Your access to and use of the websites (“Sites”) and/or online services and certain mobile applications (collectively, “Services”) provided by Generac Power Systems, Inc. and its subsidiaries and affiliates (“Generac,” “we,” or “us”) is subject to the following Terms and Conditions and all applicable laws. By accessing, browsing, or otherwise using the Sites and Services you accept and acknowledge, without limitation or qualification, that these Terms and Conditions form a binding agreement between you and us and govern your use of the Sites and Services, and that any other agreements between you and Generac relating to the use of the Sites and Services are superseded and have no force or effect.
1. USE OF INFORMATION
You may simply browse the Sites (a “Visitor“), or You may become a registered user of the Sites and/or Services (“Registered User“). Certain features of the Sites and Services are limited to Registered Users. In the event You join our Sites or Services or otherwise provide us with information on the Sites or Services, You agree to only provide us with true, accurate, current and complete information. If we believe or suspect that Your information is not true, accurate, current or complete, we may deny or terminate Your access to the Sites or Services (or any portion thereof). Visitors are not required to provide us information, but if You do so, You agree that any such information will be true, accurate, current and complete information. Visitors agree not to attempt to access Registered User areas of the Sites.
You may view the Site and print individual pages from the Site for your use in learning about, evaluating or acquiring Generac’s products or services, provided that you agree to and accept without modification the Terms and Conditions set forth in this Legal Notice. You, or anyone acting on your behalf, may not modify, copy, reproduce, display, distribute, reuse, transmit, publish, license, create derivative works from, transfer or sell any information, including text, images, audio and animation from the Site without written permission from Generac.
No permission is granted within this Notice to you to use Generac names, images or logos, site addresses or other means to hyperlink other Internet sites with any page in the Site.
To become a Registered User, You must register with us on the portion of the Sites and/or Services designated for registration, at which point You must provide Your name and email address and select a password (Your “Account Credentials“), which You may not transfer to or share with any third parties. We will verify Your registration using certain information including Your name and email address. If someone accesses our Sites or Services using Your Account Credentials, we will rely on those Account Credentials and will assume that it is really You or Your representative who is accessing the Sites and Services. You are solely responsible for any and all use of Your Account Credentials and all activities that occur under or in connection with Your account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Sites and Your Account Credentials, including terminating Your access to the Sites or Services, changing Your password, or requesting additional information to authorize activities related to Your registration. In no event and under no circumstances will Generac be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of Generac under this provision, (ii) any compromise of the confidentiality of Your Account Credentials, and (iii) any unauthorized access to or use of Your Account Credentials. Please notify us immediately via email if You become aware that Your Account Credentials are being used without authorization.
4. YOUR CONTENT
To the extent permitted through any Services, You may have the ability to post, submit, email or otherwise make available on the Sites or the Services certain information, text or materials (“Your Content“). You are entirely responsible for each individual item of Your Content. As between You and us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Your Content.
You agree that Generac may use certain of Your information and the data collected about You, including without limitation Your electricity usage and usage of the Services, for the purpose of providing information, services, and products, such as conservation or energy reduction programs, services, or products, of Generac, business partners of Generac, your utility, or other third parties. Further, you agree that Generac may use such data for analyzing, maintaining, and grouping data as well as analyzing and predicting usage and other trends and, so long as the resulting data is aggregated or anonymized (i.e. no longer identifying you as an individual), that Generac may share, provide, license, disclose, and otherwise freely use such aggregated or anonymized data.
- Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violate the privacy, publicity, or other rights of third parties;
- Violate any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
- Be false or inaccurate or becomes false or inaccurate at any time;
- Be or contain material that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresent Your identity in any way;
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocate or encourage any illegal activity; or
- Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
5. EMAIL DISCLAIMER
Generac may send newsletters, special offers, and updates using the email address You provide, and may contact You about products, services, energy conservation and reduction, or other electricity usage activities, including surveys.
Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is confidential. If You are not an intended recipient or responsible for delivering the email to an intended recipient, any review, disclosure, reproduction or other use of any part of the email is strictly prohibited. If You receive an email communication in error, please notify Generac immediately and delete the email.
