LCI OneControl End User Agreement
AGREEMENT REQUIRED: TO ACCESS AND USE ONECONTROL® 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 ONECONTROL.
PLEASE REVIEW THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF ONECONTROL. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE ONECONTROL.
1. LCI OneControl®
Welcome to OneControl® from Lippert Components Inc. (referred to as “LCI”, “we,” “our,” or “us”). OneControl lets users remotely control and monitor certain recreational vehicle (“RV”) systems (referred to as “Devices”) from their smartphone via the OneControl mobile application or hard-wired digital touchscreen panel (collectively “OneControl”). OneControl connects to your RV and allows complete control of many of your RV’s most important functions. From awnings and lighting to automatic leveling systems, water tanks, generators, and more, OneControl allows you to monitor and operate features of your RV.
2. Your Agreement with LCI
This Agreement governs your access to and use of OneControl and constitutes a binding legal agreement between you and LCI. You agree to use OneControl only in compliance with this Agreement and with all applicable local, state, national, and, where applicable international laws, rules, and regulations. Before installing, accessing, using, or interacting with OneControl, 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 OneControl. You may not use OneControl if you do not accept the terms and conditions of this Agreement.
3. Eligibility to Use OneControl
OneControl is strictly intended for use by adults only. Use or operation of OneControl by any person under the age of 18 is a violation of this Agreement. By installing or using OneControl, you represent and warrant: (1) that you are at least 18 years of age; (2) that you are legally permitted to use OneControl; (3) that your use of OneControl has not previously been suspended or revoked; and (4) that your use of OneControl is allowed by and in compliance with any and all applicable laws and regulations. If you are accepting this Agreement and using OneControl 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 OneControl 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 OneControl.
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 OneControl 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 OneControl, LCI may use automatic means to collect information about your computer or devices, and about your use of OneControl including, geolocation data about your device, cookies, web beacons, and other online analytic and usage tracking software. You also may be required to provide certain identifying information as a condition to downloading, accessing, or using OneControl or certain of its features or functionality. All information LCI collects and shares through or in connection with OneControl is subject to LCI’s Privacy Notice, which is available at https://www.lci1.com/privacy-notice. By accepting this Agreement, by downloading, accessing, or using OneControl, or by providing information to LCI under this Agreement directly or through OneControl, you have read and understand 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 OneControl’s collection of location information will disable its location-based features.
If you sell, transfer, lease or dispose of your vehicle or your connected device, you are solely responsible for deleted information contained in the vehicle or connected device, or in your related account.
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 OneControl in the original unmodified form and format provided by LCI solely for your personal, non-commercial use and in subject to your compliance with this Agreement. Any use of OneControl 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 OneControl 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 OneControl.
c. License Limitations. As a condition of your license to use OneControl, you agree not to use OneControl: (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 OneControl consistent with the purpose for which OneControl was developed and provided to you. Further, you agree you shall not:
i. Use OneControl 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 OneControl Account or operate OneControl using your devices, or provide access to your passwords to access your OneControl Account;
iii. Copy, modify, translate, adapt, or otherwise create derivative works of or improvements to OneControl, whether or not patentable or otherwise protectable under intellectual property laws, including any revision, abridgment, condensation, or expansion of OneControl or any other form in which such OneControl may be recast, transferred, or adapted.
iv. Sublicense, assign, sell, rent, lease, lend, disclose, distribute, publish, transfer or otherwise make available OneControl or any features, functionality, or data from or of OneControl, to any third party for any reason, including by making OneControl available on a network where it is capable of being accessed by anyone not explicitly authorized to access OneControl 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 OneControl or any part thereof, or unbundle any components of OneControl or any part thereof, attempt to create the source code of OneControl or its structural framework (in whole or in part), or perform any process intended to determine the source code for OneControl;
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 OneControl 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 OneControl or the number of end users having access to OneControl’s functionality, or creating multiple OneControl Accounts or screen names for an individual OneControl 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 OneControl or any activities conducted on or through OneControl;
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 OneControl user;
ix. Perform any fraudulent activity using or in connection with OneControl, 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 OneControl, 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 OneControl is provided under a limited license to use OneControl, and is not sold to you. You do not acquire any ownership interest in OneControl under this Agreement, or any other rights to OneControl other than to use OneControl 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 OneControl, including, without limitation, OneControl and all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
LCI may from time to time, in its sole discretion, develop and provide OneControl updates, which may include upgrades, revisions, modifications, bug fixes, patches, error corrections, and/or new features (collectively, including any related documentation, the “OC Updates”). OC Updates may also modify or delete in their entirety certain features and functionality of OneControl, and LCI may issue such updates without notice to you. Further, LCI may develop and make available over-the-air firmware and/or software updates (“OTA Device Updates”) for Devices controlled by OneControl. Generally, LCI will attempt to provide you with notice of any OTA Device Updates and to provide you with the choice to accept or reject installation of an OTA Device Update. However, this may not always be possible, and you acknowledge and agree that LCI, its affiliates or a designated agent may remotely provide an OTA Device Update that may be automatically downloaded to your Device without notifying you or seeking consent. These OTA Device Updates may affect or erase data that has been previously stored on your Device. You acknowledge that the functionality of the Device may be affected by the download of the OTA Device Update, and that, once an OTA Device Update has been downloaded to your Device, such Device may not be capable of being restored to its original condition. In the event that an OTA Device Update impacts the functionality of your Device, you agree that LCI shall not bear responsibility for repairing, restoring or replacing such Device (except to the extent LCI has provided a limited hardware or other warranty in connection with such Device separate from this Agreement, and such warranty covers repair, restoration or replacement of the Device).
You agree LCI has no obligation (a) to provide any OC Updates or OTA Device Updates, and (b) to continue to provide or enable any particular features or functionality of OneControl. You agree all Updates and OTA Device Updates shall be deemed part of OneControl and be subject to all terms and conditions of this Agreement.
7. User Conduct
a. Use Caution. OneControl is designed to remotely operate functions and operations of large recreational vehicles. Improper use of OneControl is inherently dangerous. Any use of OneControl 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 OneControl.
b. Do Not Use While In Motion. OneControl must NEVER be used while driving or while the connected vehicle is in motion. Never use OneControl unless the connected vehicle is properly parked and secured.
c. Do Not Use If Impaired. OneControl should never be used by an impaired user, whether under the influence of alcohol, drugs, or otherwise.
d. Do Not Use Illegally. Use of OneControl must adhere to all applicable laws and regulations. You are responsible for ensuring your use of OneControl is compliant with all applicable laws, regulations, and policies of all relevant jurisdictions and you agree you will not use OneControl for any unlawful purpose.
e. Do Not Harass. You will not use the OneControl to harass or harm any person, or for any improper,
unlawful, or unauthorized purpose.
f. Use Safely. You agree to take care to protect yourself and others while using OneControl, and to take all necessary precautions to ensure the safe operation of OneControl and all components connected to and controlled by OneControl. This includes ensuring the area is clear and free from persons, property, or obstructions, ensuring a clear line of sight to the vehicle while using the app, and ensuring OneControl usage is protected from unauthorized users.
g. LCI Not Liable for Improper Use. YOU ACKNOWLEDGE AND AGREE THAT IF YOU OR A THIRD PARTY USE ONECONTROL TO OPERATE OR CONTROL A VEHICLE UNDER YOUR CONTROL 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.
h. Your OneControl Account Information. You may not select or use a OneControl Account name, handle, or login that: (i) is comprised of or includes the name of another person with the intent to impersonate that person; (ii) is subject to any rights of a person other than you without appropriate authorization; (iii) suggests a false association between you and LCI; or (iv) that, in LCI’s sole discretion, is offensive, vulgar, or obscene. LCI reserves the right to refuse registration of an OneControl Account, or cancel any account name, in its sole discretion.
8. Accounts and Registration
a. Registering for a OneControl Account. In order to use or access OneControl or certain features of OneControl, we may require you to register for a user account (a “OneControl Account”) and become a registered user of OneControl (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 obtain a OneControl 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 not disclose your password, PIN, or login information to any third party; (iv) accept full responsibility for all use of any OneControl Account you register, and for actions that arise from your OneControl Account or take place using your OneControl Account; and (v) immediately notify LCI of any unauthorized use of your OneControl Account. Use of OneControl is solely for your personal use. LCI will not be liable for any losses resulting from unauthorized access to or use of OneControl 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 OneControl Account.
b. OneControl Account Data Collection. LCI will collect certain information about you in connection with registration for OneControl Account, which may include personal information and other information such as a username, password, personal profile, pictures, vehicle data and/or location. Some of this OneControl Account information may be displayed within OneControl to others who also have access to OneControl Accounts associated with you. All information LCI collects through or in connection with OneControl and OneControl Accounts is subject to LCI’s Privacy Notice, which is available at: https://www.lci1.com/privacy-notice.
c. LCI’s Termination of Your OneControl Account. LCI maintains the right to suspend or disable an OneControl 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 OneControl 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 OneControl, features, or Content, or restrict your access to parts or all of OneControl with or without notice to you. Upon such termination or suspension, you must immediately cease accessing or using OneControl, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, OneControl. You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access OneControl. 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 OneControl Account. You may cancel your OneControl Account at any time by contacting LCI using the Contact information provided below. Upon cancellation of your OneControl 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 OneControl, including your links to third party content, comments, likes, and similar content.
e. Duty to Notify LCI Upon Sale or Transfer of Vehicle. You must notify us if you plan to sell or transfer your vehicle. This is important to help protect your account and your information, and to avoid being charged for Services after your sale or transfer. To notify us, you may email us at email@example.com and inform us of your plans.
9. Hardware Passwords and PINs
a. OneControl PIN. You may be asked to create a PIN number for OneControl designed to help secure safety critical features and prevent unauthorized use of the OneControl app by others. You agree to create a PIN different and distinct from the hardware password described below, and agree not to share your OneControl access PIN, unless required by law.
b. Hardware Passwords. OneControl is designed for use with WiFi and Bluetooth® enabled bonding to help secure OneControl and prevent unauthorized access to OneControl controlled devices. In setting up OneControl, you will be asked to create a hardware password to allow your device to connect to OneControl-enabled hardware and components. You are responsible for maintaining the confidentiality of all hardware passwords you establish to use OneControl. 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. ONCE ONECONTROL IS PAIRED WITH A VEHICLE, ANYONE WITH ACCESS TO ONECONTROL CAN OPERATE AND CONTROL ONECONTROL-ENABLED HARDWARE AND COMPONENTS. YOU ARE SOLELY RESPOSIBLE FOR ENSURING THE SAFE AND LAWFUL USE OF ONECONTROL VIA YOUR ONECONTROL ACCOUNT.
LCI takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of OneControl and information LCI collects about you through your use of OneControl, and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Any information you transfer to or from LCI or OneControl is transferred at your own risk. We are not responsible for the acts of third parties who may access the OneControl 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 OneControl and your information.
11. Modification of this Agreement
LCI may modify and update this Agreement periodically to take into account changes in OneControl, 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 OneControl. 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 OneControl after the Effective date serves as your permission for your personal information to be used under the terms of the current Agreement.
a. Content Definitions. There are various types of content involved in providing and operating OneControl. 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 OneControl. “LCI Content” means Content that LCI makes available to you through OneControl, 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 OneControl 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 OneControl, 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 OneControl 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.
OneControl 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 OneControl 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 OneControl 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 OneControl, 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 OneControl 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 OneControl or other Collective Content, or any of the source code or HTML code that LCI uses to generate OneControl 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 OneControl. 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 OneControl provided by third party content providers, and LCI is not liable for any claims related to such information. Any mention in OneControl of products or OneControl 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 OneControl.
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 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 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 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 OneControl 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 OneControl. By making available User Content through OneControl, 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 OneControl, 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 OneControl, or for advertising or marketing of OneControl, as well as a license to use your name and likeness in marketing materials and in OneControl to promote your use of OneControl. 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 OneControl.
Your grant of this license to LCI to utilize your User Content and any derivative works of the User Content created by using OneControl 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 OneControl. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through OneControl, 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 OneControl 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 OneControl.
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 OneControl 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 OneControl; (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 OneControl 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 OneControl, 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 OneControl 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 OneControl.
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 who can be contacted at: firstname.lastname@example.org.
Please also be aware that if you knowingly materially misrepresent that material or activity on OneControl 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 OneControl 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 OneControl.
