LCI OneControl End User License Agreement
Effective Date: November 17, 2015
WARNING! IMPROPER USE OF LCI ONECONTROL (“ONECONTROL APP”) COULD BE DANGEROUS! NEVER USE THE ONECONTROL APP UNLESS YOUR VEHICLE IS PROPERLY PARKED AND SECURED!
IMPORTANT - PLEASE REVIEW THIS LCI ONECONTROL END USER LICENSE AGREEMENT AND ANY ACCOMPANYING USER DOCUMENTATION CAREFULLY BEFORE INSTALLING OR USING THE ONECONTROL APP. IMPROPER USE OF THE ONECONTROL APP OR FAILURE TO ABIDE BY THE TERMS OF THIS LICENSE AGREEMENT COULD RESULT IN PERSONAL INJURY, INCLUDING DEATH. THE ONECONTROL APP IS INTENDED FOR USE BY ADULTS ONLY!
1. The LCI OneControl App. Thank you for your interest in Lippert Components Inc.’s (“LCI”, “we,” “our,” or “us”) OneControl App. The OneControl App puts the power into your hands to remotely control and monitor your connected LCI products using a tablet, smartphone or other smart device. Operate your leveling system, lights, bedroom slide-out, power awning and more with just the push of a button. OneControl also allows you to check water tank levels, battery levels and temperature. Features will be added regularly as the LCI product line continues to expand.
The OneControl App can remotely control and monitor:
- RV auto-leveling systems
- Power jacks and stabilizers
- Interior and exterior lights
- RV slide-out rooms
- Power awnings
- TV and bed lifts
- HVAC thermostat
- Gas and electric water heaters
- Water and fuel tanks
- Back-up camera systems
- Water pumps
- Kitchen and bathroom vents and vent covers
- Automatic door locks
- TV, radio and DVD systems
- Automatic fireplace control
Check your RV owner’s manual or ask your manufacturer if your unit is compatible with LCI’s OneControl App.
PLEASE REVIEW THIS LICENSE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE ONECONTROL APP. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW. PLEASE BE AWARE THAT THIS LICENSE AGREEMENT CONTAINS DISCLAIMERS AND LIMITATIONS OF LIABILITY.
2. Your Agreement with LCI. BY INSTALLING OR USING THE ONECONTROL APP, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT IN THEIR ENTIRETY. IF YOU ARE THE OWNER OR RESPONSIBLE PARTY FOR THE VEHICLE WITH WHICH THE ONECONTROL APP IS USED, YOU AGREE TO NOTIFY ANYONE YOU MAY PERMIT TO USE THE ONECONTROL APP WITH THAT VEHICLE OF THEIR OBLIGATION TO REVIEW AND ABIDE BY THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, SELECT AND CLICK “I DO NOT ACCEPT THE TERMS IN THE LICENSE AGREEMENT,”[BT1] DO NOT USE THE ONECONTROL APP, AND, IF YOU HAVE ALREADY INSTALLED THE ONECONTROL APP, PROMPTLY AND PERMANENTLY DELETE AND REMOVE FROM YOUR DEVCIES
3. Eligibility to Use the OneControl App. The OneControl App is strictly intended for use by adults only. Use or operation of the OneControl App by any person under the age of 18 is a violation of this License Agreement. By installing or using the OneControl App you represent and warrant: (1) that you are at least 18 years of age; (2) that your use of the OneControl App has not previously been suspended or revoked; and (3) that your registration and your use of the OneControl App is in compliance with any and all applicable laws and regulations.
4. Your Representations & Warranties to LCI. By using the OneControl App, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction that restricts the use of the OneControl App 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 OneControl App. By using the OneControl App, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you are using the OneControl App on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. When using the OneControl App, you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the OneControl App.
By using the OneControl App, you represent, warrant, and agree that you will:
(a) Only use the OneControl App for lawful purposes;
(b) Not impair the proper operation of the OneControl App or any network which is used to support or access the OneControl App;
(c) Not use the OneControl App to cause nuisance, annoyance or inconvenience;
(d) Not try to harm the OneControl App in any way whatsoever;
(e) Not copy, or distribute the OneControl App or other content without written permission from LCI;
(f) Not use the OneControl App for sending or storing any unlawful material or for fraudulent purposes;
(g) Only use the OneControl App for your own use and will not resell any aspect of the OneControl App to a third party;
(h) Keep secure and confidential your account password or any identification we provide you which allows access to the OneControl App; and
(i) Provide us with whatever proof of identity we may reasonably request.
5. Grant of Limited License. Subject to your compliance with the terms and conditions of this License Agreement, LCI grants to you, and you accept, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the OneControl App in the original, unmodified, machine-readable, form only, including, without limitation, any data structures created by such programs, and all upgrades, enhancements, and new version releases that may be provided by LCI to you from time to time solely for your personal, non-commercial use and in accordance with and for the purposes contemplated by this License Agreement. This license is granted to you on a perpetual basis; provided, however, LCI retains the right to terminate your license to the OneControl App as provided in this License Agreement. Any rights granted to you are by license only; LCI does not sell or transfer any ownership rights in the OneControl App to you.
6. License & Use Restrictions.
(a) License Restrictions. As a condition of your license to use the OneControl App, you agree not to use the OneControl App: (1) for any purpose that is prohibited by this License Agreement; or (2) for any other purpose not reasonably intended by LCI as typical or expected use of the OneControl App consistent with the purpose for which the OneControl App was created. Any use of the OneControl App other than as specifically authorized herein is strictly prohibited and will immediately terminate the license granted herein. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in this License Agreement. This license is revocable at any time without notice and with or without cause.
(b) Use Restrictions. You may use the OneControl App only in its original form, and will not reverse engineer, decompile, disassemble, decrypt, re-engineer, reverse assemble, reverse compile or otherwise translate or create, attempt to create the source code of the OneControl App or its structural framework (in whole or in part), or perform any process intended to determine the source code for the OneControl App, or assist or otherwise facilitate others to do any of the foregoing. You agree you will not: use the OneControl App 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 force of law; post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any OneControl App User; take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the OneControl App or any activities conducted on or through the OneControl App; bypass any measures we may use to prevent or restrict access to the OneControl App or any part of the OneControl App, including creating multiple LCI Accounts or screen names for an individual OneControl App User, as applicable; interfere with the operation of the OneControl App or any User’s enjoyment of the OneControl App, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the OneControl App; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the OneControl App, or violating the regulations, policies, or procedures of such networks, equipment, or servers; use, copy, adapt, reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise exploit the OneControl App, except as expressly permitted in this License Agreement; interfere with security features of the OneControl App, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the OneControl App or any part thereof, except to the extent that such activity is expressly permitted by applicable law; perform any fraudulent activity using or in connection with the OneControl App, 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; or attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
7. User Conduct.
(a) Use Caution. Because the OneControl App is designed to remotely operate functions and operations of large recreational vehicles, improper use of the OneControl App is inherently dangerous. Any use of the OneControl App in violation of the terms and conditions of this License Agreement is strictly prohibited. Failure to abide by the terms of this License Agreement could result in property damage and personal injury, including death.
(b) For Use by Adults Only. The OneControl App is strictly intended for use by adults only. Use or operation of the OneControl App by any person under the age of 18 is a violation of this License Agreement.
(c) Do Not Use While In Motion. The OneControl App should NEVER be used while driving or if the vehicle is in motion. Never use the OneControl App unless the connected vehicle is properly parked and secured.
(d) Do Not Use If Impaired. The OneControl App should never be used by an impaired user, whether under the influence of alcohol, drugs, or otherwise.
(e) Do Not Use Illegally. You are responsible for ensuring your use of the OneControl App is compliant with all applicable laws, regulations, and policies of all relevant jurisdictions and you agree you will not use the OneControl App for any unlawful purpose.
