For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Site; (b) any and all transactions between you and Genesis relating to or arising out of the Site, including for the provision or support of any products or services relating to your relationship with Genesis, and (c) your access to and use of text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials, works of authorship and other information, and all revisions, modifications, and enhancements thereto contained in the Site.
You may not use or enroll in or purchase any products or services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with Genesis. If you accept this Agreement, you represent that you have the capacity to be bound by it (or, if you are acting on behalf of a company or entity, that you have the authority to bind). Before you continue, you should print or save a local copy of this Agreement for your records.
1. OWNERSHIP OF THE SITE
The Site is protected by United States and international copyright, trademark, and other intellectual property laws. The Site may offer featured articles, event information and registration, event recaps, live and pre-recorded streaming events, blog posts, restaurant information, upcoming event calendars, test drive information, reservation functionalities, pictures, information, images, surveys, contests and sweepstakes, advertising, audio, video, text, data, music, sound, graphics, photographs, videos, software, and other content and materials related to the Genesis House offerings, as well as trademarks, logos, trade names, or service marks (collectively, the “Marks”) (all of the foregoing, including the Marks, collectively referred to hereinafter as “Content”). All Content and Marks mentioned, used, displayed, posted on or otherwise available via the Site is either owned by Genesis or used by Genesis with authorization. The Content on the Site is made available only for your own personal, non-commercial use on the condition that you comply with the terms and restrictions provided in this TOU. Any attempt to modify the Content or to use the Content for any commercial purpose, or any other purpose not specified herein, constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages, and other penalties, which we may seek in a court of competent jurisdiction to enforce these and other intellectual property rights (subject to the exception(s) set forth in Sections 4 and 5 below). No right, title or interest in or to the site or any Content is transferred to you, and all rights not expressly granted in these TOU are reserved by Genesis. Please note that downloading software, information, data, images, or other Content from the site does not give you title or other rights to such Content. Genesis makes no representations or warranties that the Content is available, appropriate, or legal to access.
2. RESTRICTIONS ON THE USE OF THE SITE
As a condition of using the Site, you agree that you will not:
(a) Without the prior written consent of Genesis, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) Remove, obscure, or otherwise modify any copyright, trademark, confidentiality, or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content;
(c) Submit, display, or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or that you do not own or have the necessary and appropriate rights to make available under any law or under contractual or fiduciary relationships;
(d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
(e) Create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site;
(f) Use the Site to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
(g) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful content;
(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site;
(i) Use the Site in any way that violates any applicable law regulation; or
(j) Use or copy Content other than as expressly authorized under these TOU.
3. SITE SECURITY USE RESTRICTIONS
In addition to the restrictions set forth above, you may not:
(a) Use any robot, “bot,” spider, crawler, engine, device, software, tool, routine, or any other automatic device or manual process of any kind on the Site for any purpose whatsoever without our written permission;
(b) Engage in any activity that interferes with the proper working of or access to the Site or to any host or network;
(c) Attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
(d) Access or attempt to access any system or servers on which the Site is hosted or modify or alter the Site in any way;
(e) Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(f) Restrict or prevent any other user from using the Site and/or any products, services, or Content posted on or offered through the Site;
(g) Post or upload any content that disrupts the normal flow of dialogue to the Site, or that otherwise negatively affects other users’ ability to use the Site; or
(h) Link to, frame, or otherwise reproduce the Site or any other website owned by or affiliated with Genesis without the prior written consent of Genesis.
