PLACE Terms of Service

Last Updated: 10/10/2024

These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at https://placehomesolutions.com (or any successor links) and all associated web pages, websites, and social media pages (the “Site”), (ii) the Place mobile applications that you may download (each an “App”), (iii) the Place smoke detector hardware products (the “Products”), and (iv) online services accessible via the Site and the App (collectively, with the Site, the App, and the Products, the “Services”) provided by Gentex Corporation and its affiliates (“Gentex”, “we”, “our” or “us”). By accessing and using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

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 12(l).

For information about how we collect, use, disclose, and otherwise process information about you, please see our Privacy Policy https://placehomesolutions.com/privacy.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). Any Supplemental Terms will become part of your agreement with us if you use the applicable Products or Services. If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Products and Services.

1   Eligibility and Use Restrictions

  1. Age. Users under 18 years of age (or the age of legal majority where you live) may not use our Products or Services. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Products or Services without your consent, please contact us at privacyinfo@gentex.com.
  2. Accounts. Some of our Services may allow you the ability to create an account with us. If you create an account with us, you may not share or permit others to use your account credentials except with others in your household. 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.
  3. Jurisdiction. You may only use our Products or Services in jurisdictions authorized by us. Use of our Services is currently authorized only in the United States. 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.
  4. Use and Sharing. You may only use our Products and Services for personal, family or household purposes and expressly excluding any commercial use. You may not share our Products or Services except with those in your household. You may not use, purchase or sign up for any of the Products or Services if you were previously prohibited by us from using the Products or Services.

2   Prohibited Conduct

  1. You will not use our Products or Services if you are not eligible to use our Products or Services in accordance with Section 1 and will not use our Products or Services other than for their intended purpose. Further, you will not, in connection with our Products or Services:
    • Record or share videos recorded using our Products unless you have permission to so or in accordance with applicable laws;
    • Use our Products in any areas or jurisdictions that you do not have permission to enter or use our Products in;
    • 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, without Gentex’s written permission or authorization;
    • 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 Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
    • Use our Products or 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 Products or 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 Products or Services;
    • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services;
    • Develop or use any applications or software that interact with our Products or Services without our prior written consent;
    • Link to any online portion of the Products or Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by us; or
    • Use our Products or 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 our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

3   Product Listings

The Site or App may make available listings, descriptions, and images of Products and Services, as well as references and links to Products and Services and coupons or discounts for Products and Services (“Listings”). Such Products and Services may be made available by us or by third parties and may be made available for any purpose, including general information purposes. 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 Product or 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 Products, 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.

4   Limited Warranty

  1. Limited Warranty. Gentex warrants to the original purchaser (“Covered Purchaser”) of Products purchased on or through the Site, or through one of our authorized distributors (“Covered Product”) that such Covered Product will be free from defects in materials and workmanship, under normal operating conditions, during the Warranty Period (as defined below) (the foregoing warranty, the “Limited Warranty”). We will honor your submission of a claim submitted in accordance with this Section 4 (such submission a “Warranty Claim”); provided, that, we may deny your Warranty Claim with respect to a particular product if you are not a Covered Purchaser, if the product is not a Covered Product, if a Warranty Claim is submitted following the expiration of the Warranty Period (as defined below), or if a Limited Warranty Exclusion (as defined below) applies.
    • Covered Products and Purchaser. This Limited Warranty extends only to a Covered Product purchased by a Covered Purchaser. This Limited Warranty does not apply with respect to any person other than a Covered Purchaser.
    • Warranty Period. The Limited Warranty shall commence on the date of manufacture and continue for a maximum period of 18 months from the manufacture date, regardless of the sale date or any other factors or conditions. However, if the Covered Product is sold within 6 months of the manufacture date, under no circumstances shall the Limited Warranty extend more than 12 months from the date of shipment of the Covered Product to the original purchaser, even if it means the Limited Warranty would expire prior to 18 months from the manufacture date (the “Warranty Period”). Any Covered Product repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty solely for the remaining Warranty Period. The Warranty Period will not be extended in duration, nor will the Limited Warranty be expanded in coverage upon transfer of the product from the original purchaser to a subsequent owner.
  2. Exclusions. This Limited Warranty will not apply: (i) if defects, damages, or failures, or destruction are caused by acts of God, including but not limited to lightening, flooding, tornado, earthquake, or fire/smoke damage; (ii) if the defect was caused by damage that occurred while the Covered Product was in your possession or as a result of any abuse, misuse, mishandling, abnormal use, or use in violation of any applicable standard, code, and/or instructions for use and installation; (iii) if the defect was caused by exposure of the Covered Product to temperatures or humidity outside of the recommended ranges set forth in the Covered Product technical specifications; (iv) if the defect was caused by improper maintenance, installation, or repair of the Covered Product, including without limitation, any damage resulting from service, testing, adjustment, installation, maintenance, alteration, or modification to the Covered Product (including its associated software) in any way by someone other than Gentex or its authorized distributors; (v) to Covered Products subject to interruptions or fluctuations in or unavailability of electric power; (vi) for wear and tear expected to occur during the normal course of use; (vii) if the defect was caused by a failure by the Covered Purchaser to implement any correction, modification, enhancement, improvement, or other update made available to the Covered Purchaser by Gentex; (viii) to use of the Covered Product with items not provided or otherwise authorized in writing by Gentex; or (ix) to products other than the Covered Products. Each of the foregoing exclusions is a “Limited Warranty Exclusion.”
  3. Remedies. If at any time during the Warranty Period the Covered Product fails to conform to the Limited Warranty and is not otherwise subject to a Limited Warranty Exclusion, as determined solely by Gentex, Gentex will, at Gentex’s discretion, repair the defective Covered Product, refund the original purchase price for the defective Covered Product, or replace the defective Covered Product. Repair or replacement may be made with new or refurbished products or component parts (at Gentex’s option). If the Covered Product or component part is no longer available, Gentex may replace the Covered Product with a similar product with a similar function (at Gentex’s option). The foregoing sets forth Gentex’s entire liability and your sole and exclusive remedy for any breach of warranty under Section 4(a) or any other defect or deficiency in the Covered Product.
  4. Submitting Warranty Claims.

