Genwin

Website Terms of Use

Acceptance of Terms

By accessing or using the Genwin website (genwincares.com), you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms, please do not use the website.

If you are accessing this website on behalf of a senior client as an authorized representative, you confirm that you have the legal authority to agree to these Terms on their behalf.

Definitions

The following terms have the meanings set forth below when used in these Terms of Use:

  • “Genwin,” “we,” “us,” “our” means Genwin, LLC, a Georgia limited liability company.
  • “Placement Services” means the suite of services Genwin provides to assist seniors in finding assisted living facilities.
  • “Client” means the senior citizen or their authorized representative who engages Genwin’s services.
  • “Facility” means any assisted living community, residential care home, or similar establishment in Genwin’s network.
  • “Referral” means the act of recommending or introducing a Client to a Facility.
  • “Assessment” means Genwin’s evaluation of a Client’s needs, preferences, and circumstances.
  • “Authorized Representative” means a person with legal authority to act on behalf of a Client, including holders of a Power of Attorney, guardians, and conservators.
  • “Website” means genwincares.com and all associated pages and services.

Description of Services

Genwin provides senior citizen assisted living placement services. We help seniors and their families find assisted living facilities that match their medical, financial, and personal needs.

Please keep the following important clarifications in mind:

  • Genwin acts solely as an intermediary connecting seniors with Facilities. We are not a party to any agreement between you and a Facility.
  • Genwin is NOT a healthcare provider and does not provide medical care, medical advice, or clinical services of any kind.
  • Genwin does not operate, manage, or control any assisted living Facility.
  • Genwin does not guarantee the quality, safety, suitability, or outcomes of care at any Facility.

Commission Disclosure: Genwin receives a commission from Facilities upon successful placement of a Client. While this compensation model results in payment to us, we are committed to recommending Facilities based solely on your needs and preferences.

User Eligibility

The following individuals may use this website:

  • Seniors seeking assisted living placement (you must be at least 18 years of age).
  • Family members assisting a senior in finding assisted living.

Holders of a Power of Attorney, guardians, and conservators acting on behalf of a senior, in accordance with the Georgia Uniform Power of Attorney Act, O.C.G.A. § 10-6B-1 et seq., and Georgia guardianship law, O.C.G.A. Title 29.

Genwin may require verification of your authority, such as a copy of a Power of Attorney, guardianship order, or other legal documentation.

If you are acting on behalf of another person, you represent and warrant that you have proper legal authority to do so.

Limitation of Liability

To the maximum extent permitted by Georgia law:

  • Genwin’s total (aggregate) liability for any and all claims arising from or related to these Terms or Placement Services shall not exceed the total commissions received by Genwin in connection with your placement.
  • Genwin is not liable for the acts, omissions, negligence, or misconduct of any Facility.
  • Genwin is not liable for the quality, safety, or adequacy of care, services, or living conditions at any Facility.
  • Genwin is not liable for decisions made by Clients or their representatives based on information provided by Genwin or through this Website.

EXCLUSIONS: Nothing in these Terms limits Genwin’s liability for gross negligence, willful misconduct, fraud, or any liability that cannot be excluded or limited under applicable law.

IN NO EVENT shall Genwin be liable for indirect, incidental, special, consequential, or punitive damages, regardless of the cause of action or theory of liability.

Disclaimers

Healthcare Disclaimer

Genwin is not a healthcare provider. Nothing on this website constitutes medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional for medical decisions.

Facility Information Disclaimer

Information about Facilities on this Website is provided "as is" based on information supplied by the Facilities. Genwin does not independently verify all Facility representations. Facility availability, pricing, and services are subject to change without notice.

No Guarantees

Genwin does not guarantee that you will be accepted by any Facility, that any Facility will meet all of your needs, or that the placement process will achieve any particular outcome.

Intellectual Property

Genwin owns all proprietary rights in the Website, including but not limited to our assessment tools, matching algorithms, Facility databases, and all content displayed on the Website. All such materials are protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from any content on this Website without Genwin’s prior written permission.

User-Submitted Content: By submitting reviews, feedback, or other content to Genwin, you grant Genwin a non-exclusive, royalty-free, worldwide license to use, display, and share such content in connection with Placement Services. You retain ownership of your content, but you authorize us to use it as described here.

Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, available at genwincares.com. The Privacy Policy is incorporated into these Terms by reference.

Because Genwin’s services involve helping seniors find appropriate care, we collect sensitive information including health information, medical records, and financial data. Please review the Privacy Policy carefully to understand how we collect, use, protect, and share your information.

If you have questions about how your personal information is handled, please contact us using the information provided in Section 16 below.