(f) Use Safely. You agree to take care to protect yourself and others while using the OneControl App, and take all necessary precautions to ensure the safe operation of the OneControl App and the resulting manipulation of all components connected to and controlled by the OneControl App, including 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 the OneControl App 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 YOUR ONECONTROL APP TO OPERATE OR CONTROL A VEHICLE UNDER YOUR CONTROL IN ANY MANNER OUTSIDE THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT OR ANY SUPPORTING DOCUMENTATION THEN LCI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM SUCH IMPROPER USE. IN THE EVENT OF SUCH IMPROPER USE, YOU ALSO AGREE TO INDEMNIFY LCI FOR ALL DAMAGES RESULTING FROM SUCH IMPROPER USE.
8. Accounts and Registration.
(a) Registering for a LCI Account. In order to use or access the OneControl App or certain features of the OneControl App, we may require you to register for a user account (a “LCI Account”) and become a registered user of the OneControl App (a “Registered User”). You may only register yourself as a Registered User. In the event you are asked to obtain a LCI Account and become a Registered User, you agree to: (i) provide accurate, current, and complete information about yourself during the registration process; (ii) maintain and promptly update such information to keep it accurate, current, and complete; (iii) maintain the security of your password, PIN, and login information, and that you will not disclose your password, PIN, or login information to any third party; (iv) accept full responsibility for all use of any LCI Account you register, and for any actions that arise from your LCI Account or take place using your LCI Account, whether or not you have authorized such activities or actions; and (v) immediately notify LCI of any unauthorized use of your LCI Account. Failure to abide by this Agreement shall constitute a breach of the License Agreement, which may result in immediate termination of your LCI Account.
(b) Your LCI Account Information. You may not select or use a LCI 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 a LCI Account, or cancel any account name, in its sole discretion.
(c) LCI’s Termination of Your LCI Account. LCI maintains the right to suspend or disable an LCI Account, or terminate this License Agreement, at its sole discretion and without prior notice to you if you breach the License Agreement, or if LCI otherwise determines such action is warranted. LCI reserves the right to revoke your access to and use of the OneControl App at any time, with or without cause. In the event LCI terminates this License Agreement for your breach, you will remain liable for any amounts due LCI hereunder.
(d) Your Cancellation of Your LCI Account. If you obtain an LCI Account, you may cancel your LCI Account at any time by contacting LCI using the Contact information provided below. Upon cancellation of your LCI 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 the OneControl App, including your links to third party content, comments, likes, and similar content.
9. Hardware Passwords and PINs.
(a) OneControl App PIN. You may be asked to create a PIN number for the OneControl App designed to help secure safety critical features and prevent unauthorized use of the 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 App access PIN, unless required by law.
(b) Hardware Passwords. The OneControl App is designed for use with WiFi and Bluetooth® enabled bonding to help secure the OneControl App and prevent unauthorized access to OneControl App controlled devices. In setting up the OneControl App, you will be asked to create a hardware password to allow your device to connect to OneControl App-enabled hardware and components. You are entirely responsible for maintaining the confidentiality of all hardware passwords you establish to use the OneControl App. 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 THE ONECONTROL APP IS PAIRED WITH A VEHICLE, ANYONE WITH ACCESS TO THE ONECONTROL APP MAY CONTROL THE ONECONTROL APP-ENABLED HARDWARE AND COMPONENTS. YOU ARE SOLELY RESPOSIBLE FOR ENSURING THE SAFE AND LAWFUL USE OF THE ONECONTROL APP VIA YOUR ACCOUNT.
10. Security. LCI takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of the OneControl App and your information and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction. LCI implements security measures as we deem appropriate and consistent with industry standards. However, since no data security protocol is impenetrable, LCI cannot guarantee the security of our systems or databases, nor can we guarantee that information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. As a result, any information you transfer to or from LCI or the OneControl App is provided at your own risk.
11. Modification Of The License Agreement. LCI may need to update this License Agreement periodically to take into account changes in the OneControl App, our business, and changes to the law. Accordingly, LCI reserves the right to modify our License Agreement at any time, in our sole discretion, with or without notice to you. We may contact you directly in the event of changes to this License Agreement, but since we may not always be required to do so, you should periodically review the updated License Agreement to stay informed of any changes and ensure your continued agreement. Modifications to our License Agreement are effective upon our posting of the amended License Agreement to LCI’s website. The terms of the current License Agreement supersede all previous notices or statements and become the terms and conditions that govern your use of the OneControl App. You may determine the date the License Agreement was last amended and the current version by referring to the “Effective” date shown at the top of the License Agreement. Your use of the OneControl App after the Effective date serves as your permission for your personal information to be used under the terms of the current License Agreement.
(a) Content Ownership. All content LCI makes available through the OneControl App is owned by LCI or its third party partners (“LCI Content”). Your use of the OneControl App 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 is strictly prohibited.
(b) User Content. The OneControl App may permit users to post, upload, publish, submit, or transmit content they created, owned, or are authorized to use, to be made available through the OneControl App (“User Content”). By making available User Content through the OneControl App, 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 the OneControl App, 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 the OneControl App, as well as a license to use your name and likeness in marketing materials and in the OneControl App to promote your use of the OneControl App. You agree and acknowledge that this license cannot be terminated, and the waiver cannot be revoked by you once you’ve submitted User content within the OneControl App.
(c) Responsibility for User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the OneControl App. 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 OneControl App, 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 License 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 OneControl App 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 OneControl App.
(d) Removal of User Content. We reserve the right (but assume no obligation) to remove or modify any User Content from the OneControl App at any time, for any reason, including User Content we believe violates this License Agreement.
14. Intellectual Property.
(a) Intellectual Property. The OneControl App and LCI Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this License Agreement, LCI and its licensors exclusively own all right, title and interest in and to the OneControl App 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 OneControl App 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 OneControl App, and copyrighted works associated with the services are common law and/or registered copyrights, trademarks, and/or trade dress of LCI.
(b) License for Use of Intellectual Property. You acknowledge and agree that: (i) all OneControl App are licensed and not sold; (ii) by accepting the licenses set forth in this License Agreement, you acquire only the right to use the OneControl App in accordance with the terms of this License Agreement, and that LCI, or its licensors, will retain all rights, title, interest, including all associated patent, copyright, trademark, trade dress, trade secret and other proprietary rights in and to the OneControl App; and (iii) the OneControl App, including the source and object codes, logic and structure, constitute valuable trade secrets of LCI.
15. Disclaimer of Warranty.
(a) No Warranty. USER ACCESSES AND USES THE ONECONTROL APP AT HIS OR HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONECONTROL APP IS LICENSED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. LCI MAKES NO WARRANTY THAT THE ONECONTROL APP WILL MEET YOUR NEEDS, PERFORM ERROR-FREE OR UNINTERRUPTED, OR THAT LCI WILL CORRECT ALL ERRORS THAT MAY EXIST WITHIN THE ONECONTROL APP. LCI EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY NON-INFRINGEMENT WARRANTY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF LCI, OPERATION OR MISOPERATION OF THE ONECONTROL APP, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF THE ONECONTROL APP OR USER INFORMATION THROUGH UNAUTHORIZED USE, THEFT, OR ANY OTHER MEANS. LCI IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE ONECONTROL APP. LCI MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN. LCI CANNOT GUARANTEE THAT YOU WILL OBTAIN THE RESULTS YOU SEEK OR WARRANT THAT ONECONTROL APP WILL BE ERROR-FREE. LCI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO USE OF ONECONTROL APP OR THE USE OR ACCURACY OF THE INFORMATION ON THE ONECONTROL APP. IN NO EVENT WILL LCI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY PARTNERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. 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 OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE ONECONTROL APP. 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 LICENSE AGREEMENT; OR (B) THE SHORTEST PERIOD PERMITTED BY LAW, WHICHEVER IS GREATER. 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.
(b) No Warranty for Loss or Damage to Person or Property. FURTHER TO AND INCORPORATING ALL TERMS OF THE FOREGOING DISCLAIMER OF WARRANTY HEREIN, LCI EXPLICITLY ADVISES THAT NEITHER LCI NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY PARTNERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE ONECONTROL APP, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMANGE TO PROPERTY, INCLUDING VEHICLES AND COMPUTING DEVICES, LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF THE ONECONTROL APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 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.
16. Limitation of Liability. IN NO EVENT SHALL LCI OR ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY PARTNERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR ANY OTHER LEGAL THEORY FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ONECONTROL APP, EVEN IF LCI OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or other problem or reason, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply. In such states, the liability of lci is limited to the greatest extent permitted by such state law. In no event shall LCI’s total liability for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence, gross negligence or recklessness) or otherwise exceed $50 or the amount paid by THE USER, if any, for accessing the onecontrol app, whichever is greater.
17. Indemnification. You agree to indemnify and hold LCI, its, parent, subsidiaries, affiliates, officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of its use of the OneControl App, the violation of the License Agreement by you, or infringement by you, or other user of the OneControl App using your account, of any intellectual property or other right of any person or entity. 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. This License Agreement is effective until terminated by either party for any of the following reasons: by LCI upon discontinuance of the OneControl App; by you at any time by destroying all copies and installations of the OneControl App; or immediately without notice from LCI if, in LCI’s sole discretion, you fail to comply with any term or provision of this License Agreement. LCI may also terminate this License Agreement at any time with notice. You may not access the OneControl App after termination. LCI retains all rights, including all intellectual property rights, proprietary rights, and licenses retained in this License Agreement. Following termination, you will continue to be bound by this License Agreement to the fullest extent possible.
19. Third Party Advertising & Marketing. LCI may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the OneControl App, and via other mechanisms to provide such materials to you outside of the OneControl App on third party websites or platforms. By agreeing to our License 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 OneControl App 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 OneControl App.
20. Additional Terms.
21. Electronic Communications.
(a) You consent to receive from LCI all communications, including notices, agreements, legally required disclosures or other information in connection with the OneControl App (collectively, "Notices") electronically, which Notices shall be considered to have been provided to you in writing. LCI may provide such Notices by posting them on or within the OneControl App or by otherwise sending or communicating them to you. You agree that we may communicate with you regarding LCI and other entities by electronic means to your mobile device and that certain information about your usage of the OneControl App may be communicated to us.
(b) In the event you change or deactivate your contact information or mobile device, you agree to promptly update your contact information and LCI Account information, as applicable, to ensure that your messages are not sent to the person that acquires your old device. LCI may email you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you wish to opt-out from receiving such communications. You may opt-out of receiving further notifications in association with the OneControl App by completing the opt-out process provided to you with each email message or by contacting us using the contact information provided below. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you.
22. Jurisdiction. This Agreement shall be governed by, construed under and enforced in accordance with the substantive law of the State of Indiana without regard to conflict of laws principles. The exclusive jurisdiction for any litigation required to resolve any disputes under this Agreement shall be in the courts of Elkhart County, Indiana and the Northern District of Indiana, and each of the parties consents to the jurisdiction of such courts in Indiana and waives objection to personal jurisdiction or venue laid therein.
23. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be deemed unlawful, void or unenforceable by a Court with competent jurisdiction, then that particular provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of any remaining provisions. This Agreement is the entire agreement and is effective until terminated by LCI at any time for any reason without notice. The LCI Sites and printed materials are controlled, operated and administered within the United States of America. LCI makes no representation that the LCI Sites are appropriate or available for use outside the United States of America. If you choose to access the OneControl App from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with any applicable local laws. You are prohibited to access the LCI Sites from countries or territories where any content on the LCI Sites may be illegal or prohibited. You shall not use the LCI Sites or any materials contained therein in a manner which may violate any U.S. export laws or regulations. No failure to exercise or delay by a party in exercising any right, power, or remedy under this License Agreement operates as a waiver of such right, power, or remedy. LCI’s remedies are cumulative and not exclusive. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this License Agreement, without liability to LCI. Notwithstanding the foregoing, LCI may, at its sole and absolute discretion, assign its rights in and to the OneControl App and its rights under this License Agreement to any third party at any time without notice. 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 the OneControl App are responsible for compliance with all applicable regulations and laws.
24. Contact. All requests, questions, or concerns related to the OneControl App and this License 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