GENESIS PRIORITY ONE TERMS AND CONDITIONS

Thank you for your interest in joining Genesis Priority One. These Terms and Conditions (“Terms”) describe and explain the process for joining Genesis Priority One. Please review these Terms carefully before clicking the checkbox and submitting your request to join. You must agree to these Terms in order to join Genesis Priority One. By clicking the checkbox and clicking “Submit Request,” you acknowledge that you have read and agreed to these Terms. If you object to any of these Terms, you should not join Genesis Priority One.

Subject to vehicle availability and subject to these Terms, Genesis Motor America (“Genesis”) is offering you the opportunity to join Genesis Priority One, which will allow you to submit your preferred configuration of the 2023 Genesis G90 (the “Vehicle”) and provide a refundable deposit of $1,000 (“Deposit”) before the Vehicle becomes available for sale to the general public, allowing you the opportunity to become one of the first in line to purchase the Vehicle from a participating certified Genesis retailer (“Retailer”).

The Vehicle will initially be available at Retailers in extremely limited quantities. Due to the extremely limited supply of the Vehicle, only a limited number of people will be able to join Genesis Priority One. Joining Genesis Priority One and/or submitting a Deposit is not a vehicle order or purchase, and does not guarantee availability of the requested vehicle configuration and trim package options, delivery, precedence, or the ultimate sale of the requested vehicle.

RETAILERS SET THE ACTUAL PRICE WHICH MAY DIFFER FROM THE MANUFACTURER’S SUGGESTED RETAIL PRICE (“MSRP”) AND ANY ESTIMATED MSRP. The manufacturer’s suggested retail price (and all estimates of MSRP) does not include taxes, title, license, destination, other options and other dealer fees and charges.



1.       Joining Genesis Priority One.
Joining Genesis Priority One and/or submitting a Deposit is not a vehicle order or purchase. Genesis Priority One is intended to allow you to digitally configure your preferred 2023 Genesis G90 before the Vehicle becomes generally available for sale, and to place you in contact with a Genesis Concierge agent who can help curate a personalized and simplified purchase journey by assisting you in submitting a Deposit and matching you with a Retailer to complete your purchase of the Vehicle. Purchases must be completed by December 31, 2022.

Genesis Priority One gives you the ability to digitally configure your preferred 2023 Genesis G90 vehicle by selecting from drivetrain, exterior color, interior color, and trim package options. Vehicle design and all configuration and package options, including price, as well as equipment, options and availability, may be subject to change and are NOT guaranteed.

After you complete your digital configuration, you will be asked to submit a Priority One Interest Form (“Interest Form”) with your contact information, including first and last name, email address, phone number.

Once you submit your Interest Form with your preferred configuration, a Genesis Concierge agent will contact you by telephone or email to help answer questions about the 2023 Genesis G90 and to confirm your interest in joining Priority One. When confirmed, the Genesis Concierge will send you a Priority One Deposit Form (“Deposit Form”) to place your $1,000 fully refundable Deposit. In order to join Genesis Priority One, you must complete and submit the Deposit Form, providing your contact information, including first and last name, billing address, email address, phone number, as well as credit card information to authorize your Deposit. Once the Vehicle becomes available for sale to the general public, or once Genesis Priority One reaches capacity (whichever is sooner), new participants will no longer be able to join; however, interested consumers will still be able to sign up to receive future updates on the Vehicle’s availability.

Once you submit your Deposit Form and Deposit, you will receive an email receipt to keep for your records, and a Genesis Concierge agent will contact you by telephone or email to confirm your inclusion in Genesis Priority One and to confirm your preferred Vehicle configuration. At that time, the Genesis Concierge agent may also ask for additional information such as trade-in information and financing preference, as well as other available configurations you may be interested in.

The Genesis Concierge agent will then work with you to identify a Retailer where your preferred Vehicle configuration will be available. Should you agree to work with that Retailer, the Genesis Concierge agent will connect you directly with the Retailer to move forward with the transaction. When the Vehicle becomes available for purchase from Retailer stock, the Retailer will notify you and will work with you to ensure you are satisfied with the Vehicle you have selected. Should you ultimately choose to complete the transaction, the Retailer will work with you to complete the transaction.