    If the Covered Product fails to conform to the Limited Warranty and is not otherwise subject to a Limited Warranty Exclusion, please submit a Warranty Claim by clicking on the “Get Support” button on the app or visit www.placehomesolutions.com/support where you will be prompted to provide certain information regarding the alleged issues with your Covered Product. As further described below, if Gentex ultimately agrees that the Covered Product is defective, Gentex may issue a refund for the original purchase price or send a replacement.

    Following receipt of your Warranty Claim submitted with required information in accordance with the procedure set forth above, Gentex will provide notice to you of Gentex’s decision as to whether to continue to review or deny your Warranty Claim. Gentex reserves the right to determine whether or not the Limited Warranty applies in Gentex’s sole discretion. If Gentex elects to continue to review your Warranty Claim, Gentex will provide a return merchandise authorization number and email a free shipping label to you. To obtain the benefits of the Limited Warranty, you must then return the Covered Product to Gentex using the provided shipping label provided by or on behalf of Gentex. Any returned product must be properly packaged in its original packaging. Gentex will pay any required shipping costs for Covered Products returned in accordance with the procedure set forth in this Section 4 and any additional instructions on how to return the Covered Product that you may receive from Gentex.

    Upon receipt of the Covered Product from you, Gentex will inspect the Covered Product for which a Warranty Claim has been requested and determine if the Covered Product is defective, and if defective, will (A) send you a replacement or repaired Covered Product or component part, or (B) refund you for the original purchase price for the defective Covered Product at Gentex’s sole discretion. In connection with Gentex’s inspection of the Covered Product, Gentex must be able to verify the date of Covered Product purchase.

    Following Gentex’s inspection of the Covered Product in accordance with the procedure set forth above, Gentex will provide notice to you of Gentex’s decision to send you a replacement or repaired product or component, issue a refund, or otherwise deny your Warranty Claim. If Gentex elects to send you a replacement or repaired product or component part, Gentex may provide you with a tracking number at the time of shipment or following shipment of the product or component part to you. Alternatively, if Gentex elects to issue you a refund, Gentex will refund the original payment method for the agreed amount unless an alternative payment method is otherwise agreed to by you and Gentex. If, as reasonably determined by Gentex, a product that is not eligible for a Warranty Claim is shipped to Gentex, Gentex will not be responsible for returning the product to you. Gentex has no warranty obligations with respect to such returned products.

5   Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the 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.

6   Intellectual Property

  1. Ownership; Limited License. All intellectual property rights in our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Gentex or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all intellectual property rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms (including Section 2), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use, and, solely with respect to Apps, install and use Apps on a mobile or personal device that you own or control. Any use of the Products or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using our Services, including stopping the use of Place Product and uninstalling Apps from your mobile or personal device.
  2. Trademarks. Gentex, Place, and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Gentex and may not be copied, imitated or used, in whole or in part, without our prior written permission.
  3. Feedback. You may voluntarily submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Gentex or our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, or Products or Services, or to improve or develop new products, services, or the Products or Services in Gentex’s sole discretion.

7   Third-Party Content

  1. Our Products and Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services and Products. You acknowledge that (i) the use and availability of the Products and Services is dependent on third-party product vendors and service providers and (ii) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Products or Services operate.
  2. We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
  3. We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Products or Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Products and Services.

8   Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Gentex and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Gentex Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Indemnifiable Claims”) arising out of or related to (a) your access to or use of the Products or Services; (b) your Feedback; (c) your violation 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 Indemnifiable Claims, cooperate with Gentex Parties in defending such Indemnifiable Claims, and pay all fees, costs, and expenses associated with defending such Indemnifiable Claims (including attorneys' fees). The Gentex Parties will have control of the defense or settlement, at Gentex's sole option, of any third-party Indemnifiable Claims. 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.

