This VOXX DEI Online Subscriber Agreement (the “Agreement”) is made between VOXX DEI. (“VOXX DEI”) and the purchaser (“You or Your”) of communication data services (“Services”), as further described below.
1. ACCEPTANCE: This Agreement constitutes the entire agreement and understanding between You and VOXX DEI and supersedes all previous proposals, oral or written, and all other communications between the parties relating to the purchase of Services from VOXX DEI for the VOXX DEI remote start and/or mobile location Unit, as applicable (the “Unit”). Your electronic acceptance of this Agreement by You constitutes acceptance of these Terms and Conditions for services. VOXX DEI is not bound by different terms or conditions elsewhere unless expressly agreed to in writing by an officer of VOXX DEI. This Agreement applies to any Services You purchase from VOXX DEI or VOXX DEI’s agents in connection with the Unit You are activating or renewing, as applicable through this Agreement. Please read this Agreement and keep a copy for your records.
BY ACCESSING OR USING THIS SITE OR SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE OR SERVICE IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS. IF YOU ACCEPT THESE TERMS AND CONDITIONS, IT WILL MEAN THAT THIS AGREEMENT WILL BE LEGALLY BINDING ON YOU.
2. HARDWARE, INSTALLATION, SERVICE: Improper mounting location or procedure may result in complete or partial loss of functionality of the Unit and the inability to utilize Services purchased under this Agreement. It is solely Your responsibility to ensure that the Unit is properly installed. VOXX DEI shall not be liable to You or to any person for any loss or damage caused by improper installation of the Unit, including any loss of Services due to improper installation. You agree to indemnify and hold VOXX DEI, and any air time or cellular provider (collectively, “Third Party Providers”), harmless from any and all claims or damages You or any person may have for any loss or damage caused by improper installation of the Unit. THE SIM SUPPLIED WITH THE UNIT MAY ONLY BE USED IN SUCH UNIT AND IN NO OTHER WIRELESS DEVICE. VOXX DEI reserves the right to change or modify its service providers or service offerings at any time. VOXX DEI may use various service providers and/or carrier networks to provide Service to You. The change of service providers or carrier networks may result in a change in hardware. Upon reasonable notice by VOXX DEI, You agree to exchange the hardware in your vehicle if VOXX DEI’s change in service providers or carrier networks results in a change in hardware.
3. LOCATION AND DATA COMMUNICATION SERVICES: Specific services, service rates and service terms and conditions (“Service Plan”) may be available to You. All Services are subject to the Limitations of Technology set out in this Agreement, proper installation, use and maintenance of the Unit, and the terms and conditions of VOXX DEI’s Service Plans. VOXX DEI is constantly innovating in order to provide the best possible experience for its customers. You acknowledge that the Services do not include any voice services. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to You. The Services are for vehicle remote start and/or location, as applicable, and communication with the Unit only, and are not intended as emergency services. The Services have no connection to any law enforcement agency or emergency services personnel. If needed, You must contact the appropriate law enforcement agency or emergency services personnel to obtain assistance. If Services are purchased for commercial purposes, You agree that the Services are not intended to provide access to emergency personnel or services and that You must contact law enforcement agencies or emergency services personnel directly through means other than the Services provided. VOXX DEI accepts no responsibility or liability for use of the Services in emergency situations and does not contact or communicate with law enforcement agencies on Your behalf.
