Sites Governed by Terms and Conditions
Welcome to New England Gen-Connect LLC’s Genconnex.net site. This site and other sites that may currently exist and/or be established by New England Gen-Connect LLC (each, a “Site”,
and collectively, the "Sites") as a service to its customers are governed by these Terms and Conditions of Use. New England Gen-Connect LLC requests that you carefully read these Terms
and Conditions and our Privacy and Security Policy before using any of our Sites. By browsing or using a Site, you agree to follow and be bound by these Terms and Conditions and our Privacy
and Security Policy without modification. If you do not agree to these Terms and Conditions, please do not use or browse any of our Sites. New England Gen-Connect LLC does not sell
products for purchase by children. If you are under 18, you may use the Sites only with the involvement of a parent or guardian. Please refer to our Privacy and Security Policy for information
regarding our Children’s Privacy Policy.
Changes to Terms and Conditions
New England Gen-Connect LLC may revise these Terms and Conditions at any time, at its sole discretion, by posting an updated version on the Sites. Any changes that we make will be
effective immediately upon posting. Please check this page periodically for changes. You will be able to determine if there have been changes since your previous visit by viewing the Last
Updated information that appears at the bottom of these Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or
terms located on particular pages at the Sites.
Use of Site
The design and all text, graphics, information, content, and other material displayed on or that can be downloaded from any of the Sites are either the property of, in the public domain, or used
with permission by, New England Gen-Connect LLC and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with
the prior written permission of the owner of such material. You may not modify the information or materials located on any of the Sites in any way or reproduce or publicly display, perform, or
distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws,
laws of privacy and publicity, and other laws and regulations.
Trademarks
Trademarks, trade names, service marks and logos used or displayed on the Sites, including but not limited to Genconnex
®
, HomeConnex
TM
, PowerConnex
TM
, and SwitchConnex
TM
, are
registered and unregistered trademarks, trade names and service marks of New England Gen-Connect LLC and its affiliates. Nothing contained on any of the Sites grants or should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Sites without the prior
written permission of New England Gen-Connect LLC.
Linking to the Sites
Creating or maintaining any link from another Web site to any page on any of the Sites without New England Gen-Connect LLC's prior written permission is prohibited. Running or displaying
any of the Sites or any material displayed on any of the Sites in frames or through similar means on another Web site without New England Gen-Connect LLC's prior written permission is
prohibited. Any permitted links to any of the Sites must comply will all applicable laws, rule and regulations.
Third Party Links
From time to time, the Sites may contain links to Web sites that are not owned, operated or controlled by New England Gen-Connect LLC, or its affiliates. All such links are provided solely as a
convenience to you. If you use these links, you will leave our Site. Neither New England Gen-Connect LLC nor any of its affiliates are responsible for any content, materials or other information
located on or accessible from any other Web site. Neither New England Gen-Connect LLC nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any
other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access
any other Web site linked to or from one of the Sites, you do so entirely at your own risk.
User Information and User Content
Other than personally identifiable information, which is subject to New England Gen-Connect LLC’s Privacy and Security Policy, any material, information, suggestions, ideas, concepts, know-
how, techniques, questions, comments, reviews, messages, recommendations, or other communication or other user-generated content (including, without limitation, videos, photos or other
materials or items) you transmit or post to any Site in any manner ("User Content") are and will be considered non-confidential and non-proprietary, even if the User Content is in a password-
protected area. New England Gen-Connect LLC, and each of its affiliates and/or their designees, may use any or all User Content for any purpose whatsoever, including, without limitation,
reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing, in any manner whatsoever, for any or all commercial or non-commercial purposes.
Without limiting the foregoing, New England Gen-Connect LLC reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying,
rejecting, or refusing to post it. New England Gen-Connect LLC is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise
modify User Content once it has been submitted to New England Gen-Connect LLC. New England Gen-Connect LLC shall have no duty to attribute authorship of User Content to you, and shall
not be obligated to enforce any form of attribution by third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you hereby
declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you
have no objection to the publication, use, modification, deletion and exploitation of the User Content by New England Gen-Connect LLC or each of its affiliates and/or their designees; (c) you
forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release New England Gen-Connect LLC
and its affiliates and/or their designees, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view,
store, or reproduce the User Content for that user's personal use. If User Content is shared with third parties, those third parties may have retained copies of your User Content. In addition, if
we make use of your User Content before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the
User Content. Terminating your account on a Site will not automatically delete your User Content.
You are solely responsible for your use of any comment sections, discussion forums, bulletin boards or other interactive features (“Interactive Areas”) and use them at your own risk. New
England Gen-Connect LLC is not responsible for User Content submitted to any Site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of
any Site. New England Gen-Connect LLC may, but is not obligated to, monitor or review any User Content, and you agree that neither New England Gen-Connect LLC nor its affiliates and/or
their designees will be liable for User Content or any loss or damage resulting from User Content. New England Gen-Connect LLC shall have no obligations to use, return, review, or respond to
any User Content. New England Gen-Connect LLC will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise, and you represent and warrant that you have all rights necessary to grant to New England Gen-Connect LLC the rights granted above and that none of your User
Content are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
New England Gen-Connect LLC may refuse or remove any User Content without notice to you. Without limiting the foregoing, New England Gen-Connect LLCretains the right to remove any or
all User Content that includes any material New England Gen-Connect LLC deems inappropriate or unacceptable.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Without in any way limiting the foregoing, if you submit any User Content or
participate in an Interactive Area, you agree to abide by the following rules of conduct:
• you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or
threaten others; (b) is offensive (such as, but not limited to, expressions of bigotry, racism, abusiveness, vulgarity, obscenity or profanity); (c) violates or promotes violation of any law or
advocates or provides instruction on activity that would constitute a criminal offense or give rise to a civil liability; (d) contains advertising or any solicitation with respect to products or services
without the prior written permission of New England Gen-Connect LLC in its sole and absolute discretion; (e) does not generally pertain to the designated topic or theme of any Interactive Area;
• you will not impersonate any person or entity, including, but not limited to, any New England Gen-Connect LLC employee, or falsely state or otherwise misrepresent your affiliation with any
person or entity;
• you will not interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about any other user or posting private information about a
third party;
• you will not upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component;
• you will not interfere with or disrupt any Site or the servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any
Site;
• you will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation; and
• you will not upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of
the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right, and you bear the burden of demonstrating that any User Content is not protected by copyright,
trademark, trade secret, right of publicity or other proprietary right. Without in any way limiting the foregoing, you represent and warrant that you have the consent of each and every identifiable
natural person in any submission to use such persons name or likeness in the manner contemplated by New England Gen-Connect LLC and that any person who appears in your submission
who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by New
England Gen-Connect LLC.
