Welcome to Is Genesis History?™ web site and store, available at “isgenesishistory.com” (this “Site”). This Site is owned and operated by Genesis Movie LLC. Please read this page carefully before using this Site and our Services. By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, placing an order, and/or submitting your personal information to Genesis Movie LLC, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.
1. Securing Shopping
You can shop at isgenesishistory.com with confidence. We have partnered with Elavon Converge, a leading payment gateway, to accept credit cards and electronic check payments safely and securely for our customers.
The Elavon Converge Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. We to not store any credit card information on our servers, we only securely transmit that data to be processed by Elavon Converge.
The company adheres to strict industry standards for payment processing, including:
128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
Industry leading encryption hardware and software methods and security protocols to protect customer information.
Compliance with the Payment Card Industry Data Security Standard (PCI DSS).
Is Genesis History? is registered with the Elavon.com
2. Site Content
All contents of this Site are: © 2017 Is Genesis History?. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by Is Genesis History?. Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Is Genesis History? and its third party licensor(s) retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in these Terms, you may not use, modify, republish, frame, print, display, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express permission of Is Genesis History?. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Requests for such permission should be made to [email protected]
This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
Certain materials on this Site may be furnished by third parties. Certain product, service, or company designations for companies other than Is Genesis History? may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
3. Permissible Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy and print the Content available on this Site subject to the following conditions:
- the Content is used solely for personal or informational purposes;
- the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other
- all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
- the Content is not modified or altered in any way; and no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of this Site from any Acceptable Site, but only if:
- you do not frame the Site or any portion of the Site;
- the hyperlink to the Site is not used in a way that suggests that Is Genesis History? endorses you or your web site;
- the link is identified using a plain text rendering of the name Is Genesis History? and/or the Is Genesis History? trademark or logo;
- the link to the Site is not used or presented in any way that disparages Is Genesis History?, it’s Curriculum Products, or any store goods, tarnishes, blurs or dilutes the quality of Is Genesis History?’ names or trademarks or any associated goodwill;
- the link to the Site is not displayed on any web page that displays objectionable content or links; and
you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
An “Acceptable Site” means a web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.
4. User Conduct
In using the Site, including all Content and services available through it, you agree that you shall not:
- send unsolicited commercial email to the email addresses appearing on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
- delete, modify, hack or attempt to change or alter any of the Content on the Site;
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
- use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
use any Is Genesis History? names, service marks, or trademarks as metatags, search engine keywords, or hidden text;
- use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of Is Genesis History? or any third party.
5. Return Policy
Purchases from Is Genesis History? and this Site are digital in content. Delivery method is immediate so you must watch your email inbox, spam list, or other address you have identified to receive your purchase. We want you to be happy with any purchases you may make through this Site. If you have purchased products through this Site and are not completely satisfied with your purchase, you may return any such items within seven (7) days of digital delivery for an exchange, credit or full refund, to be determined at Is Genesis History?’s option. In order to receive an exchange, credit or refund, the digital product must be destroyed. This includes digital copies, disk, or any hard drive or media containing the product.
Please note that Is Genesis History? cannot accept returns of items returned more than thirty (30) days after delivery. Unless otherwise agreed in writing, you are responsible for any shipping costs from your place to our shipping location. Exchanges or requests for refunds should be sent to: Is Genesis History?, 605 West Iris, Nashville, Tennessee 37204.
Is Genesis History? will notify you via email of your return once Is Genesis History? has received and processed the returned item. You can expect a refund, exchange or credit (refunds will be issued in the same form of payment originally used for purchase) within 20 business days of our receiving your return. If your return is not due to our error, we may deduct any outstanding shipping costs from any refund or credit.
6. Secure Ordering
Shopping at this Site is safe, convenient and secure. To provide credit card security and keep your personal information safe, Is Genesis History? uses ipsCA certified 128-bit Secure Socket Layer (SSL) technology, the industry standard encryption technology for secure Internet transactions. All of your information is encrypted. To protect your information once it is received by Is Genesis History?, firewalls keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters “https” (rather than “http”) located in the URL address window at the top of your browser will indicate that you are using a secure browser. Your browser may also give you a pop-up message that you are about to enter a secure area.
7. Modifications To Terms
Is Genesis History? may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site. Sections 1-4 and 8-20 of these Terms shall survive any termination of these Terms.
8. Termination or Modifications To Site
Is Genesis History? reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you. Is Genesis History? may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Is Genesis History? will not be liable to you or any third party in the event that Is Genesis History? exercises its right to modify or terminate access to the Site or portions of the Site.
9. Contests and Sweepstakes
Is Genesis History? may provide rules for certain activities on this Site including, without limitation, contests and sweepstakes by Is Genesis History? and in conjunction with third parties. These Terms are incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms and specific rules, the rules for the activity in which you choose to participate shall govern.
10. Your Privacy
Is Genesis History? and its employees will not lease, rent, sell, or otherwise disclose or distribute your personal information to any person or company for any reason, except to the extent necessary to process your order. We use a secure server when orders are being placed and only a select few are privy to that information. Your credit card number is encrypted while being transmitted through us for processing. We thank you in advance for your trust.
11. Copyright Infringement, Notice and Take Down Procedures
In accordance with the Digital Millennium Copyright Act (“DMCA”), http://lcweb.loc.gov/copyright/, Is Genesis History? has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Is Genesis History? will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at [email protected] and through the address set forth at the end of this page. When notifying Is Genesis History? of the alleged copyright infringement, please include all of the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- Identification of the copyrighted work alleged to have been infringed;
a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by Is Genesis History? to infringe a copyright or otherwise violate any intellectual property rights, Is Genesis History? will remove or disable access to any such material.
12. Other Sites, Content, Products and Services
13. Typographical Errors
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Is Genesis History? therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause. In the event that any merchandise or product offered on this Site is mistakenly listed at an incorrect price, Is Genesis History? reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. Is Genesis History? reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Is Genesis History? will issue a credit to your credit card account in the amount of the incorrect price.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Is Genesis History? EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, QUIET ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Is Genesis History? MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
15. Limitation of Liability
IN NO EVENT SHALL Is Genesis History? OR ITS AFFILLIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (D) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF Is Genesis History? HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO Is Genesis History? RECORDS OR SERVICES, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR ANY FORCE MAJEURE. YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ANY AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. THEREFORE, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Is Genesis History?, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, attorneys, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of, or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of another.
17. Limitation on Actions
You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within (6) six months after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Is Genesis History? or its affiliates to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
18. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site or the purchase of merchandise from Is Genesis History? through this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Is Genesis History?’s intellectual property rights, Is Genesis History? may seek injunctive or other appropriate relief. The arbitration shall be conducted before at least one neutral arbitrator in the city of Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed. In such event, the parties to these Terms agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Nashville, Tennessee, and each party hereby waives any defense related to personal jurisdiction, process or venue.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
21. Contact Information
If you have any questions about these Terms, the practices of Is Genesis History?, or your dealings with this Site, please contact us through one of the methods listed below. You may also contact us to update your personal information by notifying us when you change your name or email address:
E-mail: [email protected]
Last Updated: March 27, 2018