILITY

By accessing and using the Website and its services, you represent and warrant that: (a) you have read and understand, and agree to comply with and be bound by these Terms of Use; (b) any registration information that you submit to us is, and will be updated to remain, truthful, complete and accurate; and (c) your access to and use of the Website does not and shall not violate any applicable laws of your local jurisdiction.

MINORS

We do not provide services or sell products to children. By accessing or using the Website, and/or registering for Automated Genius membership, you represent and warrant that you are at least eighteen (18) years of age.

PROHIBITED ACTIVITIES

You may not use the Website in violation of the Terms of Service, in violation of any applicable laws or regulations, or to violate the rights of any person or entity. Without limiting the foregoing, you may not: impersonate another Website user; attempt to gain unauthorized access to any other user’s information or any other private areas of the Website; use the Website for advertising, promotional or other commercial purposes, except in those forums (if any) where such activities are expressly permitted; use automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools, to post content to or download content from the Website; engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; “stalk” or otherwise harass anyone, or contact any user that has not specifically asked to be contacted; engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, deceptive, false, misleading, inaccurate, unsafe, invasive of another's privacy, or endangering of minors in any way; promote discrimination of any kind against any group or individual; or infringe the copyrights or other intellectual property rights of us or any third party.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy HERE.

COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE TERMS AND CONDITIONS

If there is a Compensation Disclosure Policy HERE, the policy is part of, and subject to, these terms and conditions of use.

MODIFICATIONS AND TERMINATIONS

These Terms of Use may change from time to time. If such changes are made, they will be effective immediately when posted to the Website, or otherwise made available to you. Your access to and use of the Website and/or membership after we have modified these Terms of Use shall signify your acceptance of the amended terms. It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes. If you disagree with the changes that have been made, you should not use our Website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our Website. Any questions or concerns should be brought to our attention by sending an e-mail [support@automatedgenius.com], and providing us with information relating to your concern.

LICENSEE STATUS

We hereby grant to you a personal, non-exclusive, non-transferable license to use the Website and, if applicable, membership on any computer that you own or control, solely for your own business purposes, and solely for the Website’s and membership’s intended purpose and in compliance will all applicable laws and regulations. You understand that we reserve the right to terminate your license to use our Website, access our Website, and/or terminate your membership at any time and for any reason, and/or take other action, with or without prior notice to you.

MEMBERSHIP

In order to use the services offered on our Website you must register as a member of Automated Genius. You must register your account in your own legal name. During the registration process, you will specify your name, email address, phone number and home and/or business address and provide a payment method. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity. Membership is granted in the sole discretion of Company. You are solely responsible in all respects for all use of and for protecting the confidentiality of your credentials. You agree to notify us immediately of any unauthorized use of your credentials and any other suspected breach of security regarding the Website. We are not liable for and you hereby release Company from any liability for any loss or damage arising from the unauthorized use of your credentials. You can find the specific details regarding your membership with Automated Genius at any time by visiting our Website and clicking on the "My Account" link.

BILLING

By starting your Automated Genius membership, you are expressly agreeing that the Company is authorized to charge you a monthly license fee at the then current rate plus any applicable tax, and any other charges you may incur in connection with your use of Automated Genius service to the Payment Method you provided during registration (or to a different Payment Method if you change My Account information).

Additional charges may include the purchase of data lists, additional property reports, additional email capacity or service level changes you request. Please note that prices and charges are subject to change with notice. As used in these Terms & Conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The license fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit the Website and click on the "Account Manager" link on the "My Account" page to see the commencement date for your next renewal period. The Company automatically bills your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. You will receive a notice via email (to the email address we have on your account) that your invoice is PAID. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, the Company will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and charges for additional products and services you may purchase, and you authorize the Company to charge your Payment Method for such varying amounts.

