These Terms of Service (“ Terms ”) apply to your access to and use of the HomeLink Connect application (“HomeLink Connect”) provided by Gentex Corporation (“Gentex”). By accessing or using HomeLink Connect, you agree to these Terms, including, where permitted by applicable law, the mandatory arbitration provision and class action waiver in Section 13. If you do not agree to these Terms, do not use our Services.
Gentex reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of HomeLink Connect, at any time and in its sole discretion. To the extent permitted by applicable law, any changes or modification will be effective immediately upon posting of the revisions on HomeLink Connect, and you waive any right you may have to receive specific notice of such changes or modifications. Where required by law, we will provide you with a thirty (30) day notice using your email and/or your mailing address, or any other contact information we have for you in our discretion, which notice shall set out the new clause, or the amended clause and how it read formerly, and the date on which the amendment will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. Your continued use of HomeLink Connect following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of HomeLink Connect. If you do not agree to the amended terms, you must stop using HomeLink Connect.
If you have any question regarding the use of HomeLink Connect, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about HomeLink Connect or its contents should be directed to 1-800-355-3515 if calling from the U.S./Canada or (0) 0800-046-635-465 if calling outside the U.S./Canada.
Information about you that we may share with Yonomi includes:
Unless otherwise indicated in HomeLink Connect, HomeLink Connect and all content and other materials contained therein, including, without limitation, the Gentex logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "App Materials") are the proprietary property of Gentex or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use HomeLink Connect for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of HomeLink Connect or the App Materials therein; (b) the distribution, public performance or public display of any App Materials; (c) modifying or otherwise making any derivative uses of HomeLink Connect and the App Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; or (f) any use of HomeLink Connect or the App Materials other than for its intended purpose. Any use of HomeLink Connect or the App Materials other than as specifically authorized herein, without the prior written permission of a company officer of Gentex, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
GENTEX, HOMELINK, HOMELINK CONNECT, the Gentex logos and any other Gentex product or service name or slogan contained in HomeLink Connect are trademarks of Gentex, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gentex or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Gentex" or any other name, trademark or product or service name of Gentex without our prior written permission. In addition, the look and feel of the Application, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Gentex and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in HomeLink Connect are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Application, the Gentex or Gentex's products or services that are provided by you in the form of email or other submissions to Gentex, or any postings on the Application, are non-confidential and shall become the sole property of Gentex. Gentex shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Where such an assignment is not affected under applicable law, you provide Gentex with a non-exclusive, world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify or otherwise use, publicly display, distribute, translate and create compilations and derivative works from such materials. Further, you hereby waive any moral rights you may hold in such materials in favor of Gentex.
In consideration of your use of the Application, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on HomeLink Connect ("Registration Data"); (b) maintain the security of your password and other account credentials; (c) maintain and promptly update the Registration Data, and any other information you provide to Gentex, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Gentex.
It is your responsibility to exercise discretion and observe reasonable safety measures as may be necessary, or as may be required by law, to maintain safe operation of your vehicle, to protect your personal safety and property, and to prevent unauthorized use of HomeLink Connect and misuse of your passwords. You may only access and use HomeLink Connect as authorized by these Terms and any other materials Gentex provides to you. Gentex is not liable to you for any unauthorized access or misuse of the Application. You agree that you will not use HomeLink Connect to engage in any activities that are contrary to any applicable laws, rules, or regulations or that would violate the rights of, or cause harm to, any third party.
You understand and agree that HomeLink Connect may be interrupted or negatively affected by items outside of the control of Gentex and that the operation and functionality of HomeLink Connect and its ability to control or affect the devices it connects to depends on the availability and proper operation of a variety of third party components that are outside the control of Gentex, including third party devices or services, home automation systems, electrical power, radio frequency transmissions, integration platforms (such as Yonomi), and internet access (the “Third-Party Components”). AS A RESULT, GENTEX IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY COMPONENTS OR FOR ANY FAILURE OF HOMELINK CONNECT OR DEVICE TO OPERATE AS INTENDED DUE TO ANY THIRD-PARTY COMPONENTS. Gentex is also not responsible for interruptions of or problems with HomeLink Connect caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services obtained by you or Gentex, virus attacks or hackers, failure of third party software, any third-party negligence, willful misconduct, or misuse of the Application.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GENTEX, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, THE APP MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GENTEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO HOMELINK CONNECT AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. GENTEX DOES NOT REPRESENT OR WARRANT THAT HOMELINK CONNECT OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GENTEX DOES NOT REPRESENT OR WARRANT THAT HOMELINK CONNECT OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gentex reserves the right to change any and all content contained in HomeLink Connect and to modify, suspend or discontinue HomeLink Connect or any Services offered through HomeLink Connect or any features or functionality of HomeLink Connect or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Gentex.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL GENTEX, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GENTEX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GENTEX'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GENTEX, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE HOMELINK CONNECT OR THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID, IF ANY, TO GENTEX FOR ACCESS TO OR USE OF THE APPLICATION.
To the fullest extent permitted by applicable law, you release Gentex, its officers, directors, members, employees, representatives, and agents from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
In order for us to provide our Services, you agree that Gentex may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States or those jurisdictions according to laws in such jurisdictions.
This section applies to the fullest extent permitted by applicable law and will not apply to individuals residing in the province of Quebec, where prohibited under the Quebec Consumer Protection Act.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Gentex and limits the manner in which you can seek relief from Gentex, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Gentex agree that any dispute arising out of or related to these Terms or our Services is personal to you and Gentex and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Gentex seeks to bring an individual action in small claims court located in the county of your residence or disputes in which you or Gentex seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Gentex waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Gentex or relating in any way to the Services, you agree to first contact Gentex and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Gentex by email at email@example.com or by certified mail addressed to Gentex Corporation, Attn: Legal Department, 600 N. Centennial St., Zeeland, Michigan 49464. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Gentex cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Ottawa County, Michigan, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Gentex agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitrator, Gentex, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Gentex agree that for any arbitration you initiate, you will pay the filing fee and Gentex will pay the remaining JAMS fees and costs. For any arbitration initiated by Gentex, Gentex will pay all JAMS fees and costs. You and Gentex agree that the state or federal courts of the State of Michigan and the United States sitting in Ottawa County, Michigan have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Gentex will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing us at Legal.Notification@gentex.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section 13.
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
This section applies to the fullest extent permitted by applicable law and will not apply to individuals residing in the province of Quebec, where prohibited under the Quebec Consumer Protection Act. These Terms and your use of HomeLink Connect shall be governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Ottawa County, Michigan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, Gentex reserves the right, without notice and in its sole discretion, to terminate your license to use the Application, and to block or prevent future your access to and use of the Application.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything to the contrary in the EULA set forth above, the following additional terms shall apply to any Applications downloaded for use on the iPhone, iPod Touch or iPad: