AquaFi End User Agreement­­

Effective: October 2020

 

 

AGREEMENT REQUIRED: TO ACCESS AND USE AQUAFITM YOU MUST AGREE TO THE TERMS OF THIS END USER AGREEMENT (“AGREEMENT”) BY CLICKING THE “I ACCEPT” BUTTON BELOW. PLEASE REVIEW THIS AGREEMENT AND ANY ACCOMPANYING USER DOCUMENTATION CAREFULLY BEFORE INSTALLING OR USING AQUAFI. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE AQUAFI.

 

 

1.     LCI AquaFiTM

 

Thank you for your interest in AquaFiTM from Lippert Components, Inc. (referred to as “LCI”, “we,” “our,” or “us”). The AquaFi 4G LTE hotspot delivers WiFi to users to enhance mobile connectivity while boating, and AquaFi lets users remotely access certain information about the hotspot router from a smartphone via the AquaFi mobile application and website (collectively “AquaFi”). AquaFi can connect multiple mobile devices at one time.

 

2.     Your Agreement with LCI

 

This Agreement governs your access to and use of AquaFi and constitutes a binding legal agreement between you and LCI. You agree to use AquaFi only in compliance with this Agreement and with all applicable local, state, national, and international laws, rules, and regulations. Before installing, accessing, using, or interacting with AquaFi you should carefully review all terms and conditions of this Agreement, including our Privacy Notice (available at https://www.lci1.com/privacy-notice) before you use AquaFi. You may not use AquaFi if you do not accept the terms and conditions of this Agreement.

 

PLEASE REVIEW THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF AQUAFI. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS DISCLAIMERS AND LIMITATIONS OF LIABILITY.

 

3.     Eligibility to Use AquaFi

 

AquaFi is strictly intended for use by adults only. Use or operation of AquaFi by any person under the age of 18 is a violation of this Agreement. By installing or using AquaFi you represent and warrant: (1) that you are at least 18 years of age; (2) that you are legally permitted to use AquaFi; (2) that your use of AquaFi has not previously been suspended or revoked; and (3) that your use of AquaFi is allowed by and in compliance with any and all applicable laws and regulations. If you are accepting this Agreement and using AquaFi on behalf of or at the direction of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of AquaFi because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use AquaFi.

 

If you do not satisfy these eligibility requirements, then you should decline this Agreement using the mechanism we make available to you.  You are not permitted to use AquaFi until such time as you satisfy these eligibility requirements and agree to all of the terms of this Agreement.

 

4.     Collection and Use of Data and Information

 

You acknowledge that when you use, download, or install AquaFi, LCI may use automatic means to collect information about your computer or devices, and about your use of AquaFi including, for example, geolocation data about your device, cookies, web beacons, and other online analytic and usage tracking software and uou also may be required to provide certain information as a condition to downloading, accessing, or using AquaFi or certain of its features or functionality (the “User Data”). All information LCI collects through or in connection with AquaFi, including the User Data, is subject to and will be treated in accordance with the privacy terms in this Agreement as well as LCI’s Privacy Notice, which is available at https://www.lci1.com/privacy-notice (“Privacy Notice”). By accepting this Agreement, by downloading, accessing, or using AquaFi, or by providing information to LCI under this Agreement directly or through AquaFi, you consent to the full terms of the Privacy Notice, including the provisions relating to the sharing of information, and the uses of data and information described therein. If you do not want LCI to collect geolocation data about your device, you may opt-out at any time through your mobile phone’s location settings. Note, however, that opting out of AquaFi’s collection of location information will disable its location-based features.

 

5.     License

 

a.     Grant of Limited License. Subject to your compliance with the terms and conditions of this Agreement, LCI grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license to download, access, and use AquaFi in the original unmodified form and format provided by LCI solely for your personal, non-commercial use and subject to your compliance with this Agreement. Any use of AquaFi other than as specifically authorized herein is strictly prohibited and will immediately terminate the license granted herein. LCI maintains all ownership of and reserves all rights not expressly granted in this Agreement.

 

b.     License Restrictions. Except as expressly set forth in Section 5.a., LCI reserves all rights and grants you no further licenses of any kind hereunder, whether by implication, estoppel, or otherwise. LCI licenses AquaFi to you strictly upon the condition that you accept all terms contained in this Agreement. LCI retains the right to revoke and terminate your license at any time for a violation of this Agreement, in LCI’s own discretion. Unless otherwise specifically stated in this Agreement, you agree that only LCI shall have the right to maintain, enhance or otherwise modify AquaFi.

