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Website Terms of Service

 

 

This Website, together with any of its affiliated mobile applications or communication platforms related to this Website (collectively, the “Website”), is operated by GINOVERSITY LLC. Throughout the Website and in these terms and conditions, the terms “we”, “us”, “our”, “10X Coach” , "10X Licensee" and “Gino” refer to GINOVERSITY LLC., its affiliates and each of their respective employees, officers, directors and representatives.  Ginoversity offers this Website, including all information, tools and services available from this Website to “you”, the “user” or “Client” conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using our Website or purchasing any of Ginoversity goods or services, you expressly agree to engage in our Website’s “Service” and agree to be bound by the Website’s terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced herein and/or made available on the Website from time to time. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, clients, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

The Website and the information contained therein (including changes to these Terms of Service) may be changed or updated from time to time without notice.  It is your responsibility to check for such changes.  Ginoversity may revise, supplement or delete any video content, audio content, written or graphical materials, information, the resources contained in the Website, and any products or services rendered through the Website or affiliated apps by Ginoversity, including products or services related thereto, on the Website (collectively, the “Content”), and reserves the right to make such changes to the Content without prior notification to past, current or prospective visitors. Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Although Ginoversity believes this information to be correct at the time it is posted, Ginoversity does not warrant the accuracy, completeness or currency, or fitness for any purpose whatsoever, of this Content at all times and Ginoversity cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness, or fitness for any purpose whatsoever, of the Content.  

You may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to, or accessible through, the Website. You may only use the Website for lawful purposes.

 

Limited License

Subject to these Terms of Service, you are granted a limited license only to display and print the Content contained in the Website for your own personal, non-commercial use, provided that such Content are not modified and that copyright and other intellectual property notices are not altered or deleted.  You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any Content contained in the Website in any manner or form whatsoever. Unless you have entered into a separate agreement with Ginoversity, any other use of such materials or information without Ginoversity's  written permission is prohibited, and all title and copyrights to the Content are owned by Ginoversity.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Content, the Website’s Service, or use of the Service, without the express prior written permission by Ginoversity.  We reserve the right to refuse the provision of any goods or services, or to restrict usage of this Website, to anyone for any reason at any time.

 

Content that you share with us.

The Website may contain features that allow you to share your personal information with us (including, without limitation, submissions in respect of your use of the Service, your appearance in video or audio format in interviews or recorded Content, your likeness, your comments to existing Content that forms part of the Website).   By doing so, you consent that we may use such information for the purposes of the Content that it was provided to us. You also represent and warrant that you have all rights necessary to share the information with us, and that any information you provide to the Website is free from viruses and other malware.  

We do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Website, the Service, or Ginoversity's business.  If you send us any ideas or suggestions, regardless of the topic, we will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.  You agree that Ginoversity shall be the copyright owner of all copyrightable works of every kind and description of any Content which contains your personal information, except where you notify Ginoversity of your claimed rights to copyright of that information in writing.  You understand that any Content you submit to the Website (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You acknowledge that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered.  Ginoversity is not liable for any damages related to communications to, or from, the Website.  You agree with respect to any information provided by you to us through the Website or via e-mail that:

• Ginoversity has no obligation concerning such information; 

• the information is non-confidential; 

• Ginoversity may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and 

• the information is truthful and disclosure of the information does not violate the legal rights of others.

 

Proprietary Rights.

The Content contained on the Website is protected under the laws of the United States.  Certain words, phrases, names, titles, icons, graphics, designs or logos used on the Website may constitute trademarks, service marks or trade names of Ginoversity or other entities.  The display of trademarks, service marks or trade names on the pages of the Website does not imply that a license of any kind has been granted to anyone else.  Except as specifically set out herein, you may not use any such trademarks, service marks or trade names in any manner whatsoever.

