Terms Of Service

GENSTONE TERMS & CONDITIONS – Welcome to Genstone

The Genstone website (our “Website”) is operated by Genstone Management, LLC, a Delaware limited liability company (“Genstone ” or “we” or “our”).  Genstone is a parent company of the following affiliated companies: Genstone LLC, Genstone Inc. and Genstone II LLC dba Genstone Realty, Genstone LLC dba Genstone Property Management, Genstone Construction, LLC, Genstone Field Services, LLC,  Genstone Asset Management, LLC, Genstone Asset Disposition, LLC, Constructive Insurance LLC dba (depending on the state) Genstone Insurance Services or Genstone Insurance. Fay Servicing LLC dba Genstone Financial and Genstone is indirectly owned by the same individual members.

These Terms & Conditions (this “Agreement” or “Terms”) state the terms and conditions under which you may access or browse the Website and govern your use of the Website.  By using the Website, you (“User” or “you” or “your”) agree to be bound by this Agreement when accessing or browsing the Website as a registered user (“Member”). If you wish to use this Website, please read this Agreement carefully. If you object to anything in this Agreement, the Genstone Privacy Notice or any other policies referred to in this Agreement, you should leave and discontinue use of the Website immediately.

ACCEPTANCE OF TERMS OF USE AGREEMENT

ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.

LICENSE/SITE ACCESS. Genstone grants you a limited license to access and make personal use of the Website. Genstone does not allow you to download (other than page caching) or modify the Website, or any portion of it, without the express written consent of Genstone. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited.  The Content (as defined below) of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other non-commercial users of the Website who have a user ID and password.

GENSTONE REALTY’S ROLE/NO ADVICE.  Your interactions with other Members, users, organizations or individuals found on or through the Website are solely between you and such organizations and/or individuals. The information provided on this Website is for reference use only, and does not constitute the rendering of legal, medical, financial, or other professional advice or recommendations by Genstone. Genstone expresses no opinion as to the quality or reliability of other parties or the properties/services they offer, including information contained in profiles or otherwise listed on this Website. Nothing on the Website is a comment on the legitimacy, suitability, or quality of such properties/services.  Genstone has no control over and does not guarantee the existence, quality, safety, or legality of properties/services offered or advertised; the truth or accuracy of other user content or listings; or the accuracy of the information provided by users or other third parties. Before relying on and accepting any information you’ve read about on Genstone, you should confirm with the third party any information that is important to you. Genstone does not conduct any background checks on such third parties or any users of this Website or verify the information contained on user profiles.  BY USING THE SITE, YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT NOTHING IN THE SERVICE IS INTENDED TO BE PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO, REAL ESTATE OR TAX ADVICE.

ACCEPTANCE OF RISKS. You are solely responsible for making any decisions regarding third party transactions related to the purchase/sale of properties or services. You expressly acknowledge that you are making all of your own decisions in connection with such transactions and that Genstone is not making recommendations with respect to properties or services offered or with respect to any information you disclose or communications that you make on this Website. You also expressly acknowledge that you are subject to a variety of risks related to third party transactions and information that you post or share, which risks are beyond the control of Genstone, and you expressly acknowledge that Genstone is not liable or responsible for those risks, for which you have sole responsibility.  You agree to take all necessary precautions in all interactions with third parties or any other users of this Website, particularly if you decide to communicate off the Website or meet in person, or if you decide to purchase properties/services or send money to such individual/entity.

WEBSITE CONTENT.  Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Genstone reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).  Genstone apologizes for any inconvenience this may cause you.

We encourage you to let us know of any material on our Website that you believe to be inappropriate, false and/or inaccurate. Please forward a copy of the material and your contact information to contact@genstonecompanies.com

ELECTRONIC COMMUNICATIONS.  When you visit the Website or send e-mails to Genstone, you are communicating electronically. You consent to receive communications from Genstone electronically.  Genstone will communicate with you by e-mail, website messaging, texts or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.  You also agree that by registering with Genstone, you consent to receive newsletters, emails, promotions, social media communications and other advertisements from Genstone or its partners.

You may opt-out of receiving promotional newsletters from Genstone by doing one of the following:

• If you have received a newsletter/email from Genstone, you can follow the opt-out or ‘unsubscribe’ instructions provided in the email we sent to you.
• If you originally signed up for Genstone Realty newsletters, please email us at contact@genstonecompanies.com

PASSWORD/ACCOUNT SETTINGS. When you sign up to become a Member, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products.  You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to: (a) immediately notify Genstone of any unauthorized use of your username or password or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Genstone will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to Genstone that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not: (a) modify or create any derivative work based on the Content (as defined below) or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Genstone reserves all rights not expressly granted herein.

