Frederick Energy DDAC-CBS Cab Silencer User Manual
Frederick Energy Products LLC Cab Silencer
User Manual
P a g e | 0
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
DDAC Cab Silencer
User’s Manual v1.0
FREDERICK ENERGY PRODUCTS, LLC
1769 Jeff Road
HIT-NOT Proximity System
P a g e | 1
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
Huntsville, AL 35806
1.256.489.6915
Table of Contents
1. Overview………………………………………………………………………………………………………….. 2
1.1 Theory of Operation……………………………………………………………………………… 2
1.2 Operating Frequency….………………………………………………………………………… 2
1.3 Label Information…………………………………………………………………………………. 2
1.4 FCC/IC Information…………………………………………………………………..………….. 3
2. Operation…………………………………………………………………………………………………………. 5
2.1 Installation Information………………………………………………………………………… 5
2.1.1 Inoperability Warning……………………………………………………………….……. 5
2.2 Charging……………………………………………………………………………………………….. 5
2.3 Alerts……………………………………………………………………………………………………. 5
2.4 Maintenance………………………………………………………………………………………… 6
2.5 Adjustments…………………………………………………………………………………………. 6
2.6 Interferences………………………………………………………………………………………… 6
2.7 Cab Silencer Specifications……………………………………………………………………. 6
2.8 Installation Guide…………………………………………………………………………………. 7
2.9 Safety Consideration…………………..……………………………………………………….. 8
3. Warranty…………………………………………………………………………………………………………. 8
4. Revision History………………………………………………………………………………………………. 11
P a g e | 2
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
DDAC CAB SILENCER
Model No: DDAC-CAB-SI
Serial No: CSDD000011
www.hitnot.com
2.60”
1.10”
Power In: 12Vdc 0.5A
Refer to
User’s
Manual
1 Overview
The Cab Silencer is part of a complete HIT-NOT Proximity Detection system from Frederick
Energy Products which provides audible and visual warnings to both individuals and to vehicle
operators to alert them that the individual has entered too close to an operating piece of
equipment and is in a dangerous situation. The Cab Silencer attaches directly to a vehicle or
piece of machinery to silence the Personal Alarm Device (PAD) of the operator of the industrial
equipment.
1.1 Theory of Operation
The function of the Cab Silencer is:
To transmit a 73 kHz magnetic field around a small portion in the vehicle or piece of
machinery to act as a silent zone for the operator while conducting work on the
industrial equipment.
The Cab Silencer has an internal 73 kHz transmitter comprised of an inductor that creates a
magnetic field with a specific pattern to serve as a small silent zone in the vehicle or machine.
When a Personal Alarm Device (PAD) is within 21 inches of the Cab Silencer, the PAD will detect
the 73 kHz magnetic field from the Cab Silencer and analyze its field strength. When a PAD is in
the marker field of the Cab Silencer, the PAD will not respond to generators pings. The Cab
Silencer needs to be located within a 21” radius to an operator’s PAD and about 4 feet away
from the Generator. Preferably, place the cab silencer on the back of the seat or under the arm
rest on the right side.
1.2 Operating Frequency
The Cab Silencer will transmit on a frequency of 73 kHz.
1.3 Label Information
The Cab Silencer label, shown below, is located around the housing.
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This
device may not cause harmful interference, and (2) this device must accept any interference received, including
interference that may cause undesired operation.
US: 7,420,471; 8,169,335; 8,232,888; 5,939,986; 6,810,353; 8,446,277; 8,552,882; 8,710,979
8,810,390; 8,847,780; 9,081,046; 9,153,118 / AU: 2005289704; 2008316786; 2009228472; 2010241545;
2013315672; ZA2007/02919; ZA: 2008/02673; 2010/06816, 2010/09068; 2007/0219; 2011/07178
Patent Pending
FCC: QUI-DDAC-CBS
IC: 11625A-DDACCBS
P a g e | 3
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
The HIT-NOT label defines the model and serial number of the Cab Silencer but is too small to
contain the FCC/IC information required. The information can be found below in this User’s
Manual.
1.4 FCC/IC Information
The FCC ID for the Cab Silencer is QUI-DDAC-CBS and complies with Part 15 of the FCC Rules.
Operation is subject to the following conditions:
1. This device may not cause harmful interference.
2. This device must accept any interference received including interference that may cause
undesired operation.
Any intentional or unintentional changes or modifications to the configuration of the Cab
Silencer not expressly approved by Frederick Energy Products LLC could void the user’s
authority to operate the equipment.
Note: This equipment has been tested and found to comply with the limits for a Class B digital
device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable
protection against harmful interference in a residential installation. This equipment generates
uses and can radiate radio frequency energy and, if not installed and used in accordance with
the instructions, may cause harmful interference to radio communications. However, there is
not guarantee that interference will not occur in a particular installation. If this equipment does
cause harmful interference to radio or television reception, which can be determined by turning
the equipment off and on, the user is encouraged to try to correct the interference by one or
more of the following measures:
--Reorient or relocate the receiving antenna.
--Increase the separation between the equipment and receiver.
--Connect the equipment into an outlet on a circuit different from that to which the receiver is
connected.
--Consult the dealer or an experienced radio/technician for help.
Conformité aux normes FCC Cet équipement a été testé trouvé conforme aux limites pour un
dispositif numérique de classe B, conformément à la Partie 15 des règlements de la FCC. Ces
limites sont conçues pour fournir une protection raisonnable contre les interférences nuisibles
dans une installation résidentielle.
Cet équipement génère, utilise et peut émettre des fréquences radio et, s'il n'est pas installé et
utilisé conformément ment aux instructions du fabricant, peut causer des interférences nuisibles
aux communications radio.
Rien ne garantit cependant que l’interférences ne se produira pas dans une installation
particulière. Si cet équipement provoque des interférences nuisibles à la réception radio ou de
télévision, qui peut être déterminé en comparant et en l'éteignant, l'utilisateur est encouragé à
essayer de corriger les interférence par une ou plusieurs des mesures suivantes:
P a g e | 4
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
--Réorienter ou déplacer l'antenne de réception.
--Augmenter la distance entre l'équipement et le récepteur.
--Branchez l'appareil dans une prise sur un circuit différent de celui auquel le récepteur est
connecté.
--Consulter le vendeur ou un technicien radio / expérimenté.
Les changements ou modififications à cet appareil sans expressément approuvée par la partie
responsable de conformité pourraient annuler l’autorité de l’utilisateur de faire fonctionner cet
équipement.
The required notices are specified in the RSS documents (including RSS-Gen) applicable to the
equipment model. These notices are required to be shown in a conspicuous location in the
user manual for the equipment, or to be displayed on the equipment model. If more than
one notice is required, the equipment model(s) to which each notice pertains should be
identified. Suppliers of radio apparatus shall provide notices and user information in both
English and French.
This device complies with Industry Canada license-exempt RSS-standards(s). Operation is
subject to the following two conditions:
(1) this device may not cause interference, and
(2) this device must accept any interference, including interference that may cause undesired
operation of the device.
Cet appareil est conforme avecx Industrie Canada exempt de licence Rss standard(s). Son
fonctionnement est soumis aux deux conditions suivantes:
(1) cet appareil ne peut causer d’interférence, et
(2) cet appareil doit accepter toute interférence, y compris des interférences qui peuvent
provoquer un fonctionnement indésirable du périphérique.
The Cab Silencer also complies with Industry Canada (IC) under Category II radio apparatus with
RSS-210:
HIT-NOT® Cab Silencer
Model: DDAC-CAB-SI
IC ID: 11625A-DDACCBS
P a g e | 5
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
2 Operation
2.1 Installation Information
The Cab Silencer is mounted in the cab of a piece of machinery, on the back of the operator’s
seat or under the right arm rest. The purpose of the Cab Silencer is to quiet the Operator’s PAD
while driving the equipment. The Cab Silencer must be within a 21” radius of the Operator’s
PAD AND 4 feet away from the Magnetic Field Generator. The Generator has an optional add-
on Module, Collision Avoidance Module (CAM), which may be silenced by the Cab Silencer if
they are less than 4 feet apart. Installation on the machine needs to be on a 12V source,
downstream from the ignition. An LED light in the end cap of the Cab Silencer will indicate that
the device has power. After installing the Magnetic Field Generator system and the CAB
Silencer on the machine, performance of the unit should be verified by operation and test.
2.1.1 Inoperability Warning
The Cab Silencer may blind the optional add-on Collision Avoidance Module (CAM) when in very
close proximity. A safe guideline is to keep the Cab Silencer at least 4 ft (1.2 m) away from the
CAM installed in the Magnetic Field Generator. The purpose of the CAM is to sense the
magnetic field from a Generator on another piece of equipment. If the Cab Silencer is closer
than 4 ft (1.2 m) from the CAM, it may cause the CAM to be blinded and unable to sense
another vehicle’s 73 kHz signal. A collision between vehicles would be possible.
