LAST UPDATED: August 31, 2019
Terms of Service
Lazy Boy Marketing LLC through Genzee VPN (“Genzee VPN”) provides virtual private networking (“VPN”)/Private Internet Services, Wifi Security/Authentication, Encryption Services and Anonymous internet protocol (“IP”) addresses to its clients. You (“Client” or “Subscriber”) (Genzee VPN and Subscriber collectively known as “Parties”) acknowledge that Genzee VPN and/or any of its parent companies or constituents will not be held liable for any and all liability arising from your use of its services and website.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN “BINDING INDIVIDUAL ARBITRATION” SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND GENZEE VPN, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, “PIA ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN “BINDING INDIVIDUAL ARBITRATION” SECTION.
Subscriber affirms that they are either more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or its services.
Genzee VPN grants you a limited, non-exclusive license to subscribe to an account to which you have access for your personal, private, commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. All intellectual property rights on Genzee VPN are owned by Lazy Boy Marketing LLC, Inc. and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Genzee VPN website unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Genzee VPN Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to Genzee VPN. New or future services that may be offered by Genzee VPN will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN services only and do not include any other services herein.
CHANGES TO THIS AGREEMENT
Client understands that the present Terms of Service are subject to changes made by Genzee VPN at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.
The terms and conditions herein apply to all users of Genzee VPN whether a ‘visitor,’ ‘commercial user,’ a ‘subscriber,’ or a ‘client’ and you are only authorized to use Genzee VPN if you agree to abide by all applicable federal and state laws and be legally bound by the terms and conditions of this Agreement.
You agree to comply with all applicable laws and regulations in connection with use of this service. You must also agree that you nor any other user that you have provided access to will not engage in any of the following activities:
The Genzee VPN service offered as part of this Agreement is subject to all relevant United States export control laws and regulations. Company makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department’s Table of Denial Orders, the U.S. Treasury Department’s lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People’s Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
Genzee VPN abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions.
Along with the ZERO TOLERANCE policy, Clients who materially breach the terms and conditions will have their account or a subscription removed without any refund. Additionally, Client understands that Genzee VPN expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorney’s fees, fees for expert witnesses, court costs, and other charges.
Subscriber understands that Genzee VPN reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Terms of Service constitutes a material breach of the Agreement, and may result in one or more of these following actions:
SERVICE LEVEL AGREEMENT
Service coverage, speeds, locations and quality are not guaranteed. While Genzee VPN will make every attempt to maintain the Service availability at all times, the Service may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. Genzee VPN does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.
Additionally, we may impose usage limits to our services, suspend or block services, or cancel any and all services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.
We make no guarantee that this service will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.
Multiple accounts may be purchased in bulk from Genzee VPN. You understand that by purchasing multiple accounts in bulk from Genzee VPN, you may be eligible for a discount which will be reflected at the time of purchase. Both the purchaser and the individual sub-account user is fully responsible for complying with all of these terms of service. At this time, you may not purchase any bulk account orders with different subscription lengths. If you purchase multiple accounts in bulk from Genzee VPN, you must pay using a credit card. No other forms of payment are accepted for bulk account purchases. You understand that all new codes for all bulk account purchases shall be sent to you via email where they can then be redeemed and activated.
As a client of Genzee VPN, you are responsible for:
You acknowledge that Genzee VPN reserves the right to create a subscription service through one or more third party merchants. With each account you may have only one active subscription at a time. Payments will be charged on the day you sign up for service and will cover use of that service for the duration of one (1) month, six (6) months, one (1) year, or two (2) years depending on the service level plan. A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered as is at the time of purchase. Future services offered by Genzee VPN and Lazy Boy Marketing LLC, Inc. may not be included with the account. You may cancel the account subscription at anytime; the account will remain active for the remainder of your billing cycle.
Genzee VPN reserves the right to change the fees at any time at its discretion. Subscriber understands that Genzee VPN is not obligated to honor errors due to typos and is not responsible for misinformation provided on third party websites or affiliates. Subscriber also understands that any gift-card based transactions for service are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.
You understand and agree that Genzee VPN shall maintain your email address after your subscription ends. You may access the Client Control Panel to reactivate your subscription at any time.
If you are less than 100% satisfied with the Genzee VPN service, we will gladly refund your payment if the refund is requested within seven (7) days from the date of the initial purchase and/or renewal. Requests made later than the (7) day purchase date window will be denied. If you have initiated the refund process under this Section, and you fail to provide requested verification information related to your account from Genzee VPN sent to your account e-mail address within seven (7) days from the date of the request sent by Genzee VPN, you understand that you are forfeiting the entire refund request and that you are not eligible for a refund under this Section. You understand that if you purchase a new account within three months of being issued a refund on a previous account purchase, you will not be eligible for a refund on that new account, even if you request one during or after the seven (7) day period.
In the event of a unauthorized chargeback, your account details will be blacklisted.
If you are seeking a refund after paying for the Services via a cryptocurrency, then you must provide to Genzee VPN a Wallet address for the refund to be credited.
You understand that by paying for Genzee VPN using cryptocurrency as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time. The parties agree that any refunds for transactions using a specific cryptocurrency will be assessed on the cryptocurrency’s exchange rate to USD at the time of the refund disbursement, and not at the time of the original transaction or refund request.
Due to limitations with 3rd party payment processors, certain accounts cannot be refunded by Genzee VPN directly. Accounts purchased through the Apple Store, Gift cards or 3rd party deal sites, can only be refunded by the payment processor.
Genzee VPN reserves the right to close your account at any given time without any given notice. While Genzee VPN will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.
Subscriber understands that Genzee VPN also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the Genzee VPN network.
Subscriber also understands that Genzee VPN for reasons beyond its control may shut down and terminate services. If Genzee VPN ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.
Subscriber represents and warrants that all of the identifying information provided to Genzee VPN to use the Genzee VPN website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
SUBSCRIBER UNDERSTANDS THAT THE GENZEE VPN WEBSITE AND SERVICE IS PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE GENZEE VPN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GENZEE VPN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GENZEE VPN MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
LIMITATION OF LIABILITY
IN NO EVENT SHALL GENZEE VPN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE PRIVATEINTENETACCESS SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GENZEE.TV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GENZEE.TV SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Subscriber agrees to defend, indemnify and hold harmless Genzee VPN, its parent corporation, 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:
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and Genzee VPN regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this “BINDING INDIVIDUAL ARBITRATION” Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Genzee VPN, LLC or any company, subsidiary, parent, vendor associated with Genzee VPN, LLC that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and Genzee VPN that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND GENZEE VPN AGREE THAT ANY CLAIM FILED BY YOU OR BY GENZEE VPN IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFYGENZEE.TV IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 4643 S ULSTER STREET, SUITE 1120, DENVER, CO 80237, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR GENZEE.TV ONLINE ID, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH GENZEE.TV THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY GENZEE VPN SERVICE, YOU MUST SEND WRITTEN NOTICE TO 4643 S ULSTER STREET, SUITE 1120, DENVER, CO 80237, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: GENZEE.TV: DISPUTE RESOLUTION” TO GIVE GENZEE.TV THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Genzee VPN does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Genzee VPN may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND GENZEE VPN SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Genzee VPN elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by Genzee VPN, you may have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Genzee VPN as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Genzee VPN. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Genzee VPN may initiate arbitration in either Yavapai County, Arizona or the United States county in which you reside. In the event that you select the county of your United States residence, Genzee VPN may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Genzee VPN without restriction.
If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, county of Yavapai, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Arizona, county of Yavapai. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
If Subscriber agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the Genzee VPN service.