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TERMS OF SERVICE

These Terms of Service were last revised on April 9, 2025.

Janek Performance Group, Inc., a Nevada corporation ("Janek" "us" or "we") provides the Jenius CC platform, the jenius.janek.com site, and related goods and services, including the AI training platform, online software, and other services (collectively, the "Jenius Service") subject to your compliance with the terms and conditions set forth below. Your use of the Jenius Service signifies your acknowledgement of and agreement to these Terms of Service.

These Terms of Service apply to all users of the Jenius Service ("users" or "you"). The term "users" includes both registered members of the Jenius Service and any other person that accesses or uses the Jenius Service at any point for any amount of time.

  1. ACCESS TO THE JENIUS SERVICE

    1. Access and Use. Subject to the terms and conditions of these Terms of Service, Janek hereby grants you a non-exclusive, non-sublicensable, non-transferable, license to access and use the Jenius Service, solely as set out in these Terms of Service and solely for your internal business purposes.

    2. Scope of Subscription Services. You are responsible for your use of the Jenius Service. The Jenius Service is an educational aid and not intended as any substitute for your company's polices and procedures regarding marketing and customer communications. The entire risk as to the quality and performance of using information from the Jenius Service to assist with marketing, customer acquisitions, and business decisions is with you. Janek makes no guaranty or warranty as to results to be attained by using the educational information provided.

    3. License to Training Materials. Janek grants to you a limited, nonexclusive, nontransferable license to use the AI training platforms, sales programs, training, books, digital training materials, handouts, tools, models, and other materials delivered as part of Jenius Service, and all derivative works thereof (collectively "Janek Training Materials") under the following terms ("License"):

      1. Your License, including access to the Janek Training Materials, is limited to use by you when you are currently assigned an access seat from an active and paid subscription to the Jenius Service platform ("Licensed Employee"). You may not provide the Janek Training Materials to any person who is not currently a Licensed Employee. You shall only permit the Janek Training Materials to be used in connection with the sales and sales management functions of your employer's own business. This License and access to the Janek Training Materials and all rights to use or possess the Janek Training Materials shall automatically terminate when you are no longer a Licensed Employee.

      2. You understand that the Janek Training Materials are the sole and exclusive property of Janek and constitute confidential and/or proprietary information of Janek. You shall hold the Janek Training Materials in strict confidence and shall use at least the same degree of care in protecting the Janek Training Materials that your employer uses to protect its own confidential information, but in no event less than reasonable care. You shall not disclose to any third-party or otherwise permit any third-party access to the Janek Training Materials without the express written consent of Janek.

      3. You understand and agree that this License is conditioned at all times upon (a) payment in full to Janek all sums due for your subscription to the Jenius Service and (b) you not being in breach of this License or these Terms of Service.

      4. You agree not to copy, scan, photograph, screenshot, create electronic copies, distribute, reproduce, or misappropriate any of the Janek Training Materials in whole or in part. You shall not record or permit the recording of any training program or engagement related to the Janek Training Materials.

      5. You understand and agree that in the event of a violation of this License, Janek is entitled to: (a) Terminate the License; (b) revoke access to the Jenius Service; (c) Repossess of all Janek Training Materials and any copies within your possession, custody, or control; and (d) obtain injunctive relief to cease ongoing violations and to prevent subsequent violations. You further agree to hold Janek free and harmless for any losses you incur as a result of Janek's termination of this License or loss of access to the Jenius Service.

      6. Upon the termination of this License, such as when you are no longer a Licensed Employee, your right and License to use Janek Training Materials and any other rights granted to you related to Janek Training Materials shall cease. Upon the termination of the License, you further agree to (a) purge all copies of any Janek Training Materials or any portion thereof from your systems, computer storage media or any other location on or in which you have placed such materials; (b) at Janek's request, return or destroy all copies of the Janek Training Materials; and (c) deliver to Janek a written certification that you have complied with this Section. The foregoing rights and remedies shall be cumulative and in addition to all other rights and remedies available at law and in equity.

