Terms of Service

TERMS OF USE

The following Terms of Use (“Terms”) are between you and Gencom Platform, LLC (“Gencom,” “we,” “our,” or “us”) and govern your use of Gencom’s website located at www.gencomgrp.com (the “Site”).

  1. Acceptance of Terms

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations.  By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.  We may, at any time and without notice, modify these Terms of Use by revising them on the Site.  Your continued use of the Site constitutes your acceptance of any such revisions.  You should therefore periodically visit this page to review the current Terms of Use.  You may not modify these Terms of Use except in writing signed by us.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site immediately.

  1. Privacy

We believe strongly in the protection of the privacy of our customers.  Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

  1. Notice; Electronic Communications

When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Links to Third Party Sites

From time to time, the Site may contain links to websites that are not owned, operated or controlled by us.  All such links are provided solely as a convenience to you.  If you use these links, you will leave the Site.  We are not responsible for any content, materials or other information located on or accessible from any other website(s).  We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Site, you do so entirely at your own risk.

  1. User Conduct

You agree to comply with all applicable laws, rules, and regulations and agree not to:

  • collect, use, share or transfer any information available on the Site except as expressly permitted by these Terms, or by the owner of such information;
  • use the Site in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other Site contained in or through the Site;
  • use information, content or any data you view on and/or obtain from the Site to provide any service that is competitive with the Site including the use of Gencom trademarks or copyrighted material or confusingly similar marks;
  • interfere, disrupt or attempt to gain unauthorized access to the Site;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any Gencom server, or the network(s) connected to any Gencom server, or interfere with any other party’s use and enjoyment of any of the Site;
  • gain unauthorized access to any Site, accounts, computer systems or networks connected to any Gencom server or to any of the Site through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Site;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
  • access the Site except through the interfaces expressly provided by Gencom;
  • override any security feature of the Site; or
  • engage in any other activity deemed by Gencom in its sole discretion to be in competition with or in conflict with the spirit or intent of Site.

You agree that Gencom may take whatever steps it deems necessary to abridge, or prevent behavior of any kind on the Site that violates these Terms in its sole discretion, without notice.

  1. Intellectual Property Rights

Access to Content on the Site

You acknowledge that by using the Site you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”). You acknowledge that Gencom and Gencom’s licensors and users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

Our Ownership Rights

All right, title and interest in and to the Site is the exclusive property of Gencom and its licensors. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the Gencom Content (excluding any software code) solely for your personal use. All trademarks, logos, service marks, trade names, and trade dress appearing on the Site, are proprietary to Gencom or its licensors. Gencom reserves all rights not expressly granted in and to the Gencom Content and the Site.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. Gencom is free to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam.”

Images on Site

Images available on or through the Site may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such Site.

  1. Disclaimer of Warranty

Gencom provides the Site strictly on an “as is” basis and does not guarantee that the Site will function without interruption or errors in functioning, or be virus-free. The operation of the Site may be interrupted due to maintenance, updates, or system or network failures. Gencom disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Site for any reason. Use of the Site is at your own risk, to the fullest extent permissible under applicable law. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GENCOM EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Gencom makes no warranty as to the quality, accuracy, completeness or validity of any information or content you access or receive in connection with the Site, or that your use of the Site will meet your requirements.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXPRESSLY EXCLUDING GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, IN NO EVENT WILL GENCOM OR ITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.  UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN GENCOM’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WILL NOT EXCEED $50.00.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU

  1. Indemnification

You agree to defend, indemnify and hold harmless Gencom and its members, shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Site or (b) your failure to comply with these Terms.

  1. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Florida, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Florida, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

  1. Contact Us

Please contact us at (305) 442-9808 or write to us at: 2700 Tigertail Avenue, Coconut Grove, Florida 33133, if you have any questions about these Terms.