b. LCI’s Representations & Warranties. LCI warrants to you that LCI will use commercially reasonable efforts to deliver OneControl in accordance with this Agreement. LCI warrants that all OneControl 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, ONECONTROL AND ALL SOFTWARE AND SERVICES PROVIDED BY LCI (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL OC UPDATES AND OTA DEVICE UPDATES) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” 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 ONECONTROL AND ALL SOFTWARE AND SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL OC UPDATES AND OTA DEVICE UPDATES), 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 ONECONTROL, COMPUTER VIRUS, CYBESECURITY INCIDENT OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF ONECONTROL 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 (“LCI REPRESENTATIVES”) BE HELD LIABLE FOR ANY USE OF ONECONTROL BY A PARTY THAT IS NOT A REGISTERED USER, INCLUDING TORTIOUS OR ILLEGAL CONDUCT. LCI DOES NOT WARRANT THAT ONECONTROL AND ALL SOFTWARE AND SERVICES PROVIDED (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL OC UPDATES AND OTA DEVICE UPDATES) WILL MEET YOUR OR ANY STATED REQUIREMENTS OR THAT THE OPERATION OF ONECONTROL 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 ONECONTROL AND ALL SOFTWARE AND SERVICES PROVIDED (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL OC UPDATES AND OTA DEVICE UPDATES) OR INFORMATION OR CONTENT OF ONECONTROL, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, 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 APPLICABLE 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 LCI REPRESENTATIVES BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHERS. IN NO EVENT WILL LCI OR ANY 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 ONECONTROL AND ALL SOFTWARE AND SERVICES PROVIDED (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL OC UPDATES AND OTA DEVICE UPDATES). 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 INCLUDING, BUT NOT LIMITED TO, ANY AND ALL OC UPDATES AND OTA DEVICE UPDATES), 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. 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 LCI’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 ONECONTROL. LCI DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY AND RESPONSIBILITY FOR YOUR USE OF ONECONTROL. ONECONTROL ALLOWS USERS TO OPERATE CERTAIN RV FEATURES AND DEVICES FROM A MOBILE APPLICATION. THE ROUTINE OPERATION OF THESE FUNCTIONS MAY BE DANGEROUS TO THE ONECONTROL USER OR OTHER PERSONS NEAR A VEHICLE OR VEHICLE FEATURES CONTROLLED BY ONECONTROL. USERS OF ONECONTROL ACKNOWLEDGE AND AGREE THAT THEIR USE AND OPERATION OF ONECONTROL AND THE RESULTING OPERATION OF RV VEHICLE FEATURES 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 ONECONTROL OR ANY NEGLIGENT, MISCONDUCT, OR OTHERWISE UNAUTHORIZED USE OF ONECONTROL.
c. THESE LIMITATIONS SET FORTH IN THIS SECTION SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT, AND APPLY TO ANYONE USING ONECONTROL OR MAKING A CLAIM ON YOUR BEHALF.
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 OneControl, 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 OneControl 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 OneControl, which LCI may do in its sole discretion. In addition, LCI may terminate this Agreement and your access to OneControl 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 OneControl 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 OneControl and shall delete and uninstall any copies of OneControl 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 OneControl, 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 OneControl, and via other mechanisms to provide such materials to you outside of OneControl 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 OneControl 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 OneControl.
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 OneControl. 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 OneControl 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 OneControl and LCI’s ability to license OneControl to you for the uses described herein, provided that your use of OneControl is limited to OneControl’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 OneControl downloaded through the Apple® iTunes® app store are designed for use with certain Apple, Inc. (“Apple”) devices. By downloading, accessing, or using OneControl, 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.”
22. Electronic Communications
As part of your use of OneControl, 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 OneControl. You may opt out of receiving certain notifications in association with OneControl 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 OneControl announcements or notifications even if you have opted out from other messages.
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 OneControl 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 OneControl, 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 OneControl, 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
OneControl is controlled and operated by LCI from within the United States. LCI makes no representations that materials contained within OneControl are appropriate or available for use in other locations, and access to OneControl from locations where such activity is illegal is prohibited. Those who choose to use OneControl from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
a. Any dispute, claim or controversy arising out of or relating to your use of OneControl, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Elkhart, Indiana before one arbitrator or submitted to small claims court in Elkhart, Indiana. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.
b. No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
c. Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Arbitration Notice”). The Arbitration Notice to us must be addressed to: Lippert Components, Inc., Attn: Legal Department 4100 Edison Lakes Pkwy, Mishawaka, IN 46546. If we initiate arbitration, we will send a written Arbitration Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you. An Arbitration Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Arbitration Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive notice that you have commenced arbitration via an Arbitration Notice, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
d. Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
e. Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
f. Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
g. Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
h. Governing Law and Rules: Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
28. 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. Notwithstanding the binding arbitration requirement set forth herein, the 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 OneControl 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.
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.
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.
31. 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.
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.
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.
34. 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.
35. Entire Agreement
This Agreement embodies the entire agreement between you and LCI with respect to OneControl and supersedes and replaces all other agreements existing between LCI and you with respect to OneControl. 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.
All requests, questions, or concerns related to OneControl 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