Terms of Service

HomeLink® Terms of Service

Date of Last Revision: June 26, 2024

These Terms of Service (“ Terms ”) apply to your access to and use of the website located at connect.homelink.com (or any successor links) and all associated web pages, websites, and social media pages (the “Site”), the HomeLink Connect hardware products, the HomeLink application (“ App” or “Application”) and the services accessible through the Site, and the HomeLink services (collectively “Services”) provided by Gentex Corporation and its subsidiaries and affiliated companies (“Gentex”, “We”, “Us” or “Our”).

YOU AND GENTEX AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH GENTEX, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 11(M).

For information about how we collect, use, disclose, and otherwise process information about you, please see our privacy policy.

Gentex reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of Our Services, at any time and in Our sole discretion. To the extent permitted by applicable law, any changes or modification will be effective immediately upon posting of the revisions on the Site or the App. 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 Gentex 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 Our Services 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 Our Services. If you do not agree to the amended terms, you must stop using Our Services.

Eligibility and Accounts
1. Age. Users under 18 years of age (or the age of legal majority where you live) may not use Our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using Our Services without your consent, please contact us at hlc.support@gentex.com.
2. Account. Although these Terms apply regardless of whether you create or Use an account, you may create an account with Gentex in order to Use many core features of Our Services. You must provide accurate, current and complete information about you to create your account. You may not share or permit others to use your account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to Our Services and not used by you in any other online service. You must maintain the security of your account, and promptly notify Us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.
3. Jurisdiction. You may only use Our Services in jurisdictions authorized by Gentex. Use of Our Services is currently authorized only in the Canada, United States and Mexico. 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.
Prohibited Conduct
1. You will not use Our Services if you are not eligible to use Our Services in accordance with Section 1 and will not use Our Services other than for their intended purpose. You are solely responsible to maintain safe operations of your vehicle and to protect your personal property. Further, you will not:
  - Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  - Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  - Use or attempt to use another user’s account or information without authorization from that user and Gentex;
  - Sell or resell Our Services;
  - Copy, reproduce, distribute, publicly perform, or publicly display all or portions of Our Services, except as expressly permitted by Us or Our licensors;
  - Modify Our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon Our Services;
  - Use Our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Our Services or that could damage, disable, overburden, or impair the functioning of Our Services in any manner;
  - Reverse engineer any aspect of Our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of Our Services;
  - Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from Our Services except in accordance with instructions contained in Our robot.txt file and only to compile for search results, provided that Gentex grants to the operators of public search engines permission to use spiders to copy materials from Our Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Gentex reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
  - Develop or use any applications or software that interact with Our Services without Our prior written consent;
  - Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
  - Use Our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
2. Enforcement of this Section 2 is solely at Gentex’s discretion, and failure to enforce this section in some instances does not constitute a waiver of Our right to enforce it in other instances. This Section 2 does not create any right or private right of action on the part of any third party.
Product Listings
We may make available listings, descriptions, and images of Services, as well as references and links to Our Services and coupons or discounts for Our services (“Listings”). We attempt to ensure that any such Listings are complete, accurate, and current, but despite Our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Such Listings and the availability of any Service (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Services, including the applicable colors; however, the actual colors you see will depend on your computer system, and We cannot guarantee that your computer will accurately display such colors.
Promotions
Any sweepstakes, contests, raffles, surveys, games, or other promotions made available through Our Services may be governed by rules that are separate from these Terms. If you participate in any promotions, you agree to be bound by and comply with the applicable rules. If the rules for a promotion conflict with these Terms, the promotion rules will govern.
Intellectual Property
1. Ownership; LimitedLicense. Unless otherwise indicated in Our Services, all content and other materials contained therein, including, without limitation, the Gentex logo, the HomeLink logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the " Materials") are the proprietary property of Gentex or its licensors or users and are protected by U.S. and international intellectual property laws.
  
