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Privacy Policy

Privacy Policy

PRIVACY POLICY

 

Privacy Policy

Updated: May 31, 2022.

GeniusX makes virtual, mixed, & augmented reality (“XR”) software products and operates an application via XR platforms where users can download, interact with, and submit content and obtain services related to or in connection with our XR products (collectively, the “Retreat Platform”). The Retreat Platform includes our websites, mobile apps, games, platform, content and services.

 

The Retreat Platform is for informational purposes only and does not promote, recommend, nor condone the any activity in violation of applicable laws. This Privacy Policy describes the information collection, use, and disclosure practices of the Retreat Platform.

Information Collection

When you visit the Retreat Platform, we may collect certain personal information you knowingly choose to disclose to us, such as your name and email address (“Personal Information”). Personal Information includes any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person. Personal Information does not include data that has been aggregated or made anonymous such that you can no longer be identified using means reasonably available to us. We may receive Personal Information when you register with the Retreat Platform or send a message on the Retreat Platform.

Your personally identifiable information, including your email, will not automatically be added to our mailing list unless you opt-in for communication from GeniusX.

We collect the following;

  • Email address
  • Username
  • Password
  • IAP purchase records made through Meta
  • Any text typed or spoken for use in an active course
  • Oculus/Facebook account date (id, username, user profile pic, etc.)
  • IP address
  • Mic input to facilitate voice chat & speech recognition
  • Wit.ai integration, which may collect additional data
  • Braincloud integration, which may collect additional data
  • Oculus may collect additional data

 

The Retreat Platform may also passively collect non-personal information that is automatically sent to us by your web browser or device, including but not limited to your domain name such as:

  • Log data. When you use the Retreat Platform, our servers record information (“log data”), including information that your browser or device automatically sends whenever you visit a website or XR device. This log data includes the name of your request, the date and time of your request and information about an error if one occurs.
  • Local data. We also use “Local Data” (Local Data is a set of data saved on your device). We use Local Data to save your account creation progress, settings, and keep you logged in.

We may also collect aggregated information as you visit the Retreat Platform.

Contact Form

You may submit inquiries or contact us through the contact form on the Retreat Platform. By filling in the contact form with your Personal Information, you authorize us to use these details to reply to your requests for information or other inquiries. Your message may be stored for archival purposes but we do not share this information with any third parties.

Information Use

We’re committed to making your experience with the Retreat Platform better. To do that, we use your information to provide and improve your experience, including:

  • Identify you when you interact with or engage with the Retreat Platform;
  • Log you in and create a relevant and persistent experience in the Retreat Platform;
  • Helping you recover your account if you ever loose your password;
  • Redeeming your credits or game keys;
  • Analyze overall usage trends of our users to better focus our development to enhance your experience.

We have a legitimate interest for using your info in these ways. It’s fundamental to what we do at Retreat and necessary in order to make the Retreat Platform relevant and personalized to you. We may use the information we collect from your browser or device to:

  • Operate the Retreat Platform and customize your experience;
  • Identify or remedy potential threats to the Retreat Platform’s security or misuse of the Retreat Platform;
  • Conduct research about your use of the Retreat Platform and our services;
  • For any other purpose stated at the time of collection;
  • Enforce our Terms and Conditions.

Cookies

This Retreat Platform is cookie-enabled to give you a more customized user experience. A cookie is a small piece of information that a website can store on a computer and later use to recognize a user. A purpose of cookies is to enhance your ability to receive the information you want. We use two types of cookies to enhance the experience of users: session cookies and persistent cookies. A session cookie expires when a user closes the browser in which this website was viewed. A persistent cookie expires on a pre-determined date. Users can personalize their browser settings to reject cookies, although certain features of the Retreat Platform may not function as intended.

Web Beacons/Pixel Tags

Web beacons or pixel tags and similar technologies are small bits of code, which are embedded in web pages, ads, and e-mail, that communicate with third parties. Pixel tags can collect information such as the Internet Protocol (“IP”) address of the computer that downloaded the page on which the web beacon appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server. We may use web beacons, for example, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Other Technologies

There are other local storage and Internet technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage that operate similarly to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences across different services and sessions.

Please note that these technologies are distinct from cookies, and you may not be able to control them using standard browser tools and settings. For information about disabling or deleting information contained in Flash cookies, you may visit Adobe’s website.