    4. Ownership Rights of Janek Training Materials. Janek retains all right, title and interest in the Janek Training Materials and all derivative works thereof and in all patents, copyrights, trademarks, trade secrets, and other intellectual property rights in or relating to the Janek Training Materials and all derivative works thereof. All copyright, trademark, and other proprietary notices incorporated in or fixed to any Janek Training Materials shall not be altered, removed or obscured. You will not attempt to register any patents, copyrights, service marks, trademarks, trade names or trade dress of any Janek trademarks, servicemarks, tradenames, trade dress, patents, copyrights or any portion of the Janek Training Materials. To the extent you acquire any right, title, or interest in the Janek Training Materials or any derivative works, you hereby assign all of your right, title, and interest to Janek.

    5. Ownership of Jenius Service. Janek shall own and retain all right, title, and interest in and to (i) the Jenius Service and all improvements, enhancements, or modifications thereto, (ii) any software, applications, inventions, or other technology developed in connection with the Jenius Service, and (iii) all intellectual property and proprietary rights in and related to any of the foregoing. To the extent you acquire any right, title, or interest in any of the foregoing, you hereby assign all of your right, title, and interest to Janek.

    6. Service Disruptions. Janek makes no guarantee as to the availability of its software or services and does not guarantee that its website or its software will be accessible at all times. Service outages or the inability to access the Jenius Service site may occur for many reasons. You acknowledge and agree that Janek shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any service interruptions or outages, including if an outage occurs.

    7. Third-Party Services. The Jenius Service relies on third-party platforms, servers, and services, including hosting, internet, and telecommunications services. These services may not be available everywhere, or at all times. In addition, the Jenius Service may be displayed on internet browser software, computers, or mobile devices, which may apply updates to their software which cause the Jenius Service to "break" or lose functionality. You agree that Janek shall not be liable to you or your business for any loss of functionality to the Jenius Service caused in whole, or in part, by any third-party's actions or inactions. You further excuse any non-performance by Janek and agree that Janek shall not be liability for any damages to you or your business caused in whole or in part by an act or omission of a third-party, or by any equipment failure, software error, update to a third-party platform, facility failure, or other causes beyond Janek's control.

    8. Changes to Jenius Service. Janek may, in its sole discretion, make any changes to the Jenius Service that it deems necessary or useful, including to maintain or enhance its products or services, to achieve cost efficiency or performance, or to comply with applicable laws. Janek may modify, suspend, discontinue, or restrict the use of any portion of the Jenius Service, without notice or liability. The Jenius Service may deny access to you at any time for any reason, or no reason in Janek's sole discretion. You agree that Janek shall not be liable to you, your business, or to any third party for any lack of access, modification, suspension, or discontinuance of any service.

    9. Restrictions on Export. You may not remove or export from the United States or allow the export or re- export of anything related to a Jenius Service, or any direct product thereof in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.

    10. DFARS. The Jenius Service and any documentation provided by Janek are deemed to be "commercial computer software" and "commercial computer software documentation" pursuant to Defense Federal Acquisition Regulation Supplement, codified under Chapter 2 of Title 48, United States Code of Federal Regulations, Section 227.7202, and Federal Acquisition Regulation, codified in Title 48 of the United States Code of Federal Regulations, Section 12.12. Any use, modification, reproduction, release, performance, display, or disclosure of the Software or documentation by the United States Government is governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.

    11. Statistical Information. Janek owns the aggregated and statistical data derived from the operation of the Jenius Service, including, without limitation, the number of records in the Jenius Service, the number and types of transactions, configurations, and reports displayed and processed in the Jenius Service and the performance results for the Jenius Service (the "Statistical Information"). Nothing in this Agreement shall be construed as prohibiting Janek from utilizing the Statistical Information for purposes of providing or improving the Jenius Service, benchmarking the Jenius Service, preparing statistics and system metrics, or using the Statistical Information for advertising, marketing, and branding purposes.

    12. Consent to Electronic Service. When you use the Jenius Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Jenius Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  2. CUSTOMER DATA

    1. Customer Data. The Jenius Service may allow for the entering or importation of data supplied by you or your employer ("Customer Data"). If Customer Data is entered or uploaded to the Jenius Service, you represent and warrant that:

      1. You have the right to upload and use the Customer Data on the Jenius Service as contemplated by these Terms of Service, and have obtain all necessary consents and licenses to do so. If your employer has rights to Customer Data you submit, you have received permission from your employer to submit the material.

