ARQ™ Universal Remote Control
This version is in effect since March 1 , 2017.
The Chamberlain Group, Inc. and its subsidiaries and affiliates (collectively, “Chamberlain”) provide or may hereafter provide software that, among other things, is pre-loaded or may be downloaded to your Smartphone or tablet (“Mobile Apps”) all for use in conjunction with the ARQ™ Universal Remote Control and related products. The ARQ™ Universal Remote Control and related products may interface, be used in conjunction, or otherwise communicate, with products and services from third parties.
COMPATIBILITY NOTICE: The ARQ™ Universal Remote Control is compatible with almost all major sectional garage door openers manufactured after 1993. The introduction of new products from third parties may affect compatibility. For confirmation regarding compatibility with your devices, check http://arq.chamberlain.com before installation. These Terms govern all issues and rights with respect to compatibility.
IMPORTANT WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE SYSTEM, OR ANY CONTROLS THEREOF. YOU MUST NEVER USE ANY OPERATOR OR LIGHT CONTROLS OF THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE SYSTEM WHILE DRIVING.
I. GENERAL TERMS, ACCEPTANCE, AND ELECTRONIC CONSENT
The ARQ™ Universal Remote Control is an in-car remote control system for sectional garage doors, other barriers and certain related fixtures such as lights. The ARQ™ Universal Remote Control includes certain software and firmware that may be modified from time to time with new Mobile Apps that are downloaded to a Smartphone and which, in turn, communicate with and update the ARQ™ Universal Remote Control. These Terms govern your access to and use of Chamberlain’s proprietary ARQ™ Universal Remote Control, its included software and firmware, and all related Mobile Apps downloaded for use in conjunction with the ARQ™ Universal Remote Control (the ARQ™ Remote control, all related software and firmware, and all related Mobile Apps are collectively referred to as the “System”). This license agreement covers all aspects of the System.
1. Agreement to Terms
BY ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS (FOR EXAMPLE, BY CLICKING “AGREE”) OR BY ACCESSING, USING, DOWNLOADING, OPENING OR INSTALLING THE MOBILE APPS OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
YOU REPRESENT AND WARRANT THAT YOU ARE (I) OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO THIS AGREEMENT, (II) AUTHORIZED TO ENTER INTO THESE TERMS, (III) AUTHORIZED TO ACCESS OR OPERATE THE GARAGE DOOR OPENER(S), LIGHTS OR OTHER PRODUCTS THAT YOU ACCESS THROUGH THE SYSTEM, AND (IV) AGREEING TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SERVICES and delete all Mobile APPS.
2. Consent to Electronic Signature and Documentation.
By acknowledging your acceptance of these Terms (by, for example, clicking on the “Agree” button), you consent to use electronic communications, electronic records, and electronic signatures (collectively, “Documentation”) rather than paper documents for all purposes in connection with your use of the System. You agree your electronic signature is the legal equivalent of, and is as valid as, your handwritten signature.
a. You can receive a paper copy of all Documentation (free of charge) by calling Chamberlain at 1-877-ARQ-SYNC (1-877-277-7962).
b. To receive Documentation electronically, you must have a working email address, PDF software, and a computer or other access device that can access the Internet using a web browser capable of supporting 128-bit, SSL encrypted communications (such as Internet Explorer version 7.0 or higher, Firefox version 3.0 or higher, Chrome 14.0 or higher, or Safari 5.0 or higher).
3. If You Do Not Want To Agree.
IF YOU DO NOT AGREE TO ALL THESE TERMS, CHAMBERLAIN IS UNWILLING TO PERMIT YOU TO ACCESS OR USE THE SYSTEM OR TO GRANT YOU A LICENSE HEREUNDER. IN THAT CASE, YOU ARE NOT PERMITTED TO INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE SYSTEM AND YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE SYSTEM AND DELETE ALL MOBILE APPS MADE AVAILABLE TO YOU BY CHAMBERLAIN.
II. LICENSE TERMS
4. License Granted.
Subject to these Terms, Chamberlain grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited license to use and install certain software, including Mobile Apps and firmware associated with the System solely in connection with your use of a Device (such as a garage door opener) that you are authorized to access and use (the “License”). This license does not allow You to use the System on any Devices that You do not own or control,
You will be permitted to use and download, as may be needed, the firmware and software for the ARQ™ Universal Remote Control, including certain Mobile Apps. The Mobile Apps may initially be accessed through Chamberlain’s website AT http://arq.chamberlain.com or a different website that may be designated by Chamberlain from time to time such as (each, a “Site”).
