SITE TERMS AND CONDITIONS
These are the Site Terms and Conditions (“Terms” or “Agreement”) for Lippert Components, Inc., and its subsidiaries, affiliates and parent company (collectively “LCI®,” “we,” “our,” or “us”) which govern your access to and use of all LCI operated and controlled websites that link to this Agreement (collectively the “LCI Websites”) and all other online services controlled or provided by LCI (collectively, with the LCI Websites, the “LCI Services”). Please note your access to and use of the LCI Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the LCI Services you agree you are bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE LCI SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
These Terms constitute a binding legal agreement between you and LCI outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Services. By continuing to use the LCI Services, you agree that such use is legally sufficient consideration under this Agreement.
You may use the Services only if you can form a binding contract with LCI and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf 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 the Services 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 the Services.
By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms. These Terms apply to anyone who accesses or uses the Services, whether or not the individual has registered for an account with LCI. By using the Services, you agree you accept the terms and conditions of the Terms, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. In addition, LCI may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice
The LCI Services are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the LCI Services in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the LCI Services you represent and warrant: (1) that you are at least 18 years of age; (2) that you are legally permitted to use the LCI Services; (3) that your use of the LCI Services has not previously been suspended or revoked; and (4) that your use of the LCI Services are allowed by and in compliance with any and all applicable laws and regulations.
You acknowledge that when you use, download, or install the LCI Services, LCI may use automatic means to collect information about your computer or devices, and about your use of the LCI Services including, for example, geolocation data about your device, cookies, web beacons, and other online analytic and usage tracking software. You also may be required to provide certain information as a condition to downloading, accessing, or using the LCI Services or certain of its features or functionality. To learn more about how LCI collects, uses, shares, and secures your information, please review LCI’s .
LCI may from time to time, in its sole discretion, develop and provide the LCI Services 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 the LCI Services, 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 the LCI Services. You agree all Updates shall be deemed part of the LCI Services and be subject to all terms and conditions of this Agreement.
Some of our LCI Services may feature chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. You should review our LCI’s Privacy Notice to learn how we treat information that could identify you gathered via a Chat. If you are signed into an LCI Services Account while using a Chat, the Chat may link the LCI Services Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.
LCI takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of the LCI Services and information LCI collects about you through your use of the LCI Services, 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 the LCI Services are transferred at your own risk.
LCI may modify and update these Terms periodically to take into account changes in the LCI Services, LCI’s business, and changes to the law. LCI reserves the right to modify these Terms at any time, in our sole discretion. We may contact you directly in the event of material changes to these Terms, but since we may not always be required to do so, you should periodically review the updated Terms to stay informed of any changes and ensure your continued agreement.
We will notify you of material changes to these Terms by posting a notice at the LCI Services and, if we have email address on file for you, by contacting you via email. By continuing to access or use the LCI Services after those changes become effective, you agree to be bound by the revised Website Terms. The terms of the current Agreement supersede all previous notices or statements and become the terms and conditions that govern your use of the LCI Services. You may determine the date the Terms were last amended and the current version by referring to the “Effective” date shown at the top of the Terms. Your use of the LCI Services after the Effective date serves as your permission for your personal information to be used under the terms of the current Terms.
The LCI Services 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 the LCI Services 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 the LCI Services 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 the LCI Services, 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 the LCI Services 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 the LCI Services or other Collective Content, or any of the source code or HTML code that LCI uses to generate the LCI Services 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 the LCI Services. 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 the LCI Services provided by third party content providers, and LCI is not liable for any claims related to such information. Any mention in the LCI Services of products or the LCI Services 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 the LCI Services.
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 the LCI Services 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 the LCI Services 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.
Your grant of this license to LCI to utilize your User Content and any derivative works of the User Content created by using the LCI Services 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 the LCI Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the LCI Services, 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 the LCI Services 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 the LCI Services.
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 the LCI Services at any time, for any reason.
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any Content on the LCI Services infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
Designated Agent: DMCA Notice Manager
Address: 3501 County Road 6 E
Elkhart, IN 46514
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the LCI Services.
LCI grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the LCI Services, so long as the links do not portray LCI or its products or Services in a false or misleading manner. You may not use any of LCI’s logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the LCI Services or any of their content is prohibited without the prior written consent of LCI.
The LCI Services may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, and Facebook. You acknowledge and agree that the LCI is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LCI of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that LCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
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 the LCI Services. You further represent, warrant, and agree that: (i) you will only use the LCI Services for lawful purposes, and will not use the LCI Services for any unlawful or fraudulent purposes; (ii) you will not use the LCI Services to cause nuisance, annoyance or inconvenience; (iii) you will not impair the proper operation of the LCI Services or any network which is used to support or access the LCI Services; (iv) you will not try to harm the LCI Services in any way whatsoever; (v) you will not copy, or distribute the LCI Services or other content without written permission from LCI; (vi) you will only use the LCI Services as agreed to with LCI in an authorized writing, and will not attempt to license or resell any aspect of the LCI Services to any third party without LCI’s express authorization; and (vii) you will keep secure and confidential all account passwords or any identification which allow access to the LCI Services.
Please note that some portions of the LCI Services may allow you to download certain Content, applications, software, and other information or materials. LCI makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with LCI or a third party, for example an agreement with a mobile application store.
IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THIS AGREEMENT, OTHER THAN AS EXPRESSLY STATED IN THIS SECTION, THE LCI SERVICES 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 THE LCI 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 THE LCI SERVICES, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF THE LCI SERVICES 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 THE LCI SERVICES BY A PARTY THAT IS NOT A LCI SERVICES USER, INCLUDING TORTIOUS OR ILLEGAL CONDUCT. LCI DOES NOT WARRANT THAT THE LCI SERVICES WILL MEET YOUR OR ANY STATED REQUIREMENTS OR THAT THE OPERATION OF THE LCI SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL LCI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR PARTNERS BE RESPONSIBLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF THE LCI SERVICES PROVIDED OR INFORMATION OR CONTENT OF THE LCI SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE LCI SERVICES (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. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF LCI, COMPUTER VIRUSES OR OTHER SIMILAR ITEMS, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. 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 AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR PARTNERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHERS. IN NO EVENT WILL LCI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY, INCLUDING COMPUTING DEVICES, OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE LCI SERVICES. 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.
THE MAXIMUM CUMULATIVE LIABILITY OF LCI, ITS MANAGING MEMBER(S), AND OFFICERS TO LICENSEE ARISING OUT OF OR RELATING TO THE LCI SERVICES, 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 US$100 OR THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THE LCI SERVICES, WHICHEVER IS GREATER. IN NO EVENT SHALL LCI, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION OR LIMITATIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LCI IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
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 the LCI Services, 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 LCI Services 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.
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.
Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the LCI Services, or the LCI Privacy Notice, 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.
No Class Actions: YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; 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; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. 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.
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 (“Notice”). The Notice to us must be addressed to: Lippert Legal Department, 3501 County Road 6 E Elkhart, IN 46514. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A 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 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, 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.
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.
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.
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.
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.
Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for LCI shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against LCI. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law and Rules: 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. 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.
Severance of Arbitration Agreement: If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement and the following terms shall apply to the extent permitted by applicable law:
Any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
LCI may change, suspend or discontinue the LCI Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. LCI may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the LCI Services with or without notice to you.
LCI may also terminate this Agreement or suspend your use of or access to the LCI Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the LCI Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the LCI Services. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any LCI Services Account information or other LCI Services credentials, to us using the information in the Contact section.
LCI may also remove or disable access to any Collective Content and suspend or ban your access to the LCI Services or any LCI account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact LCI using the information below. You are solely responsible for your interactions with other Users of the LCI Services. LCI reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the LCI Services. 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. Continued use of the LCI Services, 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. 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.
LCI may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the LCI Services, and via other mechanisms to provide such materials to you outside of the LCI Services 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 the LCI Services 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 the LCI Services.
Some of the LCI Services may be mobile or other applications that you can download to your phone, tablet, or other device (each an “LCI Mobile App”) via a third-party service such as an application store. Your use of the third-party service may also be subject to additional terms related to that service from the service provider. WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.
Apple. Versions of the LCI Services downloaded through the Apple® iTunes® app store are designed for use with certain Apple, Inc. (“Apple”) devices. By downloading, accessing, or using the LCI Services, 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.”
As part of your use of the LCI Services, 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 the LCI Services. You may opt-out of receiving certain notifications in association with the LCI Services 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 the LCI Services 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 the LCI Services and its rights under this Agreement to any third party at any time without notice.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the LCI Services, 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 the LCI Services, 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.
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.
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. For the avoidance of doubt, should we employ you, none of the materials in this Agreement constitute or should be considered part of an employment contract or an offer for employment.
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.
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.
This Agreement embodies the entire agreement between you and LCI with respect to the LCI Services and supersedes and replaces all other agreements existing between LCI and you with respect to the LCI Services. 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.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including, but not limited to, that permitted by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The LCI Services are controlled and operated by LCI from within the United States. LCI makes no representations that materials contained within the LCI Services are appropriate or available for use in other locations, and access to the LCI Services from locations where such activity is illegal is prohibited. Those who choose to use the LCI Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws. The following terms apply to users in specific international jurisdictions:
Australia: The following terms apply to residents of Australia. Where any Act of Parliament implies any condition or warranty in relation to your use of the LCI Services and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
Canada: The following terms apply to residents of Canada:
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the LCI Services, please contact us using the information in the below.
European Union: The following terms apply to residents of the European Union:
Children: You may not use any LCI Services if you are under the age of 16.
Exceptions to Liability Limitations & Arbitration: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
United Kingdom: The following terms apply to residents of the United Kingdom:
Children: You may not use any LCI Services if you are under the age of 16.
Exceptions to Liability Limitations & Arbitration: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
We reserve the right to amend this Policy from time to time. When we do amend this Policy, the revised Policy will be posted here so please visit this web page to view the most current Policy.
Effective Date: [Insert Preferred Effective Date]
All requests, questions, or concerns related to the LCI Services 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