TERMINATION OF USE.  You agree that Genstone may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement.  Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that Genstone may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website.  Genstone will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

INTELLECTUAL PROPERTY.  Genstone or its licensors owns and retains all proprietary rights in the Website.  All products, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Genstone or its licensors/suppliers. All software used on this Website is the property of Genstone or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.

The marks “GENSTONE”, along with other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Genstone in the U.S. and/or other countries. Genstone’s trademarks and trade dress may not be used in connection with any product or service that is not Genstone’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Genstone. All other trademarks not owned by Genstone that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Genstone.  References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Genstone.

SUBMISSIONS.  When you submit content to Genstone that is covered by intellectual property rights, like images, photos and videos (“Submission”), you specifically give Genstone the following permission: you grant Genstone an irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify and display any Content that you submit. You represent and warrant that you own or otherwise control all of the rights to the Submission; that the Submission is accurate; that use of the Submission you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Genstone for all claims resulting from Submission you supply. Genstone has the right but not the obligation to monitor and edit or remove any activity or Submission. Genstone takes no responsibility and assumes no liability for any Submission submitted by you or any third party. To the extent contained within or associated with the Submission, you grant and consent to Genstone permission to use, and to alter without restriction your name, portrait, photograph and/or other likeness in any and all manner or media, whether for commercial or non-commercial purposes, whether now known or hereafter existing, in perpetuity. You agree that the Submission may be combined with other images, text, film, audio, graphics and audio-visual works, and cropped, edited, altered or modified.

METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE.  Genstone expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Genstone trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Genstone is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Genstone Realty.

LINKS TO THIRD PARTY SITES.  Genstone or third parties may provide links to other websites or resources. Because Genstone has no control over such sites and resources, you acknowledge and agree that Genstone is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Genstone shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Genstone is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.

WARRANTY LIMITATION. Except for those warranties expressly provided herein, you hereby acknowledge and agree that Genstone (including OWNERS, PARTNERS, MEMBERS, MANAGERS, SHAREHOLDERS, employees, agents, directors, AFFILIATES, SUBSIDIARIES, and independent contractors of Genstone) has not made any other warranties, express or implied, concerning the Website, the Products OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE.  THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GENSTONE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  GENSTONE DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE any warranties regarding completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, PROPERTIES, services, or related graphics contained on the Website for any purpose. WITHOUT LIMITING THE FOREGOING, GENSTONE hereby makes no representation nor any warranties of any kind in connection WITH the information provided herein, That PROPERTIES will meet your requirements, OR THE QUALITY OF ANY PRODUCTS. Any reliance you place on such information is therefore strictly at your own risk.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCU­RACIES, OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE Products OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH PRoducts OR SERVICES. THE FACT THAT GENSTONE IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY.   IN NO EVENT SHALL GENSTONE OR ANY OF ITS OWNERS, PARTNERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF GENSTONE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT GENSTONE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

GENSTONE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Notwithstanding anything to the contrary contained herein, Genstone’S liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Genstone for the PRODUCTS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (i.e. MEMBERS, VENDORS OR CUSTOMERS). YOU UNDERSTAND THAT GENSTONE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. GENSTONE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR REPRESENTATIONS OF ITS USERS.

INDEMNIFICATION. You agree to indemnify and hold Genstone, its owners, members, managers, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claims, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your Submission, (2) your use of the Website in violation of this Agreement; and/or (3) any use of this Website.

FORCE MAJEURE. Genstone shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Genstone.  Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Genstone, breach of this Agreement by users, cyber-attacks, cyber-hacks, cyber-crimes, or cyber-disruptions and any other events reasonably beyond the control of Genstone.

Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the transactions occurring on this website, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Hillsborough County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Hillsborough, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

PREVAILING PARTY.  In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled.  Any cause of action brought by you against Genstone or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one  year after the cause of action arises or be deemed forever waived and barred.

Entire Agreement. This Agreement contains the entire agreement between you and Genstone regarding the use of the Website. The Privacy Notice and other policies as referenced herein (as modified by Genstone from time to time) is incorporated herein by this reference and made a part of this Agreement.

ASSIGNMENT.  You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void.  Genstone may freely assign its rights and obligations under this Agreement.

RELATIONSHIP. By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.

SEVERABILITY.  If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

WAIVER.  Any failure by Genstone to enforce or exercise any provision of the Terms or related rights will not constitute a waiver of that right or provision.

Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

COPYRIGHT AGENT.  Genstone respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide the following information to Genstone’s Copyright Agent:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Genstone, LLC’s Copyright Agent

Attention: Genstone, LLC Legal Department

Address: 5426 Bay Center Drive, Suite 300 | Tampa, FL 3360

Email: contact@genstonecompanies.com