You agree that Chamberlain (or, if applicable, its licensors) has and will retain all right, title, interest and ownership in and to each Site, Mobile Apps, and the System (and all modifications and derivative works thereof), including any trademarks, copyrights, patents and trade secrets and other intellectual property and proprietary rights with respect thereto or contained therein.
Chamberlain and its licensors reserve all rights and licenses not expressly granted to you herein.
Except for the License, no license is granted to you under these Terms, whether by implication, waiver or estoppel.
These Terms do not constitute a contract for the sale or goods or services. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Chamberlain may from time to time make available Mobile Apps that work with the System. Without limiting any restrictions set forth elsewhere in these Terms, the license granted to you for any Mobile App is limited to a non-transferable license to use the Mobile App on a single mobile device that you own or control.
• The Mobile Apps and all preinstalled software and firmware are licensed, not sold, to you for use only under these Terms.
• This license does not allow you to use the Mobile Apps on any mobile device that you do not own or control, and you may not distribute or make the Mobile Apps available over a network, or where it could be used by multiple devices at the same time.
• Chamberlain does not guarantee that the Mobile Apps will be available for, or function in connection with, all smart phones or other mobile devices.
• The additional content and services associated with a Mobile App may also change at any time in Chamberlain’s sole discretion
Without limiting any of the other restrictions set forth in these Terms, you may not rent, lease, lend, sell, redistribute or sublicense the software, firmware or Mobile Apps you access or use hereunder, and you will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any firmware, software or Mobile Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with any Mobile Apps). Any attempt to do so is a violation of the rights of Chamberlain and its licensors and a material breach of this agreement.
If you breach this restriction or any other terms or conditions contained herein, you may be subject to prosecution and damages.
These Terms will govern any upgrades provided by Chamberlain, unless such upgrade is accompanied by a separate license designated by Chamberlain, in which case the terms of that separate license will govern.
5. License Fees.
Chamberlain does not currently charge fees for your access to, or use of, the System (“License Fees”). Chamberlain, however, reserves the right, at any time hereafter, to charge (and modify) License Fees.
6. Termination or Suspension.
Chamberlain reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event shall Chamberlain be liable for the removal of or disabling of access to any Services.
III. Limited Warranty and Disclaimers.
7. Use of System; Disclaimers.
The System is designed to allow users to activate compatible garage doors, other barrier operators, and lights. More information about supported functionality and capabilities of the System is available at http://arq.chamberlain.com.
IMPORTANT WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH THE MOBILE APPS OR OTHER PARTS OF THE SYSTEM, OR ANY CONTROLS THEREOF. YOU MUST NEVER USE ANY OPERATOR OR LIGHT CONTROLS OF THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE SYSTEM WHILE DRIVING.
You acknowledge and agree as follows:
a. The System is NOT an alarm or security system does NOT provide fire, heat, smoke, carbon monoxide, burglar, motion sensor, or other alarm or detection capabilities and must not be used as a substitute for appropriate home safety detectors or equipment. Chamberlain does not provide monitoring of the System or any items connected to the System; such monitoring is solely your responsibility.
b. You are solely responsible for ensuring that all equipment connected to the System is correctly and safely installed and maintained in proper working order. Chamberlain will have no responsibility or liability whatsoever for any failure or malfunction of any garage door opener or other device connected to or activated by the System.
c. You are solely responsible for the installation of the System and for providing internet connectivity and electric power needed to operate the System. Chamberlain will have no responsibility or liability for interruptions of electric power or internet connectivity.
d. The System may automatically download and install on the System certain software and firmware updates. You hereby consent to receiving, downloading and installing such updates without any separate notice from Chamberlain.
e. Chamberlain may change the System at any time without providing you notice and without having any liability to you or any other person or entity. Chamberlain may post descriptions of changes to the System on a Site. If you do not agree with any such changes, your sole and exclusive remedy is to not use the System. Your continued use of the System constitutes your acceptance of an agreement to such changes.
8. You understand that any applications connected to the internet are subject to inherent risks common to the internet, such as hackers, viruses, et cetera. Chamberlain will have no responsibility or liability for wrongful acts or conduct of any third party committed through use of the internet that may affect you or the System. You agree that no data transmitted over the Chamberlain networks, the internet, or through wireless means is or can be guaranteed to be secure. Chamberlain does not guarantee that data submitted or transmitted to Chamberlain will be free from unauthorized disclosure, access, misappropriation or intrusion.
