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Terms and Conditions

TERMS OF SERVICE

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OVERVIEW

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Generation Digital Corp (the “Website”). 

This website is operated by Generation Digital Corp. Throughout the site, the terms “we”, “us” and “our” refer to Generation Digital Corp. Generation Digital Corp offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something through our website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service 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.

Any new features or tools which are added to the current store 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.

By accessing this website, you agree to be bound by these Terms and Conditions, which also includes our Privacy Policy, and also agree that you are responsible for compliance with any national or local laws relevant to its use. If you do not agree with any of these Terms and Conditions, you may not use nor access this website. 

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions. 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We assume no responsibility or liability for any misrepresentation of your age. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (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 agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved. 

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you. 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the store Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

If you wish to change your order, please contact us on www.gendigital.me or email connect@gendigital.me . We’ll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and in relation to card messages) that are requested within 24 hours of order being placed if delivery is not due the following day. At peak times we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days notice for any changes to be made.

RECURRING BILLING Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing an installment payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.

Our products are offered subject to availability. If for any reason we cannot supply you with any part of your order we will contact you via email and/or through your User Profile at www.gendigital.me . We may need to cancel or refund the item from your order, in which case the funds will be paid directly back to your card. Payments will be refunded to the card used to purchase the goods.

Through the Sites, Gendigital.me provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Gendigital.me additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of TRANSACTION AGREEMENT. However, for any Services or Products, Generation Digital Corp does not represent either the seller or the buyer in specific transactions, Generation Digital Corp does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

The fees we charge for using our Services is a 9% fee on transaction. We may change our seller fees from time to time by posting the changes on the gendigital.me site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Generation Digital Corp. Services, even if sales terms are finalized or payment is made outside of Generation Digital Corp. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Generation Digital Corp, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of Generation Digital Corp Service for the introduction to a buyer.

You must have a payment method on file when selling through Generation Digital Corp Services and pay all fees and applicable taxes associated with our services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel. In addition, you will be subject to late fees. 

Generation Digital Corp, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information  Generation Digital Corp reported to a credit bureau (ie. Experian, Equifax or TransUnion) please contact us at connect@gendigital.me . If you wish to dispute the information a collection agency reported to a credit bureau regarding your Generation Digital account, you must contact the collection agency directly.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for. 

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. 

If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. 

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss. 

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law. 

Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services. 

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. For goods or services sold by others, we assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that claim directly with the manufacturer or seller and not with us. You agree to release us from any claims related to goods or services manufactured or sold by third parties, including any and all warranties or product liability claims. 

You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. 

For any questions, concerns, or disputes, you agree to contact us in a timely manner at connect@gendigital.me

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate. 

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others. 

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers. 

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address. 

If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted. 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us. 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

If your use of the Website requires an account identifying you as a user of the Website (an “Account”): 

  1. you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
  2. you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
  3. you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

The Generation Digital Corp services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Generation Digital Corp Services are provided by Generation Digital Corp on an “as is” and “as available” basis, unless otherwise specified in writing. Generation Digital Corp makes no representations or warranties of any kind, express or implied, as to the operation of Generation Digital Corps Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Generation Digital Corp services, unless otherwise specified in writing. You expressly agree that your use of the Generation Digital Services is at your sole risk.

To the full extent permissible by law, Generation Digital Corp disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Generation Digital Corp does not warrant that the Generation Digital Corp services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Generation Digital Corp services. Generation Digital Corp’s servers or electronic communications sent from Generation Digital Corp are free of viruses or other harmful components. To the full extent permissible by law, Generation Digital Corp will not be liable for any damages of any kind arising from the use of any Generation Digital Corp service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to your through any Generation Digital Corp service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You may not undertake any of the following actions: 

  1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
  2. b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

In connection with using or accessing the Services you will not:

  • Post, list or upload content or items in inappropriate categories or areas on our sites;
  • Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • Use our services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • Fail to pay for items purchased by you, unless you have a valid reason as set out in our policy, for example, the seller has materially changed the item’s description after your purchase, a clear typographical error is made, or you cannot contact the seller.
  • Fail to deliver items and services sold by you, unless you have a valid reason as set out in our policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • Manipulate the price of any item or interfere with any other user’s listings;
  • Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • Take any action that may undermine the feedback or ratings systems
  • Transfer your account and user ID to another party without our consent;

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Generation Digital Corp, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Generation Digital Corp. 