  You are granted a limited, revocable, non-sublicensable, non-assignable, terminable license to access and use HomeLink Services 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 Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; or (c) modifying or otherwise making any derivative uses of HomeLink Services or the Materials, or any portion thereof. Any use of HomeLink Services or the 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. 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.
2. Trademarks. GENTEX, HOMELINK, HOMELINK CONNECT, the Gentex logos and any other Gentex product or service name or slogan contained in Our Services are trademarks of Gentex and its affiliates, 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 Our Services 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 Gentex.
3. Feedback. You may voluntarily post, submit, or otherwise communicate to Us any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Gentex, its business or any of Our Services (collectively, “Feedback”). You understand that We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Third-Party Components; Service Interruptions
You understand and agree that HomeLink Services may be interrupted or negatively affected by items outside of the control of Gentex and that the operation and functionality of HomeLink Services 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, 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 OUR SERVICES TO OPERATE AS INTENDED DUE TO ANY THIRD-PARTY COMPONENTS. Gentex is also not responsible for interruptions of or problems with HomeLink Services 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.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Gentex and Our affiliates, and each of Our respective officers, directors, agents, partners, and employees (individually and collectively, the “Gentex Parties”) from and against any actions, losses, liabilities, claims, demands, damages, expenses or costs (“Actions”) arising out of or related to: (a) your access to or use of the Services; (b) your Feedback; (c) your breach of these Terms; (d) your violation of any applicable law or your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Gentex Parties of any third-party Actions, cooperate with Gentex Parties in defending such Actions, and pay all fees, costs, and expenses associated with defending such Actions (including attorneys' fees). The Gentex Parties will have control of the defense or settlement, at Gentex's sole option, of any third-party Actions. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Gentex or the other Gentex Parties.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GENTEX, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. GENTEX DOES NOT REPRESENT OR WARRANT THAT HOMELINK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GENTEX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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.
Limitation of Liability
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 SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, 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 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 SERVICES.
Release
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.”
Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND GENTEX TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND GENTEX CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND GENTEX FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND GENTEX AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. GENTEX AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 11(M), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THESE TERMS.
1. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 11 apply to all Claims between you and Gentex. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Gentex, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or the Services, or claims arising out of or relating to the interpretation, application, validity, enforceability, or scope of the arbitration requirement or any portion of it.
2. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Gentex or if Gentex has a Claim against you, you and Gentex will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Gentex will make a good-faith effort to negotiate the resolution of any Claim for 60 days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.
  
  You will send any Claimant Notice to Gentex by certified mail addressed to 600 N Centennial St., Zeeland, MI 49464 or by email to hlc.support@gentex.com. Gentex will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Gentex. The Claimant Notice sent by either party must: (i) include the sender’s name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
  
  The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Gentex cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Gentex file a Claim in court or proceed to arbitration without complying with the requirements in Section 11, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
  
  The statute of limitations and any filing fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
3. Claims Subject to Binding Arbitration; Exceptions. Except for (i) individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Gentex, including any disputes in which you or Gentex seek injunctive or other equitable relief for the alleged unlawful use of your or Gentex’s intellectual property or other infringement of your or Gentex’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 11(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
4. Class Action Waiver. Except as provided in Section 11(l)(iv), any arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this Section 11 shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims so released from arbitration must be resolved in accordance with Section 13(b).
5. Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” meaning that you only use our products and services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Gentex as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Gentex as modified by these Terms.
  
  These Terms affect interstate commerce, and the enforceability of this Section 11 will be substantively and procedurally governed by the FAA, to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Gentex to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
6. Arbitration Procedure and Location. You or Gentex may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.
  
  Instructions for filing a demand for with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Gentex by certified mail addressed to 600 N Centennial St, Zeeland, MI 49464 or email to hlc.support@gentex.com. Gentex will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Gentex.
  
  The arbitration will be conducted by a single arbitrator in the English language. You and Gentex both agree that the arbitrator will be bound by these Terms.
  