      2. Uploading and using the Customer Data on the Jenius Service does not and will not violate any right of any third-party, including intellectual property right, trade secret, confidentiality, or right of privacy.

      3. Uploading and using the Customer Data on the Jenius Service does not and will not violate, breach, or conflict with any contract or license with you, your business, or any third-party.

      4. You will not submit any Customer Data that is false, deceptive, misleading, or deceitful.

      5. You will not submit any Customer Data that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually- oriented, profane or is otherwise in violation of any applicable law, rule, or regulation.

      6. You will not submit any Customer Data that is intended to promote or commit an illegal act.

    2. Compliance with HIPPA. If Customer Data includes any data protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you are solely responsible for compliance with all HIPAA rules and regulations.

    3. Ownership of Customer Data. As between you and Janek, you or your employer own the Customer Data. You and your employer grant Janek a worldwide, limited license to host, copy, backup, store, record, transmit, display, view or otherwise use Customer Data, as reasonably necessary for Janek to provide the services in accordance with these Terms of Service. Subject to the limited licenses granted in these Terms of Service to Janek, Janek acquires no right, title, or interest from you or your employer in or to any Customer Data.

  3. ACCOUNTS

    1. Account Creation. In order to access the Jenius Service, you or your employer will have to create an account for you. You may never use another's account. When creating or using your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Jenius Service, you are required to update that information immediately.

    2. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Janek immediately of any breach of security or unauthorized use of your account. Although Janek will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Janek or others due to such unauthorized use.

    3. Prohibited Activity. You may use the Jenius Service only for lawful purposes and in accordance with these Terms of Service. You agree not to:

      1. Use the Jenius Service in any way that violates any applicable federal, state, local, and international law, or regulation.

      2. Submit, publish, or transmit through the Jenius Service any content that violates the rights of any third-party or that is libelous, obscene, invasive of privacy, illegal, racially, or ethnically discriminatory.

      3. Use the Jenius Service in any manner that could disable, overburden, damage, or impair the Jenius Service or interfere with any other party's use of the Jenius Service or otherwise use any device, software, or routine that interferes with the proper working of the Jenius Service.

      4. Use or launch any automated system, including without limitation, "scrapers," "robots," "spiders," and "offline readers" that access the Jenius Service.

      5. Collect or harvest any personally identifiable information, including account names, from the Jenius Service, nor to use the communication systems provided by the Jenius Service for any commercial solicitation or illegal or improper purposes.

      6. Use any manual process to monitor or copy any of the content on the Jenius Service or for any other unauthorized purpose without our prior written consent.

      7. Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.

      8. Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the Jenius Service, the server on which the Jenius Service is stored, or any server, computer or database connected to the Jenius Service.

      9. Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Jenius Service.

      We reserve the right to pursue any action with respect to any violation or attempted violation of these Terms of Service which we believe is appropriate in our sole discretion.

    4. Termination of Account. You agree that Janek, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Jenius Service (or any part thereof), immediately and without notice, and remove and discard any Customer Data within the Jenius Service, for any reason, including, without limitation, if Janek believes that you have acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that Janek shall not be liable to you, your employer, or any third-party for any termination of your access to the Jenius Service. Further, you agree not to attempt to use the Jenius Service after said termination.

  4. WARRANTY DISCLAIMER

    1. THE JENIUS SERVICE, INCLUDING ANY JANEK TRAINING MATERIALS OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JANEK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

    2. JANEK MAKES NO WARRANTY THAT: (I) THE JENIUS SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE JENIUS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JENIUS SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE JENIUS SERVICE WILL BE CORRECTED.

    3. JANEK IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND JANEK WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.

    4. JANEK, AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE JENIUS SERVICE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE JENIUS SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE JENIUS SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE JENIUS SERVICE AND/OR THOSE SERVICES.

    5. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.

  5. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT JANEK IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, JANEK IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JANEK, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JANEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

  6. UNSOLICITED MATERIAL AND IDEAS

    1. We are happy to hear from users and welcome feedback regarding the Jenius Service. However, if you transmit unsolicited submissions to us through the Jenius Service or otherwise, you grant Janek a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Janek sees fit.