4. PRICING OF SERVICES: The Services are priced in terms of access units and/or actions, with each type of remote start, location, and/or data communication service, as applicable, being assigned a specific number of actions. The Unit is assigned to the Service Plan that has been selected by You at time of purchase of the Unit or Service Plan on one of VOXX DEI’s websites. The number of actions included and pricing will be as described at the time of purchase. System usage beyond the number of actions included under Your selected Service Plan will require you to purchase additional Service. You agree that VOXX DEI may terminate Your Service Plan for excessive or uncontrolled airtime action and use due to Unit malfunction or Your abuse. VOXX DEI may invoice You for system usage beyond the number of actions included under Your selected Service Plan at VOXX DEI’s standard access unit and/or action rates in accordance with the terms of your specific Service Plan. The aggregate number of actions and/or actions included under the selected Service Plan may be used only as set forth in that Service Plan. No credit will be given for actual but unintended usage. At the conclusion of the Service Plan term, any unused airtime actions will expire. You may only roam incidentally to Your use of the Services in the country for which the services were primarily subscribed. VOXX DEI may, at any time, revise (a) the rates for Service Plans, (b) the number of actions assigned to each location and data communication service, and (c) the cost and features of the Services and programs. Though VOXX DEI may revise the rates of Service Plans at any time, the rate you will pay for any Service Plan you purchase will not change for the initial term of Your subscription. You may renew any Service Plan or purchase additional Service Plans at the prevailing rates for those Service Plans at the time of renewal of the Service Plan or purchase of additional Service Plans. Following the expiration of Your Service Plan, VOXX DEI’s new Service Plans and Service Plan rates will be applicable to You for continued Services. VOXX DEI Sales, Inc., or a similar name will be the merchant’s name appearing on the cardholder’s statement. By entering into this Agreement, you agree that all charges, including future charges, will be billed to Your credit card or debit card. The Services are solely for the purpose of allowing You to locate and communicate with the Unit and may not be resold or otherwise offered to or used by third parties or used for commercial purposes. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VOXX DEI, unless You have been specifically allowed to do so in a separate agreement with VOXX DEI. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including the use of scripts or web crawlers). You agree that You will not engage in activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5. VOXX DEI’S TEST OF SERVICES: You acknowledge that VOXX DEI may, for its internal test and control purposes, without charge to You, locate or communicate with vehicles equipped with a Unit.
6. COMPLIANCE WITH LAW: You are responsible for the use of the Services, including any optional services selected. You agree to comply with all applicable laws, ordinances, rules and regulations of each applicable federal, state, local or foreign government and any agency or public authority thereof, and to hold VOXX DEI and its Third Party Providers harmless from liability or loss by reason of any asserted or established violation of said laws, rules, or regulations by You or anyone You authorize to use a vehicle equipped with a Unit. You acknowledge that certain GPS and/or starter disablement technology may not be permitted by law when used for commercial purposes in certain states, either now or in the future. VOXX DEI is not liable for any claims or damages that may arise out of the fact that GPS and/or starter disablement technologies are not permitted in a particular jurisdiction.
7. PAYMENT, TAXES, INDEMNITY: You shall bear full responsibility for, and shall pay VOXX DEI all fees and charges (together with all applicable taxes thereon) in accordance with the terms stated in this Agreement and outlined on any invoice, and at such place as VOXX DEI designates on such invoice. Airtime charges for Services commence immediately upon activation and are billed based on Your selected Service Plan. All amounts paid for prepaid airtime are non-refundable. Prices relating to the Services purchased pursuant to this Agreement are exclusive of taxes including, without limitation, any federal, state, local or foreign excise, sales, use, property, retailer’s occupation or similar taxes, or any duties, customs or similar charges. You are solely responsible for and shall pay any and all sales, excise, use, transfer or other taxes, and fees assessed or imposed by any federal, provincial, state, county, municipal or local taxing authority in connection with the use of the Services. In the event You fail to pay such taxes or fees, VOXX DEI may, in its absolute sole discretion and without accepting any liability to do so, pay such taxes or fees on Your behalf and, in such event, You hereby authorize VOXX DEI to pay any such taxes or fees on Your behalf, and You agree to reimburse VOXX DEI promptly upon demand for the amount of any taxes, fees and charges that VOXX DEI pays on Your behalf. VOXX DEI’s fees and other charges are subject to change without notice.You agree to indemnify and hold VOXX DEI harmless against any and all losses, liabilities, claims, damages, costs or expenses, including costs of collection, legal fees, court costs and expenses incurred by VOXX DEI by reason of or arising out of or relating to any failure by You to make any payments under this Agreement as and when due.