The Company may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, the Company may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at the Company’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate the Company to provide credits in the future, under any circumstance. The Company may change the fees and charges in effect, or add new fees and charges from time to time, but the Company will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting the Website and clicking on the "Account Manager" link on the "My Account" page, available at the top of the pages of the Website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel My Account (see, "Cancellation" below), you authorize the Company to continue billing that Payment Method and you remain responsible for any uncollected amounts.

ONGOING MEMBERSHIP

Your Automated Genius membership will continue in effect unless and until you cancel your membership or the Company terminates it. You must cancel your membership before it renews each month in order to avoid billing of the next month's license fees to your Payment Method. The Company will bill the monthly license fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change My Account information). License fees are fully earned upon payment.

CANCELLATION

You may cancel your Automated Genius membership at any time and cancellation will be effective at the end of that billing period. THE COMPANY DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To avoid being charged again, cancel BEFORE your commencement date. To cancel your membership, visit the Website and click the words "Cancel Membership" on the "My Account" page and follow the instructions for cancellation under the heading "Cancel Membership."

REFUND POLICY

Automated Genius products offer a full refund if canceled within the first 30-days on new pay accounts (PRO Version). Upgrades from free accounts do not qualify. If you upgrade from a free to paying account you'll be charged for your first month when you upgrade.

Cancel within the first 30 days and you won’t be charged. If you cancel your paid account before you are billed 30 days after your original signup then you won’t be charged.

Cancel after 30 days and you won’t be charged again. Once you cancel you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 18th of every month, and you cancel on the 24th, you’ll still have to pay for the current month, but you won’t be charged again after that. In order to treat everyone equally, no exceptions will be made. How do I cancel my account? You can cancel your account at any time by logging into your account and selecting the “Account Manager” tab (usually found on the My Account menu). Once you are on the Account Manager page, click the “Please cancel my account” link.

USER CONTENT

Other users or third parties may make services or goods available through the Website. You understand that we do not verify the qualifications of such users or third parties, nor do we evaluate or control in any ongoing manner exchanges between you and such third parties. We have no control over and assume no responsibility for the content posted by other users or members of the Website. It is possible that other users may post offensive or inappropriate content, and that you may view or be involuntarily exposed to such offensive or inappropriate content. We do not approve of such conduct. However, we are not responsible for the content or conduct of other users of the Website, and shall have no liability for any actions or inaction taken in connection therewith. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions of us. We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.

THIRD PARTY LINKS

The Website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest and to related pages and forums on YouTube, Facebook, Twitter or other social media sites. The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access a third party Internet or mobile site, you do so at your own risk, subject to the applicable terms of use and privacy policy of the third party provider. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.

PROPRIETARY RIGHTS

We and/or or suppliers reserve all right, title and interest in and to the Website, including but not limited to all products, services, materials, information, and compilations of information available on or through the Website, as well as the domain name and sub-domains, design, layout, graphics, programming code and “look and feel” of the Website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all related intellectual property and other proprietary rights. You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the Website in accordance with these Terms of Use. You may not modify, reproduce, distribute, sell, or create derivative works based upon the Website, or post any content from the Website to newsgroups, blogs, mailing lists, social networking sites, or electronic bulletin boards.

Any requests to use our content should be submitted to us by e-mail at damon@automatedgenius.com.

INTELLECTUAL PROPERTY RIGHTS POLICY

Company provides an internet-based real estate website hosting service to its members, which members use to list, market, sell, invest and otherwise manage real estate listings. You are prohibited from using our service to modify, upload, post, distribute or otherwise display images, photos or other materials that infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) (collectively, “Materials”). All Materials that you upload are automatically stored to the Website. We do not review any Materials before you upload them to the Website. By using our service, you assume full responsibility for all of the Materials that you upload to the Website, and for complying with this Intellectual Property Rights Policy. You represent and warrant that: (i) the Materials are your own, original work; (ii) the Materials do not contain any computer virus, are otherwise uncorrupted, are wholly original to you; (iii) you have all rights by ownership or license to the Materials, the individual elements of the Materials, and all copyright related thereto; (iv) the Materials do not infringe any copyright or violate any property rights, privacy rights, publicity rights or any other rights of any other person or entity; and (v) the Materials do not and will not violate any applicable laws. You will defend, indemnify and hold harmless the Company and/or its licensees, members and users against all claims, suits, costs, damages and expenses that Company and/or its licensees, members and users may sustain by reason of any breach or alleged breach of any of the warranties, representations or agreements of you hereunder, or from your Materials. It is our policy to terminate the accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent.

