Terms of Use

Welcome to MARKETING GENIE™, ( the “Company” ),an online Customer Relationship Management system designed for businesses, cooperates and organizations. Please read these terms of use (the “Terms”) carefully before using the Website and the Service as they form a legally binding contract between us. These Terms apply to the entire content of the website at https://marketinggenie.net (the “Website”), the use by you of the MARKETING GENIE™CRM services provided through the Website (the “Service”) and any correspondence between us. If you use the Website then you indicate that you accept these Terms regardless of whether or not you choose to register to use the Service. If you do not accept these terms, then please do not use the Website or the Service. These Terms are issued by The Marketing Genie, Incorporated, a US Corporation whose office is located at 946 W. Patapsco Avenue, Baltimore, Maryland 21230 (the “Company” and “we”).

By clicking on the “Accept” button below you agree to these Terms of Use, which are binding, and you acknowledge your agreement to adhere to terms. If you do not agree to these Terms, then we are unwilling to allow you access to the Website and/or the Service. Please do not access and/or use our Website and/or Service.

SERVICE OVERVIEW

Services described on the MARKETING GENIE™ Sites may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the MARKETING GENIE™ Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.

The Services consist of one or more of the following: a CRM, a web-based interface, access to incoming telephone number or keywords, Direct Inward Dialing Numbers (“DIDs”), messaging applications, voice broadcast applications, email applications, direct mail applications, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send text messages and/or voice broadcasts to recipients designated by you (collectively, the “Services”). We provide MT outbound messages through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Services.

MARKETING GENIE™only provides that the Services are processed correctly and delivered by MARKETING GENIE™to the applicable network. MARKETING GENIE™Services, as this is out of our control and is the responsibility of the communications carrier.

MARKETING GENIE™ transmits and receives text messages and voice broadcasts via major telecommunications companies and mobile network operators, and thus MARKETING GENIE™’s influence over the timing of the transmission of your messages and broadcasts are within the technical constraints imposed upon MARKETING GENIE™. While MARKETING GENIE™ shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. MARKETING GENIE™ is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from MARKETING GENIE™ for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.

INTRODUCTION

1.1 In consideration of the payment by you of the current fees specified at https://marketinggenie.net html (where applicable) and you agreeing to abide by these Terms, we grant you access to use the Website and the Service on the terms set out in this document.

1.2 By accessing any part of the Website or the Service, you shall be deemed to have accepted the Terms in full, which shall take effect immediately on your first use of the Website or Service. If you do not accept the Terms in full, please discontinue the use of the Website immediately.

1.3 The Company may revise these Terms at any time by updating this posting. Please check the Website from time to time to review the current Terms, because they are binding with use of the Website and Services. They are available at https://marketinggenie.net

1.4 Any amendments, modifications, enhancements or changes to the Service made available by the Company from time to time shall be subject to these Terms.

1.5 If you are 12 years old or younger you may not register with us on this Website. By entering your details on the Website you are stating you are 13 years old or older.

2. RIGHTS GRANTED

2.1 You are permitted to use the Service for your own internal business purposes or for your own personal use on the following basis:

(a) You have provided your legal full name, a valid email address, and any other information requested in order to complete the sign-up process; and

(b) if you provide or otherwise make available the Service in whole or in part in any form to any person including your employees, (“Invitees”) you undertake to ensure that all Invitees comply with these Terms and acknowledge that you shall remain responsible and liable for the acts or omissions of all Invitees to the same extent as if you had carried out such acts or omissions yourself.

2.2 Subject to the provisions of clause 2.3, all copyright and other intellectual property rights in the Service and material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. Any use of extracts from the Website for any purpose is prohibited.

2.3 All copyright and intellectual property rights in any information uploaded by you or your employees to the Website in connection with the Service shall remain vested in you, your employees or your licensors.

2.4 No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.5 Any rights not expressly granted in these Terms are reserved.

3. SERVICE ACCESS & TECHNICAL SUPPORT

3.1 Whilst the Company endeavors to ensure that the Website and Service is normally available 24 hours a day, the Company shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.

3.2 Access to the Website and the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

3.3 The Company will provide technical support to the current paying subscribers to the Service by email only. Technical support will only be provided for bugs or errors in the Service that are reproducible by the Company. You agree to provide the Company with full and accurate details of all bugs and errors in the Service requested by the Company. You acknowledge that the Company provides no warranty that all or any bugs or errors in the Service will be corrected.

