CPE Webinars for Financial Professionals

Terms

GenCast is owned and operated by Encoursa LLC, a Michigan limited liability company. GenCast ("GenCast", "we," or "us") refers to employees, independent contractors, agents, and representatives ("our Team"). By using GenCast.io (http://gencast.io/) or registering for a webinar listed on GenCast.io, you’re agreeing to these Terms.

We provide an online platform that you may use to browse and register for webinars (the "Services"). We offer the Services on our website http://gencast.io/ (we’ll refer to it as the "Website").

As a subscriber of the Service, or a representative of an entity that’s a customer of the Service, you're a "Member" according to this agreement (or "you"). These Terms of Service ("Terms," including our Privacy Policy) define the terms and conditions under which you’re allowed to use GenCast and how we’ll treat you while you’re a Member.

The materials (“Content”) made available on the Website or via webinar software (the “Software”) is for your personal, internal, non-commercial use and is intended for informational purposes only.  You may not copy, modify, distribute, reproduce, sell, post, or otherwise use the Content in any form or on any medium, in whole or in part, without the prior written permission of GenCast.  We reserve the right to modify or remove the Content at any time and nothing in these Terms and Conditions provides you with any rights to the Content.

By registering for and participating in webinars, seminars, and audio conferences through the Website and Software, you acknowledge that GenCast may record such sessions and that you consent to such recordings and GenCast’s use of those recordings for promotional, training or other purposes.

ACCOUNT


1. Eligibility

In order to use GenCast, you must:

  1. Be at least eighteen (18) years old and able to enter into contracts;
  2. Complete the registration process for any webinar;
  3. Agree to the Terms; and
  4. Provide true, complete, and up to date contact information.

By using GenCast.io, you represent and warrant that you meet all the requirements listed above, and that you won’t use GenCast in a way that violates any laws or regulations. You also agree not to use GenCast for any purpose it was not designed for. GenCast reserves the right torefuse service, cancel registration, and change eligibility requirements at any time.

2. Term

The Term begins when you visit Gencast.io and continues as long as you register for a webinar and remain on our mailing list. Clicking the registration button for any webinar means that you’ve officially "signed" the Terms. If you sign up for a GenCast webinar on behalf of a group of attendees, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. CPE Policy

In accordance with the NASBA (National Association of State Boards of Accountancy, nasba.org) standards, we will administer a minimum of four polling questions for one CPE credit hour (based on a 50-minute hour). For programs that are greater than one hour in duration, but less than two hours (e.g. 1.5 hours), a minimum of six polling questions will administered. For courses that are 2 hours, a minimum of eight polling questions will be administered. "Active participation" will be defined as attendees who answer three of four polling questions for programs that are one hour in duration, and those who answer four of six polling questions for courses that are greater than one hour, but less than 2 hours in duration. Six of eight polling questions must be answered for programs that are 2 hours in duration. CPE will be issued only to individuals who meet this requirement.
The decision to offer small group viewing will be made on a webinar by webinar basis. If group viewing is offered for a webinar, the registration page will provide this option, with the primary registrant serving as the small group facilitator. The small group facilitator must confirm attendance for each participant for the duration of the program. CPE will only be issued to group attendees whose attendance and engagement has been documented and verified (by signature) by the small group facilitator. Records will be maintained for a minimum of five years in accordance with the GenCast document retention policy.

4. Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you opt out of our mailing list (see the Privacy Policy for more detail on Opting Out) within ten (10) days, the new Terms will be effective immediately and apply to your use of GenCast. We may change the Website, the Service, or any features of the Service at any time.

PAYMENT


7. Paid Webinars

Charges for webinars, if any, are posted on our Website and may be changed from time to time. For webinars with associated charges, you agree to processing payment as part of the webinar registration process. Webinar registration information, and access to the Content, will be provided after payment processing is complete.

8. Credit Cards

You agree to provide us with valid credit card information and authorize us to deduct the charges, if any, against the credit card you provide. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email so that your payment can be processed.