Any conduct that in New England Gen-Connect LLC’s sole discretion restricts or inhibits anyone else from using or enjoying any Site will not be permitted. In addition to any remedies that New
England Gen-Connect LLC may have at law or in equity, if New England Gen-Connect LLC reasonably determines that you have violated or are likely to violate the foregoing prohibitions, New
England Gen-Connect LLC may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related
materials. New England Gen-Connect LLC will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing New England Gen-Connect LLC to
disclose the identity of anyone posting such materials.
Account and Password
If you use any Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password.
Privacy and Security
We respect the privacy of our customers. Please read our Privacy and Security Policy which is designed to help you understand what information we gather online and what we do with that
information. Privacy and Security Policy
Content Accuracy
New England Gen-Connect LLC tries to ensure that the information provided on any of our Sites or in any New England Gen-Connect LLC catalog or advertisement is accurate and up-to-date
but due to the risk that the information may be compromised by software or procedural errors, New England Gen-Connect LLC does not guarantee the accuracy or completeness of the
information provided on any Site or in any New England Gen-Connect LLC catalog or advertisement. Without in any way limiting the foregoing, New England Gen-Connect LLC disclaims any
and all responsibility for the accuracy or completeness of any information or other content in User Content. New England Gen-Connect LLC reserves the right to correct any errors, inaccuracies
or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may
relate to product description, pricing and availability. Photos may vary. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience this
may cause you.
DISCLAIMERS
YOUR USE OF THE SITES IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER New
England Gen-Connect LLC, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS WARRANTS THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR
SERVICES ON THROUGH THE SITES. THE MATERIALS AND SERVICES ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER New England Gen-Connect LLC, NOR
ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH ANY OF THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, New England Gen-Connect LLC HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR
PURCHASED ON OR THROUGH ANY OF THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, New England Gen-Connect LLC HEREBY EXPRESSLY DISCLAIMS
ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. New England Gen-Connect LLC MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN
THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
New England Gen-Connect LLC and its service providers assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use of, or browsing any Site or your downloading of any materials, from any Site. IN NO EVENT WILL New England Gen-
Connect LLC, ITS RESPECTIVE OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ITS
SERVICE PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF ANY SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY OF THE SITES, ANY WEB SITES LINKED TO ANY OF THE SITES, OR THE
MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH ANY OF THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY
PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH ANY OF THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM
THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A
RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE APPLICABLE SITE.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and New England Gen-Connect LLC to the extent necessary to resolve any inconsistency or ambiguity between
them. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without giving effect to any principles of
conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts, USA in all
disputes (a) arising out of, relating to, or concerning any of the Sites and/or these Terms and Conditions, (b) in which any of the Sites and/or these Terms and Conditions are an issue or a
material fact, or (c) in which any of the Sites and/or these Terms and Conditions are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of any of
the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including without limitation this paragraph and the warranty disclaimers
and liability exclusions above. New England Gen-Connect LLC has endeavored to comply with all legal requirements known to it in creating and maintaining each of the Sites, but makes no
representation that materials on any of the Sites are appropriate or available for use in any particular jurisdiction. Use of any of the Sites is unauthorized in any jurisdiction where all or any
portion of such Site may violate any legal requirements and you agree not to access such Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in
contravention of this provision or any provision of these Terms and Conditions is at your own risk and, if any part of these Terms and Conditions are invalid or unenforceable under applicable
law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the
Terms and Conditions shall govern such use.
With the prior agreement of New England Gen-Connect LLC, any claim, dispute or controversy arising out of, relating to or concerning any of the Sites and/or these Terms and Conditions shall
be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Boston, Massachusetts,
USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent
jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
Termination
You or we may suspend or terminate your account or your use of any of the Sites at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges
that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of any of the Sites at any time without notice.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department at 1-855-G-Deploy
Monday through Friday 9:00 a.m. to 5:00 p.m. EST.
Entire Agreement
These Terms and Conditions, the Privacy and terms of sale constitute the entire agreement between you and New England Gen-Connect LLC with respect to the Sites. This agreement
supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and New England Gen-Connect LLC with respect to the Sites. No
modification of this agreement shall be effective unless it is authored by New England Gen-Connect LLC, or unless it is physically signed in blue ink by a New England Gen-Connect LLC
executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by
New England Gen-Connect LLC in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of any of the Sites to the
same extent and subject to the same conditions as other business documents and records originally generated and maintained by New England Gen-Connect LLC in printed form.
All other trademarks not owned by New England Gen-Connect LLC or its affiliates that appear on any of the Sites are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by New England Gen-Connect LLC or its affiliates or subsidiaries.
Last Updated January 6, 2020
Terms and Conditions of Use
Copyright 2012-2020 all rights reserved