TERMS OF USE

The following terms and conditions apply to all GenZe websites (the “Site” or “Sites”) that are owned, operated, and maintained by or for Mahindra, its parents, subsidiaries and affiliates (referred to collectively as “Company”, “we”, “us”, or “our”). The Sites include webpages, as well as mobile applications and social media accounts. By accessing and browsing the Sites, or by using and/or downloading any content from the Sites, you agree to and accept these Terms of Use as set forth below.

General Provisions

These terms together with the Privacy Policy, any supplemental terms, conditions, or rules posted to a specific area of this Site (“Terms”) set forth the legally binding terms governing your use of the Sites.

We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to vehicle colors, specifications, accessories, models, pricing, materials or other product or service features. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Links to Third-Party Websites

Links to third-party websites are provided for convenience only and do not imply any approval or endorsement by the Company of the linked sites, even if they may contain the Company’s logo, as such sites are beyond the Company’s control. Thus, the Company, its officers, directors or employees, as well as its Parent, Subsidiaries and affiliates, cannot be held responsible for the contents of any linked site or any link contained therein.

You acknowledge that framing the Company’s website, or any similar process is prohibited.

General Product, Services, and Financing Information

This Site may provide information, including but not limited to specific product pricing, product specifications, budget calculators, financial calculators, current financing offers, and basic company information for informational purposes only and nothing contained herein constitutes financial advice or an offer to sell, finance, or lease a specific product or service to you unless otherwise expressly acknowledged and apparent from the particular content.

The MSRPs (manufacturer's suggested retail price) listed on this Site exclude tax, title, license, registration and documentary fees.   Dealers set actual prices.

Our financial calculators’ estimated payments exclude applicable taxes, title, registration, license, and documentary fees. The current finance or lease options are offered only on approved credit, and may not be available in all areas, and not all dealers may participate in these programs. Current offers do not constitute an offer of direct financing or of any particular lease or purchase transaction.  Rates and requirements may vary based on geographic location and credit worthiness.

Intellectual Property

This Site and its content is the exclusive property of the Company. Any material that it contains, including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons or html code is protected under intellectual property laws and remains the Company’s or third party’s property. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, designs, and symbols appearing on the Site may also be the trademarks and the property of their respective owners.

You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Company. You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the Company’s Sites without the Company’s prior written authorization is prohibited.  Framing this Site or using our proprietary marks as meta tags by you or any person acting on your behalf, without our written consent is impermissible.  Use of contact information provided on the Site for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the Site or to intercept any information from the Site is prohibited.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/OR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OR THIRD PARTY CONTENT PROVIDERS, LICENSORS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATING TO THE USE, MISUSE OR INABILITY TO USE THIS SITE (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES); AND THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION OF THIS SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR PARENT COMPANY’S, SUBSIDIARIES’, AFFILIATES’, LICENSORS’ AND SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Disclaimer of Warranty

This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  Although the specifications, features, illustrations, equipment, warranties, service manuals, recalls, safety tips, and other information contained in the Site are based upon up-to-date information, and while Company and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed.  WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE.

We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

Company does not warrant that this website is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan and the like, or that its content is appropriate for your particular use or up to date. The Company reserves the right to change the information at any time without notice. You are solely responsible for any use of the materials contained in this Site.

The information contained in this Site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the Company.

Indemnity

You agree to defend, indemnify, and hold Company, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of these Terms or use of the Site.

Applicable law – Forum Selection – Arbitration – Waiver of Class Action

By accessing this Site you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will be governed according to the laws of the State of Michigan, without regard to conflicts of laws principles.  Any controversy, claim or dispute arising out of or related to these Terms or the Site, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (the “Arbitration Rules”). The arbitration shall be conducted in Oakland County, Michigan before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to Optional Appellate Arbitration in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential or indirect damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

If you use this Site from other locations you are responsible for compliance with any and all applicable local laws.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the arbitrator shall take all efforts to modify the invalid or unenforceable provision so as to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

Modifications of the Terms of Use

The Company reserves the right to change the Terms of Use under which this Site is offered at any time and without notice. You will be automatically bound by these modifications when you use this Site, and should periodically read the Terms.

Copyright

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole property of Company and protected copyright.

Trademarks

The marks ‘GenZe’ indicated on each page are trademarks of Mahindra & Mahindra Limited. All graphics, logos, page headers, button icons, scripts and service names (collectively ‘Trademarks’) present and visible on this Site are trademarks of Mahindra & Mahindra Limited or its subsidiaries and affiliates. The Trademarks ‘GenZe' may not be used in connection with any product or service that is not in any manner connected or provided by Mahindra & Mahindra Limited, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mahindra & Mahindra Limited. All other trademarks not owned by Mahindra  & Mahindra Limited or its subsidiaries that appear on this Site, are the property of their respective owners, who may or may not be affiliated with or connected to Mahindra & Mahindra Limited.

Digital Millennium Copyright Act Notice

If you believe that any material on this Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at: 

GenZe, Inc
Attn: Legal Counsel - DMCA 275 Rex Blvd
Auburn Hills, Michigan 48316 

In your notice, please include: 

• Identification of the copyrighted work you claim to have been infringed;

• Identification of the material that you claim to be infringing, and where the material is located on the Site;

• Your address, telephone number, and email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and

• A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf. 


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