This Privacy Policy Applies to United States Customers

The Retreat Platform is hosted in the United States. This Privacy Policy is intended to comply with privacy laws in the United States and may not comply with all privacy laws in foreign countries.  If you are a non-US user of the Retreat Platform by using the Retreat Platform and providing us with data, you acknowledge, agree and provide your consent that your personal information may be processed in the United States for the purposes identified in this Privacy Policy. In addition, such data may be stored on servers located outside your resident jurisdiction, which may have less stringent privacy practices than your own. By using the Retreat Platform and providing us with your data, you consent to the transfer of such data and any less stringent privacy practices.

 

Use of the Retreat Platform by Minors

The Retreat Platform is not intended for use by minors (under the age of 18). Parents and guardians should monitor the use of the Retreat Platform by minors. Children under age 13 should not use the Retreat Platform at all. If a child under age 13 submits information through any part of the Retreat Platform, and we become aware that the person submitting the information is under age 13, we will attempt to delete the information as soon as reasonably possible. You must be at least 18 years old to download and/or use the Retreat Platform, or if you are not at least 18, you must be at least 13 years old and may download and/or use the Retreat Platform only in conjunction with, and under the supervision of, your parent or guardian. You acknowledge that your parent or guardian has agreed to the terms of this Agreement.

If you are based in the EEA you may only use the Retreat Platform if you are over the age at which you can provide consent to data processing under the laws of your country.

 

Transferring your information

The Retreat Platform is a worldwide service. By using our products or services, you authorize us to transfer and store your information outside your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your personal information in such countries may not be equivalent to those of your home country.

 

Choices you have about your info

Our goal is to give you simple and meaningful choices regarding your information. You may close your account at any time by submitting an email to help@geniusx.com. We will process your request in a reasonable time period. You will receive a confirmation once the email is received. When you close your account, we’ll deactivate it, remove your Retreat Platform account which includes your credits from the Retreat Platform and delete your account data. Please note that there may be legal reasons for us to keep your data, such as if we receive a law enforcement request asking us to preserve data. We may also retain certain information in our backup systems for a limited period of time, or as required by law.

 

How and when we share information

Anyone can see your online avatar and any information you publicly share. We also share your information with:

  • Meta IAP and the Retreat App. We share information about your rewards, connections and credits with the Retreat app which uses intermediary services and databases to provide you with a personalized and relevant experience.
  • Law enforcement agencies or government agencies. We only share information if we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person; to detect, prevent, or otherwise address fraud, security or technical issues.
  • Our wholly-owned subsidiaries and affiliates. If we were to engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy, we would share your information with a party involved in such a process (for example, a potential purchaser).If we or some or all of our assets are acquired by another organization, that organization will possess the information collected by us, and it will assume the rights and obligations regarding your information as described in this Privacy Policy.

We may disclose personally identifiable information or other data to comply with law or legal requirements, enforce or apply our Terms of Use and other agreements, or protect our rights, property, or safety of our users or others.

Third Party Links

For your convenience, this Retreat Platform may contain certain hyperlinks to other websites or applications. We make no promises or guarantees regarding data collection on the hyperlinked pages that are not operated by GeniusX. We recommend that you read the privacy policy/statement for each site or application you visit.

Your Choices

You can unsubscribe from the GeniusX mailing list at any time by following the instructions included within your verification email, by contacting us at help@geniusx.com or via our Discord channel RetreatVRapp

Sale of the Company

We reserve the right to transfer information including Personal Information to a third party acquiror or parent company in the event we undergo a company sale, merger, liquidation, receivership or transfer of assets related to your personal information; provided that the third party agrees to adhere to the terms of this Privacy Policy and provided that the third party only uses your Personal Information for the purpose that you have provided it to us. You will be notified in the event of any such transfer.

Control of Personal Information

We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your personal information.  However, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  To contact us directly regarding canceling your account or correcting or removing other personal information, please email us at help@geniusx.com.

Further, no data transmission over the Internet even if encrypted can be guaranteed to be private. As a result, while we strive to protect your personal information, GeniusX cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

FOR RESIDENTS OF THE EEA

 

If you have any questions about our data processing activities, you can contact us at social@geniusx.com

If you think that we haven’t complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in Ireland or with your local supervisory authority.

Because Retreat is a worldwide service, we may transfer the personal data of EEA residents to a country outside the EEA. Where we transfer information from the EEA to a country that doesn’t provide an adequate level of protection, we’ll only do so under appropriate safeguards to protect your information, like standard contractual clauses.

 

YOUR CALIFORNIA PRIVACY RIGHTS (FOR CALIFORNIA RESIDENTS ONLY)

Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ Personal Information with third parties. These businesses are required to accept requests for disclosures of these policies from customers but are only required to honor one request per calendar year. Businesses have thirty (30) days to respond to each inquiry to the designated address. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of any third-party businesses. In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business.