If you are looking for updates or want to modify your Vehicle configuration preferences or Retailer location preferences after you submit your request to join Genesis Priority One, or if you have not been contacted by a Genesis Concierge agent, please contact a Genesis Concierge agent directly by calling 1-888-344-2599 or emailing PriorityOne@genesis-concierge.com.

Joining Genesis Priority One and/or submitting a Deposit is NOT a vehicle purchase and does not guarantee delivery.
In order to purchase a new 2023 Genesis G90, you must receive final transaction pricing and terms from a Retailer, arrange any necessary financing, and execute a contract with the Retailer for the purchase or lease of the Vehicle. Your submission of a request to join Genesis Priority One and/or your submission of a Deposit does not guarantee a price for the 2023 Genesis G90. RETAILERS SET THE ACTUAL PRICE WHICH MAY DIFFER FROM THE MANUFACTURER’S SUGGESTED RETAIL PRICE AND ANY ESTIMATED MSRP. The manufacturer’s suggested retail price (and all estimates) does not include taxes, title, license, destination, other options and other dealer fees and charges. When you complete your purchase or lease transaction, the Retailer will apply your Deposit to the final transaction price for the Vehicle.

You may elect to cancel your participation in Genesis Priority One and receive a full refund of your Deposit at any time prior to completing your purchase. Simply contact the Genesis Concierge center at 1-833-462-8725 or email GenesisPriorityOne@GMA.com with your request.


2.       No Obligation to Purchase.
Joining Genesis Priority One and/or submitting a Deposit does NOT require you to make a vehicle purchase or to complete a purchase, finance, or lease contract. If you change your mind at any time before you sign a contract with the Retailer, you may cancel and request a refund of your Deposit by contacting the Genesis Concierge center at 1-833-462-8725 or by email GenesisPriorityOne@GMA.com with your request.   All cancellations are final.  When you cancel, the Vehicle you requested may be made available by the Retailer to other customers. In the event you have not completed a purchase or lease transaction for the Vehicle by December 31,2022, your participation in Genesis Priority One will end, and the Vehicle you requested will be forfeited, and your Deposit will be automatically refunded to the original payment source you provided.


If you change your mind about the configuration of the Vehicle that you requested, or if you would like to work with a different Retailer than the one the Genesis Concierge agent connected you to, simply contact the Genesis Concierge center for assistance. Your Deposit may be applied against the purchase or lease of a different configuration of the Vehicle, or a purchase or lease of the Vehicle from a different Retailer. However, your Deposit cannot be applied against the purchase or lease of any Genesis vehicle other than the 2023 Genesis G90, nor any non-Genesis vehicle or pre-owned Genesis vehicle. If you would prefer to purchase or lease a vehicle other than the 2023 Genesis G90, please contact the Genesis Concierge center to request a refund of your Deposit.


3.       No Guarantees.
You understand that we may not have completed the development and/or manufacture of the Vehicle at the time you request to join Genesis Priority One and submit your preferred Vehicle configuration. By agreeing to these Terms, you represent and warrant to us that you understand that the Vehicle configuration you select may change prior to execution of a sales agreement between you and a Retailer. Accordingly, Genesis and the Retailer make no guarantee that any 2023 Genesis G90 will be configured to your preferred specifications.  Genesis and the Retailer make no guarantee as to the timing of when the Vehicle you configured will be available, and there is no guarantee on any pricing or incentives which may be available until the time the Vehicle is actually purchased.  Genesis and the Retailer also make no guarantee that any Vehicle you configure will be delivered to you or set aside by the Retailer for your exclusive purchase.  Genesis and the Retailer reserve the right to cancel a Genesis Priority One request at any time, for any reason, provided that you will be notified of such cancellation and you will receive a refund of your Deposit back to the original source of payment you provided.


4.       Program Eligibility; Assignment.
Genesis Priority One is only available to individuals residing in the United States who are 18 years of age or older. Vehicles must be purchased from and delivered through a Retailer in the United States. Genesis Priority One is only open to individuals; companies, groups and organizations are not eligible to participate.  You may not transfer or assign your configuration request or any other rights under these Terms.


5.       Information Sharing.
Your name and contact information will be collected when you submit your request to join Genesis Priority One, and will be shared with Genesis, the Genesis Concierge center, and the Retailer.  The handling of this information is governed by the Genesis Motor America Privacy Policy, available at: https://www.genesis.com/us/en/my-privacy-rights.html. You represent and warrant that all such information you provide is accurate, and you shall ensure that such information is kept current.  Genesis shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact information.

