Frederick Energy HN-MFG-XL-C Magnetic Field XL Generator with Collision Avoidance Module User Manual

Frederick Energy Products LLC Magnetic Field XL Generator with Collision Avoidance Module Users Manual

Users Manual

Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending Magnetic Field XL Generator Including Collision Avoidance Module User’s Manual v1.0 FREDERICK ENERGY PRODUCTS, LLC 1769 Jeff Road Huntsville, AL 35806 1.800.489.6915 HIT-NOT Proimit Sstem
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending Table of Contents 1. Oeie………………………………………………………………………………………………………….. 2-5 1.1 Theo of Opeatio……………………………………………………………………………… 2 1.2 Opeatig Feue….………………………………………………………………………… 2 1.3 Lael Ifoatio…………………………………………………………………………………. 2-3 1.4 FCC/IC Ifoatio……………………………………………………………………….….….. 4-5 2. Opeatio…………………………………………………………………………………………………………. 5-8 2.1 Istallatio Ifoatio………………………………………………………………………… 5 2.1.1 Interoperability Waig………………………………………………………………... 5 2.2 Chagig……………………………………………………………………………………………….. 5 2.3 Alets……………………………………………………………………………………………………. 5 2.4 Maiteae………………………………………………………………………………………… 6 2.5 Adjustets………………………………………………………………………………………….  2.6 Itefeees………………………………………………………………………………………… 6 2.7 XL Generator Specifiatios……………………………………………………….…………. 6-7 2.8 Istallatio Guide…………………………………………………………………………………. 7-8 2.9 Safety Consideatio…………………..……………………………………………………….. 8 3. Waat…………………………………………………………………………………………………………. 8-11 4. Reisio Histo…………………………………………………………………………………………..….. 12 1
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending 1 Overview The Magnetic Field XL Generator with Collision Avoidance Module (CAM) is part of a complete HIT-NOT Proximity Detection system from Frederick Energy Products which provides audible and visual warnings to both individuals and vehicle operators to alert them that an individual or vehicle has entered too close to an operating piece of equipment and is in a dangerous situation. The Magnetic Field XL Generator with CAM attaches directly to a vehicle or piece of machinery. The Collision Avoidance Module provides warnings to powered equipment when it is at risk of collision with another truck. The operation of the CAM is similar for pedestrian, but a different LED/Sounder pattern is used to denote a truck only at the outer marker of the magnetic field zone (Warning Zone). Two alert zones for the pedestrian are also used: Warning and Danger. The HIT-NOT® Collision Avoidance Module is an optional add-on module, which is not standard on the basic system. 1.1 Theory of Operation The functions of the Magnetic Field XL Generator with CAM are:  To generate a 73 kHz field around a vehicle or piece of machinery to act as a protection zone for collision avoidance with equipment and for proximity detection for the protection of individuals.  To receive a 916.48 MHz RF signal from a Personal Alarm Device (PAD) and/or a Collision Avoidance Module (CAM).  To receive a 73kHz signal from another Magnetic Field Generator.  To transmit a 916.48 MHz signal from the CAM to a Magnetic Field XL Generator. The Magnetic Field XL Generator with CAM (Vehicle 1) has an internal 73 kHz generator and an inductor that creates a field to serve as a cautionary zone around the vehicle or machine. It also contains a Collision Avoidance Module (CAM) with a 916.48 MHz transmitter to notify the Generator from another vehicle (Vehicle 2) of its proximity. The Vehicle 1 is in close proximity of Vehicle 2, the CAM (Vehicle 1) will detect the 73 kHz magnetic field from the Generator (Vehicle 2) and analyze its field strength. If the 73 kHz field strength received by the CAM (Vehicle 1) is above a certain threshold, indicating the distance between Vehicle 2 and Vehicle 1 is close enough to signify a Warning condition, then the CAM will reply to the Magnetic Field XL Generator in Vehicle 2 with an 916.48 MHz transmission. The Magnetic Field XL Generator has its 916.48 MHz eeie o he it is tasittig the  kHz field ad is listeig to eeie any 916.48 MHz transmissions from a Personal Alarm Device (PAD) or Generator equipped with a CAM to indicate the individual or vehicle is too close to the vehicle and warrants a Warning or Danger condition. If the Magnetic Field XL Generator with CAM receives indication that a Warning or Danger condition exists, it will turn on the appropriate LED indicator and connected Warning Module (sounder for the Magnetic Field XL Generator). 2
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending 1.2 Operating Frequency The Magnetic Field XL Generator with CAM will transmit on a frequency of 73 kHz and receive on a frequency of 916.48 MHz. The Collision Avoidance Module will transmit on a frequency of 916.48 MHz and receive on a frequency of 73 kHz. The CAM is programmed not to recognize the 73 kHz from its own Generator. 1.3 Label Information The Magnetic Field XL Generator with CAM label is located on the side of the housing. Information includes the Serial Number, Model Number, Power In, FCC/IC Identification, CAM Installation, PWM adjustet loatio, ad References to this manual. FCC and IC Label for Proximity Module The HIT-NOT label defines the model and serial number of the Magnetic Field XL Generator with CAM. 1.4 FCC/IC Information The FCC ID for the Magnetic Field XL Generator with CAM is QUI-HN-MFG-XL-C and complies with Part 15 of the FCC Rules. The IC ID for the Magnetic Field XL Generator with CAM is 11625A-HNMFGXLWCA. 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. www.hitnot.com 3 FCC ID: QUI-HN-MFG-XL-C IC: 11625A-HNMFGXLWCA Frederick Energy Products, LLC Model: HN-MFG-XL -C 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. US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending www.hitnot.com HN-CAM Installed XL00MAGNETIC FIELD XL GENERATOR Model No: HN-MFG-XL-C Serial No: XL00032 PWM Refer to User’s Manual Power In: 12/24Vdc 3A