6. GENERAL RULES OF USER CONDUCT
It is our goal to make access to our Sites and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not:
Use, reproduce, duplicate, copy, sell, resell, or exploit: (a) any portion of the Sites or Services; (b) Your use of the Sites or Services, or (c) Your access to the Sites or Services, in each case for any purpose other than for which the Sites or Services are being provided to You;
Conduct or promote any illegal activities while using the Sites or Services;
Upload, distribute or print anything that may be harmful to minors;
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
Attempt to gain access to secured portions of the Sites or Services to which You do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Sites or Services to generate unsolicited email advertisements or spam;
Use the Sites or Services to stalk, harass or harm another individual;
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Sites or Services (including robots, spiders or scripts);
Interfere in any way with the proper functioning of the Sites and Services or interfere with or disrupt any servers or networks connected to the Sites or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites or Services;
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Sites or the Content contained on any such web page for commercial use without our prior express written permission;
Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
Mirror or frame the Sites or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
In the event that You provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Sites or the Services (collectively “Feedback”), You agree we may use the Feedback to modify our Services and that You will not be due any compensation, including any royalty related to the product or service that incorporates Your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether You provide the Feedback on the Sites or through any other method of communication with us, unless we have entered into a separate agreement with You that provides otherwise.
9. OPERATION, INSTALLATION, AND LIMITATIONS FOR EQUIPMENT
If You purchase or otherwise obtain equipment, such as devices to measure, monitor, and manage energy use, directly or indirectly, from Generac (“Equipment”), the Equipment is subject to the terms and conditions (including any warranty) under which the Equipment was purchased or obtained, including that a licensed electrician must install the Equipment in accordance with appropriate wiring diagrams and any applicable electrical codes and that the Equipment must only be used in the manner specified by Generac.
10. MODIFICATIONS TO THE SITE OR SERVICES
11. Third party content, websites, services, and equipment
12. DISCLAIMER OF WARRANTY
THE SITE, SERVICES, EQUIPMENT, CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GENERAC “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GENERAC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU (INCLUDING THROUGH THIS SITE), UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
13. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, THE SERVICES OR THE EQUIPMENT (IF APPLICABLE), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, SERVICES OR EQUIPMENT IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Some jurisdictions do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
You hereby release Generac, its parents, subsidiaries, affiliates, and their officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from Your use of the Site. Further, You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and You hereby waive any other similar provision of the laws of any other applicable jurisdiction.
16. COPYRIGHT VIOLATIONS
We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Sites or Services;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement on the Sites or the Services can be reached by mail at: Generac Power Systems, Inc., Attn: Legal Department, S45W29290 Hwy. 59, Waukesha, WI 53189, or by email at Legal.Admin@generac.com.
17. ELECTRONIC COMMUNICATIONS
18. GENERAL TERMS
19. FORWARD-LOOKING AND CAUTIONARY STATEMENTS
The Sites may contain certain “forward-looking statements” and “forward-looking information” under applicable securities laws. Except for statements of historical fact, certain information contained herein may constitute forward-looking statements. Forward-looking statements are frequently characterized by words such as “plan”, “expect”, “project”, “intend”, “believe”, “anticipate”, “estimate”, and other similar words, or statements that certain events or conditions “may” or “will” occur. Forward looking information may include, but is not limited to, statements with respect to the future financial or operating performances of the Corporation and its subsidiaries. Forward-looking statements are based on the opinions and estimates of management at the date the statements are made, and are based on a number of assumptions and subject to a variety of risks and uncertainties and other factors that could cause actual events or results to differ materially from those projected in the forward-looking statements. Many of these assumptions are based on factors and events that are not within the control of the Corporation and there is no assurance they will prove to be correct. Although the Corporation has attempted to identify important factors that could cause actual actions, events or results to differ materially from those described in forward-looking statements, there may be other factors that cause actions, events or results not to be anticipated, estimated or intended. There can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. The Corporation undertakes no obligation to update forward-looking statements if circumstances or management’s estimates or opinions should change except as required by applicable securities laws. The reader is cautioned not to place undue reliance on forward-looking statements. Rather, we direct the reader’s attention to the “SEC Filings” link under “Investor Relations” on this Site for copies of our most recent filings with the U.S. Securities and Exchange Commission.
20. LINKING TO THIS SITE
All links to the Sites must be approved in writing by Generac. Generac consents to a link to this Site only if the link and its associated pages do not (a) misrepresent your relationship with Generac; (b) imply that Generac approves or endorses your Web site, or your service or product offerings; or (c) present false or misleading impressions about Generac or otherwise damage the goodwill associated with the Generac name or trademarks.
Generac may make employment information available through the Sites. Generac is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, religion, sex, national origin, age, veteran status or disability. Generac’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, layoff, recall, termination, pay rate, employee benefits and participation in all company sponsored employee activities. All positions stated on this site may or may not be filled, and will be updated periodically.
23. CONTACTING US
LAST UPDATED: September 2019