 

c.     License Limitations. As a condition of your license to use AquaFi, you agree not to use AquaFi: (1) for any purpose that is prohibited by this Agreement; or (2) for any other purpose not reasonably intended by LCI as typical or expected use of AquaFi consistent with the purpose for which AquaFi was developed and provided to you. Further, you agree you shall not:

 

i.      Use AquaFi for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the LCI of law;

 

ii.     Permit any other person to use your AquaFi Account or operate AquaFi using your devices, or provide access to your passwords to access your AquaFi Account;

 

iii.    Copy, modify, translate, adapt, or otherwise create derivative works of or improvements to AquaFi, whether or not patentable or otherwise protectable under intellectual property laws, including any revision, abridgment, condensation, or expansion of AquaFi or any other form in which such AquaFi may be recast, transferred, or adapted.

 

iv.    Sublicense, assign, sell, rent, lease, lend, disclose, distribute, publish, transfer or otherwise make available AquaFi or any features, functionality, or data from or of AquaFi, to any third party for any reason, including by making AquaFi available on a network where it is capable of being accessed by anyone not explicitly authorized to access AquaFi under this Agreement;

 

v.     Reverse engineer, disassemble, decompile, decrypt, re-engineer, reverse assemble, reverse compile, decode or otherwise attempt to derive or gain access to the source code of AquaFi or any part thereof, or unbundle any components of AquaFi or any part thereof, attempt to create the source code of AquaFi or its structural framework (in whole or in part), or perform any process intended to determine the source code for AquaFi;

 

vi.    Remove, disable, bypass, circumvent or otherwise create or implement any measures or workaround to any copy protection, rights management or security features in or protecting AquaFi including, without limitation, attempting to circumvent any applicable configuration  or  usage limitations through  any  means or  using virtualization, multiplexing, branching, or pooling technology to effectively extend the number of instances of AquaFi or the number of end users having access to AquaFi’s functionality, or creating multiple AquaFi Accounts or screen names for an individual AquaFi user, as applicable;

 

vii.  Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large impact to LCI’s  infrastructure or interfere or attempt to interfere, or attempt to interfere, with the proper working of AquaFi or any activities conducted on or through AquaFi;

 

viii. Take any action or post or transmit any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any AquaFi user;

 

ix.    Perform any fraudulent activity using or in connection with AquaFi, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information;

 

x.     Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from AquaFi, including any copy thereof; or

 

xi.    Cause or permit any third party to do any of the aforementioned.

 

d.     Reservation of Rights. You acknowledge and agree AquaFi is provided under a limited license to use AquaFi, and is not sold to you. You do not acquire any ownership interest in AquaFi under this Agreement, or any other rights to AquaFi other than to use AquaFi in accordance with the express license granted, subject to all terms, conditions and restrictions, under this Agreement. LCI reserves and shall retain its entire right, title, and interest in and to any intangible property rights associated with AquaFi, including, without limitation, AquaFi and all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

 

6.     Updates

 

LCI may from time to time, in its sole discretion, develop and provide AquaFi updates, which may include upgrades, revisions, modifications, bug fixes, patches, error corrections, and/or new features (collectively, including any related documentation, the “Updates”). Updates may also modify or delete in their entirety certain features and functionality of AquaFi, and LCI may issue such updates without notice to you. You agree LCI has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of AquaFi. You agree all Updates shall be deemed part of AquaFi and be subject to all terms and conditions of this Agreement.

 

7.     User Conduct

 

a.     Use Caution. Any use of AquaFi in violation of the terms and conditions of this Agreement is strictly prohibited. Failure to abide by the terms of this Agreement could result in property damage and personal injury, including death. LCI is not liable for improper use of AquaFi.

 

b.     For Use by Adults Only. AquaFi is strictly intended for use by adults only. Use or operation of AquaFi by any person under the age of 18 is not allowed and represents a violation of this Agreement.

 

c.     Do Not Use If Impaired. AquaFi should never be used by an impaired user, whether under the influence of alcohol, drugs, or otherwise.

 

d.     Do Not Use Illegally. Use of AquaFi must adhere to all applicable laws and regulations. You are responsible for ensuring your use of AquaFi is compliant with all applicable laws, regulations, and policies of all relevant jurisdictions and you agree you will not use AquaFi for any unlawful purpose.

 

e.     Use Safely. You agree to take care to protect yourself and others while using AquaFi, and to take all necessary precautions to ensure the safe operation of AquaFi and all components connected to and controlled by AquaFi.

 

f.      LCI Not Liable for Improper Use. YOU ACKNOWLEDGE AND AGREE THAT IF YOU OR A THIRD PARTY USE AQUAFI IN ANY MANNER OUTSIDE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY SUPPORTING DOCUMENTATION OR IN A NEGLIGENT WAY THEN LCI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM SUCH IMPROPER USE. IN THE EVENT OF SUCH IMPROPER USE, YOU ALSO AGREE TO INDEMNIFY LCI FOR ALL DAMAGES RESULTING FROM SUCH IMPROPER USE.

 

8.     Accounts and Registration

 

a.     Registering for an AquaFi Account. In order to use or access AquaFi or certain features of AquaFi, we may require you to register for a user account (an “AquaFi Account”) and become a registered user of AquaFi (a “Registered User”). You may not become a Registered User on behalf of someone else. You must register as a Registered User only with your own personal information and credentials. In the event you are asked to obtain a AquaFi Account and become a Registered User, you agree to: (i) provide accurate, current, and complete information about yourself during the registration process; (ii) maintain and promptly update such information to keep it accurate, current, and complete; (iii) maintain the security of your password, PIN, and login information, and that you will not disclose your password, PIN, or login information to any third party; (iv) accept full responsibility for all use of any AquaFi Account you register, and for any actions that arise from your AquaFi Account or take place using your AquaFi Account, whether or not you have authorized such activities or actions; and (v) immediately notify LCI of any unauthorized use of your AquaFi Account. Use of AquaFi is solelyyou’re your personal use. LCI will not be liable for any losses resulting from unauthorized access to or use of AquaFi or your account.  However, you will be liable to LCI or other parties due to such unauthorized access or use. Failure to abide by this Agreement shall constitute a breach of the Agreement, which may result in immediate termination of your AquaFi Account.

 

b.     AquaFi Account Data Collection. LCI will collect certain information about you in connection with registration for AquaFi Account, which may include personal information and other information such as a username, password, personal profile, pictures, or location. Some of this AquaFi Account information may be displayed within AquaFi to others who also have access to AquaFi Accounts associated with you.  All information LCI collects through or in connection with AquaFi and AquaFi Accounts is subject to LCI’s Privacy Notice, which is available at: https://www.lci1.com/privacy-notice.

 

c.     LCI’s Termination of Your AquaFi Account. LCI maintains the right to suspend or disable an AquaFi Account, or terminate this Agreement, at its sole discretion and without prior notice to you if you breach the Agreement, or if LCI otherwise determines such action is warranted. LCI reserves the right to revoke your access to and use of AquaFi at any time, with or without cause. In the event LCI terminates this Agreement for your breach, you will remain liable for any amounts due LCI hereunder. LCI may also impose limits on certain AquaFi, features, or Content, or restrict your access to parts or all of AquaFi with or without notice to you. Upon such termination or suspension, you must immediately cease accessing or using AquaFi, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, AquaFi. You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access AquaFi. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to LCI.

 

d.     Your Cancellation of Your AquaFi Account. You may cancel your AquaFi Account at any time by contacting LCI using the Contact information provided below. Upon cancellation of your AquaFi Account, LCI may: (i) retain your information and content for a commercially reasonable time for backup, archival, and/or audit purposes; and (ii) retain, use and continue to show in anonymized form data and information you made available to the public on AquaFi, including your links to third party content, comments, likes, and similar content.

 

9.     Hardware Passwords and PINs

 

a.     AquaFi PIN. You may be asked to create a password for AquaFi designed to help secure safety critical features and prevent unauthorized use of the app by others. You agree to create a password different and distinct from the hardware password described below, and agree not to share your AquaFi access password, unless required by law.

 

b.     Hardware Passwords. AquaFi is designed for use with WiFi and Bluetooth® enabled bonding to help secure AquaFi and prevent unauthorized access to AquaFi controlled devices. In setting up AquaFi, you may be asked to create a hardware password to allow your device to connect to AquaFi-enabled hardware and components. You are responsible for maintaining the confidentiality of all hardware passwords you establish to use AquaFi. You agree not to disclose your hardware passwords to any third party. You are solely responsible for any and all use of your hardware password, whether by you or another.

