The SureDrive application may offer you services provided by third-parties. Third-party applications, websites or services that are not owned or controlled by LoJack. Such third-parties may ask You to provide credit card and other payment information from You to purchase their services. LoJack will not collect, store or use credit card or other payment information. You understand that LoJack has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that LoJack 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 applications, web sites or services.
C. Data Transmissions. You understand that LoJack and Service Providers cannot guaranty the security of data transmissions, and will not be liable for any lack of security relating to the use of the Software or Services or the transmission of data. You further acknowledge that the Service Providers disclaim all liability of any nature to You, whether direct, indirect, incidental or consequential, arising out of use of the Software or Services, and You agree that You will have no claims against the Service Providers of any kind with respect thereto. You agree to indemnify LoJack the Service Providers, and hold LoJack and the Service Providers harmless, for any claims made against LoJack or the Service Providers arising out of use of the Software and Services, including without limitation, claims for libel, slander, infringement of copyright, or personal injury or death, to the fullest extent under the law.
9. PROPRIETARY RIGHTS: You acknowledge and agree that LoJack or LoJack’s Service Providers own all legal right, title, and interest in and to the Software and Services, including any intellectual property rights which exist in the Software and Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge (a) that the Software and Services may contain information which is designated confidential by LoJack and that You will not disclose such information without LoJack’s prior written consent; (b) unless You have agreed otherwise in writing with LoJack, You have no right to use any of LoJack’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features; and (c) You will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Software or Services.
10. SOFTWARE LICENSE:
A. Limited License. LoJack grants You a limited personal, worldwide, non-assignable and non-exclusive license to use the software provided to You by LoJack as part of the Services (referred to as the “Software” below). This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by LoJack, in the manner permitted by this Agreement and your Service Plan. You agree not to access (or attempt to access) any of the Services by any means other than through the interfaces that are provided by LoJack. You agree that You will not engage in activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You may not (and You may not cause or permit anyone else to) copy, reproduce, modify, create any derivative work of, reverse engineer, disassemble, decompile, or otherwise attempt to gain access to or extract the source code of the Software or any part thereof. Or otherwise transfer any part of Your rights to use the Software.
B. Updates. The Software which You use may automatically download and install updates from time to time from LoJack. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and complete new versions. You agree to receive such updates (and permit LoJack to deliver these to You) as part of Your use of the Services.
C. Data Use. The Software and Services may result in You receiving or sending phone calls or SMS (text) messages, and may access the data network, from the mobile device on which the Software is installed and You are solely responsible for any charges that result.
11. SECURITY; PERSONAL INFORMATION AND PRIVACY:
A. Passwords. You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Software or Services. Accordingly, You agree that You will be solely responsible to LoJack for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, You agree to notify LoJack immediately at 1-844-7LOJACK. You agree that, in order to perform its obligations under this Agreement, LoJack may collect personal information about You and about Your assets.
B. Data Access. The Software and Services may access and, phone status and identity, determine your precise or approximate location using GPS and or network-based location, use full network access, You agree to allow this access. Failure to allow any or all of these permissions may result in your inability to use all of some of the features of the Services and Software and LoJack shall no liability for such failures. Location services must be on for service functionality.
C. Data Collection. Examples of the information collected and analyzed by the Services and the Software applications include the Internet protocol (IP) address or any other identifying information for the Unit and your mobile device on which Software is installed; login; e-mail address; password; vehicle and mobile device GPS coordinates, vehicle data bus information captured by the Unit, such as vehicle data bus information captured via a standardized (OBD) connector, computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; purchase history; the full Uniform Resource Locator (URL) clickstream to, through, and from our site, including date and time; cookie number; products you viewed or searched for; the phone number you used to call our phone number; device ID and call information; cellular data settings; and identity. We may also use data on certain parts of our Services and Software applications for fraud prevention and other purposes.
D. Data Uses. We may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. You understand and agree that in conjunction with employee training, quality control and the provision of the Software and Services, LoJack and/or its agents or Service Providers may monitor the activities and location of You and Your assets and the usage of the SureDrive.
E. Unauthorized Access. Further, You understand that privacy cannot be guaranteed on the LoJack system or other systems such as those used in order to provide the Software and Services, and LoJack will not be liable to You or any other third party for any claims, loss, damages or costs which may result from a lack of privacy. You assume full responsibility for the establishment of appropriate security measures to control access to Your respective equipment and information.
12. USE OF APPLICATIONS, SOFTWARE AND WEBSITES: LoJack maintains the applications, software and websites “Software” that You may access in connection with Services You purchase or license from LoJack or LoJack’s authorized agents.
A. Unauthorized Access and Uses. You agree that You, and others You authorize to use the Services and Software will not use or attempt to use the Services or Software for any purpose: 1) that is any way unlawful or prohibited; 2) that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail or unsolicited commercial communications, 3) that transmits any viruses’ 4) that interferes with LoJack’s network services; 5) that attempts to gain unauthorized access to LoJack’s network services; and/or 6) that impairs or limits LoJack’s ability to operate the Software or Services or any other person’s ability to access or use the Software or Services. You agree that You will only access or use information related to You in accordance with the Software and Services You purchase, and not for any illegal purposes.
B. Assumption of Risk. You agree that you will access the Software and Services at your own risk. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE, SERVER, AND THE INTERNET GENERALLY. You understand that LoJack cannot and does not ensure continuous access to the Software or Services. Access may be interrupted due to technical limitations, such as heavy use and server malfunctions, or other circumstances such as maintenance. Your access to and use of the Software and Services may be interrupted if Your rights in and to the Unit are lost for any reason. You will notify LoJack when you plan to sell or dispose of the vehicle containing the Unit. LoJack reserves the right to modify the Software at any time without Your consent. YOU UNDERSTAND AND AGREE THAT LOJACK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM, OR IN ANY WAY CONNECTED TO, YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SOFTWARE OR SERVICES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SOFTWARE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION WILL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
13. LIMITED WARRANTY AND LIMITATION OF LIABILITY:
A. Limited Warranty (Unit). LoJack warrants to You, as the original purchaser, that the Unit will be free from defects in workmanship, excluding installations performed by non LoJack third-parties, and materials under normal use (“Defects”) for a period of three (3) years from the date the Service is activated by the selling party (“Warranty Period”). During the Warranty Period the Unit will be repaired or replaced at LoJack’s choice (“Limited Warranty”) without charge to you for either parts and/or labor. Exclusions: This Limited Warranty does not cover damage caused by normal wear and tear or as a result of the Unit being opened or repaired by someone not authorized by LoJack, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Unit, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Unit. Further this warranty will be deemed null and void if You did not call LoJack prior to transferring Unit to different vehicle. Claims Process: In order to make a claim under the Limited Warranty and the Extended Limited Warranty of a Defect, you must contact LoJack at 1-844-7LOJACK during the Warranty Period to explain the Defect. LoJack will troubleshoot the matter in the event LoJack is unable to resolve the issue, LoJack shall issue a Return Materials Authorization (“RMA”) number, if necessary. Upon receipt of the RMA, You shall arrange to have the Defective Unit returned to LoJack. LoJack shall be responsible for replacement and installation of the replacement Unit. Within thirty (30) days of LoJack’s issuance of an RMA, LoJack shall suspend or cancel the Service for the Defective Unit and will activate the Service for the replacement Unit. Miscellaneous: If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect. If applicable law requires any implied warranties with respect to the Unit, all such warranties are limited in duration of 90 ninety days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you.
B. Software Warranty. For a period of ninety (90) days following the activation of Your SureDrive account by the selling party, LoJack warrants that the Software shall perform in all material respects according to the specifications. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by LoJack or in event performance issues or interruptions are a result of limitations set forth in Section 15 or otherwise contained herein. Should the Software no so perform, Your exclusive remedy, and LoJack’s sole obligation under this warranty shall be correction of this defect. Any warranty offered by third parties, such as resellers, to You is offered solely by the third party and LoJack shall have no responsibility for any such warranty.
C. Service Interruptions. LoJack may in its sole discretion give a credit (the amount of which is determined by LoJack in its sole discretion) for continuous Service interruption of more than 24 hours on a case-by-case basis, as long as such interruptions did not result from any of the limitations set forth in Section 15 or otherwise contained herein, and if You notify LoJack within 7 days of the continuous interruption. Any such credit shall constitute Your sole and exclusive remedy for such failures, and You waive and release us, our affiliates, and our Service Partners from any further liability to you in connection with the Service interruption.
D. Limitation of Liability. EXCEPT AS PROVIDED EXPRESSLY HEREIN, LOJACK WILL NOT BE LIABLE TO YOUOR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF THE SERVICES OR THE SOFTWARE OR FOR ANY ERRORS IN OR INTERRUPTION OF THE SERVICES OR THE SOFTWARE, REGARDLESS OF CAUSE. IN NO EVENT WILL LOJACK’S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES OR THE SOFTWARE IN QUESTION. LoJack will not be liable to You or any third party for consequential, incidental, general, special or exemplary damages, including, without limitation, loss of or damage to Your vehicles or assets or loss of profits, revenues or data, even if LoJack has been advised of the possibility of such damages. You agree to indemnify and hold LoJack harmless from and against any and all losses or damages caused by the use of the Services and the Software, for delay in response by law enforcement agencies or other emergency personnel and/or or for any interruption of the Services and the Software. No action will be brought for any breach of this Agreement more than one (1) year after accrual of such cause of action except by LoJack for money due on an open account. Certain of the above limitations may not apply in some states. To the extent that any such limitations are precluded in a given state, such preclusion will not affect any other limitations not so prohibited or precluded. NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND LOJACK EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND SOFTWARE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LOJACK DOES NOT WARRANT SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES OR SOFTWARE FOR ANY PURPOSE. LOJACK MAKES NO REPRESENTATIONS THAT THE SERVICES WILL BE FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND LOJACK DISCLAIMS ANY LIABILITY RELATING THERETO. LOJACK DOES NOT PROVIDE ANY WARRANTY AS TO THE AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOJACK IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911, OR ANY OTHER EMERGENCY SERVICE, OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. INTERRUPTION OF SERVICES; FORCE MAJEURE: LoJack will have no liability for a failure to provide, or for delay in providing the Services or the Software due directly or indirectly to the Limitations of Technology described in paragraph 15 or other causes beyond the control of LoJack or its subcontractors. If LoJack is unable to wholly or partially perform the Services or the Software because of any cause beyond its control, LoJack may terminate this Agreement without any liability to You, other than the refund of any amounts paid for unused Services.
15. LIMITATIONS OF TECHNOLOGY: You have read, understand, and acknowledge the following inherent technical limitations relating to the use of the Services: (a) Wireless Network Coverage and Service: complete coverage of the service area at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt the Services and Software at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may interfere with the Services and the Software. LoJack utilizes wireless networks with broad coverage areas to access moving vehicles and assets. There are still areas within the Service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available Service area, communication with that vehicle is unavailable until it returns to the available Service area. Also, from time to time, poor coverage areas (“holes“) occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Units and the LoJack Online System. Environmental issues may include; service interruptions, network congestion, roaming and similar access issues. (b) Global Positioning System (GPS) Drift and Urban Canyon: GPS is a satellite based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If that path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the Software and Services to recognize an accurate location. (c) Tampering with the Unit: If the Unit is tampered with, disconnected, or the Unit completely removed, the functionality of the Units, Services, and Software will be jeopardized. (d) Damage to the Unit: If the Unit is damaged or disconnected the functionality of the Units, Services and Software will be jeopardized. (e) Rights and Access to the Unit: If You lose your rights to use the Unit or access to the Unit for any reason, including without limitation as a result of the Unit or the vehicle in which it installed being repossessed, sold, transferred or otherwise taken from your custody or control, Services and Software will be unavailable and this Agreement is subject to immediate termination (f) Privacy: The Units, Services, and Software have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree, and undertake to inform any users of the Units, Services, and Software, that LoJack and any of its Service Providers will not be liable for any lack of privacy or security resulting from use of LoJack products, Services, or Software. In addition, to the extent You have a privacy right in the location, characteristics, performance or operation of a vehicle equipped with a Unit, or in Your own location, You agree to voluntarily waive such right. (g) Availability of Cellular Technology/Mapping: Services are based on cellular technology which may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications. In such event, LoJack will have no obligation to issue a refund or furnish substitute services. In addition, LoJack assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Services are based. Maps and routing information provided by the Software and Services are based on map information available to LoJack through third party Service Providers, which information may be out of date, inaccurate or incomplete. Information may not reflect road hazards, weather, construction, new roads or temporary restrictions or signs. You are solely responsible for exercising judgment, obeying traffic rules, laws and instructions and evaluating for Yourself whether it is safe and legal to follow and maps or routing information. (h) Capacity Limitation: You recognize that unusual concentrations of usage may occur in certain locations. LoJack will incur no liability for its inability to provide adequate Services hereunder arising from or related to a lack of network capacity on the equipment which results from the aforesaid usage concentration, and nothing herein will require LoJack to expend any capital to insure capacity for Your use of the Services and the Software; (i) Data Collection Limitation: You recognize that not all Units may be able to collect all data from every vehicle. LoJack assumes no responsibility for Services and Software features that are unavailable for a particular vehicle or due to limitations introduced by improper installation of the Unit, (j) Mobile Device and Operating System Compatibility: You recognize that the SureDrive software may not be compatible will all mobile devices or all operating systems, or versions of operating systems. It is Your sole responsibility to provide compatible hardware and software, and LoJack assumes no responsibility for Services and Software features that are incompatible with Your mobile device; (k) Vehicle Make and Model Compatibility: You recognize that some or all features of the Software and Services may be unavailable based on the particular Unit installed in the vehicle and the particular make, model, and model year of the vehicle; and (l) Vehicle must be on in order for an incident (i.e. crash or accident) to be detected.
16. TERM AND TERMINATION: This Agreement will remain in full force and effect for the term of the Service Plan You purchase for the LoJack mobile location unit (the “Unit“) identified by You by serial number in connection Your request for activation of the Services.
A. LoJack’s Right to Terminate. Notwithstanding the foregoing, this Agreement will terminate immediately without liability if the authorizations held by LoJack are revoked by the FCC or other authority governing the provision of the Services. LoJack may terminate this Agreement immediately, including the Services, at any time following the expiration of Your initial Service Plan without notice to You.
B. Change in Vehicle Ownership. LoJack reserves the right to terminate this Agreement immediately upon receiving notice that the vehicle in which the Unit is installed has been repossessed, sold, transferred or otherwise taken from your custody or control. Your failure to advise LoJack of any oss of rights in and to the Unit for any reason will result in immediate termination of this Agreement.
C. Post termination. Upon termination or expiration for any reason: Your license to the Software and Services will cease immediately; Your access to the call center in the event of a vehicle accident or any other event will cease immediately; your access to vehicle location information will cease immediately. You are not entitled to a refund or transfer of Services from LoJack in the event of termination or expiration of this Agreement for any reason.
17. ARBITRATION: This Arbitration Provision describes when and how a claim may be arbitrated. A “claim” is any claim, dispute or controversy between You and LoJack that in any way arises from or relates to this Agreement and includes: initial claims, counterclaims, cross-claims and third-party claims; disputes based on contract, tort, fraud and other intentional torts (at law or in equity, including any claim for injunctive or declaratory relief); disputes based on constitutional grounds or on laws, regulations, ordinances or similar provisions; and disputes about the validity, enforceability, arbitrability, or scope of this Arbitration Provision or this Agreement. IF YOU OR WE CHOOSE ARBITRATION,
Either You or LoJack may require any claim to be arbitrated, except neither party is obligated to arbitrate a claim that is brought and maintained as an individual (as opposed to a class) claim and that involves an amount in dispute or claim for damages of less than $25,000. Arbitration begins when a party gives written notice to the other party of the intent to require arbitration. This notice may be given before or after a lawsuit has been started over the claim or with respect to other claims brought later in the lawsuit. Arbitration of a claim must comply with this Arbitration Provision and the applicable rules of the arbitration Administrator. We will not choose to arbitrate an individual claim that You bring against us in small claims court or Your state’s equivalent court, if any. If that claim is transferred, removed or appealed to a different court, or if You modify the claim to seek class relief, we then may choose arbitration.
The arbitration Administrator will be the American Arbitration Association (“AAA”), www.adr.org, (800) 778-7879. If the AAA is unwilling to serve as the Administrator, the parties will attempt to agree upon a substitute Administrator. If the parties are unable to so agree, each will select one representative, and the two (2) representatives will select a third party, and the two (2) representatives and the third party will select the Administrator. Any arbitration hearing that You attend must take place at a location reasonably convenient to Your primary location.
You give up Your right to participate in a class action. This means that You may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other part of this Arbitration Provision, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Arbitration Provision (except for this paragraph) will be null and void.
An Administrator charges fees to administer an arbitration proceeding. This may include fees not charged by a court. When You choose an Administrator, You should carefully review the fees charged by the Administrator. LoJack will pay these fees if required by applicable law or if otherwise necessary to ensure that this Arbitration Provision is enforceable. LoJack will not ask You to pay or reimburse LoJack for any fees LoJack pays the Administrator. If LoJack requires a claim to be arbitrated, LoJack will pay or reimburse You for up to $1,000 in fees that would otherwise be charged to You by the Administrator. However, if either LoJack or You require a Claim to be arbitrated, You may tell LoJack in writing that You are unable to pay the fees charged by the Administrator or that You believe those fees to be excessively high. If You do so, LoJack will pay or reimburse You for up to all of the fees that would otherwise be charged to You by the Administrator if your request is reasonable and in good faith. Each party must pay the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law and/or this Arbitration Provision provide otherwise.
In addition to the parties’ rights to obtain discovery under the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope for discovery normally allowable under the arbitration rules of the Administrator. The Arbitrator will have discretion to grant or deny that request. Judgment upon the arbitration award may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. However, if the amount of the award exceeds $100,000 or is a “take nothing” award, a party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Arbitration Provision to the “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of any appeal will be borne by the appealing party regardless of the outcome of the appeal. This Arbitration Provision is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act. The arbitrator is authorized to award all remedies permitted by substantive law that would apply if the action were pending in court. This Arbitration Provision survives the repayment of all amounts You owe LoJack, the transfer of this Agreement, and any bankruptcy by You, to the extent not inconsistent with applicable bankruptcy law. Except as provided above, if any part of this Arbitration Provision is determined to be invalid or unenforceable, this Arbitration Provision and the Agreement will remain enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules or the other provisions of this Agreement or any other contract between You and LoJack, this Arbitration Provision will govern. You may opt out of this arbitration provision by sending LoJack written notice of your intent to do so by registered mail, provided You send the notice within ten (10) days of the date of this Agreement. If You are a corporation, partnership, association or other business or commercial entity, You agree that notwithstanding anything to the contrary in this paragraph 17: (1) LoJack will not pay any part of Your costs and expenses of arbitration unless ordered to do so by the arbitrator; (2) any arbitration under this Agreement will be held in Orange County, California; and (3) You will not have the right to opt out of this arbitration provision.
A. Governing Law. You agree that this Agreement will be governed by and construed in accordance with the laws of the State of California. Jurisdiction and venue with respect to any claim (including any claim in arbitration pursuant to paragraph 17) or litigation in connection with this Agreement will reside in the County of Orange, California. Your signature (through electronic acceptance) of this Agreement constitutes Your acknowledgment that You will submit Yourself to the personal jurisdiction of the courts with jurisdiction within the County of Orange, California.
B. Severability. If any term hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations, such term will be deemed omitted to the extent prohibited or invalid but the remainder of the terms and this Agreement will not be invalidated and will be given effect so far as possible.
C. Waiver. Any waiver of any right in, or breach of, this Agreement will not be a continuing waiver and will not prevent any claim of breach of the same term or any other term of this Agreement.
D. Assignment. This Agreement is fully assignable by LoJack to any person or entity and will inure to the benefit of such assignee or successor. You may not assign this Agreement without the prior written consent of LoJack.
E. Eligibility and Age Restrictions. The Services and Software are for use only by those who have reached the legal age of majority in Your jurisdiction and have full legal capacity to enter into binding contracts or are at least 13 years of age or older, have reached legal driving age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by this Agreement. If You do not meet these requirements, You must decline these terms and You are not permitted to use the Services or Software.
BY SIGNING (THROUGH ELECTRONIC ACCEPTANCE), YOU AGREE TO ALL TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION UNDER SECTION 17.