VOXX DEI reserves the right in its absolute discretion to suspend or terminate the Services if any charges payable by You under this Agreement are delinquent or You are otherwise in default under this Agreement. You acknowledge that such suspension or termination of Services will prevent You from connecting to a vehicle, tracking or locating assets equipped with a Unit. You are liable for all reasonable costs associated with the collection of Your delinquent account including, without limitation, reasonable legal and court costs, to the extent not prohibited by applicable law. If Your account is placed in the hands of an outside agency for collection, You agree to pay reasonable attorney fees and collection costs, even though legal proceedings may not be filed, to the extent not prohibited by applicable law. In the event legal proceedings are filed, the amounts of such reasonable attorney fees shall be fixed by the court in which the proceeding is filed, including any appeal therein. You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California. Jurisdiction and venue with respect to any claim (including any claim in arbitration pursuant to section 17) or litigation in connection with this Agreement shall reside in the County of Orange, California. Your signature (through electronic acceptance) hereto constitutes Your acknowledgment that You will submit yourself to the personal jurisdiction of the courts with jurisdiction within the County of Orange, California.
8. DISCLOSURE OF RELATIONSHIP WITH SERVICE PROVIDERS: You understand that the Services furnished by VOXX DEI depend upon services provided by third parties (“Service Providers”) pursuant to agreements between such Service Providers and VOXX DEI and are subject to certain terms, conditions and limitations set out in such agreements. You expressly understand and agree that You have no contractual relationship whatsoever with the Service Providers and that You are not a third party beneficiary of any agreement between VOXX DEI and such Service Providers. You hereby acknowledge that VOXX DEI is acting as agent to the Service Provider for the limited purpose of securing performance of the provisions of this Section 8. In addition, You expressly agree that the agreements and terms in this section 8 shall survive the termination of this Agreement.
You understand that VOXX DEI and Service Provider cannot guaranty the security of data transmissions, and will not be liable for any lack of security relating to the use of the Services or the transmission of data. You further acknowledge that the Service Providers disclaim all liability of any nature to You, whether direct, indirect, incidental or consequential, arising out of use of the Services, and You agree that You shall have no claims against the Service Providers of any kind with respect thereto. You agree to indemnify VOXX DEI, the Third Party Providers and the Service Providers, and hold VOXX DEI, the Third Party Providers and the Service Providers harmless for any claims made against VOXX DEI, the Third Party Providers or the Service Providers, including any claims made by Your customers, if applicable, arising out of use of the Services, including without limitation, claims for libel, slander, infringement of copyright, or personal injury or death, to the fullest extent under the law.
9. PROPRIETARY RIGHTS: (a) You acknowledge and agree that VOXX DEI or VOXX DEI’s Service Providers own all legal right title and interest in and to the Services, including any intellectual property rights which exist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by VOXX DEI or VOXX DEI’s Service Providers and that You shall not disclose such information without VOXX DEI’s prior written consent. (b) Unless You have agreed otherwise in writing with VOXX DEI, you have no right to use any of VOXX DEI’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. (c) You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. (d) Unless You have been expressly authorized to do so in writing by VOXX DEI, You agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You acknowledge that You have no property right in any identifier issued to or associated with the Services or any Unit used by You.
10. SOFTWARE LICENSE FROM VOXX DEI: VOXX DEI, through itself or a Licensor, gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by VOXX DEI or its Licensor, as applicable, as part of the Services (referred to as the “Software” below). This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by VOXX DEI, in the manner permitted by this Agreement and your Service Plan. You may not (and You may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that you may do so by VOXX DEI, in writing. Unless VOXX DEI has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of Your rights to use the Software. The Software which You use may automatically download and install updates from time to time from VOXX DEI, or VOXX DEI’s Service Providers. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and complete new versions. You agree to receive such updates (and permit VOXX DEI to deliver these to You) as part of Your use of the Services.