You further agree not to use and/or access the Website: 

  1. a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. b) To violate any intellectual property rights of us or any third party;
  3. c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. d) To perpetrate any fraud;
  5. e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. f) To publish or distribute any obscene or defamatory material;
  7. g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
  8. h) To unlawfully gather information about others.

The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Generation Digital Corp. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk. 

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime. 

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an ‘as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss. 

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Generation Digital Corp arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Generation Digital Corp in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. 

Generation Digital Corp is not a party to the dealings between Client and Freelancer, including posts, proposals, screening, selection, contracting, and performance of Freelancer Services. Generation Digital Corp does not introduce Freelancers to Clients or help Freelancers find ENgagements. Generation Digital Corp merely makes the Site Services available to enable Freelancers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Freelancers for themselves. Generation Digital Corp does not, in any way, supervise, direct, or control Freelancer or Freelancer’s work. Generation Digital Corp does not set Freelancer’s work hours, work schedules, or location of work, nor is Generation Digital Corp involved in determining if the Freelancer Fees will be set at an hourly or fixed rate for a Service Contract. Generation Digital Corp does not provide the premises at which the Freelancer will perform the work. Generation Digital Corp makes no representations about, and does not guarantee the quality, safety, or legality of, the Freelancer Services; the truth or accuracy of Freelancer’s listings on the Site; the qualifications, background, or identities of Users; the ability of Freelancers to deliver the Freelancer Services;; the ability of clients to pay for the Freelancer Services, or that a Client or Freelancer can or will actually complete a transaction.

Generation Digital does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Freelancer, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Freelancer’s performance, and Client’s acceptance or Freelancer Services.

Generation Digital Corp is not required to and may not verify any feedback or information given to us by Freelancers or Clients, nor does Generation Digital Corp perform background checks on Freelancers or Clients.

We respond to notices of alleged copyright infringement to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. 

If you believe that your intellectual property rights have been infringed, please notify us at email connect@gendigital.me 

So that we can properly investigate please attach the following information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyright work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SECTION 13 – AFFILIATE AGREEMENT

Generation Digital Corp may offer you an opportunity to become an independent Generation Digital Corp Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Generation Digital Corp products, services and accounts that you sell. Generation Digital Corp reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts.  Affiliate commission is further discussed herein.   

This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Generation Digital Corp’ Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms. 

All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement.  Generation Digital Corp and You are each referred to herein as a “Party,” and collectively as the “Parties.

You agree to provide all information requested by Generation Digital Corp in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate.  You understand and agree that Generation Digital Corp retains sole and exclusive discretion to determine whether You qualify for participation in Generation Digital Corp’ Affiliate program. Not everyone who applies for Generation Digital Corp’ Affiliate program will qualify to participate.  

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages.  This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.

If Your application to become an Affiliate is approved by Generation Digital Corp, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise Generation Digital Corp.  You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.

In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products and services sold that do not have trial periods.

Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Generation Digital Corp in a month (“Commission”).  Except as otherwise provided herein, Commission payments will be paid on the 1st and 15th of each month following Generation Digital Corp’ receipt of payment for a Sold Account, subject to the other terms of this Agreement.  In the event the 1st or 15th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday.  All Commission payments are based on the amount of fees received by Generation Digital Corp, less sales taxes.

The amount of Commissions are as follows:

  1. Transaction Commission: 3% to affiliate and 3% to referring affiliate.
  2. Store Bonus Commission: Each network store may offer bonus commissions to registered affiliates, ie. 30% commission on Generation Digital Business Growth Services ( https://gendigital.me/store/business-growth-services/)

All Commissions are paid in Canadian (CDN) or otherwise in currencies offered by the payment provider.  Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commission must equal or exceed fifty and 00/100 Dollars ($50.00) (CDN) before You receive a payment from Generation Digital Corp.  