    2. By using the Jenius Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Jenius Service, Janek and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.

  7. INDEMNITY

    1. You agree to defend, indemnify and hold harmless Janek, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

      1. your use of and access to the Jenius Service;

      2. your participation in any interactive area of the Jenius Service including the AI platform;

      3. your violation of any term of these Terms of Service;

      4. your violation of any third party right, including without limitation any copyright, property, or privacy right;

      5. your violation of any law, rule or regulation of the United States, any state, or any other country;

      6. any claim that Customer Data caused damage to another party; and

      7. any other party's access and use of the Jenius Service with your account.

    2. This defense and indemnification obligation will survive these Terms of Service and any termination of your use of the Jenius Service.

  8. DIGITAL MILLENNIUM COPYRIGHT ACT

    1. Infringement Not Permitted. Janek does not permit copyright infringing activities and infringement of intellectual property rights on the Jenius Service and will remove any content if properly notified that such content infringes on another's intellectual property rights. Janek reserves the right to remove any content without prior notice.

    2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Janek's designated Copyright Agent to receive notifications of claimed infringement is:

      Janek Performance Group, Inc.
      Attn: Copyright Agent
      1887 Whitney Mesa Dr, Suite 3075
      Henderson, NV 89014
      info@janek.com

      You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

    3. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:

      1. Your physical or electronic signature;

      2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

      3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the Jenius Service may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Jenius Service's sole discretion.

  9. PRIVACY POLICY

    1. Janek has established a privacy policy to explain to users how personal information is collected and used, which may be reviewed and accessed from the Jenius Service.

    2. Your use of the Jenius Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Janek may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Service, or respond to claims from third-parties.

  10. INTERNATIONAL USERS

    The Jenius Service is hosted and operated by the Janek in the United States, pursuant to the applicable laws of the United States and the State of Nevada. We make no representation whatsoever that the Site (or the Content available thereon) is appropriate or available for use in locations outside of the United States (each, an "Other Jurisdiction"). Users located or otherwise accessing the Jenius Service from outside of the United States (each, a "Non-U.S. User") do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of Nevada with respect to these Terms of Service; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to these Terms of Service; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the Jenius Service.

  11. GOVERNING LAW / DISPUTES

    1. Nevada Situs. The Jenius Service is hosted and operated by Janek in the United States, pursuant to the applicable laws of the United States and the State of Nevada. You agree that the Jenius Service shall be deemed solely based in the State of Nevada and that the Jenius Service shall be deemed a passive website that does not give rise to personal jurisdiction over Janek, either specific or general, in jurisdictions other than Nevada.

    2. Governing Law / Jurisdiction. These Terms of Service and the Privacy Policy will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

    3. Statute of Limitations. You agree to file any claim regarding any aspect of the Jenius Service or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

    4. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND JANEK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  12. ASSIGNMENT / MODIFICATION / MISCELLANEOUS

    1. Entire Agreement. These Terms of Service and the Privacy Policy constitute a single integrated contract expressing the entire agreement between you and Janek with respect to the subject matter hereof and supersedes all prior understandings, negotiations, or agreements, written or oral, express or implied.

    2. Severability. If any provision of these Terms of Service or the Privacy Policy is declared by a court of competent jurisdiction or in an arbitration between you and Janek to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid or unenforceable provision shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.

    3. Waiver. No waiver or failure to exercise or enforce any right or provision of these Terms of Service or Privacy Policy shall be deemed a further or continuing waiver of such right or provision or a waiver of any other right or provision.

    4. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Janek may assign these Terms of Service, and any rights and license granted hereunder without restriction.

    5. Modification. We reserve the right to amend these Terms of Service at any time. If we do this, we will post the amended Terms of Service on the Jenius Service and indicate the date the Terms of Service were last revised. The most current version of these Terms of Service will supersede all previous versions. Your continued use of the Jenius Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Jenius Service.

  13. ABILITY TO ACCEPT TERMS OF SERVICE

    You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Service. The Jenius Service is not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.

  14. CONSENT

    By using the Jenius Service in any way, you agree to comply with these Terms of Service. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Jenius Service in any way, your only recourse is to immediately discontinue your use of the Jenius Service.

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