Unless otherwise indicated on HomeLink, HomeLink and all content and other materials contained therein, including, without limitation, the Gentex logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of Gentex or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, revocable, non-sublicensable license to access and use HomeLink 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 or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of HomeLink or the Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) framing or using framing techniques to enclose any HomeLink content without Our express written consent; (f) taking any action that imposes an unreasonable or disproportionately large load on HomeLink or its network infrastructure or that adversely affects HomeLink and other users; (g) using any meta tags or any other “hidden text” that uses Gentex’s name or any of its trademarks or service marks, or (h) any use of HomeLink or the Materials other than for their intended purpose. Any use of HomeLink or the Materials other than as specifically authorized herein, without the prior written permission of one of Our company officers, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

GENTEX, HOMELINK, the Gentex logos and any other Gentex product or service name or slogan contained in HomeLink are trademarks of Gentex, and may not be copied, imitated or used, in whole or in part, without prior written permission from Us or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Gentex", “HomeLink” or any other name, trademark or product or service name of Gentex without Our prior written permission. In addition, the look and feel of HomeLink and any email and/or text message communications with you, including all page headers, text, custom graphics, images, button icons and scripts, is the service mark, trademark and/or trade dress of Gentex and may not be copied, imitated or used, in whole or in part, without Our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in HomeLink are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, links or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us (Linked sites are not under Our control, and the content available on such sites do not necessarily reflect Our opinion. We are providing these links as a convenience to you, and access to such sites is at your own risk. We assume no responsibility for the content of such linked sites.)

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding HomeLink, Gentex or Gentex's products or services that are provided by you in the form of email or other submissions to Us, or any postings on HomeLink, are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Where such an assignment is not affected under applicable law, you provide Us with a non-exclusive, world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify or otherwise use, publicly display, distribute, translate and create compilations and derivative works from such materials. Further, you hereby waive any moral rights you may hold in such materials in favor of Us.

In consideration of your use of HomeLink, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on HomeLink ("Registration Data"); (b) maintain the security of your password and other account credentials; (c) maintain and promptly update the Registration Data, and any other information you provide to Us, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Us.

It is your responsibility to exercise discretion and observe reasonable safety measures as may be necessary, or as may be required by law, to protect your personal safety and property, and to prevent unauthorized use of HomeLink and misuse of your passwords. You may only access and use HomeLink as authorized by these Terms and any other materials We provide to you. We are not liable to you for any unauthorized access or misuse of HomeLink. You agree that you will not use HomeLink to engage in any activities that are contrary to any applicable laws, rules, or regulations or that would violate the rights of, or cause harm to, any third party.

You understand and agree that HomeLink or the Services may be interrupted or negatively affected by items outside of Our control and that the operation and functionality of the devices sold on HomeLink depends on the availability and proper operation of a variety of third party components that are outside of Our control, including without limitation, 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, WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY COMPONENTS OR FOR ANY FAILURE OF HOMELINK OR SERVICES TO OPERATE AS INTENDED DUE TO ANY THIRD-PARTY COMPONENTS. We are also not responsible for interruptions of or problems with HomeLink or Services caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, pandemic, 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 Us, virus attacks or hackers, failure of third-party software, any third-party negligence, willful misconduct, or misuse of HomeLink or Services.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOMELINK, THE MATERIALS CONTAINED THEREIN AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM 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 AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT HOMELINK OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT HOMELINK OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We reserve the right to change any and all content contained in HomeLink and to modify, suspend or discontinue HomeLink or any Services offered through HomeLink or any features or functionality of HomeLink or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Us.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL WE, OUR 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 HOMELINK, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH HOMELINK, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, 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 OUR RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HLSHS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE HOMELINK OR THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If this section is held to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

To the fullest extent permitted by applicable law, you release Us, Our officers, directors, members, employees, representatives, and agents from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

In order for Us to provide the Services, you agree that We may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States or those jurisdictions according to laws in such jurisdictions.

We provide this SMS text messaging policy to explain how We use SMS text messaging. By completing the opt in and providing your mobile number, you expressly consent that We or Our service providers may send you periodic SMS or MMS messages (including messages made with an automatic dialing system) containing, but not limited to, important information, updates, deals, and specials. These messages can be recurring or one-time. Message and data rates may apply.

Data obtained from you in connection with the SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages, as well as information that you provide. We may use this information to contact you and to provide the services you request from Us.

By providing your mobile number and opting in, you agree you have ownership rights or permission to use the number given to Us.

You may opt out of these communications at any time by following the procedure established by the text message. For example, replying “STOP” to any message you received. After this, you will no longer receive messages from that particular short code. If you want to join again, you can sign up as you did the first time and We or Our service providers will start sending messages to you again.

You can receive assistance at any time by replaying “HELP” to any message you receive.

This section applies to the fullest extent permitted by applicable law.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Us and limits the manner in which you can seek relief from Us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and HLSHS agree that any dispute arising out of or related to these Terms or the Services is personal to you and HLSHS and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or HLSHS seeks to bring an individual action in small claims court located in the county of your residence or disputes in which you or HLSHS seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and HLSHS waive any rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, for any dispute or claim that you have against Us or relating in any way to the Services, you agree to first contact Us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Us by email at support@homelinksmarthome.com or by certified mail addressed to GreenMarbles, LLC, Attn: Legal Department, 3419 Via Lido, Suite 388, Newport Beach, CA 92663. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and HLSHS cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Orange County, California, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and HLSHS agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitrator, HLSHS, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and HLSHS agree that for any arbitration you initiate, you will pay the filing fee and HLSHS will pay the remaining JAMS fees and costs. For any arbitration initiated by HLSHS, HLSHS will pay all JAMS fees and costs. You and HLSHS agree that the state or federal courts of the State of California and the United States sitting in Orange County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and HLSHS will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 13 by emailing Us at support@homelinksmarthome.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section 13.

If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

This section applies to the fullest extent permitted by applicable law. These Terms and your use of HomeLink and the Services shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, 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, HomeLink or the Services shall be filed only in the state and federal courts located in Orange County, California 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, HomeLink or the Services.

Notwithstanding any of these Terms, We reserve the right, without notice and in Our sole discretion, to terminate your license to use HomeLink or the Services, and to block or prevent future your access to and use of HomeLink or the Services.

If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Terms did not contain the particular part, term or provisions held to be illegal or invalid.

You agree to defend, indemnify and hold Us harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney's fees), which We may hereafter incur, become responsible for or payout arising out of your use of HomeLink or the Services or your breach of any term or provision of these Terms.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on HomeLink, these Terms constitute the entire agreement between you and HLSHS with respect to your use of HomeLink. You may not assign these Terms to any other party. Gentex Corporation and all of its affiliates (collectively the “Gentex Affiliates”) are third-party beneficiaries of these Terms and thereby enjoy all the rights and remedies of HLSHS hereunder, and your duties and obligations under these Terms also extend to the Gentex Affiliates.