4. ELECTRONIC COMMUNICATION

4.1 You represent and warrant that the owners of the phone numbers you provide to MarketingGenie, to which outbound messages and broadcasts are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts.

4.2 You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through MARKETING GENIE™’s Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association.

4.3 You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the MARKETING GENIE™ services and the MARKETING GENIE™ websites. You agree that MARKETING GENIE™ will not be held liable for any failure of complying with an individual’s request to be placed on the DNC list.

4.4 You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including and without limitation the content of the messages and broadcasts transmitted through the MARKETING GENIE™ Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the MARKETING GENIE™ Services by visiting the following websites:

4.5 The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. MARKETING GENIE™ is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the MARKETING GENIE™ Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

4.6 You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns.

4.7 If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the MARKETING GENIE™ Sites or Services.

4.8 You accept that the Services are provided for professional use only, and you agree that your use of the MARKETING GENIE™ Sites or Services shall not include:

  • Sending unsolicited marketing messages or broadcasts (i.e. spam);
  • Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
  • Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
  • Harvesting, or otherwise collecting information about others, without their consent;
  • Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
  • Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
  • Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
  • Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
  • Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
  • Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
  • Interfering with another’s use and enjoyment of the Services or MARKETING GENIE™ services; or
  • Engaging in any other activity that MARKETING GENIE™ believes could subject it to criminal liability or civil penalty/judgment.

4.9 You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that MARKETING GENIE™ is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and MARKETING GENIE™ will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You will provide your own sound files for all outbound campaigns. MARKETING GENIE™ will not be liable for any misuse of the Services by you. MARKETING GENIE™ is not responsible for the views and opinions contained in any of your messages or broadcasts.

4.10 Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the MARKETING GENIE™ system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by MARKETING GENIE™ and fines may be assessed to recover excess charges from MARKETING GENIE™ VoIP termination companies.

5 CALL RECORDING

5.1 MARKETING GENIE™ offers clients the ability to record incoming telephone calls on virtual telephone numbers. When a calling party initiates a call to a virtual phone number, MARKETING GENIE™ will, at your discretion, create a digital audio recording of the telephone call.

5.2 MARKETING GENIE™ provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that you authorize The Marketing Genie, Inc. to make incoming call recordings available to you via email or via the online CRM.

5.3 FTC guidelines require that all parties of a telephone call be notified prior to any telephone call being recorded. You authorize The Marketing Genie, Inc. to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call OR you agree to make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law.

5.4 You must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by MARKETING GENIE™; and The Marketing Genie, Inc. shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.

6. ACCEPTABLE CONDUCT

6.1 You are prohibited from posting or transmitting to or from the Website and/or the Service any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences, consents and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.2 You may not use the Website or the Service:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm minors in any way; or

(d) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

6.3 The Company shall fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 6.1, 6.2 or7.3.

7. UPLOADING MATERIAL TO OUR SITE

7.1 This site includes forums and other community areas as well as interactive features, which allow our users to upload material to our site and to make contact with other users of our site and to share material and information with other users. If you use these areas or features you must comply with the content standards set out in our acceptable use policy. You agree with us that any contribution you make will comply with those standards, and you agree to indemnify us in respect of (i.e. be entirely responsible for) any claims, costs or losses which may arise from your non-compliance with our acceptable use policy.

7.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

7.3 We have the right to remove any material or posting you make on our site as we see fit at any time in our absolute discretion. This includes (but is not limited to) circumstances where we consider that your material does not comply with the content standards set out in our acceptable use policy.

 

8. REGISTRATION & PAYMENT

8.1 Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. You may provide Invitees with access to your account by inviting them to register as a user of your account. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

8.2 Responsibility for the security of any usernames and passwords issued (including those of any Invitees) rests with you.

8.3 For paying accounts, you agree to provide us with a valid credit card number and authorize us to deduct from such card payment of the current monthly fees. The fees are posted on our website and we may vary these from time to time: please see our Pricing Page for the rates in force for the current month. The credit card must be registered in either your name or that of your organization. Credit card payments are subject to validation and authorization checks of the card issuer.

8.4 For paying accounts the Service is billed monthly in advance on or around the 30th day after your account was created. Payments are non-refundable, and no refunds or credits will be given for any partial use within any month.