 

10.  Security

 

LCI takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of AquaFi and information LCI collects about you through your use of AquaFi, and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction. LCI implements reasonable security measures consistent with industry standards. Any information you transfer to or from LCI or AquaFi is transferred at your own risk. We are not responsible for the acts of third parties who may access AquaFi and information through your device. You should use all security features of your device, including any password, locking, or encryption features, to protect against unauthorized access and use of AquaFi and your information.

 

11.  Modification Of The Agreement

 

LCI may modify and update this Agreement periodically to take into account changes in AquaFi, LCI’s business, and changes to the law. LCI reserves the right to modify this Agreement at any time, in our sole discretion. We may contact you directly in the event of material changes to this Agreement, but since we may not always be required to do so, you should periodically review the updated Agreement to stay informed of any changes and ensure your continued agreement. Modifications to our Agreement are effective upon your manifested consent to the revised Agreement. The terms of the current Agreement supersede all previous notices or statements and become the terms and conditions that govern your use of AquaFi. You may determine the date the Agreement was last amended and the current version by referring to the “Effective” date shown at the top of the Agreement. Your use of AquaFi after the Effective date serves as your permission for your personal information to be used under the terms of the current Agreement.

 

12.  Content

 

a.     Content Definitions. There are various types of content involved in providing and operating AquaFi. Throughout the remainder of this Agreement, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within AquaFi. “LCI Content” means Content that LCI makes available to you through AquaFi, including Content owned by LCI or licensed to LCI from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through AquaFi by a User, whether or not a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through AquaFi, including LCI Content and User Content.

 

b.     Content Ownership. All LCI Content is owned by LCI or its third party licensing partners. Your use of AquaFi does not grant you any rights to the use or control of any of the LCI Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the LCI Content, including by caching, framing or any similar means, without the prior written consent of LCI is strictly prohibited.

 

AquaFi and LCI Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, LCI and its licensors exclusively own all right, title and interest in and to AquaFi and LCI Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying AquaFi or LCI Content. LCI or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the LCI Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of AquaFi, and copyrighted works associated with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of LCI.

 

You should assume that everything you read or see on AquaFi is copyrighted or otherwise protected and owned by LCI, or a third party who licensed the right to use such content to LCI. Unless otherwise expressly noted, nothing that you read or see on AquaFi or other Collective Content, or any of the source code or HTML code that LCI uses to generate AquaFi may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of LCI or the appropriate Content owner without prior written consent, except as provided in this Agreement or otherwise permitted by relevant law.

 

No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without LCI’s prior written permission, with the exception of your own User Content that you legally post on AquaFi. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.

 

LCI is not the publisher or speaker of User Content, or any other information on AquaFi provided by third party content providers, and LCI is not liable for any claims related to such information. Any mention in AquaFi of products or AquaFi provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by LCI. LCI assumes no responsibility for those products or AquaFi.

 

c.     LCI’s License to You. Subject to your compliance with this Agreement, LCI grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use AquaFi and the Collective Content as intended.

 

You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit AquaFi or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in this Agreement. Any use of AquaFi or the Collective Content other than as specifically authorized herein, without the prior written permission of LCI, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by LCI at any time without notice and with or without cause.

 

d.     Your License to LCI. Certain features of AquaFi may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through AquaFi. By making available User Content through AquaFi, you hereby grant to LCI and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as LCI may designate from time to time, which may include any or all other users of AquaFi, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within AquaFi, or for advertising or marketing of AquaFi, as well as a license to use your name and likeness in marketing materials and in AquaFi to promote your use of AquaFi. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of LCI once you have submitted User content within AquaFi.

 

Your grant of this license to LCI to utilize your User Content and any derivative works of the User Content created by using AquaFi does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. LCI does not claim ownership rights in your User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content.

 

You acknowledge and agree that you are solely responsible for all User Content that you make available through AquaFi. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through AquaFi, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant LCI the rights in such User Content contemplated under this Agreement; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or LCI’s use of the User Content (or any portion thereof) on, through, or by means of AquaFi will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through AquaFi.

 

We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from AquaFi at any time, for any reason.

