The site is protected by United States and international copyright, trademark, and other intellectual property laws. Genesis websites may offer featured articles, pictures, information, images, surveys, contests and sweepstakes, advertising, logos, trademarks, audio, video, text, data, music, sound, graphics, photographs, videos, software, and other content and materials on the site (collectively referred to hereinafter as “Content,” but excluding specifically User Content as defined below) we hope will be of interest to our visitors. The Content may not be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed, or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the Content on any single computer for your personal, noncommercial home use only, provided you retain all trademark, copyright and other proprietary notices displayed on, embedded in, or otherwise appearing in any Content. Any attempt to modify the Content or to use the Content for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages, and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of Genesis. Genesis makes no representations or warranties that the Content is available, appropriate, or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via the site is owned by Genesis or used by Genesis with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. 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.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 User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or User Content 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 User Content that exceeds our capacity limits;
(e) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
(f) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
(g) 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;
(h) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
(i) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site;
(j) Use the site in any way that violates any applicable law regulation; or
(k) Monitor or copy Content other than as expressly authorized under these TOU.
(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 User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use the website; or
(h) Link to, frame, or otherwise reproduce the site or any other Genesis website 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.
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: firstname.lastname@example.org, or by mail at Hyundai 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.
All trademarks, logos, trade names, or service marks (collectively, the “Marks”) mentioned, used, or displayed on the site are either owned by Hyundai Motor America or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of Hyundai. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality, or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through the site or any other Genesis website.6. USER CONTENT
Some of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs, and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images or other content in any form (collectively “User Content”). By posting User Content on the site or any Genesis website, you hereby grant Genesis and Hyundai Motor America an unrestricted, transferable, sublicensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media or manner whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not, without any approval from you. You hereby disclaim any right to any compensation from Genesis in connection with the exercise of our license rights in and to the User Content you have posted on any Genesis website. You acknowledge and agree that Genesis is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
Genesis has no obligation to monitor the site or any portion thereof. However, Genesis reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation or any compensation to you. Genesis has no obligation to display or post any User Content. Genesis reserves the right to disclose, at any time and from time to time, any information or User Content that Genesis deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. Neither Genesis nor Hyundai Motor America shall have liability in connection with any User Content submitted to, transmitted via, or displayed or posted on the site.
You must meet any age, geographic, or other eligibility requirements specified at each site to subscribe to a magazine, publication, or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.8. ONLINE SHOPPING
Some Genesis sites also offer e-commerce opportunities. Different sites may offer different options for visitors to purchase products or services either from Genesis or from a third party (see Section 10 below concerning Links and Third Party Sites). Genesis does not guarantee that you will be satisfied with products or services purchased from us. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither Genesis nor its vendors guarantee that all orders will be filled.9. PAYMENTS
Subscriptions and other services requiring payment generally require use of a valid credit card. Genesis and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. 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 make online payments, you represent and warrant 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.10. LINKS AND THIRD PARTY SITES
The website 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. Sites 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 Genesis website. You acknowledge and agree that Genesis has not reviewed all of the third party sites linked to or from the website, does not endorse such third party sites, is not responsible for such third party sites, and under no circumstances shall Genesis or Hyundai Motor America be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from the website. Your linking to any other off-site pages or other third party sites 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.11. COMMUNITY CODE OF CONDUCT
Some websites operated by Genesis may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit, or regulate information and content provided by third parties on the website, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. Genesis does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither Genesis, Hyundai Motor America, nor its officers, directors, employees, agents, licensors, or licensees are responsible for any User Content, and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of the website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you license to Genesis the right to use such User Content in accordance with these TOU. In addition to complying with the terms, conditions and restrictions set forth elsewhere in these TOU, including the restrictions in Section 2, you further represent and warrant that you will abide by the following rules:
(a) You will not use the website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
(b) Except as specifically authorized on certain Genesis websites and in designated classified ads sections of Genesis websites, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) email such User Content to other users who have not indicated in writing that it is okay to contact them about other commercial services, advertisements, products, or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.
(c) You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a Hyundai or Genesis employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
(d) You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
(e) You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
(f) You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
(g) You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large burden on our infrastructure.
(h) You will not use any form of automated device or computer program that enables the submission of postings or User Content on any Genesis website without each posting being manually entered by the author thereof, including, without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
(i) You will not use a posting agent to post User Content to any Genesis website.
GENESIS PROVIDES THE WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS, AND SERVICES ON OR THROUGH THE WEBSITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY. GENESIS AND HYUNDAI MOTOR AMERICA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
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 LISTED, SOLD, OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER GENESIS, HYUNDAI MOTOR AMERICA, NOR ANY OF ITS 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.
Some states do not allow the limitation of liability, so check local laws.
Some of our websites may provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via one of our websites, you proceed solely at your own risk and you agree that Genesis is not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that Genesis, through certain of its websites, merely provides a forum in which buyers and sellers can connect. Neither Hyundai nor its websites posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.
You should be very careful before you send money to any seller posting an advertisement on one of our sites. In particular, we urge you to use reputable and well-known money-transfer services and online merchant account services (such as PayPal) when engaging in transactions with sellers of goods advertised on one of our websites. We urge you to proceed with extreme caution in using such money transfer services, and under no circumstances should you deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of Genesis or the website on which the classified advertisement was posted. Again, neither Genesis nor its websites posting classified advertisements act as a transaction intermediary or escrow agent, and you should not do business with any seller who directs you to work with an employee or agent of Genesis or the applicable website in completing the transaction.
You agree to hold Genesis and its 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. 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 email@example.com 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.
We may eliminate or terminate any Content or service posted on or made available through any of our websites 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.18. NOTICES
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 or any other Genesis website you use 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.20. 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. 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 Hyundai, 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 or Hyundai Motor America and either you or any vendor, business or promotional partner, or advertiser at the site.
(e) Governing Law/Venue. Your use of the website and any dispute arising out of or relating to your use of the website will be governed by the laws of the State of California, irrespective of its conflicts of laws provisions. In the event that Hyundai Motor America wishes to pursue legal action against you, it may bring such legal action in any federal or state court having jurisdiction. Lawsuits against Genesis or Hyundai Motor America must be brought in federal or state court in Orange County, California.
(g) In compliance with the disclosure requirements of California Senate Bill 657, the California Transparency in Supply Chains Act of 2010, Genesis supplies the following information: Genesis has no policy regarding, and does not monitor, human trafficking and slavery in its direct product supply chain. This notification is responsive to Section 1714.43 of the California Civil Code, as required by Section 3, Paragraph D, Sub-paragraph b.