If you are a California resident, you may request such information from us by sending a letter to the address listed below.  In your letter, please provide your name, address and email address, as well as a request that we provide such information to you, by using the following or similar language, “I request that GeniusX provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code.”

GeniusX

4440 S Rural Rd, Bldg F
Tempe, AZ 85282

 

Updates

From time to time, we may update this Privacy Policy. We will notify you of any material changes to our Privacy Policy by updating this page. We encourage you periodically to check this site to learn about the information we collect, use, and share. Your continued use of the Retreat Platform affirms your agreement to such changes.

Service Development

THE RETREAT PLATFORM IS UNDER CONTINUOUS DEVELOPMENT AND TESTING. THE RETREAT PLATFORM MAY CONTAIN BUGS AND OTHER ERRORS THAT COULD ADVERSELY AFFECT THE USE OR PERFORMANCE OF THE RETREAT PLATFORM. ANY ISSUES OR ERRORS OF THIS NATURE MAY IMPACT OUR ABILITY TO COMPLY WITH THIS PRIVACY POLICY.

Contact Us

Please contact us if you have questions. The best way to get in touch with us or to exercise your options described above is through the social@geniusx.com.

 

 

 

TERMS OF SERVICE

 

Effective as of May 31, 2022.

 

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You”, or “User” or with “your”) AND GENIUSX (“GeniusX”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE GENIUSX.COM AND RETREATVR.IO  WEBSITE, SOFTWARE GAMES, CONTENT, SERVICES AND APPLICATIONS PROVIDED BY GENIUSX DIRECTLY OR THROUGH OCULUS (collectively referenced herein as the “RETREAT PLATFORM”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH THE RETREAT PLATFORM. GENIUSX IS WILLING TO ALLOW THE USE OF THIS RETREAT PLATFORM TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS RETREAT PLATFORM AND ARE INSTRUCTED TO EXIT THIS RETREAT PLATFORM IMMEDIATELY.

LICENSE GRANT. This TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Retreat Platform conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from the Retreat Platform solely for your personal use, provided that all hard copies contain all copyright, trademark and other applicable notices contained in such materials and information. You may also print and download materials and information from the Retreat Platform to educate your school and community provided that all hard copies contain all copyright, trademark and other applicable notices contained in such materials and information.

RESTRICTIONS.  Except as may be expressly permitted by applicable law or expressly authorized by GeniusX, and without limiting the general restrictions above, you may not, and you may not authorize others to:

(a) store, copy, modify, distribute or resell any information or material from the Retreat Platform (“Material”);

(b) reproduce, modify, decompile, disassemble, reverse engineer or create derivative works of the Retreat Platform or Material;

(c) use any robot, spider, scraper, web crawler or other automated means or any similar manual process to use the Retreat Platform or store, copy, modify, distribute or resell any Material;

(d) rent, lease or sublicense access to the Retreat Platform;

(e) use the Retreat Platform or Material for any purpose except for your own personal use;

(f) use the Retreat Platform to post or transmit any information or material that is defamatory, offensive, indecent, obscene, or unlawful or contains a virus, Trojan horse, worm, or other harmful component;

(g) disable or evade any security elements of the Retreat Platform;

(h) use the Retreat Platform in a manner that is detrimental to the availability or performance of the Retreat Platform; or

(i) remove or modify any proprietary rights notice on any portion of the Retreat Platform or Material.

USER OBLIGATIONS. By downloading, accessing, or using the Retreat Platform in order to view any information and materials, register or enter into a transaction with or through GeniusX for any reason, or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Retreat Platform, including, without limitation, when You provide information via a Retreat Platform registration or submission form.  The Retreat Platform is not intended for use by minors. Parents and guardians should monitor the use of the Retreat Platform by minors. Children under age 13 should not use the Retreat Platform at all.  If a child under age 13 submits information through any part of the Retreat Platform, and we become aware that the person submitting the information is under age 13, we will attempt to delete the information as soon as reasonably possible.  In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Retreat Platform. You also acknowledge and agree that use of the Internet and access to the Retreat Platform is solely at your own risk. While GeniusX has endeavored to create a secure and reliable Retreat Platform, You should understand that the confidentiality of any communication or material transmitted to/from the Retreat Platform over the Internet or other form of global communication network cannot be guaranteed. Accordingly, GeniusX is not responsible for the security of any information transmitted to or from the Retreat Platform. You must make your own determination as to such issues.

