Terms & Conditions

General Information

New Genesis Web, LLC, hereinafter referred to as “New Genesis Web, LLC,” “We,” or “Our,” or “Developer,” owns and operates http://newgenesisweb.com/ (the “Website”) and the following terms, conditions, and notices (the “Terms”) shall govern your relationship the New Genesis Web, LLC and the Website.

 

Access to and use of this Website and the products or services available through this Website are subject to the Terms. By using or ordering our products or services, you are agreeing to all of the Terms, as may be updated by us from time to time. It is your responsibility to review this page prior to each order to take notice of any changes we may have made to the Terms. Please direct all inquiries to info@newgenesisweb.com.

Website Access and Credentials

Access to this Website is temporary in nature and we reserve the right to withdraw or amend our products or services without notice. No liability shall result from the unavailability of this Website for any period of time. Further, we may restrict access to parts or all of this Website.

 

To access products or services on the Website, you will be required to provide specific information. Minors must obtain the consent of a parent or legal guardian to use the Website and agree to these Terms. You hereby agree to provide truthful information and that you will not use any aliases or other means to disguise your true identity. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use of the Website under such passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy below.

Pricing

Our pricing structure is based on your specific needs and requests at the time of our initial consultation and quotes. These prices are subject to change based on the needs and/or requests of the client. These prices are NOT permanent and can be subject to change at the developer’s discretion. The developer will provide at least 30 days’ notice of any pricing changes.

Refund Policy

We will honor a full refund within 48 hours after paying the first 50% deposit on your invoice. After the 48 hours, we will offer a 50% refund of the amount paid up until 15 days after the deposit was paid.

Privacy Policy

We pledge to value and respect your privacy; not sell, trade, lease, or rent any of your personal information with unauthorized third parties besides companies involved in the payment and fulfillment of your order or regulatory bodies as required by law; and use various security measures, including cookies, to protect the security and confidentiality of your personal information.

 

We may offer links to other websites without any guarantees, conditions, or warranties as to the accuracy of the information on such links and you shall decide to follow such links at your own discretion without liability to New Genesis Web, LLC.

 

You can login to your personal account with us to view or change your personal information or view your orders. Please send an e-mail to info@newgenesisweb.com if you want us to remove your personal data from the Website.

Consent

In an attempt to correctly take your measurements for our products, our agents may have to make reasonable contact with your body. As such, you consent to such reasonable body contact and shall hold New Genesis Web, LLC and/or its agents harmless for such reasonable contact with your body.

Prohibition

You are prohibited from misusing this Website and you will not commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of our products or services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and New Genesis Web, LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

New Genesis Web, LLC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property

We reserve all intellectual property rights in all content made available to you on or through the Website, including our illustrations and photographic images, and such intellectual property shall be protected by copyright laws and treaties in the United States and around the world, and such rights are reserved by New Genesis Web, LLC and its licensors, as applicable. You may store, print, or display the content supplied on the Website solely for your own personal use.

Disclaimer of Liability

Unless expressly stated to the contrary and to the fullest extent permitted by law, New Genesis Web, LLC, its suppliers, content providers, or advertisers hereby expressly exclude all guarantees, conditions, warranties or other terms which might otherwise be implied by statute, common law, or the laws of equity and shall not be liable for any damages, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and products or services, arising out of or related to the use, inability to use, performance or failures of this Website or any linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise. This does not exclude New Genesis Web, LLC from liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend and hold harmless New Genesis Web, LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms.

Modification

New Genesis Web, LLC reserves the right in its absolute discretion at any time and without notice to amend, remove, or vary our products or services and/or content of this Website.

Severability

If any part of the Terms is unenforceable (including any provision in which New Genesis Web, LLC excludes its liability to you), the enforceability of any other part of the Terms will not be affected and all other clauses shall remain enforceable. To the extent any clause, sub-clause, section or part (the “Clause”) of the Terms can be severed to render the remaining part valid, the Clause shall be interpreted accordingly. Alternatively, you agree that the Clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the Clause as is permitted by law.

Dispute Resolution

We recognize that in spite of our best intentions, we will not always live up to your expectations; please email us using info@newgenesisweb.com with your complaints or comments. Note that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Terms agreement to arbitrate, shall be determined by arbitration in Cincinnati, Ohio before an arbitrator of New Genesis Web, LLC’s choice, and judgment on the award may be entered in any court having jurisdiction. Parties shall not be precluded from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Waiver

If you breach these conditions and New Genesis Web, LLC takes no action, such inaction shall not forfeit New Genesis Web, LLC’s rights and remedies in any other situation where you breach these conditions.

Choice of Law and Venue

These Terms shall be construed in accordance with and governed by the laws of the State of Ohio, without regard to other principles of conflicts of law. Any dispute relating in any way to your visit to, or use of, the Website, or to the products or services you order through the Website shall be submitted to confidential arbitration in Cincinnati, Ohio, provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Ohio. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Ohio. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms must be filed within one (1) year after such claim of action arose or be forever barred.