Acceptance of Terms and Conditions

By accessing Genesis Global Group (“GGG”) websites (“Sites”), you affirm that you are able and legally competent to accept and agree to the following Terms and Conditions (“Terms”). The Terms constitute an agreement between GGG and its affiliates (collectively, “GGG” or “we” or “us”) and you. If you do not agree to these Terms, do not use our Sites.

In the event there is any conflict or inconsistency between the Terms and any other terms of use that appear on our Sites, these Terms will govern. However, if you navigate away from our Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

Disclaimer of Content

THE MATERIALS ON OUR SITES ARE PROVIDED “AS IS”. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING OUR SITES AND THE MATERIALS CONTAINED IN OUR SITES. GGG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR SITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO OUR SITES. FEATURES AND SPECIFICATIONS OF PRODUCTS OR SERVICES DESCRIBED OR DEPICTED ON OUR SITES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

Intellectual Property

Trademark Notice

The trademarks, service marks and logos displayed on our Sites ("Trademark(s)") are registered and unregistered trademarks of GGG, its affiliates, or third parties. Nothing contained on our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of GGG or the applicable third party. Any unauthorized use of our Trademarks may violate trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Copyright Notice and Limitation on Use

All material on our Sites, including the selection, arrangement and design of our Sites is owned by GGG and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our Sites, in whole or in part, including any code and software. No use of the material on our Sites may be made without the express written permission of GGG. Any unauthorized use of the material on our Sites may violate copyright laws, the laws of privacy and publicity, and civil and criminal statutes.

Take Down Notice and Procedures

Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") 17 U.S.C. § 512(c)(1)(A), if you believe any materials accessible on our Sites infringe your copyright, you may request removal of those materials (or access thereto) from our Sites by providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Significant failure to follow these guidelines may result in inadequate notice of the copyright infringement alleged under 17 U.S.C. § 512(c)(3)(B).

Deliver this Notice, with all items completed to GGG’s Designated Copyright Agent:

Right to Change Terms

GGG reserves the right to update or modify the Terms at any time without prior notice. Your use of our Sites after the Terms have been updated shall be deemed to constitute acceptance by you of any modifications, additions or deletions to the Terms caused by such update.

Links to Other Sites

Our Sites may contain hyperlinks to third party-owned websites as a courtesy to you. GGG has no control over any third party-owned websites or content referenced, accessed by or available to through our Sites. GGG does not endorse, sponsor, recommend or otherwise accept any responsibility for any third party websites, their content or the availability of any third party websites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If you choose to link to third party websites from GGG’s Sites, please consult the policy statements and the terms and conditions of each third party website you visit.

Privacy Policy

By accessing our Sites, you are agreeing to be legally bound by the Privacy Policy. The Privacy Policy in its entirety is hereby incorporated into these Terms by reference. To read our Privacy Policy please click here.

Governing Law

These Terms shall all be governed and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be performed in the State of New Jersey. You agree that any legal action or proceeding between GGG and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New Jersey. GGG’s failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. GGG may assign its rights and duties under these Terms to any party at any time without notice to you. All provisions of the Terms pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of the Terms for any reason.

Disclaimer of Liability

GGG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.

IN NO EVENT WILL GGG BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON OUR SITES, ANY WEBSITES LINKED TO OUR SITES, OR THE INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM OUR SITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

GGG DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF MATERIAL) PROVIDED BY OUR SITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR THAT OUR SITES, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification

You agree to defend, indemnify, and hold GGG and its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, losses and settlements including without limitation, reasonable legal and accounting fees, resulting from your violation of the Terms.

Severability

If any provision of the Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms shall remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision of the Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

Scope of Services

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of our Sites and all charges related thereto. We may alter, suspend, or discontinue our Sites in whole or in part, at any time and for any reason, without notice. Our Sites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

The Availability of the Site and International Users

Our Sites are administered by GGG from Hamilton, NJ in the United States. Our Sites and their content are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to our Sites may not be legal by certain persons or in certain countries outside of the United States. If you access our Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on our Sites may refer to products or services that are not available in your country. GGG makes no representation that the materials on our Sites are available for use at other locations outside of the United States.

Account Registrations

Some of the functions of our Sites may require creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person's authorization. Failure to comply with the above shall constitute a breach of the Terms, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password.

You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify GGG of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.

Complete Agreement

The Terms constitute the entire agreement between you and GGG with respect to your use of our Sites.

Terms & Conditions And Privacy Policy For SMS Marketing

Text Marketing

By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages from Genesis Global Group at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply.

Genesis Global Group (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning marketing.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  1. Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  2. Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  3. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  4. Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  5. Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  6. Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, shall be brought in a court of competent jurisdiction in the State of New Jersey. Each party bears their costs to litigate a dispute, claim or controversy.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Privacy Policy

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.