 

13.  Intellectual Property

 

a.     Definition. “Intellectual Property Rights” means any and all intellectual property and rights including, but not limited to all worldwide current and future registered or unregistered rights in and to all: (i) rights associated with works of authorship including but not limited to copyrights, copyrightable works of authorship, exploitation rights, moral rights, graphics, logos, designs, page headers, button icons, scripts, software, software code, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to AquaFi; (ii) trademark, service mark, trade dress, and trade name rights and similar rights; (iii) trade secret rights, including, without limitation, all rights in confidential information, proprietary and trade secret information, proprietary rights whether arising by law or contract; (iv) patents, patentable inventions and processes, designs, algorithms, and other industrial property rights; (v) all other intellectual and industrial property rights of every kind and nature throughout the world however designated, whether arising by operation of law, contract, license, or otherwise, and all registrations, applications, renewals, extensions, continuations, divisions, or reissues hereof now or hereafter in force (including any rights in any of the foregoing) and any tangible embodiments of any of the foregoing.

 

b.     Intellectual Property Rights.  LCI, along with any third party licensors and partners, own and maintain all right, title, and interest in and to AquaFi and all related documentation and Intellectual Property Rights. LCI’s Intellectual Property Rights may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to LCI in the LCI’s Intellectual Property Rights, including use of any LCI’s Intellectual Property Rights as part of any software, software code, software platforms, software plugins, integrations with third party software, mobile device software and code, websites, webpages, landing pages, social media integrations, designs, trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.

 

c.     Intellectual Property Ownership. Nothing contained herein shall be deemed in any way to transfer any ownership or other interest of any LCI’s Intellectual Property Rights to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to AquaFi, related documentation, or any Intellectual Property Rights owned by LCI. The LCI name and trademarks, any LCI logos and designs, and any product and services names associated with AquaFi or other Intellectual Property of LCI or its affiliated third parties are owned or licensed by LCI, and no right or license is granted to you by this Agreement to you to use LCI’s Intellectual Property Rights for purposes not directly related to your use of AquaFi.

 

d.     Copyright Infringement Notification.  If you believe that materials accessible on or from this Site infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent as designated below. The notice must include the following: (i) reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, the title, author, any registration or tracking number, and URL); (ii) reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material); (iii) your contact information (for example, your address, telephone number, or e-mail address); (iv) A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and (vi) your physical or electronic signature.

 

Our designated copyright agent to receive DMCA Notices is:

 

DMCA Notice Manager

Lippert Components, Inc.

3501 County Road 6 East

Elkhart, IN 46514

Phone: 574-535-1125

Email: dmca@lci1.com

 

Please also be aware that if you knowingly materially misrepresent that material or activity on AquaFi or the User Content or Collective Content is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy to, in appropriate circumstances, suspend and/or terminate access to or use of AquaFi for users who are repeat infringers.

 

14.  Representations & Warranties

 

a.     Your Representations & Warranties. In addition to other representations and warranties made herein, you expressly represent and warrant that you are legally entitled to enter into this Agreement, and that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You agree to comply with all applicable laws when making use of AquaFi.

 

b.     LCI’s Representations & Warranties.  LCI warrants to you that LCI will use commercially reasonable efforts to deliver AquaFi in accordance with this Agreement. LCI warrants that all AquaFi software will be delivered  in a professional and workmanlike manner. LCI further warrants that to the best of LCI’s knowledge, no software delivered to you hereunder shall infringe on any third party patent, copyright, or other Intellectual Property right.

 

15.  Disclaimer of Warranty

 

IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THIS AGREEMENT, OTHER THAN AS EXPRESSLY STATED IN THIS SECTION, AQUAFI AND ALL SOFTWARE AND SERVICES PROVIDED BY LCI ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NO OTHER WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARE MADE WITH RESPECT TO AQUAFI AND ALL SOFTWARE AND SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND UNINTERRUPTED, ERROR-FREE USE ARE EXPRESSLY DISCLAIMED.