 

Disclaimer of all Warranties – Exclusion of Liability

THE CONTENT, MATERIALS AND INFORMATION CONTAINED ON THE WEBSITE ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE A SOLICITATION, INVESTMENT ADVICE, AN OFFERING OF SECURITIES IN ANY JURISDICTION, LEGAL ADVICE OR ACCOUNTING ADVICE.  Information disclosed under securities laws of any jurisdiction applicable to Ginoversity is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the Website.  Due to the technical and security risks inherent in the Internet, and because the Content you access may differ from the original depending on your browser software, the information set out in the Website should not be used for the purpose of making investment decisions, legal actions or accounting decisions.  

ALL USE OF THE CONTENT ON THIS WEBSITE IS ON A STRICTLY AS-IS, WHERE-IS BASIS AND YOU AGREE THAT ANY USE OF THE CONTENT IS AT YOUR OWN RISK.  FOR ANY INVESTMENT DECISIONS, IF YOU ARE GOING TO RELY ON ANY INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT DOCUMENT DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES.  IF YOU NEED CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS, IF ANY, THAT HAVE BEEN FILED WITH THE APPLICABLE SECURITIES REGULATORY AUTHORITIES.

THE WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" AND ARE USED BY YOU AT YOUR SOLE RISK.  GINOVERSITY MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GINOVERSITY HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE.

IN ADDITION, WITHOUT LIMITING THE FOREGOING, GINOVERSITY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.  THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  GINOVERSITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE OPERATION OF, OR ANY INFORMATION OR MATERIALS CONTAINED IN, THE WEBSITE.

AS ABOVE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GINOVERSITY OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR WITH ANY LINKED THIRD-PARTY WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. 

IN EVERY EVENT, BY USING OUR WEBSITE, YOU AGREE THAT GINOVERSITY’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF SERVICE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE INFORMATION OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.  

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR GINOVERSITY TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY GINOVERSITY, GINOVERSITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES. 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD GINOVERSITY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ALL CLAIMS OR LIABILITY ASSERTED AGAINST GINOVERSITY ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OR ANYONE ACTING ON YOUR BEHALF OF ANY OF THESE TERMS OF SERVICE.

 

Forward-Looking Statements

The Website may contain Content that constitute "forward-looking information" within the meaning of applicable securities legislation including statements that contain words such as "could", "should", "can", "anticipate", "estimate", "propose", "plan", "project", "continue", "expect", "believe", "will", "may" and similar expressions and statements that are not related to historical facts.  Such statements may pertain to opportunities identified by Ginoversity, and any related digital service or financing strategy.  You are cautioned not to place undue reliance on forward-looking information as there can be no assurance that the future circumstances, outcomes or results anticipated in or implied by such forward-looking information will occur or that plans, intentions or expectations upon which the forward-looking information is based will occur.  By its nature, forward-looking information involves numerous assumptions, known and unknown risks and uncertainties, both general and specific, that contribute to the possibility that circumstances, events or outcomes anticipated or implied by forward-looking information will not occur, which may cause the actual performance and financial results in future periods to differ materially from the performance or results anticipated or implied by any such forward-looking information.  Some of the risks and other factors which could cause results to differ materially from those expressed in the forward-looking information contained in this Website include, but are not limited to: industry capacity; changes in local, municipal, state, provincial or federal laws or regulations, e-commerce platform rules and regulations; customs and duties regulations and fees, credit markets, cybersecurity issues, trade restrictions, dependence and availability of third party websites and platforms referred to the Content; the reliability of Ginoversity’s electronic systems for recording of sales and accumulation of financial data; Ginoversity’s dependence on qualified operating or management personnel and employees; weather; limited, unfavorable or no access to capital or credit markets; foreign currency exchange rates and interest rates; the assumption of potential liabilities from acquisitions; risks of pending and future legal proceedings and the litigation process; changes in general economic and business conditions; the possibility that government policies or laws may change or governmental approvals may be delayed or withheld; tax planning, sources of funding; business strategies; ability to achieve business objectives and challenges associated with the growth of a business; the stringent requirements of, and the potential for changes to, applicable e-commerce platform laws and other regulations affecting you or Ginoversity; the impact of leverage, restrictive covenants and capital requirements; limitations on bank borrowing; plans and objectives of or involving Ginoversity; and such other risks or factors described from time to time which may be in the reports filed with securities regulatory authorities by Ginoversity, if any.

