Geneius Terms of Use

Welcome to the terms and conditions ("Terms") for Geneius and Geneius Membership. These Terms are between you and Silverberry Genomix Co. and/or its affiliates ("silverberrygenomix.com", “genei.us”, "Geneius", "Silverberry" or "Us") and govern our respective rights and obligations. Please note that your use of the Silverberrygenomix.com website and Geneius membership are also governed by the agreements on Silverberry Genomix website, as well as all other applicable terms, conditions, limitations, and requirements on the genei.us website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Geneius membership, you accept these terms, conditions, limitations and requirements.

Membership Cancellation

If you signed-up for your Geneius membership directly through us, you may cancel your Geneius membership any time by sending an email to calcenl@genei.us. If you signed up for your Geneius membership through a third party, you may need to contact the third party to cancel your membership or receive any refund under its applicable policies. Geneius memberships either purchased directly or redeemed through a Geneius gift code or promotional code are not refundable.

Other Benefits and Supplemental Memberships

Click here for information about additional Geneius benefits.

Other Limitations

  • We reserve the right to accept or refuse membership in our discretion.
  • We may send you email and other communications related to Geneius and your Geneius membership (regardless of any settings or preferences related to your Silverberry account).
  • You may not transfer or assign your Geneius membership or any Geneius benefits, including promotion codes for Geneius memberships or benefits, except as allowed in these terms.
  • Geneius members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Geneius benefits.
  • Some Geneius benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them.
  • From time to time, Silverberry may choose in its sole discretion to add or remove Geneius membership benefits.

Fees and Renewal

The membership fee for Geneius is stated in the Geneius section or our Help pages. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Geneius membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Geneius.

If you sign up for your Geneius membership through us and are billed by us, then the billing terms described below will apply to your membership.

If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR GENEIUS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

If you signed up for your Geneius membership through a third party and are not billed directly by us, then the billing terms provided by the third party will apply to your membership.

Promotional Trial Memberships

We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.

Agreement Changes

We may in our discretion change these Terms, Silverberrygenomix.com's Conditions of Use and Privacy Policy, or any aspect of Geneius membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by Us

We may terminate your Geneius membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Geneius membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SILVERBERRYGENOMIX.COM'S TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR GENEIUS MEMBERSHIP.

Disputes

Any dispute or claim relating in any way to these Terms or your use of Geneius, or to any products or services sold or distributed by Silverberry or through Silverberrygenomix.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our office address, 44 Tehama St. San Francisco, CA 94105 The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Silverberry will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.