 

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF LCI, OPERATION OR MISOPERATION OF AQUAFI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF AQUAFI OR USER INFORMATION THROUGH UNAUTHORIZED USE, THEFT, OR ANY OTHER MEANS. IN NO EVENT WILL LCI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY PARTNERS BE HELD LIABLE FOR ANY USE OF AQUAFI BY A PARTY THAT IS NOT A REGISTERED USER, INCLUDING TORTIOUS OR ILLEGAL CONDUCT. LCI DOES NOT WARRANT THAT AQUAFI AND ALL SOFTWARE AND SERVICES PROVIDED WILL MEET YOUR OR ANY STATED REQUIREMENTS OR THAT THE OPERATION OF AQUAFI AND ALL SOFTWARE AND SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LCI NOR ITS LCI REPRESENTATIVES BE RESPONSIBLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF AQUAFI AND ALL SOFTWARE AND SERVICES PROVIDED OR INFORMATION OR CONTENT OF AQUAFI, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR AQUAFI (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

TO THE EXTENT PERMITTED BY LAW, LCI IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL LCI OR ANY OF ITS LCI REPRESENTATIVES BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHERS. IN NO EVENT WILL LCI OR ANY OF ITS LCI REPRESENTATIVES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY, INCLUDING VEHICLES AND COMPUTING DEVICES, OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF AQUAFI AND ALL SOFTWARE AND SERVICES PROVIDED. ANY IMPLIED WARRANTIES THAT BY LAW CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO: (I) NINETY (90) DAYS FROM THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT; OR (B) THE SHORTEST PERIOD PERMITTED BY LAW, WHICHEVER IS GREATER.

 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAW IS APPLICABLE TO THIS AGREEMENT, IN WHICH CASE LCI’S WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

16.  Limitation of Liability

 

a.     LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND UNLESS PROHIBITED BY LAW, THE MAXIMUM CUMULATIVE LIABILITY OF LCI, ITS MANAGING MEMBER(S), AND OFFICERS TO LICENSEE ARISING OUT OF OR RELATING TO THE SOFTWARE, OR ANY OTHER ASPECT OF THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM, ACTION OR PROCEEDING, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED $100 OR THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING AQUAFI, WHICHEVER IS GREATER. IN NO EVENT SHALL LCI, LCI REPRESENTATIVES, ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF DATA, AND BREACH OF DATA SECURITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. THE ALLOCATIONS OF LIABILITY REPRESENT THE AGREED AND BARGAINED-FOR UNDERSTANDING OF THE PARTIES AND PROVIDER’S COMPENSATION FOR THE SERVICES REFLECTS SUCH ALLOCATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO LICENSEE. IN SUCH JURISDICTIONS, THE LIABILITY OF LCI IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.

 

b.     NOT LIABLE FOR USE OF AQUAFI. LCI DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY AND RESPONSIBILITY FOR YOUR USE OF AQUAFI. AQUAFI ALLOWS USERS TO OPERATE CERTAIN RV FEATURES AND DEVICES FROM A MOBILE APPLICATION. USERS OF AQUAFI ACKNOWLEDGE AND AGREE THAT THEIR USE AND OPERATION OF AQUAFI IS ENTIRELY AT THEIR OWN RISK, AND THAT LCI IS NOT LIABLE FOR ANY PERSONAL OR BODILY INJURY OR HARM THAT MAY BE CAUSED THROUGH THE ROUTINE INTENDED OPERATION OF AQUAFI OR ANY NEGLIGENT, MISCONDUCT, OR OTHERWISE UNAUTHORIZED USE OF AQUAFI.

 

c.     THESE LIMITATIONS SET FORTH IN THIS SECTION SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT, AND APPLY TO ANYONE USING AQUAFI OR MAKING A CLAIM ON YOUR BEHALF.

 

17.  Indemnification

 

You agree you shall indemnify and hold harmless LCI, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all claims, loss, injury, death, damage, liability, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to your use of AquaFi, violation of this Agreement, the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your AquaFi Account, information, login, or password. LCI reserves the right, at our own expense, to assume the exclusive defense and control of (but not the liability for) any matter otherwise subject to indemnification by you. You will be liable to LCI for LCI’s reasonable attorney fees in such case.

 

18.  Term and Termination

 

a.     Term.  The term of this Agreement commences as of the registration date of your acceptance of these terms, manifested by checking the “I Accept” check-box, and will continue in effect until terminated by you or LCI as set forth in this section.

 

b.     Termination.  Either party may terminate this Agreement at any time. LCI may terminate this Agreement if it ceases to support AquaFi, which LCI may do in its sole discretion. In addition, LCI may terminate this Agreement and your access to AquaFi immediately, with or without notice, if (i) you violate any of the terms and conditions of this Agreement; (ii) you engage in, encourage, or participate in unlawful, deceitful, or fraudulent conduct in any way relating to this Agreement or any of the AquaFi services; or (iii) you do not agree with the modifications to this Agreement as we make available to you. The terminating party shall have all rights and remedies provided by law and under this Agreement. Termination will not limit any of LCI's rights or remedies at law or in equity.