Once a Commission of $50 (CDN) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You.  Before You can be paid any CommissioYou must provide Generation Digital Corp any supporting documentation requested by Generation Digital Corp or its third-party payment provider. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

Affiliates are not permitted to open a Generation Digital Corp account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions, Legacy Bonuses or any other compensation.  

Commissions are paid only for transactions in which payment is received by Generation Digital Corp.  If payment for a Sold Account or a Legacy Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account or Legacy Account payment, then the Commission or Legacy Bonus will be deducted from Your future Commissions.  

If Generation Digital Corp determines, in its sole and exclusive discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission or Legacy Bonus will be paid for such Sale or Legacy Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Legacy Bonuses, and Generation Digital Corp may terminate this Agreement immediately without Generation Digital Corp having any liability to You.

In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws.  If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Generation Digital Corp of the same within 24 hours. Generation Digital Corp, in its sole and exclusive discretion, may immediately terminate Your participation in Generation Digital Corp’ Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.  

  1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the  FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by Generation Digital Corp that are inconsistent with, or beyond the scope of marketing materials produced and made available by Generation Digital Corp on Generation Digital Corp website, www.gendigital.me
  2. Disclosure.  On any website that Affiliate advertises any Generation Digital Corp service or product, Affiliate must plainly display (i.e., not in a link, or in small font)  disclaimer language, such as:
    Disclosure: I am an independent Generation Digital Corp Affiliate, not an employee.  I receive referral payments from Generation Digital Corp. The opinions expressed here are my own and are not official statements of Generation Digital Corp.
  3. Non-Disparagement.  Affiliate is not permitted to comment negatively about or disparage the products or services of Generation Digital Corp or any other person or entity, including without limitation the products or services of a Generation Digital Corp competitor.  Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Generation Digital Corp, any brand name of Generation Digital Corp, or based on the trademarks or brand name of any competitor of Generation Digital Corp, or any other third party.  Affiliate shall not direct link to a Generation Digital Corp’ sales page from any paid advertising.
  4. Social Media.  If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media.  Affiliate must also comply with all rules of each social media platform that Affiliate uses.
  5. Income and Business Opportunity Claims.  Affiliates are expressly prohibited from making any claims that use of Generation Digital Corp will guarantee that the user will make money.  If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Generation Digital Corp or as an Affiliate, the following guidelines must be adhered to:

(a)  Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and 

(b)   Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement:  “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors.  There is no guarantee You will make any money.”

 Generation Digital Corp retains exclusive ownership of all Generation Digital Corp’ Trademarks and other intellectual property and all of its rights therein.  Affiliate shall not promote or provide services to any other business or person that is infringing any of Generation Digital Corp’ intellectual property.

 Complaint Notification.  Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to connect@gendigital.me

 Independent Contractor.  Affiliates are independent contractors of Generation Digital Corp.  It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Generation Digital Corp and You by virtue of this Agreement.  You have no right to act on behalf of or bind Generation Digital Corp in any way, nor share in the profits or losses of Generation Digital Corp. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Generation Digital Corp and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You defend and indemnify Generation Digital Corp and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so. 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website. 

You may be given the option to create an account to assist regular use of the Website and the purchase of Products (Account) which will conntain certain personal and payment information. By continuing to use this Website you represent and warrant that: (i) all information you submit payment information; and truthful; (ii) you have permission (if required) to submit payment information; and (iii) you will keep this information accurate and up-to-date. We may reject, accept, suspend or terminate your Account in our absolute discretion (with or without giving reasons).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

This agreement, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of law provisions and exuding the United Nations Convention on Contracts for the International Sale of Goods (CISG); provided.

Agreement to Arbitrate

You and Generation Digital Corp each agree that any and all disputes or claims that have arisen, or may arise, between you and Generation Digital Corp (including any disputes or claims between you and a third party agent of Generation Digital Corp) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the services, the actions of Generation Digital Corp or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at connect@gendigital.me.

 

©2020 Generation Digital Corp.

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