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Last Updated: August 17, 2021 [Original Effective Date: September 30, 2020]
By “Opting In” (as such term is defined below), you accept these Terms and Conditions and agree to resolve disputes with Genesis Home Pro, Inc., dba Genesis Solar through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” sections below.
Definitions
- “Emails” means one or more email(s) to your email address for any purpose, including informational, transactional, marketing, promotional or sales purposes.
- “Opting In”, “Opt In” and “Opt-In” (or similar words or phrases) refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more recurring text messages (and participation in a Text Message Service), Outbound Telephone Calls and Emails.
- “Genesis Solar” means Genesis Home Pro, Inc., and its respective subsidiaries and affiliates.
- “Outbound Telephone Calls” means one or more telephone calls to your telephone number (including, if provided, your wireless phone number) by Genesis Solar to induce the purchase of goods or services.
- “Services” means, collectively, Emails, Outbound Telephone Calls and the Text Message Service.
- “Text Message Service” means any arrangement or situation in which Genesis Solar sends (or indicates it may send or receives a request that it send) one or more text messages (including recurring text messages).
Opting In
By Opting In to any Text Message Service:
- You authorize Genesis Solar to use auto-dialer or non-auto-dialer technology to send text messages to the mobile phone number provided by you with your Opt In. You also authorize Genesis Solar to include marketing content in any such messages.
- You are signing your Opt In to the Text Message Service.
- You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
- Supported carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, Cox Communications, United Wireless, Cellcom, Cellsouth, Cricket, and Virgin Mobile. Genesis Solar and the mobile carriers are not liable for delayed or undelivered messages. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers.
By Opting In to receive Outbound Telephone Calls:
- You authorize Genesis Solar to use auto-dialers and/or general telemarketing practices to call the telephone number (including, if provided, your wireless phone number) provided by you with your Opt In. You also authorize Genesis Solar to call you regarding transactional, informational, marketing, promotional or sales related matters.
- You are signing your Opt In to receive Outbound Telephone Calls.
- You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
By Opting In to receive Emails:
- You authorize Genesis Solar to generate, whether automatically, manually, individually, or as part of a mass email campaign, and send Emails to your email address provided by you with your Opt In (i.e., the email address listed on the Opt In form or instructions, or, if none, the email address from which you send the Opt In, or if none, the email address on file for the account associated with your Opt In). You also authorize Genesis Solar to send marketing, promotional and sale related Emails.
- You are signing your Opt In to receive Emails.
- You confirm you are the owner of the email account and address or that you are the customary and authorized user of such email account and address.
Opting Into any of the Services is not a condition to the purchase of any products or services. Further, in connection with all Services, you consent to the use of an electronic record to document your Opt In. To withdraw that consent, request a free paper or email of the Opt In, or to update our records with your contact information, please call 1-832-727-1976. To view and retain an electronic copy of these Terms and Conditions, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of any of the Services.
About the Services and Opting Out
- Emails – Genesis Solar reserves the right to terminate Emails at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or unsubscribe to Emails, please click the “unsubscribe” link (or similar link, such as “Click Here”) on the bottom of an Email to unsubscribe to Emails. Your request to opt out of or unsubscribe to Emails may generate either a confirmation or a request to clarify the Emails to which your request may apply (if you are receiving more than one type of Email). To complete your request, please provide the requested clarification. In certain instances, you will not be able to opt out of or unsubscribe from transactional related Emails.
- Outbound Telephone Calls – Genesis Solar reserves the right to terminate Outbound Telephone Calls at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or revoke your consent to receiving Outbound Telephone Calls, please call 1-832-727-1976, or, if you are on the telephone with a Power Home Solar representative, please notify the Genesis Solar representative that you wish to opt out or revoke your consent.
- Text Message Service – Genesis Solar reserves the right to terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but in any event these Terms and Conditions will still apply. Message and data rates apply. Unless otherwise noted, the Text Message Service sends automated multiple, recurring messages. For any Text Message Service, you can get help by texting HELP in response to a text, and you can opt out by texting STOP in response to a text. Your opt out request may generate either a confirmation text or a text request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt out, please provide the requested clarification.
Further, with respect to all of the Services, you consent to the handling of your information as described in the Genesis Solar Privacy Policy. To contact Genesis Solar customer service, please call or email info 1-832-727-1976 or email: operations@genesishomepro.com.