11. SECURITY; PERSONAL INFORMATION AND PRIVACY: You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to VOXX DEI for all activities that occur under your account. If you become aware of any unauthorized use of Your password or of your account, You agree to notify VOXX DEI immediately at +1 (800) 753-0600. You agree that, in order to perform its obligations under this Agreement, VOXX DEI may collect personal information about You or, if applicable, Your customers, and when the Services are used, and about Your or, if applicable, Your customers’ assets. You understand and agree that in conjunction with employee training, quality control and the provision of the Services, VOXX DEI and/or its agents or service providers may monitor the activities and location of Your or, if applicable, Your customers’ assets and the usage of the VOXX DEI system. Further, You understand that privacy cannot be guaranteed on the VOXX DEI system or other systems such as those used in order to provide the Services, and VOXX DEI shall not be liable to You or any other third party for any claims, loss, damages or costs which may result from a lack of privacy. You assume full responsibility for the establishment of appropriate security measures to control access to Your or Your customers’ respective equipment and information. You consent to VOXX DEI using information about You and Your assets to (i) administer the Services, (ii) electronically locate Your or, if applicable, Your customers’ assets equipped with a Unit in conjunction with providing the Services, (iii) provide information to third party service providers, wireless carriers or other persons for the purpose of providing the Services, or in response to a subpoena or other legal process, and (iv) use and share Your information and statistics that do not include information that identifies You or, if applicable, Your clients, personally. In addition, You consent to VOXX DEI using information about You and Your assets including contact information and the types of Services that You purchase and use to (i) enforce the terms of this Agreement, (ii) prevent fraud and respond to regulatory and legal requirements, or in conjunction with a government inquiry, or in litigation or dispute resolution, and (iii) share information with VOXX DEI affiliates and/or Service Providers in conjunction with the Services and for the purpose of providing You with any promotional offers and marketing materials. You also consent and agree to the use of Your personal information to (i) administer Your account, including for credit and collections purposes, and (ii) disclose such information to Your bank or to a third party collection agency. You may obtain a copy of the full text of the VOXX DEI Privacy Policy Statement by contacting VOXX DEI’s Privacy Officer. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO ADVISE ALL OCCUPANTS OR USERS OF YOUR OR, IF APPLICABLE, YOUR CUSTOMERS’ ASSETS EQUIPPED WITH A UNIT ABOUT HOW INFORMATION ABOUT THEM MAY BE COLLECTED, USED AND DISCLOSED BY VOXX DEI.
12. USE OF WEBSITE: VOXX DEI maintains a website that You may access in connection with Services You purchase from VOXX DEI or VOXX DEI’s authorized agents. You agree that You will not use or attempt to use this website for any purpose: 1) that is any way unlawful or prohibited, 2) that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail or unsolicited commercial communications, 3) that transmits any viruses, 4) that interferes with VOXX DEI’s network services; 5) that attempts to gain unauthorized access to VOXX DEI’s network services, or 6) that impairs or limits VOXX DEI’s ability to operate this website or any other person’s ability to access or use the website. You agree that You will only access or use information related to You in accordance with the Services You purchase, and not for any illegal purposes. You agree that you will access this website at your own risk. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, SERVER AND THE INTERNET GENERALLY. You understand that VOXX DEI cannot and does not ensure continuous access to the website. Access may be interrupted due to technical limitations, such as heavy use and server malfunctions, or other circumstances such as maintenance. VOXX DEI reserves the right to modify this website at any time without Your consent. YOU UNDERSTAND AND AGREE THAT VOXX DEI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM, OR IN ANY WAY CONNECTED TO, YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
13. LIMITATION OF LIABILITY: VOXX DEI shall not be liable to You or to any other person for any loss or damage caused by the use of the Services or for any interruption of the Services, regardless of cause. In no event shall VOXX DEI’s liability to You exceed the amount paid by You for the Services in question. VOXX DEI shall not be liable to You or any third party for consequential, incidental, general, special or exemplary damages, including, without limitation, loss of or damage to Your vehicles or assets or loss of profits, revenues or data, even if VOXX DEI has been advised of the possibility of such damages. You agree to indemnify and hold VOXX DEI harmless from and against any and all losses or damages caused by the use of the Services or for any interruption of the Services. No action shall be brought for any breach of this Agreement more than one year after accrual of such cause of action except by VOXX DEI for money due on an open account. Certain of the above limitations may not apply in some states. To the extent that any such limitations are precluded in a given state, such preclusion shall not affect any other limitations not so prohibited or precluded.
NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOXX DEI EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. INTERRUPTION OF SERVICES; FORCE MAJEURE: VOXX DEI or VOXX DEI’s Service Providers shall have no liability for a failure to provide, or for delay in providing the Services due directly or indirectly to the Limitations of Technology or other causes beyond the control of VOXX DEI or its subcontractors. If VOXX DEI is unable to wholly or partially perform the Services because of any cause beyond its control, VOXX DEI may terminate this Agreement without any liability to You, other than the refund of any amounts paid for unused Services.
15. LIMITATIONS OF TECHNOLOGY: You have read, understand and acknowledge the following inherent technical limitations relating to the use of the Services: (a) Wireless Network Coverage and Service. Complete coverage of the service area at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt the Services at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may interfere with the Services. VOXX DEI, or its Service Providers utilize wireless networks with broad coverage areas to access moving vehicles and assets. There are still areas within the service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available service area, communication with that vehicle is unavailable until it returns to the available service area. Also, from time to time, poor coverage areas (“holes”) occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Units and the VOXX DEI Online System. Environmental issues may include; service interruptions, network congestion, roaming and similar access issues. (b) Global Positioning System (GPS) Drift and Urban Canyon. GPS is a satellite based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If said path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the Services to recognize an accurate location. (c) Tampering with the Unit. If the unit is tampered with, disconnected, or the unit completely removed, the functionality of the Units and Services will be jeopardized. (d) Privacy. The Units and Services have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree, and undertake to inform any users of the Units and Services, that VOXX DEI and any of its Service Providers shall not be liable for any lack of privacy or security resulting from use of VOXX DEI products or Services. In addition, to the extent You have a privacy right in the location, characteristics, performance or operation of a vehicle equipped with a Unit, You agree to voluntarily waive such right. (e) Availability of Cellular Technology/Mapping. Services are based on cellular technology which may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications. In such event, VOXX DEI shall have no obligation to issue a refund or furnish substitute services. In addition, VOXX DEI assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Services are based. (f) Capacity Limitation. The parties recognize that unusual concentrations of usage may occur in certain locations. VOXX DEI shall incur no liability for its inability to provide adequate Services hereunder arising from or related to a lack of network capacity on the equipment which results from the aforesaid usage concentration, and nothing herein shall require VOXX DEI to expend any capital to insure capacity for Your use of the Services.
16. TERM AND TERMINATION; RENEWAL: This Agreement shall remain in full force and effect for the term of the Service Plan You purchase in connection with the purchase of any Unit, and shall automatically renew until you cancel Service. You are responsible for payment of all outstanding balances accrued through that date. You must comply with these Terms and Conditions or we may cancel the Service. Notwithstanding the foregoing, this Agreement shall terminate immediately without liability if the authorizations held by VOXX DEI are revoked by the FCC or other authority governing the provision of the Services. VOXX DEI reserves the right to cancel your subscription at any time if you fail to pay amounts owed to VOXX DEI when due, violate or breach this Agreement, or for any other reason in our sole discretion. Pre-packaged and/or prepaid Services are nonrefundable.
Automatic Renewal: The subscription You select will continue for the length of the initial term (“Subscription Term”) and at the end of your prepaid Subscription Term, it will automatically renew on an annual basis unless you choose to cancel prior to that renewal, or your Service is cancelled, terminated, or discontinued by you or by us, or you select another VOXX DEI plan. Your account will automatically be charged at the rates in effect at the time of renewal. VOXX DEI may, at our option, process your renewal on a month-to-month or annual basis instead of your chosen Subscription Term.
