Legal
Terms of Service
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL BINDING ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND GENCOM PLATFORM, LLC, AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Welcome and thank you for using this online services platform, provided by Gencom Platform, LLC, or its affiliates that provide access or links to these Terms and Conditions (collectively, “Gencom,” “us,” or “we”). By visiting or using https://gencomgrp.com/ (the “Site”), you accept these Terms, including the arbitration provision and class action waiver herein, so please read them carefully.
By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you should stop using the Site. If you do not agree to these Terms, then you should not use the Site. If at any time you do not accept all of these Terms, you should immediately stop using the Site.
Privacy
For information on how we handle, use, and share information we collect from you or about you when you use the Site, please review our Online Privacy Policy.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically about a service or response to a question or comment, or because you have chosen to receive promotional or informational emails. We will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Dispute Resolution by Binding Individual Arbitration and Class Action Waiver (“Dispute Resolution”)
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND GENCOM TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.
This section sets out our agreement for resolving all disputes relating to your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of our website, past, present or future, in law or in equity, including the determination of the scope, validity, or applicability of this agreement to arbitrate, you and Gencom agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, the parties may ask a court to appoint an arbitrator that will administer the proceeding consistent with this section.
You and Gencom also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the state of Florida shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.
If the arbitration takes place in-person, it shall be held in the City of Miami. If you commence an arbitration action against Gencom, you must provide notice to Gencom at:
If Gencom commences an arbitration action against you it will send the notice to your last address of record with Gencom.
By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court. In addition, you and Gencom agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.
For purposes of this Dispute Resolution section, Gencom includes its/their past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to Gencom; (b) companies with which Gencom shares data regarding your use of Gencom’s websites, including by way of illustration and not limitation, website analytics companies.
Venue
To the extent that a dispute relating to your use of the Site, these Terms and Conditions, or Gencom’s Privacy Policy, is not addressed or covered by the Dispute Resolution by Binding Individual Arbitration and Class Action Waiver, the parties agree that any such dispute shall be resolved in a court of competent jurisdiction in and for Miami-Dade County, Florida, and the parties submit to the personal jurisdiction and venue in such courts for such actions.
Links to Third Party Websites
Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked websites are not under our control, and we are not responsible for the contents of any linked website, or any link or information contained in a linked website, or any changes or updates to such websites. We encourage you to review such third party’s online terms and privacy policies.
Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED BY GENCOM ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, GENCOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXPRESSLY EXCLUDING GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, IN NO EVENT WILL GENCOM OR ITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY OTHER SITE LINKED TO IT. EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN GENCOM’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WILL NOT EXCEED $50.00.
THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS SECTION ARE ESSENTIAL PROVISIONS OF THESE TERMS, WITHOUT WHICH THE SITE WOULD NOT BE MADE AVAILABLE. THE PARTIES FURTHER AGREE THAT THESE ESSENTIAL PROVISIONS ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.
Indemnification
You agree to defend, indemnify and hold harmless Gencom and its members, shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Site or (b) your failure to comply with these Terms
Access to Content on the Site
You acknowledge that by using the Site you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”). You acknowledge that Gencom and Gencom’s licensors and users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.
Our Ownership Rights
All right, title and interest in and to the Site is the exclusive property of Gencom and its licensors. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the Gencom Content (excluding any software code) solely for your personal use. All trademarks, logos, service marks, trade names, and trade dress appearing on the Site, are proprietary to Gencom or its licensors. Gencom reserves all rights not expressly granted in and to the Gencom Content and the Site.
Feedback
All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. Gencom is free to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam.”
Images on Site
Images available on or through the Site may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such Site.
Severability and Survival
Except as otherwise provided herein, if any section or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that section or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining sections or provisions.
In addition to such other sections or provisions hereof which, by applicable law or by their terms, survive any termination or expiration of these Terms, the following sections or provisions shall survive termination of these Terms: (a) Dispute Resolution by Binding Individual Arbitration and Class Action Waiver; (b) Disclaimer of Warranties and Limitation of Liability; and (c) Governing Law.
Site Policies and Modification
Please review our other policies, such as our applicable privacy policies, posted on the Site and App.
To the extent these Terms conflict with other policies, such as the Privacy Policy or Gencom Rewards Terms & Conditions, these Terms control.
We reserve the right to make changes to our Site, policies, and these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions or policies means that you accept and agree to the changes.
If Gencom amends the Dispute Resolution section of these Terms, those amendments will not apply to any dispute that Gencom had actual notice of on the date of the amendment. If Gencom terminates the agreement to arbitrate, the agreement to arbitrate will remain effective for disputes which arose prior to the date of termination.
We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.