SMS Messaging Communications Among Employees, Business-Related Colleagues, Associates and Clients

Genwin has adopted these terms and conditions in connection with its program for SMS messaging communications by and among its employees, business-related colleagues, associates and clients. The purpose of the SMS Messaging Communications Program is to permit, allow and facilitate SMS communications by and among the employees of Genwin as well as SMS communications by and between Genwin employees and their colleagues, associates and clients regarding business related subject matters and inquiries. Participants will be able to opt in to receive messages by providing their phone numbers. Participants will be informed that message and data rates may apply and that message frequency varies. Carriers are not liable for any delayed or undelivered messages. Participants may unsubscribe from participation in the program at any time by replying STOP. Participants may reply HELP for support or more information. Participants in the program may access Genwin’s Privacy Policy by clicking Privacy Policy. The Privacy Policy sets forth what Genwin does with personal information and provides that text messaging originator opt-in data and consent will not be shared with third parties.

Dispute Resolution

Governing Law

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.

Jurisdiction

Any legal proceedings arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Fulton County, Georgia. You consent to the personal jurisdiction of such courts.

Tiered Dispute Resolution

The parties agree to the following tiered dispute resolution process:

  • Step 1 — Informal Resolution: Before initiating any formal proceedings, you agree to contact Genwin and attempt to resolve any dispute informally for at least 30 days.

Step 2 — Mediation: If the informal resolution process does not resolve the dispute, the parties agree to participate in non-binding mediation administered by the American Arbitration Association (AAA), to be held in Atlanta, Georgia. The costs of mediation shall be shared equally unless otherwise agreed.

Step 3 — Binding Arbitration: If mediation does not resolve the dispute, the matter shall be resolved by binding arbitration under the AAA Commercial Arbitration Rules, conducted in Atlanta, Georgia. Genwin shall pay all AAA filing and administration fees. The arbitrator’s decision shall be final and binding, and may be enforced in any court of competent jurisdiction.

Injunctive Relief Carve-Out

Notwithstanding the dispute resolution process above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction at any time to prevent irreparable harm.

Class Action Waiver

To the extent permitted by law, all claims and disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

Accessibility

Genwin is committed to making its Website accessible to all users, including seniors and individuals with disabilities. We strive to comply with ADA Title III (42 U.S.C. § 12181 et seq.) and the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

Alternative Access: If you have difficulty using the Website or need assistance, you may access our services through the following alternative methods:

Indemnification

You agree to indemnify, defend, and hold harmless Genwin, its members, managers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

  • Your breach of these Terms of Use.
  • Your misuse of the Website or Placement Services.
  • Any false or misleading information you provide to Genwin.
  • Your violation of any applicable law or regulation.
  • EXCEPTION: This indemnification obligation does not apply to claims arising from Genwin’s own negligence, willful misconduct, or breach of these Terms.
  • Genwin will provide you with prompt written notice of any claim subject to indemnification and will cooperate in good faith in the defense of such claim.

Termination

You may stop using the Website and terminate your account at any time by contacting us using the information provided in Section 16.

Genwin may suspend or terminate your access to the Website if we reasonably believe you have breached these Terms, engaged in fraud or suspected abuse, or after extended inactivity.

Upon termination, your personal data will be handled in accordance with our Privacy Policy.

If you have an active placement in progress at the time of termination, Genwin will use commercially reasonable efforts to complete the placement or facilitate a warm transfer to another qualified provider.

Survival: The following sections shall survive termination of these Terms: Limitation of Liability, Disclaimers, Intellectual Property, Indemnification, Dispute Resolution, and this Survival clause.

Force Majeure

Genwin shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control. Such causes include, but are not limited to:

  • Acts of God or natural disasters.
  • Pandemics or public health emergencies.
  • Government orders, restrictions, or regulatory actions.
  • Cyberattacks, data breaches, or system compromises.
  • Internet or telecommunications failures.
  • Disruptions, closures, or operational changes at assisted living Facilities.

Severability

If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

Entire Agreement / Amendments

These Terms of Use, together with the Privacy Policy and Cookies Consent Notice, constitute the entire agreement between you and Genwin regarding your use of the Website and supersede all prior agreements, understandings, and communications, whether written or oral.

Separate Agreements: Genwin’s relationship with its Clients is governed by a separate Client Engagement Agreement, and Genwin’s relationship with Facilities is governed by a separate Community Partner Agreement. To the extent any provision of these Terms of Use conflicts with the terms of a Client Engagement Agreement or Community Partner Agreement, the terms of the applicable Client Engagement Agreement or Community Partner Agreement shall control.

Genwin may update these Terms from time to time. When we make material changes, we will post the revised Terms on the Website with a new "Last Updated" date and, where practicable, notify you by email. Continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

Contact Information

If you have any questions about these Terms of Use, please contact us: