GENESIS CONCIERGE TERMS AND CONDITIONS

Thank you for your interest in learning more about the Genesis Concierge Program (“Program”). These Terms and Conditions (“Terms”) describe the Program and the respective rights and obligations of you and of Genesis Motor America (“Genesis”) under the Program. Please review these Terms carefully. By participating in the Program, you acknowledge that you have read and agreed to these Terms. If you object to any of these Terms, you should not participate in the Program.

 

1. Program Description.  The Program is intended to provide individualized attention and assistance in connecting an appropriate Genesis retailer (“Retailer”) to customers interested in purchasing or leasing a new Genesis vehicle.  Genesis has engaged the services of specialized customer service personnel who are trained to provide customers with concierge services aimed at providing a customized car shopping experience suited to each customer’s individual needs and interests.  

2. Concierge Services. The Genesis Concierge is able to provide the following services on a non-exclusive basis: 

a. Helps to connect you with an appropriate Retailer  

b. Arranges test drives with the Retailer at your convenience  

c. Arranges for appointments with the Retailer for you to see the vehicle(s) you are interested in  

d. Helps to field any concerns and problem-solve obstacles you may experience with the Retailer during the car-buying process 

Genesis Concierge agents will communicate with you over the phone, or by text message, or by email, or through a combination of the foregoing, depending on your preferences. Video chat and in-person communications are not available. Genesis Concierge agents are available only through the phone numbers and email addresses provided through the Program and are not permitted to provide their personal contact information. Genesis Concierge agents are available during the following working hours: 

Mon-Fri 6:00 a.m. - 9:00 p.m. PST 

Sat 6:00 a.m. - 6:00 p.m. PST 

Sun 9:00 a.m. - 5:00 p.m. PST 

You may send a message to a Genesis Concierge outside of the hours listed above, but the Genesis Concierge agent has no obligation to respond to you until the next working day begins. Genesis Concierge agents provide solely the limited services described in this Section 2. Genesis Concierge agents are not salespeople and are not authorized to provide any information or make any representations regarding sale, financing, or lease offers or incentives. 

3. Signing Up for the Program. In order to participate in the Program, you must contact a Genesis Concierge agent by either (a) completing the “Contact a Genesis Concierge” form at the following URL: https://www.genesis.com/us/en/shopping-tools/genesis-concierge.html, or (b) calling 1-877-785-3399 and inquiring about the Genesis Concierge Program. You will be required to provide basic information about what you are looking for, such as the Genesis vehicle you are interested in, the nature of your inquiry, and your contact information in order for the Genesis Concierge agent to reach you.  

4. No Obligation. The Program is offered free of charge. Except for the eligibility requirements described in Section 5 of these Terms, there are no other requirements for you to participate. There is no membership requirement or obligation to make any ongoing commitment to the Program.  You are not obligated to use the services of the Genesis Concierge agents or to purchase or lease a Genesis vehicle through the Program. Your ongoing participation in the Program is entirely voluntary and you are free to end your participation at any time. You are also free to unsubscribe from any email communications from the Genesis Concierge agents by clicking on “unsubscribe” in those email messages.  

5. Eligibility. This Program is only available to individuals residing in the United States who are 18 years of age or older. Companies, groups and organizations are not eligible to participate in the Program.  You may not transfer or assign your reservation request or any other rights under these Terms. You do not have to be an existing Genesis customer to participate in the Program. Any vehicle which is purchased or leased with the assistance of a Genesis Concierge agent must ultimately be purchased from and delivered through a Genesis retailer in the United States.   

6. Availability. The Program is available throughout the United States. However, certain Program offerings may be limited or restricted in certain geographic markets due to limited inventory, availability, or local legal restrictions. For example, in some markets, test drives can be arranged at a location of your choosing (including your residence); while in other markets, test drives may only be available at the Retailer location. The Genesis Concierge agent or your local Retailer can inform you of specific restrictions or limitations in your particular market.  

7. COVID-19 Restrictions. Due to the ongoing COVID-19 pandemic, certain Program offerings have been restricted or limited in some or all markets. For example, the availability of test drives may be limited or subject to certain health and safety restrictions in certain markets.   

8. Responsibility for Genesis Concierge Agents. The Genesis Concierge Program is powered by J.D. Power Autodata Solutions (“JDP”). The customer service personnel who serve as Genesis Concierge agents are employed by JDP and are not employees of Genesis or any Genesis Retailer. JDP shall be solely responsible for the acts, omissions, representations, or promises of the Genesis Concierge agents in connection with the Program, including their negligence, misconduct, or fraud; and by participating in the Program, you agree to release and hold harmless Genesis and its parent, subsidiary, and affiliate companies, its agents acting on its behalf, its Retailers, and each of their respective officers, directors, and employees, from and against any and all claims and liabilities arising from any actions, omissions, representations, or promises made by any Genesis Concierge agent. The Program is not intended to establish one-on-one relationships between individual Genesis Concierge agents and individual customers. By participating in the Program, you understand that each interaction you have through the Program may be with a different Genesis Concierge agent, and that neither Genesis nor JDP have any obligation to ensure that you will interact with the same agent in each communication. Employment of individual Genesis Concierge agents may change from time to time, and neither Genesis nor JDP have any obligation to ensure that a particular Genesis Concierge agent is available at any particular time.  

9. Information Sharing. The information you provide through the Program, including information provided to the Genesis Concierge agents you may work with, will be shared with Genesis and may also be shared with one or more Retailers with whom the Genesis Concierge agent may communicate on your behalf.  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.   

10. Genesis Vehicle Deposits. Genesis never receives or holds your deposit or payment information. No payments or financial transactions are required in order to participate in the Program. 

11. Right to Modify, Cancel Program. Genesis reserves the right to modify or cancel all or part of this Program at any time and without prior notice or obligation to you.  Your use of the Program after any changes are implemented will be deemed as your acceptance of such changes. The Program may not be available during maintenance windows and at other times.  

12. Force Majeure. Your participation in the Program does not create liability for Genesis, any Genesis Concierge agent, or you for any failure to perform due to an event beyond such party’s 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, strike, earthquake, flood or any other natural or man-made eventuality outside of such party’s control. 

13. Limitation of Warranties. GENESIS PROVIDES THE GENESIS CONCIERGE PROGRAM, INCLUDING THE SERVICES OF EACH GENESIS CONCIERGE AGENT, “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 OR FUNCTIONS ASSOCIATED WITH OR CONTAINED WITHIN THE GENESIS CONCIERGE PROGRAM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS 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.  FURTHERMORE, GENESIS MAKES NO WARRANTIES REGARDING ANY ACTS, OMISSIONS, STATEMENTS, REPRESENTATIONS, OR PROMISES WHICH MAY BE MADE BY ANY GENESIS CONCIERGE AGENT IN CONNECTION WITH THE PROGRAM. 

14. 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 THE PROGRAM, YOUR INTERACTIONS WITH A GENESIS CONCIERGE, THE ACTIONS OR OMISSIONS OF OR ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY GENESIS CONCIERGE, OR THESE TERMS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some states do not allow the limitation of liability, so check local laws. 

15. Dispute Resolution and Applicable Law. This Program and 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 by visiting https://owners.genesis.com/us/en/contactus.html or calling 844-340-9741.  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 Program. 

16. Entire Agreement, Modification, and Severability. We reserve the right, at our discretion, to change these Terms at any time. If any provision of these Terms, or any portion thereof, 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 Motor America Website and Web Service Terms of Use and the Genesis Motor America Privacy Policy, represent the entire agreement governing the Genesis Concierge Program.

 

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