Ginoversity cautions that the foregoing list of risks and uncertainties is not exhaustive. Additional information on these and other factors which could affect Ginoversity's operations or financial results are included in Ginoversity’s filings made with applicable securities regulatory authorities, if any.

Undue reliance should not be placed on forward-looking information which is based on Ginoversity management's assumptions as at the date such information was provided and is subject to known and unknown risks and uncertainties, including the risks described above, which may cause actual performance and financial results in future periods to differ materially from any predictions of future performance or results expressed or implied by such future-looking information.

 

Accordingly, you are cautioned that events or circumstances could cause results to differ materially from those predicted.

Forward-looking information is based on the estimates and opinions of Ginoversity’s management at the time the statements are made in light of, and generally consistent with, its historical experience and its perception of historical trends, as well as certain expectations, generally consistent with, and informed by, its past experience, all of which are subject to the risk factors identified above.  Ginoversity assumes no obligation to update forward-looking information should circumstances or management's estimates or opinions change, except as required by applicable law.  The forward-looking information contained in the Website are expressly qualified by this cautionary statement.

 

Code of Conduct

You may not interfere with the security of, or otherwise abuse, the Website, or any system resources, services or networks connected to or accessible through the Website.  You may only use the Website for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Ginoversity’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Service.  

While using the Website, you agree to comply with all applicable laws, rules and regulations.  

You further agree not to:

 

mirror or frame any part of the Website without Ginoversity’s express prior written consent; or

 

use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website's root directory, Ginoversity grants to the operators of public search engines a revocable, limited, non-exclusive license to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials.

 

For greater certainty, Ginoversity reserves the right to revoke such licensees either generally or in specific cases, at any time and without notice.

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website.

Ginoversity may, without notice, temporarily suspend your, or any other party's, access to the Website if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Ginoversity may reasonably determine is necessary to permit the thorough investigation of such suspended activity.  

 

Links to Third Party Websites

Ginoversity does not control any third-party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Website. Ginoversity provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Ginoversity of the linked website or information contained therein and Ginoversity does not make any representations regarding the privacy practices, content or accuracy of materials on such third-party sites.

 

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on the Website.  Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

Ginoversity shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the information or materials from the Website.  Ginoversity recommends that you install appropriate anti-virus or other protective software.

 

Miscellaneous

Ginoversity is formed in the state of Pennsylvania and the Website is controlled, operated and administered by Ginoversity from the state of Florida. The Website can be accessed from all areas of the United States and from other countries around the world. As each of these jurisdictions has laws that may differ from those of the United States,  by accessing the Website, you acknowledge and agree that all matters relating to these Terms of Service and access to, or use of, the Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the United States applicable therein (without reference to conflicts of laws principles).  You agree that any legal action or proceeding between you and Ginoversity which in any way concerns these Terms of Service or the use of the Website or any materials or information contained therein shall be brought exclusively in the courts in the State of Florida, in the city of Sarasota, and these Terms of Services shall be treated as a Florida contract and the law of Florida shall govern, without regard to any conflict of laws principles that may apply.  Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Ginoversity relating to any such dispute and you also agree to opt out of any class proceedings against Ginoversity.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief. 

Ginoversity makes no representation that access to the Website or that the information contained therein is appropriate or legal in all jurisdictions.  You may not access the Website or use any information in those jurisdictions where it would be illegal.  In any case, your access to the Website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.

Ginoversity’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.

 

If any provision or part thereof of these Terms of Service is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The provisions of this Term of Service e shall survive any termination, expiry, or subsequent amendment of these Terms of Service.

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