9   Disclaimers

  1. Disclaimer of Warranties. YOUR USE OF OUR PRODUCTS AND SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR PRODUCTS, SERVICES, AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GENTEX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, GENTEX DOES NOT REPRESENT OR WARRANT THAT OUR PRODUCTS OR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ACCESS TO OUR PRODUCTS OR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) WILL BE UNINTERRUPTED. WHILE GENTEX ATTEMPTS TO MAKE YOUR USE OF OUR PRODUCTS AND SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR PRODUCTS OR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS). ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF GENTEX, GENTEX PARTIES, AND GENTEX’S RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
  2. Intended Use of Gentex Products and Services. Our Products and Services are intended to be accessed and used for noncritical, non-commercial, home-based, personal uses and not for safety, security, or time-sensitive purposes. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Products and Services are subject to sporadic interruptions and failures for a variety of reasons, including those beyond Gentex’s control, such as wi-fi intermittency, service provider uptime, and mobile operators, among others. Gentex is not responsible for any damages incurred by the failure or delay of the Services or Products.
  3. No Life Safety, Security or Critical Uses of the Products and Services. The Gentex Products and Services are not a monitored emergency notification system and under no circumstances will Gentex dispatch emergency services to you in the event of an emergency. The Products and Services, whether standing alone or when interfaced with third party products and services, are not certified for emergency response, unless expressly approved and certified by Gentex. Further, it is your responsibility to determine the appropriate response to all information you receive from the Services. All life threatening, safety, and emergency events should be directed to the appropriate response services. We make no warranty or representation that use of any Products or Services will affect or increase your level of safety.

10   Limitation of Liability

  1. To the fullest extent permitted by applicable law, Gentex and the other Gentex Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, or special damages or lost profits, even if Gentex or the other Gentex Parties have been advised of the possibility of such damages.
  2. The total liability of Gentex and the other Gentex Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the lesser of $500 or the amount paid by you to use our Services giving rise to the claim.
  3. The limitations set forth in this Section 10 will not limit or exclude liability for fraud, or intentional misconduct of Gentex or the other Gentex Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11   Release

To the fullest extent permitted by applicable law, you release Gentex and the other Gentex Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence, personal injury or loss of life), arising out of or related to your use of Products and Services, 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 that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

12   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 12(l), 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 12 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 legal.notification@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 12, 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 12(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 12(k), 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 12 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 14(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 12 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 legal.notification@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 be conducted at a location which is mutually agreed upon and reasonably convenient to both Parties. If the Parties are unable to agree, the arbitrator shall determine a proper location for the hearing. 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. 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.
  10. 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.
  11. 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 12. 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.
  12. 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 12.
  13. Rejection of Future Arbitration Changes. You may reject any change we make to Section 12 (except address changes) by sending us notice of your rejection within 30 days of the change via email at legal.notificaiton@gentex.com. Changes to Section 12 may only be rejected as a whole, and you may not reject only certain changes to Section 12. If you reject changes made to Section 12, the most recent version of Section 12 that you have not rejected will continue to apply.
  14. Severability. If any portion of this Section 12 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 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; 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 12 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 12 will be enforceable.

    Except as otherwise provided in this Section 12, 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.
  15. 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 12 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.

13   Modifying and Terminating Our Products or Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Products or Services at any time; charge, modify, or waive any fees required to use the Products or Services; or offer opportunities to some or all end users of the Products or Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Products or 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 or Supplemental Terms, unless otherwise expressly stated by Gentex in writing. You also have the right to stop using our Products and Services at any time, and you may terminate these Terms by ceasing use of our Products and Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

14   Miscellaneous

  1. Severability. Except as stated in Section 12(n), if any provision or part of a provision of these Terms is found to be unenforceable, void, or unlawful for any reason, that provision or part of the provision shall be severed from these Terms and does not affect the validity or enforceability of any remaining provisions.
  2. Governing 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. Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Michigan, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 13, then the state and federal courts located in the County of Ottawa County, Michigan, will have exclusive jurisdiction. You and Gentex waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
  3. Miscellaneous. 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 unless otherwise set forth in the Terms.
  4. Notices. If you have a question or complaint regarding the Products or Services, you may contact us by writing to 600 N Centennial St., Zeeland, MI 49464, visiting www.placehomesolutions.com/support, or by calling us at (616) 772-1800. 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.

15   Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use the App on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

  1. Acknowledgement. The parties acknowledge that these Terms are concluded solely between us, and not with Apple. Gentex, not Apple, is solely responsible for this 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 iOS 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 Apple iOS App Store will 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 any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
  3. Maintenance and Support. You and Gentex 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, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; 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, Gentex has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
  5. Product Claims. You and Gentex acknowledge that as between Apple and Gentex, Gentex, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the 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 your possession and use of the iOS App infringe 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 these Terms.
  7. Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to:

    Gentex Corporation
    600 N Centennial St., Zeeland, MI 49464
    support@placehomsesolutions.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 its subsidiaries are third-party beneficiaries of this Section 15 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 15 of these Terms against you as a third-party beneficiary thereof.