Terms of Service – Genius Programs LLC

Updated May 1, 2024

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 12/1/2022.

Acceptance of Terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Genius Programs, LLC (Hereafter referred to as “Genius Programs”), also known as the product names “My Food Program” and “Ready Records”, located at 260 Wentworth Ave E Ste 155, West Saint Paul, MN 55118-3525 and our subsidiaries and affiliates, in association with the use of the Genius Programs website, which includes https://www.geniusprograms.com/, https://ready-records.com/, https://www.myfoodprogram.com/, https://prod.myfoodprogram.com (the “Site”) and its Services, which shall be defined below.

Description of Website Services Offered

The Site is a website interface and companion mobile application which has the following description:

A cloud-based, website and mobile application interface for tracking events of participants in the USDA CACFP (Child and Adult Care Food Program) and/or SFSP (Summer Food Service Program) to be used by Day Care Homes and Sponsoring Organizations, Child Care Centers and Sponsoring Organizations, At-risk Afterschool Care Centers and Sponsoring Organizations, Adult Day Care Centers and Sponsoring Organizations and Emergency Shelters and Sponsoring Organizations.

Any and all visitors to our site and users of the website applications and/or companion mobile application(s) shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Genius Programs. At its discretion, Genius Programs may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Genius Programs does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Genius Programs shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Genius Programs shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Invoices

Invoices are sent on the 15th of each month or the first business day after the 15th if it falls on a holiday or weekend.
Invoices are sent via email to the primary sponsor contact unless an accounts payable contact person has been provided.
Genius Programs LLC understands that USDA Child Nutrition Programs operate on a reimbursement basis. Therefore, each invoice will include all sites which have entered attendance and/or meal counts for the prior month and were not included in any prior invoice.
- Example: Attendance and meal counts are entered during the month of April. The invoice for this site will be issued on May 15 and due on June 15.
You will receive a link to a Google Sheet with a Detail Report that contains
- The name of each site included in the invoice,
- The month for which the sites entered attendance and/or meal counts, and
- The invoice number.

Payment

Payment terms are net 30.
Payment can be made via credit card, ACH or paper check. Paper checks should be made payable to Genius Programs LLC and mailed to 260 Wentworth Ave E Suite 155, West St Paul, Minnesota 55118.
Our invoicing system allows you to save a credit card to your profile for future payments. If you save a credit card, we will run it for any open invoices automatically. Email billing@myfoodprogram.com if you wish to change or remove a credit card.
Notification of missing, late, rejected or incomplete payments will be made by e-mail to the primary sponsor contact. Notice is considered as being given upon Genius Programs, LLC having sent the required documents. We are not responsible for delivery issues or errors or staff changeovers. Past data entered, past claims created and the associated reports will be available to you at the sponsor level in our program for the time period of 3 years and 3 months.
Any invoices for which payment has not been received 60 days past the due date will be referred to a collections agency. You will be subject to additional collections fees and your account will be locked in a manner that prevents site users from being able to enter data and sponsor users from creating a claim.

Pricing

Prices are adjusted each October to align with the Federal fiscal year.
Our pricing increases in accordance with the CACFP and SFSP reimbursement rates which are in turn based on the Consumer Price Index published by the United States Bureau of Labor Statistics for May of each year.
The reimbursement rates for centers are based on the Consumer Price Index for “Food Away from Home” and the reimbursement rates for sponsors of family child care homes are based on the overall Consumer Price Index.
We will inform you via email and updates on our website of the updated pricing as soon as practical but no later than July 31 of each year.

Customer Support

We are here for you!
You can reach in the following ways:

Our online Help Center is available 24/7 at https://myfoodprogram.tawk.help/
Our live webchat is available Monday through Friday 8:00 a.m. to 5:00 p.m. Central Time. Go to www.myfoodprogram and click on the green bubble in the lower-right corner. Our web chat is staffed by a real person and not AI! Web chat is staffed Monday through Friday 8:00 a.m. to 5:00 p.m. Central Time. If we are not online, you will be provided with the option to send us an offline message.
You can call us at 651-433-7345. Our phones are also available Monday through Friday 8:00 a.m. to 5:00 p.m. Central Time.
You can send us an email at support@myfoodprogram.com. We will respond within 1 business day.

Customer support is closed on all Federal Holiday.

Cookies

We employ the use of cookies. By using Genius Programs’ website and mobile application(s) you consent to the use of cookies in accordance with Genius Programs’ privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Data Retention

Any data records (Attendees, Menus, Meal Logs, Reports, Claims, etc.) entered into Genius Programs system shall be maintained and access provided to any user(s) that were listed on the account at the time of cancelation for a period of not less than three (3) years and three (3) months from the time a subscription to our services is canceled. You may view this information anytime you wish through your standard login credentials. No changes, revisions, additions, subtractions or alterations may be made to this data by any user(s) after a subscription has been canceled. Genius Programs is not under any obligation to delete or destroy the data after the above stated time frame, but may do so without informing you of such actions prior or post to their being carried out.