  For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Ottawa County, Michigan, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
  
  The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Gentex agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
  
  An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
7. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms. Unless otherwise prohibited by law, you and Gentex have 90 days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees.
8. Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
9. Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the last written offer of settlement that party did not accept, that party must pay all costs and fees, other than attorney and expert fees, incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.
10. Two Years to Assert Claims. To the extent permitted by law, any Claim by you or Gentex against the other must be filed within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Gentex will no longer have the right to assert that Claim.
11. Confidentiality. If you or Gentex submits a Claim to arbitration, you and Gentex agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Gentex agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
12. Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. You or Gentex may advise the other of your or Gentex’s belief that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
  
  Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permits such Mass Arbitration to be filed in arbitration or court.
  - Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. After that point, counsel for the parties will select 30 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 11. A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
  - Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Gentex. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
13. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by mailing to the following.
  Attn: General Counsel
  Gentex Corporation
  600 N. Centennial St.
  Zeeland, MI 49464 USA
  
  To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13(b).
14. Rejection of Future Arbitration Changes. You may reject any change we make to Section 11 (except address changes) by sending us notice of your rejection within 30 days of the change via email at hlc.support@gentex.com. Changes to Section 11 may only be rejected as a whole, and you may not reject only certain changes to Section 11. If you reject changes made to Section 11, the most recent version of Section 11 that you have not rejected will continue to apply.
15. Severability. If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (iii) 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, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 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 11 will be enforceable.
  
  Except as otherwise provided in this Section 11, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and Gentex may participate in a class-wide, collective, and/or representative settlement of Claims.
16. Residents of Other Countries. Notwithstanding anything to the contrary in these Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding these Terms either by following the arbitration procedure detailed above in this Section 11 of these Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.
Modifying and Terminating Our Services
Notwithstanding any of these Terms, Gentex reserves the right, without notice and in its sole discretion, to suspend or terminate all or part of Our Services at any time, including your license to use the Services, charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of Our Services, such as by sending an email or providing a notice through Our Services. All modifications and additions to the Services will be governed by the Terms, unless otherwise expressly stated by Gentex in writing. You also have the right to stop using Our Services at any time, and you may terminate these Terms by ceasing use of Our Services. We are not responsible for any loss or harm related to your inability to access or use Our Services.
General
1. Severability. Except as stated in Section 11(o), 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.
2. Applicable Law and Venue. 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 the Services 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.
3. Miscellaneous. All sections of these Terms that, by their nature, should survive termination will survive termination. Gentex’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between Us may be conducted electronically.
4. Contact. If you have a question or complaint regarding the Services, please send an email to hlc.support@gentex.com. You may also contact Us by writing to 600 N. Centennial St., Zeeland, MI 49464, or by calling Us at 1-800-355-3515 if calling from the U.S./Canada or (0) 0800-046-635-465 if calling outside the U.S./Canada. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with Us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
ADDITIONAL TERMS APPLICABLE TO MOBILE DEVICES
The following terms apply if you install, access, or use Our mobile application for any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
1. Acknowledgement. The parties acknowledge that the Terms is concluded solely between such parties, and not with Apple, and Gentex, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the iOS App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
2. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad or other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
3. Maintenance and Support. The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. As stated in the Terms, We provide the iOS App without warranty of any kind. However, in the event of any failure of the iOS App to conform to any applicable warranty not fully disclaimed, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties not fully disclaimed, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Gentex. However, you understand and agree that in accordance with the Terms, Gentex has disclaimed all warranties of any kind with respect to the Services, and therefore, to the fullest extent permitted by applicable law, there are no warranties applicable to the iOS App.
5. Product Claims. The parties acknowledge that as between Apple and Gentex, Gentex, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the iOS App or the end-user’s possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or the end-user’s possession and use of that iOS App infringes that third party’s intellectual property rights, Gentex, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
7. Developer Name and Address. Any end-user questions, complaints or claims with respect to the iOS App should be directed to:
  Gentex Corporation
  Attn: Legal Department
  Address: 600 N. Centennial St.
  Phone Number: 616 772-1800
  Email: hlc.support@gentex.com
8. Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
9. Third Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Section 14 of the Terms, and that, upon the end-user’s acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 14 of the Terms against the end-user as a third-party beneficiary thereof).