Last Modified: July 1, 2020 (©March 2014-Present)
Please review the terms and conditions for using www.genheration.com. This website provides a wide variety of features, products, and services (“GenHERation® Services”) subject to the following conditions.
By accessing and using GenHERation® Services, you accept and agree to the following terms.
- Intellectual Property. Several items included in GenHERation® Services utilize GenHERation®’s intellectual property. Use of GenHERation® Services does not grant you any license or right to use this intellectual property. Our intellectual property includes:
- Trademarks: Graphics, logos, page headers, button icons, scripts, and service names included in GenHERation® Services comprise GenHERation® trademarks or trade dress in the US. GenHERation® owns the trademarks, including, without limitation, GenHERation® and GENHERATION, and is the only entity granted legal access to use these marks. This includes using these marks in a way that varies the capitalization or pluralities of the word. We take the management of our intellectual property very seriously and any cases of infringement are subject to legal action. The party/parties who conducted the infringement may be responsible for attorneys’ fees and costs.
- Copyright: Any graphics, text, logos, images, audio clips, downloads, software or their derivatives and other content made available through GenHERation® Services remain protected by US copyright law and remain property of GenHERation®.
- Electronic Communications. You consent to receiving emails, text messages, and other electronic communications from GenHERation®. You agree that any electronic communications you receive from us satisfy any legal requirements for written notice.
- Comments, Communications, and Other Content. Our website allows visitors to post comments, photos, video, and other content. Visitors may do so only if the posted content is not illegal, obscene, threatening, defamatory or otherwise injurious to third parties. In addition, visitors agree not to post content containing software viruses, commercial solicitation or any form of “spam.” In connection with your grant of this right, you agree to indemnify GenHERation® for all claims arising from content you supply.
- Usage Restrictions. By using GenHERation® Services you also agree to refrain from using malicious software to circumvent security measures or harm other users. This includes agreement not to:
- manipulate identifiers to disguise the origin of content transmitted through GenHERation® Services,
- interfere with GenHERation® Services or servers connected to these services,
- collect or store other users’ personal data,
- circumvent any security components set by GenHERation® or other content providers who serve GenHERation® Services,
- use GenHERation® Services from devices without up-to-date operating systems and security software,
- access non-public areas of the website,
- probe or test the vulnerability of the website,
- decompile or reverse engineer any of the software used on our website,
- provide inaccurate information via HTTP headers.
- Your Account. By using GenHERation® Services, you represent that you are age 13 or older. You also agree to provide accurate information about yourself when registering for an account and to promptly update your registration information should it change.
If you use GenHERation® Services, you accept responsibility for any activity that occurs under your account or password and agree to maintain the confidentiality of your password. GenHERation® may refuse service, terminate accounts, and remove content at its discretion.
- Risk of Loss and Refunds. When purchasing merchandise from our website, you agree that the risk of loss and title for any items passes to you upon our delivery to the carrier.
- Pricing and Billing. We will bill your payment method once your purchase enters the shipping process. “List Price” means GenHERation®’s idea of a representative online price for similar products, or the supplier’s suggested retail price when available.
Pricing errors and out-of-stocks sometimes occur on our website. We may cancel any orders containing pricing errors at any time and with no further obligation.
- Other Businesses. From time to time, GenHERation® may provide links to the sites of affiliated companies or sell their product lines directly. We assume no responsibility or liability for the actions or products of these third parties.
- Disclaimer of Warranties and Limitation of Liability. We’ve capitalized this section because of its importance. Please read it carefully.
GENHERATION® MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO THE OPERATION OF GENHERATION® SERVICES OR THE PRODUCTS, CONTENT, OR INFORMATION PROVIDED ON THIS WEBSITE. YOU AGREE THAT YOU USE GENHERATION® SERVICES AT YOUR OWN RISK.
IN ADDITION, GENHERATION® DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMISSIBLE BY LAW.
GENHERATION® DOES NOT WARRANT THAT ANY CONTENT SENT THROUGH THIS WEBSITE COMES FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GENHERATION® DISCLAIMS LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GENHERATION® SERVICE.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THESE DISCLAIMERS MAY NOT APPLY TO YOU.
- Dispute Resolution. You agree to use reasonable and good faith efforts to resolve any disputes through informal negotiation within 30 days of sending notice by email and US Mail. After 30 days, you may use the alternatives described below.
IF UNRESOLVED AFTER INFORMAL DISCUSSIONS, ANY DISPUTE OR CLAIM RELATING TO YOUR USE OF ANY GENHERATION® SERVICE OR TO ANY PRODUCT SOLD ON THIS WEBSITE WILL RESOLVE IN BINDING ARBITRATION, RATHER THAN IN COURT.
ARBITRATION PROCEDURES HAVE NO JUDGE OR JURY, AND COURT’S HAVE LIMITED ABILITIES TO REVIEW ARBITRATION DECISIONS.
Within ten days of the conclusion of informal negotiations, each party will select a neutral arbitrator. The two designated arbitrators will select a single third arbitrator to conduct the arbitration under American Arbitration Association (AAA) rules. AAA rules will also govern the payment of all filing, administration, and arbitrator fees. You may access AAA rules and fee information at www.adr.org or by calling 1(800) 778-7879.
YOU AGREE TO CONDUCT ANY DISPUTE RESOLUTION PROCEEDINGS ONLY AS AN INDIVIDUAL AND NOT IN A CLASS OR CONSOLIDATED ACTION. You also agree that either party may bring suit in court to enjoin infringement of intellectual property rights.
You may opt out of any provisions requiring arbitration by sending written notice of your decision within 30 days of first using any GenHERation® website. You must send any opt-out requests to firstname.lastname@example.org.
- Beginning Arbitration. To begin an arbitration proceeding, you must send a letter describing your claim and requesting arbitration to our registered agent: The Company Corporation, 2711 Centerville Road STE 400 Wilmington, DE 19808. You must also send an email containing the same information and with “Legal Claim” in the subject line to email@example.com.
- Questions. Please feel more than free to contact us with any questions about these terms at firstname.lastname@example.org.