9. Cancellation and Refunds

Our cancellation policy is intended to keep costs low for attendees. Due to financial obligations incurred by GenCast you must cancel your registration prior to the start of the event. Should you choose to cancel your event registration, you will be eligible to receive a full refund up to one week before the start of the event. After this date you have two options:

  1. You may send an alternate to the event without an additional charge.
  2. You may receive a refund of 50% of the registration fee to your original payment method.

No refunds or credits will be given for cancellations received on or after the start date of the event. Those who do not cancel and do not attend are responsible for the full registration fee. You will not be charged for cancelling your registration to a free event.

In the event that GenCast has to cancel an event for unforeseen reasons or due to an insufficient number of registrants, the cancellation will be communicated by email, and a full refund will be processed using your original payment method.

To request a cancellation or to make a registration change, please email our events team at webinars@gencast.io

10. Complaint Resolution 

Any complaints should be directed to GenCast using the following contact methods:

Office Telephone: (616) 401-3223
e-mail: webinars@gencast.io
US Mail: GenCast, 2627 E Beltline Ave SE #230 Grand Rapids, MI 49546
GenCast will make every effort possible to investigate the cause of all complaints and to take any corrective action that may appropriate.

11. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

12. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the Software used to provide GenCast webinars. All intellectual property found on the Website, including, without limitation, patents, trademarks, service marks, logos and copyrighted material are the property of GenCast or third parties.  Except as explicitly stated herein, you are not granted any license or other right to use such intellectual property without the prior written consent of GenCast or the applicable third party owner.  

If you believe copyrighted material owned by you or someone you represent is being infringed upon by the Website, please notify us at webinars@gencast.io or (616) 401-3223.

14. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms. In summary, attendee contact information and data provided during and after the event may be shared with the presenters of the courses for which the attendee has registered for their specific marketing purposes. GenCast does not control how attendee data is used once it has been provided.

15. Right to Review Campaigns

We may view, copy, and internally distribute content from your campaigns and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

RULES AND ABUSE

16. General Rules

You promise to follow these rules:

  • You won’t violate our Terms of Service or Privacy Policy.
  • You won't use our Service in an unintended way
  • You won't infringe on the intellectual property of GenCast or our trusted third parties

If you violate any of these rules, then we may suspend or terminate your account.

16. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a GenCast user, we want to hear about it. If you think anyone has posted material that violates any copyrights. Please report it to webinars@gencast.io

17. Compliance with Laws

You represent and warrant that your use of GenCast will comply with all applicable laws and regulations. 

LIABILITY

18. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website or Software. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. 

19. No Warranties

To the maximum extent permitted by law, we provide the material on the Website, and the Content as is. We don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, title, and non-infringement. 
In addition, GenCast, disclaims any warranties regarding the accuracy or appropriateness of any of the Content. GenCast is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of the Website, the Content or any arising out of or in any way connected with the use of the Website, the Content or any related software, products or services or with the delay or inability to use the Website, the Content, or for any information, software, products and services obtained through the Website, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if GenCast had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

20. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. 

21. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

22. Liquidated Damages

In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:

23. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

24. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

25. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

26. Endorsements

The Website contains links to other websites, which does not indicate an endorsement of third party websites, services, products, policies, or information. You acknowledge that GenCast is not responsible for the content made available by third parties. You should contact those third parties directly for information on their terms of use, privacy policy, and other relevant information.  By using the Site, you agree that you will not attempt to hold GenCast responsible or liable for the content of such third party websites.

27. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

28. Choice of Law

The State of Michigan’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms of Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Kent County, Michigan, and each party will be subject to the jurisdiction of those courts.

29. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, riots, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

30. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

31. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

32. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

33. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

34. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

35. Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened. 

36. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. GenCast, PO Box 68473, Grand Rapids, MI 49528, or any addresses as we may later post on the Website.

37. Entire Agreement

These Terms and our Privacy Policy, (all of which are incorporated into these Terms by reference), and any Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.