PARENTAL ACKNOWLEDGEMENT. As the parent or legal guardian of the minor using or downloading the Retreat Platform, by clicking “I accept”, you acknowledge that: (i) your minor child using or downloading this Retreat Platform is not under the age of 13; (ii) that you are the parent or legal guardian of the minor child using or downloading the Retreat Platform and that you have the right, authority, and capacity to accept this TOS on behalf of yourself and your minor child; (iii) that you grant permission for your child to use and download the Retreat Platform and will supervise and take responsibility for the actions of your child at all times; (iv) that you have read and agree to abide by this TOS; and (v) that you have reviewed this TOS with your child and have agreed that your child will abide by the terms and conditions of the TOS.  All references to “You” in the Agreement shall include both you and your child where appropriate.

OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the donation of funds or payment for or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOS and other notices, terms, and conditions posted to the Retreat Platform, GeniusX shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such donation, payment, or participation.

PRIVACY POLICY. Your use of the Retreat Platform will constitute acceptance of GeniusX personal identifying information collection and use practices. Please see GeniusX’ Privacy Policy for a summary of GeniusX’ personal identifying information collection and use practices.

COURSE INFORMATION. While we attempt to ensure that the information available through the Retreat Platform is as complete and accurate as possible, we make no warranties that it is correct, complete, or current. Further, many courses, games and content accessible through the Retreat Platform is entered by third-party coaches and trainers. GeniusX does not review this content for completeness or accuracy or screen it in any way. You acknowledge and agree that GeniusX is not responsible for the content of any materials or information posted to or otherwise available on the Retreat Platform, whether provided by coaches on the Retreat Platform, you, or another user. Any reliance on such materials is at your own risk.

 

NO MEDICAL ADVICE. GeniusX does not offer medical diagnosis, advice or treatment from the Retreat Platform or any social media account, and none of the information contained on the Retreat Platform should be interpreted as providing medical advice or services of any kind. If you have a medical condition or a specific medical question, please contact your physician or healthcare provider. Only your physician or other healthcare provider can determine if a product or medical treatment is appropriate for you.

POSTINGS. This Retreat Platform may contain blogs, message boards, comment areas, questionnaires, and other interactive features and functionality where Users can share and post certain information and content. To the extent that the Retreat Platform contains such communication forums (collectively, “Forums”), You agree that by using the Retreat Platform You will not upload, post, display, or transmit any of the following materials on the Retreat Platform’s Forums:

  • Anything that interferes with or disrupts the Retreat Platform or the operation thereof;
  • Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;
  • Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
  • Statements or material that violates other contractual or fiduciary rights, duties, or agreements;
  • Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
  • Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
  • Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of GeniusX;
  • Statements or material that misrepresents your affiliation with any entity and/or GeniusX;
  • Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual;
  • Statements or material that are “off-topic” for a designated Forum, and
  • Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Retreat Platform.

PERMISSION TO USE POSTINGS. Forums and postings to the Retreat Platform are the resources and property of GeniusX and/or its licensors and You will not have any proprietary interest in any Forum. Moreover, by submitting or uploading content, images, memes, information, or materials of any type (a “Posting”) to a Forum or other portion of the Retreat Platform or by otherwise using the Retreat Platform to transmit or display a Posting, You automatically grant GeniusX a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content, image, meme, information, or material (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that You have all necessary rights to make the Posting available to GeniusX and a Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that GeniusX has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, images, memes, and materials to appear on the Retreat Platform, GeniusX has not become and is not a publisher of such information, content, images, memes, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, GeniusX assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information. All Users shall remain responsible for their own Postings.

NO PRE-SCREENING OF POSTINGS. GeniusX is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to GeniusX’ right and ability to delete or remove a Posting (or any part thereof), GeniusX does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, GeniusX reserves the right (but undertakes no obligation) to monitor, delete, or take other action with respect to Postings (or parts thereof) that GeniusX believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to GeniusX or its affiliates, members, volunteers, services, programs, or goodwill. If You violate this TOS, GeniusX may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue You a warning regarding your use of the Retreat Platform, and/or terminate your use of the Retreat Platform.

PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Retreat Platform. Accordingly, as expressly set forth herein.  You expressly acknowledge and agree that GeniusX transfers no ownership or intellectual property interest or title in and to the Retreat Platform to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Retreat Platform, unless otherwise indicated, are owned, controlled, and licensed by GeniusX (or its third party licensors) its successors and assigns and are protected by applicable law which may include, but not be limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, GeniusX does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Retreat Platform may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Retreat Platform is Copyright © 2018- 2022 GeniusX and/or its licensors. All rights reserved. GeniusX also owns a copyright in the contents of the Retreat Platform as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Retreat Platform. GeniusX, Inc. (GeniusX) and GeniusX and all other names, designs, logos, and icons identifying GeniusX and GeniusX and its programs, events, solutions, and services are proprietary trademarks of GeniusX and GeniusX, and any use of such marks, including, without limitation, as domain names, without the express written permission of GeniusX and GeniusX is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

