Product Terms of Use Agreement (All Products)
This Terms of Use Agreement (the “Agreement”) establishes what you can expect from Spyder Controls Corp. as you use our product or products (the “Products”), and what we expect from you. This is a binding legal agreement that sets the rules for using our Products. It lets you know how to install and use the Products correctly and who is responsible if you do not. Understanding this Agreement is important because by installing or using any of our Products, you are agreeing to these terms.
Thank you for purchasing Products from Spyder Controls Corp.! By installing or using any of our Products, you are agreeing to be bound by this Terms of Use Agreement and the applicable installation and user guides (“Installation and User Guides”) on our website at http://www.spydertc.com.
This Agreement is between you and Spyder Controls Corp., an Alberta corporation. When we speak of “Spyder Controls”, “Spyder”, “we”, “us”, and “our”, we mean Spyder Controls Corp. When we speak of “you”, “user” and “end user”, we mean you - the user of our Products.
What we expect from you:
It is essential that our Products are installed only by a qualified technician and used as intended, as set out in our Installation and User Guides. Otherwise, we will not be liable, and you agree to release and indemnify us from any claim, loss, damages, or cost (including legal fees on a solicitor-client basis) arising from the improper installation or use of Products.
Our Warranty and Customer Support to You:
We design and manufacture our Products for specific applications using reasonable skill and care. Your Products include a limited in-service warranty period, with duration and details provided by the recreation vehicle manufacturer. This warranty does not include implied warranties, such as merchantability, fitness for a particular purpose, or non-infringement.
Spyder Controls is committed to providing responsive support if you have any questions or issues with Spyder Controls Products. We encourage you to reach out to us with any issues or questions, and we will be happy to assist you in finding a solution. In cases where the solution is directly related to Spyder Controls Products, we will resolve this in conjunction with the OEM manufacturer. In cases where the solution involves a third-party product or system that Spyder Controls products are integrated with, we can assist with initial troubleshooting, and connecting you with the third-party product manufacturer.
Disclaimer and Limitation of Liability
We disclaim all liability arising from improper installation, application, or use of Products including without limitation:
• Failure to install, maintain and service our Products in compliance with our Installation and User Guides;
• Accidental damage, cosmetic issues, improper repair, handling, storage, exposure to water, liquids, chemicals, extreme temperatures, natural disasters or other abnormal operating conditions;
• Use of our Products with any third-party products. For example, if our Products are used with solar panels or inverter chargers made by another manufacturer which were not included at the time of manufacture by the OEM RV manufacturer, or you replace any component of our Products with a component made by another manufacturer, then our Products may malfunction. This would void our warranty and we will not be liable for any incompatibilities or loss associated with third-party equipment or materials.
We are not responsible for loss of use and enjoyment, loss of profits or indirect, special, consequential, punitive, exemplary or incidental damages of any kind, whether arising in contract, tort, product liability, strict liability or otherwise, regardless of legal theory.
These exclusions or limitations will apply regardless of whether or not Spyder Controls or any of its affiliates has been warned of the possibility of such damages.
Intellectual Property
Spyder Controls grants you a worldwide, non-exclusive, royalty-free license to use the Products you have purchased in compliance with our Installation and User Guides. This license is personal and non-assignable to anyone else. You may not copy, modify, distribute, sell, or lease any intellectual property or part of the Products or reverse engineer or attempt to extract any of the source code. We retain all intellectual property rights in all Products.
Amendments
We may amend this Agreement from time to time to reflect changes in our business, the Products, or applicable laws. The current version of this Agreement is on our website and you agree to these terms.
Dispute Settlement
If there is a dispute, we try to sort things out first. If you have an issue or complaint, please contact the recreational vehicle manufacturer which has used our Products. We will work with the OEM / distributor to understand the issue, determine whether it is covered by warranty or not, and how to best resolve the issue.
Governing Law
The laws of the Province of Alberta and the federal laws of Canada applicable therein will govern all disputes arising out of or relating to this Agreement (regardless of choice or conflict of laws rules that would cause or permit the application of the rules of any other jurisdiction). You agree to the exclusive jurisdiction of the courts of the Province of Alberta, Canada.
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