Disputes
Any dispute or claim arising out of or relating in any way to the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AND CONDITIONS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on us at Genesis Home Pro, Inc., Attn: Legal Department, 2232 Dell Range Blvd., Ste. 245, Cheyenne, WY 82009.
The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those AAA fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable under applicable law. This means that any claim would be decided by a judge, not a jury.
Applicable Law
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF WYOMING), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST GENESIS SOLAR ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SERVICES.
- To qualify for Genesis Home Pro, Inc. dba Genesis Solar’s offer of ”$2,000 Rebate” the client must purchase a minimum of a 10 kw solar system with an air conditioner and for the “$3,000 Rebate” the client must purchase a minimum 10 kw solar system with a premium security system.
- Available with approved credit. Must be 18+ and be the homeowner of Single Family Home (no apartments, condos, townhomes, mobile homes or trailers) on the title deed to the property. Contact us for additional details.
- The amount of power available from a battery or generator during a power outage is limited, depending on the loads connected, customer usage and battery configuration. No assurances can be given that the solar system or battery will always work. You should never rely upon either to power life support or other medical devices.
- Actual results will vary on various factors. Results are not guaranteed
- To qualify, you must have federal income tax liability at least equal to the value of the tax credit. Tax credits are subject to change / termination. We make no guarantees regarding eligibility for any tax credits. We do not provide tax advice. Contact your personal tax advisor for eligibility requirements
At Genesis Home Pro, Inc. dba Genesis Solar we realize the importance of feeling safe online and are fully committed to ensuring that our users’ privacy is respected and protected. Our Privacy Policy outlines the types of information we collect and receive from our users while our users are within this Genesis Solar website (the “Website”), as well as ways in which we use and, sometimes, share such information.
PLEASE REVIEW THIS PRIVACY POLICY AND THE MARKETING TERMS AND CONDITIONS OF USE FOR THE WEBSITE CAREFULLY. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY AND THE MARKETING TERMS AND CONDITIONS.
What Information the Website Collects
The types of information that we collect fall under two general categories: personally identifiable information (“PII”), meaning it can be used to specifically identify an individual or business, and non-personally identifiable information (“non-PII”), meaning it cannot be used to specifically identify an individual or business. The information we will collect includes:
Contact Us Form. When a visitor to the Website completes Genesis Solar’s Contact Us form (or similar submission form capturing visitor submitted information) on the Website, Genesis Solar collects certain PII, such as name, email, phone, address (including state and zip code) and such other information a visitor may supply in the submission form.
Newsletter. When a visitor to the Website completes Genesis Solar’s Newsletter subscription form (or similar submission form capturing visitor submitted information) on the Website, Genesis Solar collects certain PII, email and such other information a visitor may supply in the submission form.
Information from Other Sources. Genesis Solar also may obtain both PII and non-PII about you from affiliated entities, business partners and other independent third-party sources and add it to other information about you.
Site Activity. Genesis Solar may store information about your use of the Website, such as your search activity, the pages you view, and the date and time of your visit. We may also gather information from your computer or mobile device (such as your IP address, computer or mobile device type, browser type, location, and Internet Service Provider (ISP)) to, among other things, analyze trends, administer the Website, track visitor movement in the aggregate, and gather demographic information.
Cookies. Genesis Solar, and third parties with whom we partner, may use “cookies.” A “cookie” is a piece of information that the computer that hosts a website gives to your computer when you access a website. Cookies enable us to deliver content specific to your interests, to save your password so that you do not have to re-enter it each time that you visit our Website (if you choose), and for other purposes. On most web browsers, you will find a “help” section on the toolbar. Please refer to this “help” section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. Acceptance of cookies is not a requirement to browse the Website; however certain areas and features of the Website require cookies to function properly.
Web Beacons.
Genesis Solar also may use web beacons (also known as clear gifs, pixel tags or web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a webpage. We use web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to the Website from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our Service Providers (defined below) to use web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on the Website. This helps us measure the effectiveness of our content and other offerings.
This Website is being monitored by one or more third-party monitoring software(s) and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that https://smart-pixl.com is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/unsub.html.
We may use LeadPost Services to obtain PII and non-PII about you. This collection is triggered when you access the Website through a pixel placed on the Website. The service may collect the following information when you interact with the page(s) on the Website where the pixel is present: (i) information about your web browser; (ii) your IP address, (iii) web pages visited; and (iv) cookies stored in your browser. We may use the data collected to obtain personal information about you and use this data for marketing to you. For more information about LeadPost’s data use and collection policies and practices and your opt out rights, please review the LeadPost Privacy Policy located at https://leadpost.com/privacy-policy.
