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Gary Larson of Genesis sent me this rebuttal to Beno's posting. It's only
fair to hear both sides. What concerns me here is the claim that Mr. Beno
refused to accept a mediated resolution. Why?
- Mark Jurik
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We at Genesis would like to respond to Mr. Beno's comments about our data
service. As always, there are 2 sides to every story. As the president of
Genesis, I, Glen Larson would like to present "our side" of the story.
Mr. Beno purchased a data CD from Omega Research 4/1997 and requested and
received a refund 4/1997. Since the sale was made by Omega, the refund was
also issued by Omega. Genesis did not receive any money from this sale.
Mr. Beno tried our free updating service for 2 weeks in 4/1997 and
canceled. The last time he used our service was 18 months ago.
Mr. Beno claims to have lost money $25,000-$100,000 since 1993. He
contributes his losses impart, to our data, and demanded that we compensate
him for these losses. Mr. Beno requested that we compensate
him financially (ie. give him money) for his losses. If we did so, he
would discontinue the verbal assault on our company via the internet. This
request was made even though Genesis has never received a single penny from
Mr. Beno. We declined. He then requested that we donate money to a
charity. We declined
Mr. Beno claimed to have purchased and used our data since 1993, but he did
not purchase the data from directly Genesis. When questioned about the
purchase, he stated he purchased our data from another company. Genesis did
not have any authorized resalers of our data in 1993. We have requested Mr.
Beno provide us with proof of purchase before any resolution can be made.
We are still waiting for this proof of purchase to be provided.
According to our records from 1984, no one under the name of Mr. Tom Beno
1) Purchased any data from Genesis between 1993 -1997.
2) Contacted Genesis for any type of error corrections from 1993-1997.
3) Contact Genesis for any program updates from 1993-1997
4) Never used our updating services from 1993-3/1997.
Mr. Beno maintains that where he purchased the data and how he kept it
current through 1993-1997 even though not from Genesis is immaterial, it is
still our data. We fail to agree. How the data was updated and where
purchased is very important.
Mr. Beno claims we admitted that we had errors in our data. We still do
say we are not perfect, nor is our data. That is why we always post error
corrections to our current customers. If you are not currently updating
with Genesis, you probably won't receive the error corrections.
We offered to have Welles Wilder be a mediator to resolve the issue in a
formal setting where each side presented data and arguments and then have
both sides accept Mr. Wilder's decision as binding. Mr. Beno
declined. We suggested Mr. Beno pick a mediator we both could trust. Mr
Beno again declined.
As can be seen, this can go on forever. The problem with trying to resolve
issues over the internet and trading forums, is that it's like trying to
argue opinions, no one wins.
Proof is in the pudding as the saying goes. Rather than listen to Mr. Beno
and myself trade barbs back and forth, I invite anyone to contact me and I
will email you our software, some sample data and give you a
free 30 day trial to our service. This way, you (or whomever) can
determine for your selves whether or not Genesis is to be considered the
devil incarnate, or not. You can see our data, our software, our
service and our support through your own eyes. We encourage you to make
your own decision.
***OMEGA CONTINUOUS CONTRACT CD BUYERS****
Genesis had been sending corrections, data updates and software updates to
Omega to be implemented in releases to the purchasers of the Continuous
Contract CD. Since these updates were not implemented on any
of the CD shipped by Omega, Genesis would like to replace the Omega/Genesis
Continuous Contract CD at no charge.
Purchasers of the Omega Continuous Contract CD need to contact Genesis to
obtain an RMA to return the original CD for the refresh. Users can reach
us at 800-808-3282. When the user sends back the old CD, a
refreshed CD will be sent out at no charge. The refreshed CD will be
current when shipped. Returns must have a valid RMA or they will not be
accepted.
Since we did not receive the names of the purchasers of the Omega
Continuous Contract CD, we would like to have this message passed around to
any person who might have purchased the Omega Continuous Contract CD.
If anyone has questions about our service, comments or complaints, I
welcome the input. I can be reached at Glarson@xxxxxxxxx I will also be
taking our current customer calls and complaints, suggestions on the
last Thursday of every month, 12:00-4:00pm. I urge you to call
719-260-6119 if you would like to contact me directly. I am taking calls
at least once a month from our customers to hear what we need to do or what
we've done wrong as a company.
Rather than respond to every email-comment from Mr. Beno, I will begin to
respond with this generic form letter describing our position.
Thank you for your time.
Glen Larson
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