Genesis reserves the right to investigate any violations of its system, network, or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
4. DISPUTE RESOLUTION POLICY: BINDING ARBITRATION
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING CUSTOMER SERVICE. TO CONTACT GENESIS HOUSE CUSTOMER SERVICE, PLEASE EMAIL email@example.com. IF YOUR CONCERN RELATES TO A VEHICLE OR DEALERSHIP ISSUE, OR IF GENESIS HOUSE CUSTOMER SERVICE IS UNABLE TO ASSIST YOU, YOU CAN REACH GENESIS MOTOR AMERICA’S CUSTOMER SERVICE DEPARTMENT AT firstname.lastname@example.org, OR CALLING (844) 340-9741. IN THE UNLIKELY EVENT THAT THE GENESIS HOUSE AND GENESIS MOTOR AMERICA CUSTOMER SERVICE DEPARTMENTS ARE UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. GENESIS WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS OR BROUGHT IN BAD FAITH. HOWEVER, IN ARBITRATION, BOTH YOU AND GENESIS WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) Genesis and you agree to arbitrate any and all disputes and claims between us arising out of or relating to this Agreement, use of the Site (including any mobile site or app), or products, services, or programs you purchase, enroll in or seek product/service support for, except for any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute between us relating to copyrights or other intellectual property (as set forth in Section 5 below) shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including claims seeking injunctive and/or other relief, may be brought in a court of competent jurisdiction. The agreement to arbitrate otherwise includes, but is not limited to:
(i) claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory;
(ii) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
(iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
(iv) claims relating to your vehicle for which you seek product or service support via the Site;
(v) claims arising out of or relating to the Telephone Consumer Protection Act;
(vi) claims relating to your data privacy or information security; and
(vii) claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “Genesis,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use or access of the Site. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Genesis are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement or your relationship with Genesis for any reason.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Genesis should be addressed to: Customer Care, Genesis Motor America, Legal Department, 10550 Talbert Avenue, Fountain Valley, CA 92728-0850 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Genesis (“Demand'”). If Genesis and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Genesis may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Genesis or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Genesis is entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
You may obtain more information about arbitration from www.adr.org.
(c) After Genesis receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement, including, but not limited to, any claim that all or any part of this arbitration provision or Agreement is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this Agreement permits class proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Genesis and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, Genesis will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Genesis for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND GENESIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(f) Notwithstanding any provision in this Agreement to the contrary, we agree that if Genesis makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a service or program or your use of the Site, you may reject any such change and require Genesis to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a dispute between us arises, by providing Notice to Genesis at the Notice Address in subsection (b) above.
5. PROCEDURES FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are a copyright owner, or are authorized to act on behalf of a copyright owner, please notify our designated DMCA agent immediately to report alleged copyright infringement taking place on the site at: email@example.com, or by mail at Genesis Motor America, Legal Department, 10550 Talbert Avenue, Fountain Valley, California 92708. DMCA notices must be in writing and must include the following information:
(a) Your full legal name and your electronic or physical signature;
(b) A description of the copyrighted work that you claim has been infringed;
(c) The URL of the site and a description of where the material that you claim is infringing is located on that site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
You must meet any age, geographic, or other eligibility requirements specified on each portion of the Site, as applicable, to RSVP to any Genesis House event, make a reservation at the Restaurant at Genesis House, sign up for a test drive, subscribe to any publication, product, or service that we may offer through the Site, to order anything online from the Site, to participate in certain contests, games or sweepstakes, or to access or participate in certain other services at or areas of the Site. By registering at the Site for such features or services, you represent that you comply with applicable terms, conditions, and/or restrictions.
Ticket purchases and other services requiring payment generally require use of a valid credit card. You are solely responsible for charges owed for all goods and services purchased through the Site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. If you are making online payments of any kind, you represent and warrant to the best of your knowledge that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. Furthermore, you agree and authorize us to: (i) submit a transaction using the card or financial information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or annual basis) for renewals, (iii) if necessary, obtain automatic updates from card issuers or financial institutions for cards or account information provided to us, and (iv) if necessary, bill you, in a prorated manner (as required), in accordance with the particular fee terms for the product or service you are purchasing or enrolling in. You may cancel your services for ongoing transactions/services at any time by calling Customer Care or by using any other method specified on the Site (such as by logging in to your account).
8. LINKS AND THIRD PARTY SITES
The Site may contain links to and from third party sites, including, but not limited to, sites operated by advertisers, vendors, and/or promotional or business partners. Websites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each third party site to be sure you understand the terms, conditions, policies, and requirements of that third party site. Genesis does not endorse, and the inclusion of any link on the site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and Genesis has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. Genesis has no control over: (a) the quality, safety, or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. Genesis does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers, or other third parties that link to or from any portion of the Site. You acknowledge and agree that Genesis has not reviewed all of the third party sites linked to or from the Site, does not endorse such third party websites, is not responsible for such third party websites, and under no circumstances shall Genesis be liable for the contents, products or services of any off-Site pages or of any third party websites linked to or from the Site. Your linking to any other off-Site pages or other third party websites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
Third Party Sites and Services
We may offer links to or from our websites to other websites within the Hyundai family as well as to websites, services, and resources operated by third parties. We offer links to third party websites so that you can conveniently visit our vendors and advertisers or locate other content likely to be of interest to you. We are not responsible for the privacy practices, content or policies of websites or services operated by third parties and urge you to inquire about their privacy and information sharing practices before providing any personal information. In the event that you provide personal information to any third party website or service, you understand that Hyundai is not responsible for such third parties’ use or misuse of your personal information. You further acknowledge and agree that Hyundai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website, service, or resource.