Any data and/or records entered by a site while under one sponsor are part of the subscription fee paid by that sponsor and shall be kept confidential from all other sponsors. These data and/or records will not be transferred in part or whole or copied from one sponsor to another unless written permission is sent to Genius Programs from all parties (both of the involved sponsors and the site). Requests for transfer of data and/or records are dealt with on a case-by-case basis and may require the input and judgement of the state agency who administers the CACFP and/or SFSP in the state where the sponsorships are located.

Sites are to work with their original sponsor to determine the appropriate method they are to use for record retention (printed copies, continued but limited access to website(s), etc.).

Surrendering of Data to Authorities

We may collect and release Confidential and Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Genius Programs also reserves the right to disclose Confidential and Personally Identifiable Information and/or non-personally-identifiable information that Genius Programs believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Genius Programs site or our servers, and to protect the rights, property, or personal safety of Genius Programs, our users or others. Nothing herein shall restrict our right to disclose the Confidential and Personally Identifiable Information where such disclosure is required by written order of a judicial, legislative, or administrative authority of competent jurisdiction. We will, if reasonably practicable and not prohibited by law, first notify you of such need or requirement.

Selling of Personal Data

Genius Programs will not sell your personally identifiable data to third parties. Only metadata and aggregate data that is not personally identifiable may be sold to a third party, and could be so done without informing you either prior to post to the event being carried out. All data will be available to entities directly affiliated with Genius Programs.

Cautions for Global Use and Export and Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Content Placed or Made Available for Company Services

Genius Programs shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Genius Programs the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

The content submitted or made available for inclusion on the publicly accessible areas of Genius Programs’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Genius Programs’ sites, and shall terminate at such time when you elect to discontinue your membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Genius Programs’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Genius Programs’ sites and shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly accessible areas of Genius Programs’ sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Genius Programs’ sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.

Contributions to Company Website

Genius Programs provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

your contributions do not contain any type of confidential or proprietary information;
Genius Programs shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
Genius Programs shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
the contributor’s Contributions shall automatically become the sole property of Genius Programs; and
Genius Programs is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Indemnity

All users herein agree to insure and hold Genius Programs, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Genius Programs Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Commercial Reuse of Services

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Genius Programs’ sites.

Modifications

Genius Programs shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Links

Either Genius Programs or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Genius Programs shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Proprietary Rights

You do hereby acknowledge and agree that Genius Programs Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Genius Programs or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Genius Programs Services (e.g. Content or Software), in whole or part.

Genius Programs herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Genius Programs for use in accessing our Services.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE OF GENIUS PROGRAMS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. GENIUS PROGRAMS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GENIUS PROGRAMS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) GENIUS PROGRAMS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) GENIUS PROGRAMS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GENIUS PROGRAMS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF GENIUS PROGRAMS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM GENIUS PROGRAMS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GENIUS PROGRAMS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Genius Programs product(s) (such as: My Food Program, Ready Records websites and apps) are designed to track and record activities and events related to participating in the CACFP (Child and Adult Food Program) and/or SFSP (Summer Food Service Program) funded by the USDA (United States Department of Agriculture) and administered by various State Agencies. As such, we do not guarantee that all events entered into our system are reimbursable under the USDA guidelines. We have made our best efforts to have our software reflect the regulations, but these are ultimately up to the administering state agency in your locality and the USDA to interpret. Genius Programs can not be held responsible for the financial or punitive results of an event entered by users in violation, either accidentally or intentionally, of the program in the opinion of the USDA or the administering agency in your locality.

Release

In the event you have a dispute, you agree to release Genius Programs (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Special Admonition Related to Financial Matters

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Genius Programs’ content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Genius Programs and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

Exclusion and Limitations

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Third Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

Communications Notice

Genius Programs may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, and up to 5 MMS and/or SMS text messages, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Trademark Information

You herein acknowledge, understand and agree that all of the Genius Programs trademarks, copyright, trade name, service marks, and other Genius Programs logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Genius Programs. You herein agree not to display and/or use in any manner the Genius Programs logo or marks without obtaining Genius Programs’ prior written consent.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

Genius Programs will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Genius Programs may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Genius Programs Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:
Genius Programs, LLC
Attn: Copyright Agent
260 Wentworth Ave E Ste 155
West Saint Paul, MN 55118-3525

Telephone: 651-433-7345
Fax: 651-764-7427
Email: info@myfoodprogram.com

General Information

Entire Agreement
This TOS constitutes the entire agreement between you and Genius Programs and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Genius Programs Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Genius Programs Services, affiliate Services, third-party content or third-party software.

Choice of Law and Forum
It is at the mutual agreement of both you and Genius Programs with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Genius Programs shall be filed within the courts having jurisdiction within the County of Dakota, Minnesota or the U.S. District Court located in said state. You and Genius Programs agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms
At any time, should Genius Programs fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 3 years and 3 months after said claim or cause of action arose or shall be forever barred.

Violations
Please report any and all violations of this TOS to Genius Programs, LLC as follows:

Mailing Address:
Genius Programs, LLC
260 Wentworth Ave E Ste 155
West Saint Paul, MN 55118-3525

Telephone: 651-433-7345
Fax: 651-764-7427
Email: info@myfoodprogram.com