SOCIAL MEDIA FEEDS. GeniusX may provide live social media feeds from third parties (e.g. Twitter ®, Instagram®, Facebook ®, LinkedIn®), in its sole discretion. The content contained in these feeds is governed by the privacy policy and TOS of those respective companies. However, and except as provided below with respect to GeniusX’ right and ability to delete or remove a feed (or other submission) from the social media feeds, GeniusX does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, GeniusX reserves the right to monitor and remove feeds (or other submissions) with respect to social media feeds that GeniusX believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to GeniusX or its affiliates, members, volunteers, services, programs, or goodwill. If You violate this TOS, GeniusX may, in its sole discretion, delete the unacceptable feed (or other submission) from its social media feed.

LINKS TO OTHER SITES. GeniusX may provide links, in its sole discretion, to third-party websites or applications for your convenience in locating or accessing related information, products, and/or services. These sites and applications have not necessarily been reviewed by GeniusX and are maintained by third parties over which GeniusX exercises no control. Accordingly, GeniusX expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites or applications. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

THIRD PARTY APPLICATION PROVIDER. You may be using various third-party hardware, applications and platforms (such as Oculus headset and Oculus Store) to access the Retreat Platform. The provider of any such third-party applications shall be each referred to as an “Application Provider”. You acknowledge and agree that this TOS is concluded between you and GeniusX, and not with the Application Provider, and GeniusX is not responsible for any failure or liability arising out third-party hardware, applications and platforms. You must also comply with all applicable third-party terms of service when using the Retreat Platform.

DISCLAIMER. THE RETREAT PLATFORM IS OFFERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. GENIUSX MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ANY USE OF OR INABILITY TO USE THE RETREAT PLATFORM, OR ACCURACY OF THE RETREAT PLATFORM FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. GENIUSX ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS RETREAT PLATFORM WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE RETREAT PLATFORM IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GENIUSX IS NOT LIABLE FOR ANY CONDUCT OF ANY OTHER USERS OF THE RETREAT PLATFORM.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GENIUSX BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS RETREAT PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF GENIUSX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GENIUSX FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS RETREAT PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO GENIUSX IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $500 (US), WHICHEVER IS LESS.

GOVERNING LAW. This TOS will be deemed to have been made in the State of Arizona, and the provisions and conditions of this TOS will be governed by and interpreted in accordance with the laws of the State of Arizona, without regard to conflict of laws principles thereof.  EXCEPT FOR ANY ACTIONS FOR PRELIMINARY EQUITABLE RELIEF, THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS THE STATE AND FEDERAL COURTS LOCATED IN  MARICOPA COUNTY, CALIFORNIA. USER AND YOU CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these TOS.

INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, with respect to unauthorized use of GeniusX proprietary assets, will cause irreparable injury to GeniusX, such injury would not be quantifiable in monetary damages, and GeniusX would not have an adequate remedy at law. You therefore agree that GeniusX shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, You hereby waive any requirement that GeniusX post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to GeniusX to enforce any provision of this TOS.

TERM AND TERMINATION. This TOS will take effect the moment You click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Retreat Platform, whichever is earliest. GeniusX reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny You access to the Retreat Platform or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOS will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your membership status with GeniusX. You may also terminate this TOS at any time by ceasing to use the Retreat Platform, but all applicable provisions of this TOS will survive termination, as identified below, and each re-access or use of the Retreat Platform will reapply this TOS (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Retreat Platform in your possession. The provisions concerning GeniusX’ proprietary rights, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOS for any reason.

WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by GeniusX of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.

ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and GeniusX as result of this TOS or your utilization of the Retreat Platform. This TOS and GeniusX’ Privacy Policy represent the entire agreement between You and GeniusX with respect to use of the Retreat Platform, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and GeniusX with respect to the Retreat Platform. You may not assign or transfer any rights under this Agreement without the prior written consent of GeniusX. Please note that GeniusX reserves the right to change the terms and conditions of this TOS by posting a revised TOS or mailing and/or e-mailing notice thereof to You. In addition, GeniusX may add, modify, or delete any aspect, program, or feature of the Retreat Platform, but GeniusX is not under any obligation to add any upgrade, enhancement, or modification. No modification of this TOS by You shall be deemed effective unless a separate and specific writing has been executed by You and an authorized officer of GeniusX.  Your continued use of the Retreat Platform following any posted change or update to this TOS by GeniusX will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis.