Terms and Conditions
Last modified on September 12, 2017.
COMPANY: Company, as used throughout this terms and conditions, means Lightwave Technology Inc.
As described below, the Offerings may incorporate certain features allowing for software and other Updates to be implemented in the future. To the extent such Updates are added to, or enabled for the Products, including automatic software Updates, they will automatically become part of the Offerings and will be subject to these Terms. We may periodically modify these Terms. If we make significant changes to the Terms we will notify you via the Offerings (e.g., by providing notice via our Mobile Apps or email) indicating that the Terms have been changed. By continuing to use the Offerings you are consenting to the revised Terms. If you do not agree with the modifications, you must cease using the Offerings.
PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
2. ELIGIBILITY AND ACCOUNTS
The Products and Offerings are intended solely for users who are legally permitted to operate a motor vehicle. Any registration, use of the Products or access to the Offerings by anyone who is not so permitted is strictly prohibited and in violation of these Terms. By using the Products and Offerings, you represent to us that you are legally permitted to operate a motor vehicle.
In order to use the Products and certain portions of the Offerings, you must have a Company Account (“Account”), or be an Authorized User (as defined below) of an Account Owner. To create an Account, you will use your email address and will be required to create a password. You must provide us with accurate, complete and updated registration information about yourself and the Minor for which you are creating an Account (if applicable). You may not use an email address that you don’t have the right to use, or another person’s name with the intent to impersonate that person. The individual who creates the Company Account is the “Owner.” If an Owner discloses their log-in credentials to another person that individual is authorized by the Owner to utilize the Product and Offerings under that Owner’s Account. Such individual is an “Authorized User.” You (as the Owner of the Account) (i) will inform each Authorized User of these Terms, and (ii) represent and warrant that each such Authorized User understands these Terms and that you agree to ensure each such Authorized User’s compliance with these Terms. You (as the Owner of an Account) are responsible for all actions taken by Minors and Authorized Users and any other third parties related to your Account, including any violations of these Terms by such Minors, Authorized Users and third parties. Accordingly, you must protect the security of your Account and your password and only share these credentials with individuals that you trust to have such access.
3. PRODUCTS AND PRODUCT SOFTWARE
a. Safety. To ensure proper performance of your Product and to best avoid injury or damage, ensure your Product is installed properly in accordance with the Installation Guide and read and follow the information and warnings in the Safety Guide.
b. Product Software License. Subject to and in accordance with these Terms, Company grants to you a nonexclusive, limited, non-transferable license (without the right of sublicense), for your personal, non-commercial use (unless otherwise agreed in a separate agreement between you and Company) to (a) execute one copy of the Product Software and any Updates thereto, in executable object code form only, solely on the Product that you own or control, or are authorized to use and control, and solely for purposes of using the Products, and (b) execute one copy of each of the Mobile Apps and any Updates thereto, per device utilized by you to operate the Product in executable object code form only, solely on the device that you own or control, or are authorized to use and control, and solely for the purpose of operating the Product. c. Wireless Services. The Products utilize wireless services that may incur extra costs. Such costs are governed by the terms of a separate agreement between you and your selected wireless service provider.
d. Resale. Purchases of Products are intended for end users only and are not authorized for resale. e. Limited Warranty. The Limited Warranty Statement for Company Products is available here.
4. MOBILE APPS
If you install and access a Mobile App that was downloaded from an app store or app distribution platform, such as the Apple App Store® or Google Play™, (the “App Provider”), you acknowledge and agree that:
The Terms are concluded between you and Company only, and not with the App Provider, and that we, not the App Provider, are responsible for the Mobile Apps; The Mobile Apps are licensed to you on a limited, non-exclusive, non-transferable basis, and without the right to sublicense, solely to be used in connection with the Offerings for your personal, non-commercial use unless otherwise agreed to in a separate agreement between you and Company;
You will only use the Mobile Apps in connection with a device that you own or control;
You acknowledge and agree that the App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
In the event of any failure of the Mobile Apps to conform to any applicable warranty, including those implied by law, you may notify the App Provider of such failure; upon notification, the App Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Mobile App;
You acknowledge and agree that Company, and not the App Provider, is responsible for addressing any claims you or any third party may have in relation to the Mobile Apps including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; You acknowledge and agree that, in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringe that third party’s intellectual property rights, Company, and not the App Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required by these Terms;
Both you and Company acknowledge and agree that, in your use of the Mobile Apps, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and Both you and Company acknowledge and agree that the App Provider and its subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
5. LIMITATIONS OF OFFERINGS
a. Reliability and Availability. Our aim is that our Offerings are reliable and available, but you acknowledge and agree that they are not intended to be 100% reliable or 100% available. The Mobile App, including the availability of video and alerts, may be subject to interruptions and failures for a variety of reasons that are beyond our control, including your mobile device, your mobile device carrier, the intermittency of your wireless connection and service provider uptime, etc. You acknowledge these limitations and agree that Company is not responsible for any damages caused by failure or delay of the Offerings.
b. Product Requirements. You acknowledge that our Offerings may not work as described when the compatibility requirements have not been met. Company is not responsible for any losses or damages caused by installation and use of the Offerings that do not meet our compatibility specifications.
6. AUTOMATIC SOFTWARE UPDATES
Company may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Offerings (“Updates”). Some of these Updates may be provided to you through automatic software updates. You consent to these automatic Updates and acknowledge that you may be required to install Updates to continue to use the Offerings. To the extent any Updates involve changes to these Terms, you may be required to agree to a revised version of these Terms to use such Updates. Cellular data charges may apply to Updates.
You and your Authorized Users agree to use the Offerings only in a manner that complies with all laws. You and your Authorized Users may not data mine, scrape, crawl, or use any robot or other automatic device, script, technology or process that sends automated queries to the Website, or uses other similar methods or tools, to gather or extract Content (as defined below) from the Offerings. In addition, you and your Authorized Users may not use the Offerings to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You and your Authorized Users may not link to the Website or any portion of the Offerings or Mobile Apps (including linking to a specific portion of the Offerings or framing Content in any way) and you and your Authorized Users may not employ script searches or search results from the Website in a manner that results in the display of any Content on a third party website or elsewhere.
You and your Authorized Users may not modify the manner in which the Offerings are displayed or function, including framing, scraping or any other technique that would alter the display of the Website or the visual display of the Mobile Apps or Offerings, including the Content. You and your Authorized Users may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Website or the Mobile Apps or the proper operation and usage of the Offerings by any other users or third parties. A violation of any of the foregoing is grounds for termination of you and your Authorized Users’ rights to use or access the Offerings.
8. LINKS TO THIRD-PARTY SITES AND MOBILE APPLICATIONS
We may make available a link to a third-party’s website and other mobile applications via the Offerings. These links will let you leave the Website or the Mobile Apps. The linked sites and applications are not under our control, and we are not responsible for the contents of any linked site or application, or any link contained in a linked site or application, or any changes or updates to such sites and applications. We are not responsible for webcasting or any other form of transmission received from any linked site or application. We provide the links to you only as a convenience. We do not endorse any such site or application or its use or contents.
9. UNSOLICITED SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our Offerings. We request that you be specific in your comments. If you or your Authorized Users send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments on any publicly accessible blog or community forum on the Website (collectively, “Submissions”), you and your Authorized Users (as applicable) grant to Company a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, modify, publicly display, publicly perform, distribute and otherwise exploit the Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
11. INTELLECTUAL PROPERTY AND CONTENT
The Offerings, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein (excluding any Submissions), and the arrangement thereof, including the Company company name and logo and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorship, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, "Content"), and all intellectual property and proprietary rights related thereto, are as between you, your Authorized Users and us the sole property of Company. All rights in Content not expressly granted in these Terms are reserved by Company.
Without the prior written consent of Company, you and your Authorized Users shall not (i) use any Company name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other "hidden text" utilizing any Company name or branding element, (iii) use the Company domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Offerings for their intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content.
12. MISCELLANEOUS TERMS
The miscellaneous terms and conditions contained below apply to you to the extent you or your Authorized Users access or use any portion of the Offerings. a. Electronic Communications. You are communicating with Company electronically when you use the Offerings or send an email to Company. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. b. Notifications. In addition to sending notifications to you through the Mobile Apps, Company may also provide notifications to you as required by law or for marketing or other purposes via (at Company’s option) email to the primary email associated with your Company account, hard copy, or posting of such notice on the Company website. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications. Company recommends that you add @lightwavetechnology.com URLs to your email address book to help ensure you receive email notifications from Company.
c. Compliance with Laws. The Products have been designed, marketed, and sold for use by residents of the United States and Canada only. All safety warnings, information, instructions, packaging, in-box materials, Mobile Apps, and support services are provided only in English and French. You are responsible for ensuring that use of the Product is in compliance with all applicable laws and regulations. There may be laws or regulations in the jurisdiction in which you install a particular Product applicable to where and how to install that Product. You acknowledge that you, not Company, are responsible for ensuring your compliance with all applicable laws and regulations in your jurisdiction. Company is not responsible for any injury or other damage caused by installation of the Product or your failure to comply with such laws or regulations. We are not liable or responsible if you violate any such law or regulation.
d. Warranty Disclaimer (Website, Mobile Apps and Content). ANY USE OF THE WEBSITE, MOBILE APPS OR CONTENT, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR AND YOUR AUTHORIZED USERS’ SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE, MOBILE APPS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
e. Limitation of Liability (Website, Mobile Apps and Content). IN NO EVENT SHALL COMPANY OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS (COLLECTIVELY, “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY USER IN CONNECTION WITH THE WEBSITE, MOBILE APPS OR CONTENT FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH COMPANY PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
f. Indemnification. You agree to defend and indemnify the Company Parties from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of your or your Authorized Users’ breach of these Terms and any use of the Offerings other than as expressly permitted in these Terms. The foregoing indemnity obligations will survive any termination of the Terms or your or your Authorized Users’ use of the Offerings. Company may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Company.
g. Termination and Suspension. We may terminate these Terms, or terminate, suspend or restrict you and your Authorized Users’ access to the Offerings, in the event that you or your Authorized Users violate any of the Terms. Upon termination or suspension, you and your Authorized Users’ right to access the Website and use the Offerings will immediately cease. We may discontinue, temporarily or permanently, all or part of the Offerings with or without notice. If your or your Authorized Users’ access to the Offerings is suspended or terminated by us you and they agree that you and they will not attempt to access the Offerings by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval.
h. Violations and Complaints. Without limiting Company’s rights or remedies under these Terms or at law or in equity, Company may investigate complaints related to your use of the Offerings and alleged violations of these Terms and take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations. You and your Authorized Users agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you and they consent to injunctive or other equitable relief for such violations.
i. General. You may not assign these Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect and remain fully enforceable. Company shall not be liable to you for a failure or delay in its performance of any of its obligations under these Terms to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond Company’s reasonable control. Except as expressly stated herein, the Terms constitute the entire agreement between you and Company with respect to the Offerings, and the Terms supersede and replace all prior or contemporaneous communications, proposals, understandings or agreements, whether electronic, oral or written, between you and Company with respect to the Offerings or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Company. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
j. Governing Law and Arbitration; No Class Actions. These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the province of Quebec regardless of your country of origin or where you access the Offerings. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE OFFERINGS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Company’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with Company and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within 30 days of the day you first access or use the Offerings. If you intend to seek arbitration you must first send written notice to Company’s Customer Service Center of your intent to arbitrate ("Notice”). The Notice to Company should be sent by any of the following means: (i) electronic mail to firstname.lastname@example.org; or (ii) sending the Notice by Postal Service certified mail to Lightwave Technology Inc., Attention: Legal, 400 Wright St. St-Laurent, Quebec, Canada, H4N1M6. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you. k. Notice and Contact. Any notices given by you under these Terms shall be given in writing or by email and shall be delivered to the following address:
Lightwave Technology Inc.
Attention: Legal department
400 Wright St.,
St-Laurent, Quebec, Canada, H4N1M6
If you would like to contact customer support, please call us at 1-888-644-8882, or contact us via email at email@example.com