 

Termination Responsibilities.  Upon termination of this Agreement, all rights and licenses granted to you under this Agreement will also terminate, and you shall cease all use of AquaFi and shall delete and uninstall any copies of AquaFi which you have in your possession or under your control. LCI retains all rights, including all intellectual property rights, proprietary rights, and licenses retained in this Agreement. Continued use of AquaFi, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. Following termination, you will continue to be bound by this Agreement to the fullest extent possible.

 

19.  Third Party Advertising and Marketing

 

LCI may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through AquaFi, and via other mechanisms to provide such materials to you outside of AquaFi such as on third party websites or platforms. By consenting to this Agreement, you agree to receive such advertising and marketing from LCI and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. LCI may compile and release information regarding you and your use of AquaFi on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through AquaFi.

 

20.  Third Party Materials

 

a.     Third Party Materials.  LCI may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (“Third Party Materials”) through AquaFi. You hereby acknowledge and agree LCI is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, safety, decency, quality or any other aspect thereof. LCI does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.

 

b.     Third Party Software. Certain software LCI provides to you through or relating to AquaFi may contain certain third-party software, including but not limited to “open source” software. LCI represents and warrants that the licenses governing the use of such third party software allow for LCI’s use and incorporation of such third party software in AquaFi and LCI’s ability to license AquaFi to you for the uses described herein, provided that your use of AquaFi is limited to AquaFi’s intended use and the license granted by this Agreement.

 

c.     No Warranty. LCI makes no warranty or representation whatsoever, express or implied, with respect to the merchantability or fitness for any purpose with respect to the third party software, nor does LCI assume any liability whatsoever with respect to any use of third party software or any portion thereof or with respect to any damages which may result from such use. Any warranties provided hereunder by LCI to you shall not be construed as warranties made by the third party software owner.

 

21.  Additional Terms

 

a.     Apple. Versions of AquaFi downloaded through the Apple® iTunes® app store are designed for use with certain Apple, Inc. (“Apple”) devices. By downloading, accessing, or using AquaFi, you acknowledge that you have also reviewed and accepted, and will regularly review and accept any changes to, the Apple iTunes Store Agreement and Conditions (which may be available at http://www.apple.com/legal/itunes/us/terms.html#APPS); Apple’s Privacy Notice (which may be available at http://www.apple.com/privacy); Apple’s Licensed Application End User Agreement (“Apple LAEULA”) (which may be available at http://www.apple.com/legal/macapps/stdeula/), and all other relevant agreements required by Apple. For the purposes of the Apple LAEULA this Agreement is a “valid end user Agreement between you and the Licensor of that App Store Product.”

 

b.     Google Android. Versions of AquaFi downloaded through the Google Play™ Android® app store, or other Android app stores, are designed for use with certain Android devices. By downloading, accessing, or using AquaFi, you acknowledge that you have also reviewed and accepted, and will regularly review and accept any changes to, the Google Play Terms of Service (which may be available at https://play.google.com/intl/en_us/about/play-terms.html); the Google Terms of Service (which may be available at https://www.google.com/intl/en/policies/terms/); the Google Play Business and Program Policies (which may be available at https://play.google.com/about/android-developer-policies.html); the Google Privacy Policy(ies) (which may be available at https://www.google.com/policies/privacy/); any Google Licensed Application End User Agreement (“Google LAEULA”), and all other relevant agreements required by Google, and/or similar agreements pertaining to other Android app stores not affiliated with Google. For the purposes of any Android device Google LAEULA, this Agreement is a valid end user Agreement between you and the Licensor of that app store product.

 

22.  Electronic Communications

 

As part of your use of AquaFi, you may be asked to elect to receive certain email notifications from LCI and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from LCI related to AquaFi. You may opt-out of receiving certain notifications in association with AquaFi by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important AquaFi announcements or notifications even if you have opted-out from other messages.