17. ARBITRATION. This Arbitration Provision describes when and how a Claim may be arbitrated. A “claim” is any claim, dispute or controversy between You and VOXX DEI that in any way arises from or relates to this Agreement and includes: initial claims, counterclaims, cross-claims and third-party claims; disputes based on contract, tort, fraud and other intentional torts (at law or in equity, including any claim for injunctive or declaratory relief); disputes based on constitutional grounds or on laws, regulations, ordinances or similar provisions; and disputes about the validity, enforceability, arbitrability or scope of this Arbitration Provision or this Agreement.
IF YOU OR WE CHOOSE ARBITRATION,
- ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL.
- DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR.
- YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”).
- CLAIMS BROUGHT BY OR AGAINST ONE BUYER MAY NOT BE JOINED WITH CLAIMS BY A CO-BUYER OR CO-SIGNER.
- OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Either You or VOXX DEI may require any Claim to be arbitrated, except neither party is obligated to arbitrate a Claim that is brought and maintained as an individual (as opposed to a class) claim and that involves an amount in dispute or claim for damages of less than $25,000 U.S. dollars. Arbitration begins when a party gives written notice to the other party of the intent to require arbitration. This notice may be given before or after a lawsuit has been started over the Claim or with respect to other Claims brought later in the lawsuit. Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules of the arbitration Administrator. We will not choose to arbitrate an individual claim that you bring against us in small claims court or your state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, or if You modify the claim to seek class relief, we then may choose arbitration.
The arbitration Administrator shall be the American Arbitration Association (“AAA”), 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879. If the AAA is unwilling to serve as the Administrator, the parties shall attempt to agree upon a substitute Administrator. If the parties are unable to so agree, each shall select one representative, and the two representatives shall select a third party, and the two representatives and the third party shall select the Administrator. Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
You give up Your right to participate in a class action. This means that You may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any Claim. Notwithstanding any other part of this Arbitration Provision, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Arbitration Provision (except for this paragraph) will be null and void.
An Administrator charges fees to administer an arbitration proceeding. This may include fees not charged by a court. When You choose an Administrator, You should carefully review the fees charged by the Administrator. VOXX DEI will pay these fees if required by applicable law, or if otherwise necessary to ensure that this Arbitration Provision is enforceable. VOXX DEI will not ask You to pay or reimburse VOXX DEI for any fees VOXX DEI pays the Administrator. If VOXX DEI requires a Claim to be arbitrated, VOXX DEI will pay or reimburse You for up to $1,000 U.S. in fees that would otherwise be charged to You by the Administrator. However, if either VOXX DEI or You require a Claim to be arbitrated, You may tell VOXX DEI in writing that You are unable to pay the fees charged by the Administrator or that You believe those fees to be excessively high. If You do so, VOXX DEI will pay or reimburse You for up to all of the fees that would otherwise be charged to You by the Administrator if your request is reasonable and in good faith. Each party must pay the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law and/or this Arbitration Provision provide otherwise.
In addition to the parties’ rights to obtain discovery under the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope for discovery normally allowable under the arbitration rules of the Administrator. The Arbitrator will have discretion to grant or deny that request.
Judgment upon the arbitration award may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. However, if the amount of the award exceeds $100,000 U.S. or is a “take nothing” award, a party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Arbitration Provision to the “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of any appeal will be borne by the appealing party regardless of the outcome of the appeal.
This Arbitration Provision is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act. The arbitrator is authorized to award all remedies permitted by substantive law that would apply if the action were pending in court.
This Arbitration Provision survives the repayment of all amounts You owe VOXX DEI, the transfer of this Agreement, and any bankruptcy by You, to the extent not inconsistent with applicable bankruptcy law. Except as provided above, if any part of this Arbitration Provision is determined to be invalid or unenforceable, this Arbitration Provision and the Agreement will remain enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules or the other provisions of this Agreement or any other contract between You and VOXX DEI, this Arbitration Provision will govern.