2.2 Charging
The Cab Silencer is directly powered when the ignition of the vehicle is turned on and requires
no charging.
2.3 Alerts
Cab Silencers are designed to accommodate high input voltage up to about 16V and maintain
the original silencing zone size. If the truck supply voltage changes or changes occur resulting in
a reduction of zone sizes, the system will accommodate voltage range 11.8 to 16 V and ensure
that the zones remain where they were initially set.
If a pedestrian with a PAD approaches equipment with a Magnetic Field Generator system,
their PAD could be silenced if they are within the 21” radius of the Cab Silencer. A danger
presents itself when the driver engages the equipment while the pedestrian is within the 21”
radius. The pedestrian is in danger of being hit by the equipment if their PAD is too close the
Cab Silencer. The operator needs to turn off the truck while anyone is in place next to the
equipment and restart only after the person moves away. It is required that after installation,
the silencing field outside the vehicle must be at a very minimum that will not endanger
someone. A PAD outside the vehicle should not be silenced. You may need to move the cab
silencer to a more convenient location or adjust the pot near the LED for a smaller field.
P a g e | 6
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
2.4 Maintenance
The Cab Silencer should be regularly cleaned to reduce buildup of dust and dirt. The user
should check to see if the light in the end cap is working before using the device.
2.5 Adjustments
Field size is an adjustment which is made on the Cab Silencer. To make the adjustment,
unscrew the end cap. To adjust the field size, turn the screw located on the PWM pot with a
small slotted screwdriver. Turning in a clockwise direction will increase the silencing zone,
while turning counterclockwise will decrease the field. The factory setting is at 21” as
measured on the side (maximum is 25”). Adjustments must be made by a professional.
2.6 Interferences
The Cab Silencer may interfere with a Generator with an installed CAM. If the Magnetic Field
Generator and the Cab Silencer are less than 4 ft apart, the detection by the CAM may be
degraded, reducing its effectiveness in detecting Generator pings emanating from another
vehicle.
2.7 Cab Silencer Specifications
Part Number: DDAC-CAB-SI
Size: 1 ¼” diameter x 8” length/ 3.175 cm x 20.32 cm
Weight: 0.35 lbs./ 0.159 kg
Input Voltage: 12 VDC
Magnetic Field Frequency: 73 kHz AC field.
Magnetic Field Strength: negligible
Maximum Current Draw: Less than 5A. Average current less than 0.3A
Transmitter Frequency: 73 kHz
Operating Temperature Range: -30°C to + 55°C; -22°F to 131°F
Shipping Considerations: None
P a g e | 7
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
P a g e | 8
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
2.9 Safety Consideration
The driver and pedestrian should not be in close proximity while the truck is in gear. The driver
must turn off the truck while a pedestrian is standing next to the truck. An alternate solution is
a switch applied to the emergency brake to cut the circuit to the generator while the brake is
activated.
3 Warranty
HIT-NOT® WARRANTY TERMS AND CONDITIONS
IMPORTANT-READ CAREFULLY: BY AND INSTALLING AND USING THE HIT-NOT® SYSTEM, YOU
ACKNOWLEDGE AND AGREE TO BE CONTRACTUALLY BOUND BY THESE WARRANTY TERMS AND
CONDITIONS. IF ANY OF THE TERMS OF USE ARE NOT ACCEPTABLE TO YOU, DO NOT INSTALL OR USE
THE HIT-NOT® SYSTEM.
THE HIT-NOT® SYSTEM IS SIMPLY A TOOL TO BE USED TO ASSIST YOU IN SAFELY OPERATING HEAVY
EQUIPMENT. THE HIT-NOT® SYSTEM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,
SAFE PRACTICES IN OPERATING HEAVY EQUIPMENT. YOUR USE OF THE HIT-NOT® SYSTEM IS SOLELY
AT YOUR OWN INDEPENDENT DISCRETION AND RISK.
Alerting Signals
• PAD (Pedestrian Alert)
• Warning Zone- Series of 3 beeps
• Danger Zone- Continuous signal
Talking
PAD
Generator
Factory Field Size @ 12-15V:
Warning: 43ft
Danger: 30ft
LOW BATTERY ON
PAD: Series of 2
beeps. PAD will not
indicate Alert Signals!