Third Party Tracking. Genesis Solar may use Service Providers to serve advertisements on our behalf across the Internet. These Service Providers may collect your IP address and non-PII or de-identified information about your visits to the Website in order to serve ads while you are visiting other websites. Such non-PII is anonymous or de-identified and does not reflect your name, address, or e-mail address; however your IP address may be collected by such services. This anonymous or de-identified information is often collected through the use of a web beacon.
How We Use the Information That We Collect
Genesis Solar may use the information we collect the following ways: (a) to allow your access to and use of the Website, (b) to facilitate your use of the Website, (c) to communicate with you and solicit information from you, (d) for marketing, promotional and sales purposes, including to communicate with your regarding our offerings, products and services, (e) to send you updates, newsletters, marking materials and other information that may be of interest to you, (f) to fulfill your requests for products or services, (g) to respond to your questions and comments, (h) to resolve disputes or troubleshoot problems, (i) to notify you about special offers and products or services available from us or our partners that may be of interest to you, (j) to analyze use of and improve the Website, (k) to customize your experience on the Website, including customizing the ads shown to you, (l) to prevent potentially prohibited or illegal activities and enforce our polices, (m) to comply with applicable laws, (n) to enforce our Marketing Terms and Conditions, and/or (o) as otherwise described to you at the point of collection.
When We Disclose Your Personal Information
Service Providers. Genesis Solar may work with or hire other companies (“Service Providers”) to perform certain business-related functions, such as, without limitation, mailing (or emailing) information, maintaining databases, processing payment, and providing technology services. When we employ a Service Provider to perform a function of this nature, we provide the Service Provider with the information that it needs to perform its specific function, which may include PII and other information that you provide to us via the Website.
Legal Disclosures. Genesis Solar may disclose information you provide if required to do so by law or if Genesis Solar, in our sole discretion, believes that disclosure is reasonable necessary to: (a) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), (b) protect or defend Genesis Solar or a third party’s rights or property, and/or (c) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Affiliated Entities. Genesis Solar may share information, including PII, from or about you with its parent company, subsidiaries, affiliates, or other companies under common control.
Business Transfers. As Genesis Solar develops its business, we may sell, merge, assign or otherwise transfer or dispose of a portion or all of the assets or ownership in Genesis Solar (including, without limitation, in connection with any bankruptcy or similar proceeding), and, depending on the transaction, your information, including PII, may be one of the transferred assets. By use of the Website, you consent to our right to transfer such information, without any advance notice or consent (except to the extent expressly required under applicable law).
Third Party Websites
The Website may contain links to third party owned and/or operated websites. Genesis Solar is not responsible for the privacy practices or the content of such websites. We suggest that you contact these third parties directly for information regarding their privacy, security and data collection and distribution policies prior to providing them with any information.
Security of Your Information
Genesis Solar follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while Genesis Solar strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Children
Genesis Solar recognizes the importance of children’s safety and privacy on the Internet. Therefore, in compliance with applicable laws, Genesis Solar does not intentionally collect PII or other information from, nor does Genesis Solar offer any content targeted to children on the Website. Children under the age of thirteen should not use the Website as it is not targeted to children.
Applicable Law
Genesis Solar controls and operates the Website from the United States. The Website is not intended to subject Genesis Solar to the laws or jurisdiction of any state, country, or territory other than that of the United States. Genesis Solar does not represent or warrant that the Website is appropriate for use in any particular jurisdiction. Those who choose to access the Website do so at their own initiative and are responsible for complying with all applicable international, federal, state, and local laws, rules and regulations.
Changes to this Privacy Policy
Genesis Solar may from time to time change or update this Privacy Policy, but we will always post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. If Genesis Solar makes material changes to this Privacy Policy, Genesis Solar will notify you here, by e-mail, and/or by means of a notice on our homepage.
Contact Information
Genesis Solar welcomes your comments and questions regarding our Privacy Policy. If you have any questions about our Privacy Policy, please contact us at:
Genesis Home Pro, Inc.
2232 Dell Range Blvd., Ste. 245
Cheyenne, WY 82009
operations@genesishomepro.com
Terms and Conditions
GENESIS HOME PRO, INC.
Privacy Policy