8. Limited Warranty; Disclaimer.
a. The ARQ(r) Universal Remote Control is subject to the limited warranty provided by your new car manufacturer. The sole warranty provided by Chamberlain with respect to the System and is a limited warranty, effective for two years from the date of purchase, to use commercially reasonable efforts to correct or bypass a material defect in the System, as determined solely by Chamberlain based on Chamberlain’s then-current published specifications for the System (the “Limited Warranty”).
b. The Limited Warranty is for your benefit only as the original purchaser of the System and may not be enforced by any other person or entity.
c. The Limited Warranty is for your benefit only as the original purchaser of the System and may not be enforced by any other person or entity.
d. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(A) ABOVE, ALL PARTS OF THE SYSTEM THAT ARE OR MAY BE PROVIDED BY CHAMBERLAIN OR ITS AFFILIATES ARE PROVIDED “AS IS”, WITH ALL FAULTS.
e. TO THE FULLEST EXTENT PERMITTED BY LAW, CHAMBERLAIN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM AND ANY ELEMENT THEREOF.
f. NOTHING IN THESE TERMS DOES, OR SHALL BE CONSTRUED TO, WARRANT THAT THE ARQ™ UNIVERSAL REMOTE CONTROL AND RELATED SYSTEM IS COMPATIBLE WITH ALL (OR ANY PARTICULAR) GARAGE DOOR OPENERS OR OTHER DEVICES. WITHOUT LIMITATION, DEVICES MANUFACTURED BEFORE 1993 MAY BE INCOMPATIBLE. SOME GARAGE DOOR OPENERS OR OTHER DEVICES SOLD AFTER THE DATE OF THESE TERMS MAY ALSO PROVE TO BE INCOMPATIBLE.
g. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(A) ABOVE, CHAMBERLAIN HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE.
h. CHAMBERLAIN DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE OPERATION OF THE SYSTEM, THE SERVICES, OR ANY MOBILE APP, OR OTHER PORTION OF THE SYSTEM, IS OR WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU OR (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE SYSTEM WILL BE AVAILABLE OR USABLE, OR (III) THE FUNCTIONS CONTAINED IN OR TO BE PROVIDED BY THE SYSTEM WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY STATE OR FEDERAL LAW OR BUILDING CODE, INSURANCE REQUIREMENTS, OR SIMILAR REGULATIONS. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF THE SYSTEM SHALL BE WITH YOU. Some states or other jurisdictions do not allow the exclusion of an implied warranty, so the above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction.
i. You are solely responsible for the selection, maintenance or use of any l interface or internet devices provided by third parties, including routers, networking equipment or other products installed at your premises, or their installation, connection, operation, or compatibility, or for any interference caused thereby.
j. You are solely responsible for the selection, maintenance or use of any l interface or internet devices provided by third parties, including routers, networking equipment or other products installed at your premises, or their installation, connection, operation, or compatibility, or for any interference caused thereby.
9. Restrictions on Use.
You are not permitted to, and agree you will not, use the System, with any equipment for which it is not designed (as determined in Chamberlain’s sole discretion) or that is not properly installed and in good operating condition.
You will use the System for your own personal purposes only, and not for rent or for hire.
In using the System, you must: (A) properly maintain your Device; (B) not use the System, in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (c) not use the System, in any manner other than as intended by Chamberlain and expressly permitted by these Terms; (D) not use the System, in any manner that could harm Chamberlain, its service providers, its affiliates, or any other person; and (E) strictly comply with these Terms and any other requirements or restrictions requested or imposed by Chamberlain from time to time.
IV. MISCELLANEOUS PROVISIONS
10. Operational Information.
You will regularly review and are responsible for regularly reviewing the instructions, FAQs and user information available at http://arq.chamberlain.com and ensuring that every authorized user understands how to properly use the System.
11. Additional Provisions Regarding Intellectual Property Ownership.
The software contained within the ARQ™ Universal Remote Control product, the Sites and the System is, in whole or in part, © 2017 The Chamberlain Group, Inc.
Portions of the software contained within the ARQ™ Universal Remote Control software, the Sites, or the System may be subject to other copyrights, trademarks and obligations of third parties.
