Applicable

The Terms and Conditions apply to Users of the website with immediate effect. The Website may revise these Terms and Conditions at any time without any notice by updating this post. Any such updates of these terms and conditions will bind the user.

Website Regulations

Users agree that they will use the website for lawful purposes and in a lawful manner. While using the website, you agree to abide by the following rules: Services are provided based on Projects that have a Statement of Work and Timeline with a Project initiation date and completion date. Custom Projects include Mobile App Development, Mobile Product Strategy, Strategic Design Consultancy, Mobile App QA and Testing, Web Portal and Development, and Connected Devices.

Payments

USA Web Genius accepts payments using credit cards, wire transfers, PayPal, Stripe, and checks only. Online payments using credit cards and debit cards will only be made at milestones and will be done through wire or check. All orders will be executed based on the signed contract between the company and the customer. The customer is bound to agree on the contract terms for the payment schedule.

Refunds

Refunds will be applicable only for milestones that have not been delivered to the client as per the contract. After the contract is signed, the client accepts and understands the project deliverables at a specified time. All approved project deliverables will not be included in the refund process, including any delays in the deliverables where the delay was caused due to non-availability of the client for feedback and issues with 3rd party API/plug-ins used for integration.

Resolution of Disputes

If a dispute arises, USA Web Genius's goal is to resolve such dispute amicably. Accordingly, you and we agree that we will resolve any claim or dispute that arises between you and the company of this agreement or the services (a “claim”) in accordance with this section entitled “resolution of disputes.” Before resorting to any other alternatives, you agree to first contact us directly to seek a resolution.

You agree that by entering into this agreement, you and USA Web Genius are each waiving the right to trial by jury or to participate in a class action. You and USA Web Genius 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. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

Limited Liability

In no event shall USA Web Genius, its subsidiaries, officers, directors, and employees be liable for any damages whatsoever, and in particular, we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use arising out of or related to this website, the tools and services we provide, or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations are inapplicable.

Indemnification

You agree to indemnify and hold USA Web Genius (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the site or services, (ii) your project, (iii) use of any 3rd party API or service used within your project, (iv) your violation of this agreement or any applicable laws. USA Web Genius reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Severability

Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remainder will remain in full force and effect. Nothing in this agreement or related policies should be deemed to confer rights or benefits on third parties.

Force Majeure

USA Web Genius shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

Third-Party Service

Your custom web project may include service API or plug-ins owned and operated by third-party websites. You acknowledge that USA Web Genius is not responsible for the availability of or the content located on or through any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and USA Web Genius is not responsible therein.

Compliance With Laws

User assumes all knowledge of applicable law, including copyright, trademark, and patent law, and is responsible for compliance with any such laws, federal or local laws that may apply to each user. The user may not use the site in any way that violates applicable provincial, state, federal, or international laws, regulations, or other government requirements. Each user further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Copyrights and Trademark and Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof, is owned by USA Web Genius with all rights reserved or is the property of USA Web Genius or other third-party vendors and is protected by intellectual property laws and rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without prior written permission of an authorized officer of USA Web Genius, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device or manual process to monitor or copy this website or web pages or the content contained therein without prior written permission of an authorized officer of USA Web Genius. USA Web Genius-owned trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to confuse customers, or in any manner that disparages or discredits the business of USA Web Genius. All other trademarks displayed on the site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation by USA Web Genius of those particular vendors.

Entire Agreement

This agreement constitutes the entire agreement between you and us regarding the use of the site and services.