* To ensure proper functionality under all
conditions the Danger Zone limit should not
exceed 30’. If a larger field is required,
contact Frederick Energy Products for options.
• Remove bottom cover-see step 8
• Have a Pedestrian with a PAD at the
desired Danger Zone limit * slowly
adjust the “PWM” pot with a 3/32”
slotted screwdriver until the danger
zone alerts at the desired distance.
• Return bottom cover.
Field Adjust
To check the field,
hold a PAD at the
edge of the Danger
zone on the long axis
of the Generator.
Slowly move the PAD
from Danger to
Warning.
Step 10
Step 9
P a g e | 9
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
ACCEPTANCE AND DEFINITIONS.
(A) Acceptance of Terms. These Warranty Terms and Conditions (these “Terms”) are a legal
agreement between You, as a purchaser and end user of the System and Frederick Energy Products, LLC.
By installing the System or using the System in any way, You are (1) agreeing to be bound by these
Terms. If You do not agree with all these terms, do not use OR INSTALL the SYSTEM. YOU MUST
RETURN THE SYSTEM TO THE DEALER FROM WHICH YOU PURCHASED THE SYSTEM, IN ACCORDANCE
WITH THE DEALER’S POLICIES. This Agreement constitutes the entire and only agreement between FEP
and You and supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the System, and the subject matter of this Agreement.
(B) Definitions. In this Agreement, “You” and “Your” refer to You as the user of the System. “FEP”
“we,” “us” and “our” refer to Frederick Energy Products, LLC and our successors, partners, affiliates,
subsidiaries and assigns. “System” refers to the Hit-Not® System purchased by You. “Terms” refers,
collectively, to these Warranty Terms and Conditions.
LIMITED WARRANTIES; DISCLAIMER.
(A) Limited Warranty. FEP hereby warrants against: (1) defects in the System, either in
workmanship or material, and (2) the failure of the System to conform to FEP’s written specifications,
for a period of one (1) year after date of delivery to You, in each case; provided that such System has
been under proper and normal use at all times during such period. All warranty claims under these
Terms must be submitted through the Dealer from which you purchased the System. FEP’s liability is
restricted to the replacement or repair of the defective or nonconforming parts alone and does not
include any installation, labor, or expense involved, or other contingent liability. Liability for any
components manufactured by third parties but incorporated into FEP Products to be furnished by FEP,
shall be limited to the guarantee or liability to FEP of the manufacturer or supplier of such components.
FEP is not liable for damages resulting from the use or misuse of the FEP Products.
(B) Disclaimers. EXCEPT AS EXPRESSLY SET FORTH ABOVE: (1) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, PROVIDED BY OR THROUGH FEP, ANY DEALER OR DISTRIBUTOR, OR
ANY THIRD PARTY SHALL IMPLY THE CREATION OF ANY REPRESENTATION OR WARRANTY OF ANY
KIND WHATSOEVER BY FEP; (2) THE SYSTEM IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF
ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (3) FEP DOES NOT
REPRESENT OR WARRANT THAT THE SYSTEM WILL BE FUNCTIONAL OR DEFECT-FREE, OR THAT
DEFECTS WILL BE CORRECTED; AND (4) FEP HEREBY DISCLAIMS ANY AND ALL LIABILITY OR
RESPONSIBILITY FOR THE IMPROPER USE OF THE SYSTEM OR FOR THE INCORRECT OR IMPROPER
INSTALLATION OF THE SYSTEM. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER
NO CIRCUMSTANCES WILL FEP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE
SYSTEM. USE OF THE SYSTEM IS AT YOUR SOLE RISK.
P a g e | 10
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
INDEMNIFICATION; RELEASE; LIMITATION OF LIABILITY.
(A) Indemnification. You agree to indemnify and hold FEP, any and all parent, subsidiary, and affiliate
organizations, and their respective officers, directors, agents, shareholders, members, managers,
advisors, consultants, employees, successors and assigns (collectively, the “Protected Parties”) harmless
from and against all losses, costs, liabilities, expenses (including reasonable attorneys’ fees and
expenses), claims, demands, and damages, actual and consequential, of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Losses”), that are in
any way due to or arising out of Your use of the System, unless caused by the gross negligence or willful
misconduct of FEP. FEP reserves the right, at Your expense, to assume the exclusive defense and control
of any matter for which You are required to indemnify any of the Protected Parties, and You agree to
cooperate with FEP’s defense of such claims. FEP will use reasonable efforts to notify You of any such
claim, action, or proceeding which is subject to this indemnification upon FEP becoming aware of it.
(B) Limitation of Liabilities. IN NO EVENT SHALL FEP, ITS LICENSORS, SUPPLIERS, CONTENT PROVIDERS
OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
ADVISORS, CONSULTANTS, EMPLOYEES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, USE, REVENUE OR OTHER ECONOMIC
ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH THE SYSTEM OR THESE TERMS BASED ON ANY
THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET
FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THE SYSTEM WOULD NOT BE PROVIDED FOR SALE TO YOU WITHOUT SUCH LIMITATIONS. IN NO EVENT
WILL OUR LIABILITY, OR THE LIABILITY OF OUR LICENSORS, AND OUR RESPECTIVE PARENTS, AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONSULTANTS,
SUCCESSORS OR ASSIGNS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED ONE
HUNDRED DOLLARS (US $100.00). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of Law; Dispute Resolution. The Agreement shall be governed by, and construed in accordance
with the laws of the State of Alabama, without regard to its conflicts of law provisions. In the event of
any dispute, claim, question or disagreement (“Claim”) between You and FEP arising from or relating to
Your use of the System, You and FEP will attempt, in good faith, to resolve any Claim within thirty (30)
days after written notice of the Claim. Any Claim not so resolved shall be finally settled by binding
arbitration administered by the American Arbitration Association under its Commercial Arbitration
Rules, using the Expedited Procedures. Judgment on the award rendered by the arbitrator(s) may be
entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in
the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no
authority to impose penalties or award punitive damages. The arbitration shall take place in Madison
County, Alabama, and the arbitrator shall apply the law of the State of Alabama and applicable rules of
evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written
communication. Unless the arbitrator otherwise directs, the parties, their representatives, other
participants, and the arbitrator shall hold the existence, content, and result of the arbitration in
confidence. No action, regardless of form, related to the obligations of the parties under this Agreement
may be brought by either party against the other more than one (1) year after the cause of action has
P a g e | 11
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704;
AU2008316786; AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068; ZA2011/07178 Patent Pending
accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in
addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable
attorneys’ fees.
Nothing in this Section shall preclude any party from seeking equitable relief from a court of competent
jurisdiction or exercising any self-help remedies, whether before, during or after the pendency of any
arbitration proceeding. The parties agree that taking any such action does not waive any right that
either party has to demand arbitration at any time with respect to subsequent or amended disputes
claimed or filed against a party after commencement of litigation. BY AGREEING TO THESE TERMS AND
CONDITIONS, ALL PARTIES AGREE TO WAIVE ANY RIGHTS TO A JURY OR COURT TRIAL. If any provision
of this dispute resolution procedure is held invalid or unenforceable, the remaining provisions shall
remain in full force and shall not be affected by the invalidity of any other provision.
By tapping "Accept", you again agree and confirm that you have read and understood these Terms of
Service and the Disclaimer.
Accept
V. Entire Agreement; Assignment; Miscellaneous. These Terms constitute the complete and
exclusive statement of the agreement between You and us. It supersedes any and all prior or
contemporaneous agreement, oral or written, and any other communications, representations,
warranties and understanding relating to the subject matter hereof. If there is a conflict between an oral
or written representation of any FEP employee or agent, or any Dealer or Distributor employee or agent,
and these Terms, these Terms will prevail. These Terms will prevail over other rules and policies on the
System. Our failure to enforce any provision of these terms shall not be deemed either a waiver of such
provision or a waiver of the right to enforce such provision. If any provision of these Terms is held by an
arbitrator or court of competent jurisdiction to be contrary to law, then such provision shall be
construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall
remain in full force and effect. The provision of these Terms which, by their terms should survive
termination or expiration of these Terms, shall survive the termination or expiration hereof. FEP may
assign this Agreement to any other entity of its choosing, with or without notice to You. You may not
assign these Terms to any other party without the prior written consent of FEP. FEP shall not be deemed
to have waived any of its rights or remedies unless such waiver is in writing and signed by FEP. No delay
or omission on the part of FEP in exercising any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms
are solely used for the convenience of the parties and have no legal or contractual significance.
END OF HIT-NOT® WARRANTY TERMS AND CONDITIONS
4 Revision History
Original Release. No revision history.