All trademarks, logos, and service marks (“Marks”) displayed on, and all copyrighted material used in connection with, the Services are the property of Chamberlain or their respective holders. You are not permitted to use any Marks or copyrighted materials without the applicable prior written consent of Chamberlain or such respective holders. You acknowledge that as between you and Chamberlain or the holders of such intellectual property rights, Chamberlain or the third parties are the sole owners of such rights.
Certain items of third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). To the extent used, all Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that override, the terms of any relevant license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL. See Additional Copyright Notice and Obligations at http://arq.chamberlain.com/copyright.
12. Idea Submission.
If you submit to Chamberlain a comment, idea, recommendation, suggestion or any other material (“Feedback”) related to the Devices or the System (excluding any illegal content), including through a Site or a Mobile App, you will and hereby do irrevocably assign to Chamberlain, without further consideration, all of your right, title and interest in and to such Feedback, and all intellectual property rights related thereto, throughout the world, and acknowledge that Chamberlain will be entitled to use and implement, and to authorize others to use and implement, such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.
To the extent that the foregoing is deemed ineffective, you will and hereby do grant to Chamberlain (and its successors and assigns) a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, paid-up right and license, with the right to grant sublicenses to others, through multiple levels, to use, display, reproduce, modify and distribute and otherwise freely exploit the Feedback, in whole or in part, in any and all media, whether alone or together or as part of any material of any kind or nature.
By submitting Feedback, you represent and warrant to Chamberlain that (i) you have all necessary rights in and to such Feedback to do so and to provide the foregoing assignments and grants, (ii) none of the Feedback (or the information contained therein) infringes, misappropriates or violates any proprietary, intellectual property or other rights of any other person or entity, or contains any libelous, tortious, or otherwise illegal content.
13. Data Plan Required.
In order to use the System, including downloading Mobile Apps, you must separately purchase an appropriate data plan from your wireless carrier. Chamberlain is not responsible for such usage or overage fees or for actions that your wireless carrier may take against you for using data.
14. Indemnity and Release; Limitation of Liability.
a. You will, at your sole cost, indemnify, defend and hold Chamberlain, its affiliates, and its and their respective distributors, dealers, resellers, providers, suppliers, licensors, officers, directors, employees, agents, independent contractors and representatives (collectively, the “Chamberlain Indemnified Parties”) harmless from and against any and all losses, damages, and expenses (including attorneys’ fees and costs and expenses of investigation) arising or resulting in any manner from your breach of or other failure to strictly comply with these Terms or from any access to or use of (or the inability to access or use) the System, or any portion thereof. YOU HEREBY RELEASE AND WILL RELEASE CHAMBERLAIN AND THE OTHER CHAMBERLAIN INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SYSTEM, INCLUDING CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SYSTEM, EVEN IF CAUSED BY THE FAULT OR NEGLIGENCE OF Chamberlain OR ANY OTHER CHAMBERLAIN INDEMNIFIED PARTY, OR THE MALFUNCTION OF THE SYSTEM.
b. Chamberlain is not assuming responsibility or liability for any losses or damages (including any direct, indirect, special, reliance, incidental or exemplary damages and consequential damages or loss of anticipated profits, attorneys fees or economic loss), irrespective of the cause, that may occur even if due to Chamberlain’s negligent performance or failure to perform any obligation under these Terms or any other basis. In the event of any breach of these Terms by Chamberlain, your sole and exclusive remedy, and Chamberlain’s sole and exclusive obligation, will be, at Chamberlain’s option, for Chamberlain to use commercially reasonable efforts to refund of the applicable License Fee (if any) paid by you for the portion of System that is the subject of such breach by Chamberlain.
c. In the event that, notwithstanding these Terms, Chamberlain is held to be liable to you, or any invitees, agents, employees or other person or entity, regardless of the legal theory asserted, whether arising out of contract, extra-contractually or in tort (including actions based on negligence, gross negligence, strict liability, and willful and/or intentional conduct), warranty, indemnity, or other theory of liability and whether related to the design, performance, use, defect or failure of a product or service, then to the maximum extent permitted by applicable law, the limitation of Chamberlain’s liability for any and all harm, damages, injury or loss will not exceed, in the aggregate, the greater of $100 or the amount of License Fees (if any) actually paid by you to Chamberlain during the twelve (12) month period preceding the last event giving rise to such liability. YOU HEREBY RELEASE AND WILL RELEASE CHAMBERLAIN AND THE OTHER CHAMBERLAIN INDEMNIFIED PARTIES FROM, AND WAIVE ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION OR LOSS OF DATA (DIRECT OR INDIRECT), GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, ATTORNEYS FEES, REPUTATION, REVENUE, OR PROFITS), EVEN IF FORESEEABLE OR THEY WERE ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, AND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHER THEORY OF LIABILITY. This limitation is a material inducement for Chamberlain to furnish the System to you. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
d. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THESE TERMS, OR THE SYSTEM WILL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED.
15. Compliance with Laws. You agree that you are solely responsible for any access to or use of the System. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
16. Notices. You should address any written notice to Chamberlain to 300 Windsor Drive, Oak Brook, IL 60523 or another address designated in writing by Chamberlain to you. Chamberlain will address any written notice to you to your e-mail address provided in your written notice; you hereby consent to receive all notices and other communications relating to the System, so long as you use the System and for a period of up to 180 days thereafter, at such e-mail address provided to Chamberlain and agree that you are solely responsible for monitoring such e-mail address and updating the e-mail address if necessary.
17. Agreement and Amendment.
These Terms are effective upon acceptance by you, supersede all prior agreements relating to the System, and constitute the entire agreement between you and Chamberlain with respect to the subject matter hereof.
There are no written or oral understandings that are not fully expressed in these Terms relating to such subject matter.
Chamberlain may update these Terms from time to time. Your continued use of the System after the effective date of any change indicates your agreement to all changes.
These Terms will be governed by the internal laws of the State of Illinois, without regard to choice of law principles. The parties hereby agree to submit to the exclusive personal jurisdiction of state and federal courts situated in Cook County, Illinois. [Chamberlain may in its sole discretion waive such right in the event of your extreme personal hardship.]
You agree that if any Dispute (as defined below) arises hereunder or relates, directly or indirectly to the use of the System, either you or Chamberlain may require, upon written notice, that the Dispute be arbitrated, in which case it is agreed that any court proceedings will be immediately stayed and the parties shall, as a mandatory matter, submit the Dispute to binding arbitration by a single arbitrator under the “Supplementary Procedures for Consumer-Related Disputes” of the American Arbitration Association then in effect, in Chicago, Illinois. (More information about the AAA can be found at www.adr.org.)
A “Dispute” is any controversy or claim that relates in any way to the System, software, firmware or Mile Apps, the Device, or otherwise relates, directly or indirectly, to these Terms, and issues regarding whether a matter is subject to arbitration under these provisions.
If for any reason the AAA cannot hear the Dispute in Chicago, you agree to proceed before any mutually-agreed arbitrator or, if unable to agree, before an arbitrator appointed by the Circuit Court of Cook County, Illinois. Each party will be entitled to one substitution of arbitrator, without cause, as a matter of right.
YOU AGREE THAT
• ANY CLAIM WILL BE BROUGHT (IN ARBITRATION OR OTHERWISE) ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING,
• YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE, AND
• IF, FOR ANY REASON, THE MATTER DOES NOT PROCEED IN ARBITRATION, YOU WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND AGREE TO HAVE SUCH MATTER TRIED BY A COURT WITHOUT A JURY.
Each party will continue to have the following rights: 1) right to file for bankruptcy in court; 2) right to take legal action to enforce the arbitrator’s decision; and 3) right to request that a court of law review whether the arbitrator exceeded its authority.
The arbitrator’s award will be final and binding on all parties to the arbitration. Either party may enter judgment on the award in any court. Nothing in these Terms will give the arbitrator any authority, power, or right to alter, change, amend, modify, add to, or subtract from the provisions of these Terms. The parties agree that this provision will be governed by the Federal Arbitration Act, 9 USC §1 et seq.
19. Severability. If any provision of these Terms shall be held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Terms will be upheld and applied to the maximum extent permitted by law.
20. Contact Us. Any questions, complaints or claims regarding these Terms or the System should be directed to Chamberlain at the Contact Us section of http://arq.chamberlain.com.
21. Language. You agree that non-English versions of this agreement are merely made available by Chamberlain as a convenience and that English language version is the only official version. If the English version and a version in any other language conflict, the English version governs.
The words “include,” “includes” and “including” will be deemed to be followed by the phrase “without limitation”. Examples used in these Terms are for illustrative purposes only and shall not be construed as limiting the scope of any term
Chamberlain® is a registered trademark of The Chamberlain Group, Inc. All other trademarks and copyrights are the property of their respective owners.