If you believe that your intellectual property rights have been infringed by a member of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
  2. Identification of the copyright, trademark or other rights that have been allegedly infringed.
  3. Your name, address, telephone number and email address.
  4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
  5. that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Our Intellectual Property Rights Agent is Damon Remy, who may be reached by mail, email, telephone or fax as follows:

Automated Genius
Attn: Damon Remy
Intellectual Property Rights Agent
Address: 16216 Baxter Rd, Suite 110 Chesterfield, MO 63017
Email: damon@automatedgenius.com

You, upon providing, uploading and/or posting your Materials, hereby irrevocably grants to Company, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to display, reproduce, exhibit, distribute, copy, exploit or make any use or non-use of the Materials.

DISCLAIMERS

THE WEBSITE AND ALL INFORMATION ON AND SERVICE PROVIDED THROUGH OUR WEBSITE IS PROVIDED ON AN ''AS IS,'' ''AS AVAILABLE'' BASIS. YOU AGREE THAT ALL USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE FEATURES, FUNCTIONALITY, OR MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE AND EXPRESSLY DISCLAIM, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED OR THAT ANY FEATURES, FUNCTIONS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.

INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NOT TO BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS OF USE, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON, OR ANY FORCE MAJEURE EVENT, ACTS OF OMISSIONS OR OTHER USERS OR THIRD PARTIES, OR OTHER OCCURRENCE OUTSIDE OF OUR REASONABLE CONTROL. OUR AND/OR OUR SUPPLIERS TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE AND THESE TERMS OF USE SHALL NOT EXCEED THE ONE HUNDRED DOLLARS ($100). THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene, slanderous or offensive content that you receive or view from others while using our Website. However, if you do receive or view such content, please contact us by e-mail to info@automatedgenius.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene, slanderous or offensive material posted to our Website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us, our directors, officers, employees, agents, affiliates and suppliers harmless from and against any and all claims, demands, actions, damages, liabilities liability, losses, fines, penalties, judgments, awards, settlements, costs and expenses, including reasonable attorneys’ fees and legal costs, arising out of or resulting in whole or in part from your use or misuse of our Website, your violation of these Terms of Use, or your actual or alleged violation of any applicable law or the rights of another person or entity.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION

You agree to obey all applicable laws while using our Website.

You agree that the laws of Missouri govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in St. Louis Missouri, United States. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

SEVERABILITY OF THESE TERMS OF USE

If any part of these Terms of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms of Use are fully enforceable and legally binding.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to support@automatedgenius.com, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Automated Genius
16216 Baxter Rd, Suite 110
Chesterfield, MO 63017
United States

ENTIRE AGREEMENT

These Terms of Use, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our Website and the services and information provided thereon, and supersede all prior and contemporaneous negotiations, understanding and agreements, written or oral, with regard to the subject matter hereof.

ASSIGNMENTS

You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part, without our prior written consent. Any attempted assignment or delegation shall be null and void from the beginning and without effect. We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.

THIRD PARTY BENEFICIARIES

Nothing contained in these Terms of Use, express or implied, is intended or shall be construed to give any third party any rights or remedies under or by reason of these Terms of Use. Notwithstanding the foregoing, the disclaimers and limitations on liability under these Terms of Use shall extend to us, our directors, officers, employees, agents and affiliates. All references to us in connection therewith shall be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

AMENDMENT WAIVER

Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by a duly authorized representative of Company. No provision shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.

These Terms of Use was last updated on 1/8/16.

Copyright 2008-2009 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this website at automatedgenius.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.

No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.