 

23.  Assignment

 

You shall have no right to assign or transfer this Agreement or any license granted hereunder, in whole or in part, to any third party without LCI’s express prior written consent.  Any attempt by you to assign or transfer your rights under this Agreement without such consent is null and void. This Agreement shall be binding on the parties and their respective permitted successors and assigns and shall inure to the benefit of the parties and their respective permitted successors and assigns. Notwithstanding the foregoing, LCI may, at its sole and absolute discretion, assign its rights in and to AquaFi and its rights under this Agreement to any third party at any time without notice.

 

24.  Equitable Remedies

 

You acknowledge and agree that a breach or threatened breach by you of any of your obligations under this Agreement would cause LCI irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, LCI will be entitled to equitable relief, including in a restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.

 

25.  Export Control

 

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither AquaFi, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using AquaFi, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

26.  International Use

 

AquaFi are controlled and operated by LCI from within the United States. LCI makes no representations that materials contained within AquaFi are appropriate or available for use in other locations, and access to AquaFi from locations where such activity is illegal is prohibited. Those who choose to use AquaFi from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.

 

27.  Governing Law; Venue; Compliance; Jury Waiver; Attorneys’ Fees

 

a.     Governing Law and Venue.  This Agreement shall be governed, construed and interpreted in accordance with the laws  of  the  State  of Indiana,  which  shall apply without regard  to any  choice  of laws or  conflict of  law provisions which would direct the application of the laws of another jurisdiction.  Venue for any litigation filed with respect to this Agreement shall be exclusive in the courts, state or federal, sitting in Elkhart County, Indiana.

 

b.     Compliance with the Law. LCI reserves the right at all times to disclose any information as LCI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in  LCI’s sole discretion. Users of AquaFi are responsible for compliance with all applicable regulations and laws. 

 

c.     Jury Waiver. TO THE EXTENT ALLOWED BY THE GOVERNING LAW, EACH PARTY HEREBY WAIVES ALL RIGHTS TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION INVOLVING THIS AGREEMENT.  Nothing herein shall prohibit a party from availing itself of a court of competent jurisdiction for the purpose of injunctive relief.

 

d.     Attorneys’ Fees.  In the event LCI institutes suit to enforce any right or obligation against you arising from or incidental to this Agreement, LCI shall be entitled to recover, in addition to any damages or other relief awarded to it, reasonable attorney’s fees, court costs, fees of testifying experts or consultants, and other expenses related thereto.

 

28.  Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

 

29.  Survival

 

All provisions of this Agreement, which by their nature should survive termination shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

 

30.  Independent Entities

 

The parties are separate independent entities, and nothing herein is intended or will be construed as creating a partnership, employment, joint venture or agency relationship between the parties.

 

31.  Notices

 

All notices, requests, demands, waivers, consents, approvals or other communications required or permitted hereunder shall be in writing, and shall be deemed immediately effective when (i) delivered personally, (ii) sent by a nationally recognized same day or overnight courier service, (iii) sent by certified United States mail with first class postage prepaid and return receipt requested, or (iv) sent by equipment which transmits a fax with a printed confirmation page showing receipt of all pages. In each case the notice or other communication shall be addressed to the affected party or parties at the addresses or fax numbers set forth below their signatures, or to such other addresses or fax numbers as the parties may hereafter designate in writing.

 

32.  Headings

 

The Article and Section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

 

33.  Waiver of Terms

 

No waiver by a party of any of the terms, provisions, or conditions hereof shall be effective unless said waiver shall be in a writing signed by an authorized officer of the party against whom the waiver is sought to be enforced. The failure of either party to enforce any term, provision or condition of this Agreement shall in no manner affect the right to enforce the same at a later time, and the waiver by either party of any breach of any term, provision or condition in this Agreement shall not be construed to be a waiver by such party of any subsequent or succeeding breach of such term, provision or condition or a waiver by such party of any breach of any other term, provision or condition.

 

34.  Entire Agreement

 

This Agreement embodies the entire agreement between you and LCI with respect to AquaFi and supersedes and replaces all other agreements existing between LCI and you with respect to AquaFi.  If there is a conflict between this Agreement and any other agreement between the parties, the more restrictive on you shall control. Neither of the parties shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter of this Agreement other than as expressly provided herein.

 

35.  Contact

 

All requests, questions, or concerns related to AquaFi and this Agreement should be directed to LCI via the following contact information:

 

Lippert Components, Inc.

3501 Co Rd 6

Elkhart, IN 46514

United States of America

(574) 535-1125

Email: privacy@lci1.com