You may opt out of this arbitration provision by sending VOXX DEI written notice of your intent to do so by registered mail, provided You send the notice within 10 days of the date of this Agreement.
If You are a corporation, partnership, association or other business or commercial entity, You agree that notwithstanding anything to the contrary in this paragraph 17: (1) VOXX DEI will not pay any part of Your costs and expenses of arbitration unless ordered to do so by the arbitrator; (2) any arbitration under this Agreement will be held in Orange, California; and (3) You will not have the right to opt out of this arbitration provision.
18. CHANGES IN TERMS AND SERVICE: VOXX DEI RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME. ANY CHANGE WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS ON THIS SITE, REFLECTING THE NEW EFFECTIVE DATE. CONTINUED USE OF THIS SITE BY YOU AFTER THE POSTING OF THE CHANGES ONLINE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. YOU SHOULD REVIEW THE TERMS AND CONDITIONS (AND THE EFFECTIVE DATE) ON THIS SITE ON A FREQUENT BASIS.
19. CUSTOMER CARE: If you have a question about the Services, your subscription with VOXX DEI, fees, charges, bills, or if you would like to change or reactivate your service plan with VOXX DEI, please contact our Customer Care department at the address below. Please include your name, address, account number, and specific information relating to your question.
Directed Electronics
Attention: Customer Care
One Viper Way Suite A
Vista, CA 92081
a. Cancellation: You may cancel your subscription at any time by notifying VOXX DEI’s Customer Care. A cancellation fee may apply. Pre-packaged and/or prepaid Services are nonrefundable. If you cancel your subscription for pre-packaged and/or prepaid Services prior to its expiration, you will not receive a refund. IF SERVICES CEASE, WHETHER AS A RESULT OF LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS ARE NONREFUNDABLE.
20. GENERAL: No amendment or modification hereof shall be binding upon VOXX DEI unless such amendment or modification is in writing signed by an authorized officer of VOXX DEI. If any term hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations, such term shall be deemed omitted to the extent prohibited or invalid but the remainder of these Terms and this Agreement shall not be invalidated and shall be given effect so far as possible. Any waiver of any right in, or breach of, this Agreement shall not be a continuing waiver and shall not prevent any claim of breach of the same term or any other term of this Agreement. This Agreement is fully assignable by VOXX DEI to any person or entity and shall inure to the benefit of such assignee or successor. You may not assign this Agreement without the prior written consent of VOXX DEI. The terms and conditions in this Agreement shall govern the relationship between the parties. These terms and conditions shall supersede any provisions, terms and conditions, or agreement entered into by You with respect to the Services set forth herein, as provided by VOXX DEI. VOXX DEI shall not be bound by any electronic or pre-printed terms additional to, or different from, those in this Agreement that may appear in another party’s form documents, acknowledgments, or other communications.
21. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY/ELECTRONIC SIGNATURE: VOXX DEI may be required by law to send “Communications” to You that pertain to the Services, the use of information You submit to VOXX DEI, and the Service Plan You choose. Certain third party services you choose may require Communications with the third parties who administer these programs (“Third Party Services”). You agree that VOXX DEI, on behalf of itself, and others who administer Third Party Services (as applicable), may send Communications to You by e-mail and/or make Communications available to You by posting them at one or more of our sponsored websites. You consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to You or received from You in connection with the Services and Third Party Services. The decision whether or not to do business electronically is yours. Your consent to do business electronically and our agreement to do so covers all transactions You conduct through the Services as long as you remain a subscriber to or use the Services.
By signing this Agreement (through electronic acceptance), You agree to the terms and conditions in this Agreement including that your Subscription Term will automatically renew on an annual basis unless you choose to cancel prior to that renewal, or your Service is cancelled, terminated, or discontinued by You or by us, or you select another VOXX DEI plan. By selecting "I Agree", you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Agree", You consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by You in writing. You also represent that You are at least 18 years old and You are legally authorized to enter into this Agreement.