8.5 If you sign up for a fee paying account on a 30-day trial and do not cancel that account within 30 days, you will be billed monthly for your ongoing use of the Service on the 1st day after your first 30-day trial period ends. If you cancel your account (by using the ‘Cancellation’ link in ‘Your Account’) within the first 30 days then you will not be charged.

8.6 If you upgrade from a free account to a fee paying account there is no trial period. You will be charged for your first month immediately following any such upgrade.

8.7 Please note that if you downgrade your Service then you may lose content, features or capacity. We do not accept any liability for any loss of data due to a downgrade, as access may be limited.

8.8 All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your use of the Service and shall be the responsibility of, and payable by, you. If your place of business is within the United States of America (USA) any applicable taxes and fees will apply according to the state and federal regulations. If your business is outside of USA, all applicable fees to the laws of the country of business will be observed by your organization. You agree to provide any information necessary for MARKETING GENIE™ to comply with a international law.

8.9 We reserve the right to suspend your Service immediately if you fail to provide us with valid credit card details that enable us to charge the full amount of any outstanding fees and charges within 30 days of the due date. We will provide prior notice of our intention to suspend your Account by email to your registered email address. If no payment is made to clear the full amount of any outstanding fees and charges within 30 days your account and all associated data will be deleted and the agreement between us set out in these Terms shall be automatically terminated.

9. DISCLAIMER

9.1 While the Company endeavors to ensure that the information provided on the Website and the information provided in connection with the Service is correct, the Company does not warrant the accuracy and completeness of such material. The Company reserves the right may make changes to the material on the Website or to the Service, or to the products and prices described on the Website, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

9.2 The material on the Website and the Service is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with access to the Website and the Service on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website or the Service.

9.3 You acknowledge that:

(a) the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service as described on the Website meet your requirements;

(b) it is not possible to test the Service in advance in every possible operating combination and environment; and

(c) it is not possible to produce a Service known to be error free in all circumstances.

10. LIABILITY

10.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website or Services), and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party {including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise} in connection with the Website or Service in any way or in connection with the use, inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or Service or your downloading of any material from the Website, the Service or any websites linked to the Website or Service.

10.2 This legal notice shall exclude or limit the Company’s liability for:

(a) death or personal injury caused by negligence by any party

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

10.3 If your use of material on the Website or the Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.4 Subject to clauses 10.1 and 10.2, the Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which you are obliged to pay the Company in the twelve (12) month period immediately prior to the period giving rise to such Claim.

11. TERMINATION

11.1 The Company may terminate this Agreement immediately by written notice to you if:

(a) you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

(b) a petition for a bankruptcy order to be made against you has been presented to the court; or

(c) you (being a company) becomes insolvent or unable to pay your debts enter into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts

11.2 You may terminate this Agreement at any time by clicking on the ‘Cancellation’ link in ‘Your Account’.

11.3 Upon termination for any reason:

(a) all rights granted to you under these Terms shall cease;

(b) you must cease all activities authorized by these Terms;

(c) you must immediately pay to the Company any sums due to the Company under these Terms;

(d) you will not be entitled to any refund or credit in respect of any fee paid by you in advance for any cancelled Service; and

(e) the Company may immediately and without further notice delete or remove any content, data or other information submitted by you or your Invitees to the Service.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 These Terms are binding on you and us, and on our respective successors and assignees.

12.2 You may not transfer, assign, charge or otherwise dispose of these Terms or any of your rights or obligations arising hereunder, without our prior written consent.

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising hereunder, at any time.

13. NOTICES

13.1 All notices given by you to us must be sent to us via mail or via the support portal. We may give notice to you at either the e-mail or postal address you provided to us when registering. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Mail

The Marketing Genie, Inc.
946 W. Patapsco Ave
Baltimore, Maryland 21230

Support Portal

https://marketinggenie.net/support

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of public or private telecommunications networks;

(e) the acts, decrees, legislation, regulations or restrictions of any government.

14.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

15. WAIVER

15.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these Terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16. SEVERABILITY

16.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. ENTIRE AGREEMENT

17.1 These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Website and the provision of the Services and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2 We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.

17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

18. GOVERNING LAW AND JURISDICTION

18.1This Agreement shall be governed by and construed in accordance with Maryland State law and any applicable Federal laws. By accepting these terms and using The Marketing Genie, Inc. services, you consent to exclusive personal jurisdiction and venue in and before the Superior Court of the State of Maryland. The parties agree that any and all discovery, including but not limited to the taking of depositions and document production, shall take place in Baltimore, Maryland.