Your credit card information collected during your submission of the Deposit is processed by Square Capital, LLC, via our partner at Square, Inc. Your credit card number is never stored and is not seen by or shared with Genesis Motor America, any Genesis Concierge agent, or the Retailer.  You can learn more about Square’s privacy policy at https://squareup.com/us/en/legal/general/privacy.

Genesis never receives or holds your Deposit or payment information. Your Deposit is held in a secure merchant account with Square Capital, LLC until you complete your transaction with the Retailer, at which time the Deposit is transferred directly to the Retailer and applied to your transaction.


6.       Right to Modify, Cancel Genesis Priority One.
Genesis reserves the right to modify or cancel all or part of Genesis Priority One at any time and without prior notice or obligation to you. Your participation in Genesis Priority One after any changes are implemented will be deemed as your acceptance of such changes. The vehicle configuration portal and/or other online offerings related to Genesis Priority One may not be available during maintenance windows and at other times.


7.       Force Majeure.
Your participation in Genesis Priority One, including without limitation your submission of a Vehicle configuration and/or Deposit, does not create liability for Genesis for any failure to perform due to an event beyond our control, including, but not limited to, any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act or order of federal, state, or local civil or military authority, uprising, unavailability of materials, epidemic or pandemic, travel ban, quarantine, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.


8.       Limitation of Warranties.
GENESIS PROVIDES GENESIS PRIORITY ONE AND THIS WEBSITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, 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 OR FUNCTIONS ASSOCIATED WITH OR CONTAINED WITHIN THIS WEBSITE 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.


9.       Limitation of Liability.
IN NO EVENT SHALL GENESIS, OR GENESIS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES BE LIABLE TO YOU FOR LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR PARTICIPATION IN GENESIS PRIORITY ONE, INCLUDING WITHOUT LIMITATION YOUR SUBMISSION OF A VEHICLE CONFIGURATION AND/OR DEPOSIT, OR THESE TERMS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU AS A DEPOSIT IN CONNECTION WITH JOINING GENESIS PRIORITY ONE.

Some states do not allow the limitation of liability, so check local laws.


10.    Dispute Resolution and Applicable Law.
Any disputes arising in connection with Genesis Priority One and/or these Terms are subject to the “Dispute Resolution Policy: Binding Arbitration” policy set forth within the Genesis Website Terms of Use, available at https://www.genesis.com/us/en/terms-conditions.html (including with respect to the choice of law and venue for any dispute arising under the foregoing Dispute Resolution Policy), key provisions of which are reproduced below:

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting the Genesis Customer Service Department at https://owners.genesis.com/us/en/contactus.html. IN THE UNLIKELY EVENT THAT THE GENESIS CUSTOMER SERVICE DEPARTMENT IS 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.

Interpretation or application of any provision of these Terms 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 the Dispute Resolution Policy mentioned above (including without limitation for petitions to confirm or vacate arbitration awards), you 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 Dispute Resolution Policy shall survive termination of your relationship with Genesis, or termination of the Genesis Priority One offering.


11.    Entire Agreement, Modification, and Severability.
Genesis reserves the right, at its discretion, to change these Terms at any time. If any provision of these Terms, or any portion thereof, is found to be unenforceable, it shall be stricken without affecting the validity of the remaining portions of these Terms.  These Terms, which incorporate, to the extent applicable, the Genesis Website Terms of Use and the Genesis Motor America Privacy Policy, represent the entire agreement governing your participation in Genesis Priority One.


Maryland Residents -- Until you sign a vehicle sales agreement and receive a copy of it signed by the Retailer, you have an unconditional right to cancel and receive an immediate refund.

Massachusetts Residents -- Until you sign a vehicle sales agreement and receive a copy of it signed by the Retailer, you have an unconditional right to cancel and receive an immediate refund.

New Hampshire Residents -- Your Deposit will be returned if a sale does not occur.

New York Residents -- This is not an order form. There is no guarantee that the motor vehicle offered to you will match the description indicated on this form or will contain these and no other options. Should you decide not to purchase the motor vehicle, you have the right to obtain a full refund of your Deposit.

 

 

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