10. LIMITATION OF WARRANTIES
GENESIS PROVIDES THE GENESIS HOUSE WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR SUPPORTED THROUGH THE SITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, OTHER THAN (IF APPLICABLE) THE WARRANTY PROVIDED TO YOU UNDER THE GENESIS WARRANTY PROGRAM. GENESIS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY STATED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some states may not allow the exclusion of implied warranties, so check local laws.
GENESIS DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS OR SERVICES LISTED, SOLD, OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER GENESIS NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS, OR INFORMATION CONTAINED AT THE SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.
11. LIMITATION OF LIABILITY
Some states do not allow the limitation of liability, so check local laws.
12. INDEMNITY AND HOLD HARMLESS
You agree to hold Genesis and its affiliates, officers, directors, employees, representatives, agents, licensors, and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of the Site, any transaction occurring through the Site, the safety or quality of any goods or services purchased or sold through the Site, or the truth or accuracy of any claim made about such goods or services. To the maximum extent permitted by law, California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.” Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or firstname.lastname@example.org of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.
13. TERMINATION OF SERVICES
We may eliminate or terminate any Content or product/service posted on or made available through the Site without notice to you at any time in our sole discretion. Without limiting any other remedy, Genesis reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the Site or any area of the Site, and to refuse to provide our services to you if: (a) you breach these TOU or any of the rules or eligibility requirements of the Site or the services offered at the Site; (b) we are unable to verify or authenticate any billing information you provide to us; or (c) we believe that your actions may cause damage, harm, or legal liability to you or to any vendor, business, or promotional partner, advertiser, other user, the public, or us.
Except with respect to notices of alleged copyright infringement or for demands to arbitrate under the Dispute Resolution Policy, which must be submitted as described above, and unless explicitly stated otherwise in the Site, you must provide all notices or complaints to Genesis via email to email@example.com or mail at Genesis Customer Care, P.O. Box 20850, Fountain Valley, California 92728-0850. All notices from Genesis to you will be sent to the email or physical address you provide to us. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless we are notified that the email address is invalid. Genesis reserves the right to send you notice by mail via U.S. mail, overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
Genesis reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check the Site periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the Site following the effective date of any changes to these TOU constitutes your acceptance of those changes. Each time you access or use the Site, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current TOU. However, no unilateral amendment will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for then-pending or existing disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision at Section 4 shall be governed by subsection (f) therein.
16. GENERAL PROVISIONS
(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU, subject to the limitations set forth and applicable to Section 4 for Dispute Resolution. Headings are for convenience only, and are not intended to in any way confine, limit, construe, or describe the scope or extent of such section.
(b) No Waiver. No waiver by Genesis of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
(d) No Agency. You acknowledge and agree that Genesis, in providing the Site, is not acting for or on behalf of either you or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners, and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between Genesis and either you or any vendor, business or promotional partner, or advertiser at the Site.
(e) Governing Law/Venue/Forum/Jurisdiction. Your use of the Site and any dispute arising out of or relating to your use of the Site, or products and services you obtain or seek support for via the Site, will be governed by Section 4 of this Agreement (including with respect to the choice of law and venue for any dispute arising under the Dispute Resolution Policy) and the Federal Arbitration Act. Interpretation or application of any provision of this Agreement shall be governed by the laws of the State of California, irrespective of its conflicts of laws provisions. In the event that court intervention is required with respect to interpretation, application or enforcement of Section 4 of this Agreement (including without limitation for petitions to confirm or vacate arbitration awards), the parties hereby consent to the jurisdiction of the federal courts located in Orange County, California to the maximum extent permitted by law. This provision and the terms set forth in Section 4 of this Agreement for Dispute Resolution shall survive termination of your relationship with Genesis, or termination of the Agreement.