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending Any intentional or unintentional changes or modifications to the configuration of the Magnetic Field XL Generator not expressly approved by Frederick Energy Products LLC could void the use’s authoit to opeate the euipet. 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: --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 4
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending 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. 2 Operation 2.1 Installation Information The Magnetic Field XL Generator with CAM is mounted on a vehicle or piece of machinery. Metal near the Magnetic Field XL Generator with CAM may impact performance by reducing the field size. After installing the Magnetic Field XL Generator with CAM on the machine, performance of the unit should be verified by operation and test. 2.1.1 Inoperability Warning The Magnetic Field XL Generator with CAM may experience erratic responses when in very close proximity to some electronic devices. Electrical devices may transmit an electrical field and noise from these fields may cause interference with the Magnetic Field XL Generator with CAM. A safe guideline is to keep the Magnetic Field XL Generator with CAM at least 4in or 100mm away from any electrical devices included but not limited to methane monitor, radio, mobile phone, GPS, PDA, battery charger and laptop computers. 2.2 Charging The Magnetic Field XL Generator with CAM is directly powered downstream when the ignition of the vehicle is turned on and requires no charging. 2.3 Alerts Magnetic Field XL Generator with CAM is designed to automatically adjust and maintain the original zone size. If the truck supply voltage changes or changes occur resulting in a reduction of zone sizes, the system will automatically adjust as much as 5% to ensure that the zones 5
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending remain where they were initially set. If the processor senses a significant power reduction, the alarm may sound for a period of time. When the sounder is activated, power must be cycled to restore normal operation. If the problem persists, then service is required. 2.4 Maintenance The Magnetic Field XL Generator with CAM should be regularly cleaned to reduce buildup of dust and dirt. The user should check to see if the LEDs are working before using the device. 2.5 Adjustments Magnetic field size is an adjustment which is made on the Magnetic Field XL Generator with CAM. To make the adjustment, remove the screw below the arrow shown on the label as PWM. To adjust the magnetic field size, turn the screw on the pot located inside the opening. Turning in a clockwise direction will increase while turning counterclockwise will decrease the field size. The volume to the Warning Module can be adjusted by turning plastic cover on the Warning Module. Adjustments must be made by a professional. 2.6 Interferences The Magnetic Field XL Generator with CAM may receive false triggering (generate an alarm) signals from some RF-based devices including high power radios and cell phones. Such devices will need to be moved further away from the XL Generator. If the devices cannot be moved, then the path may need to be marked to indicate areas of interference of the system. If possible, the route may need to be changed. It may be possible for the generators to cause interference though this should be rare because the average energy generated by this device is quite low at 73 kHz. 2.7 XL Generator Specifications Part Number: HN-MFG-XL-C Size: 13” x 6” x 4.5” (Depth is 4.5” at widest point and 2”at the narrowest) Weight: 7.2 lbs./ 3.2 kg Input Voltage: 12/24 VDC (Preset at the time of order. Default is 24V) Magnetic Field Frequency: 73 kHz pulsing AC field. Magnetic field pulses occur approx. 3% of the time. Magnetic Field Strength: negligible Magnetic Field Size: 12V (Warning-57ft, Danger-40ft): 24V (Warning-70ft, Danger-49ft) Maximum Current Draw: Less than 5A. It is not a constant draw with a magnetic field pulsing at 3% of the time. Current draw between pulses is very low and the overall current draw is low. Receiver Frequency: 916.48 MHz 65
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending Transmitter Frequency: 73 kHz Operating Temperature Range: -30°C to + 55°C; -22°F to 131°F 2.8 XL Generator System Installation Guide To Be Installed By a Professional “tep  Poe Cale Coet to a sithed ad fused A iuit appopiate fo the V XL Geeato o the V XL Geeato. “tep  Istall Geeato Install the Generator on top of the overhead guard and at least 4 (10.2cm) from the frame if placed on the counterbalance. It should be as far from the strobe light as possible. Adjust magnets to fit as needed. “tep  Poe to Geeato Power Cable Connect Power Cable (female) to Generator (male). Turn locking ring to secure the connection. “tep  Istall Waig Module This connection pointed up “tep  Waig Module to Geeato Connect Warning Module (male) to Generator (female). Warning Module Cable 7 “tep  Place magnet side of the Warning Module to the frame of the forklift where it can be seen and heard by the operator. Volume can be affected by turning the clear plastic cap or it can be removed. All adjustets i Steps -8 eed to e doe y a professioal. Ca “ilee In order to avoid battery drain while the vehicle is off, the Cab Silencer can be connected to a switched and fused (5A) circuit. Place the Cab Sileer withi ”  of the Operator’s PAD AND 4 ft (1.2m) away from the generator,
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 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 “tep  “ilet )oe Adjust •Factory set to max. of ~22 in. or 56cm. •To decrease the size, unscrew the cap from the Cab Silencer. •Activate a PAD and turn on truck. •Using a 3/32 slotted screwdriver, turn the Pot counterclockwise until the PAD silences at the desired location. •Replace cap. 8 Field Adjust •Remove the screw under the PWM arrow. •Have a Pedestrian with a PAD at the desired Danger Zone limit (~34’ max.), slowly adjust the PWM pot with a 3/32 slotted screwdriver until the danger zone alerts at the desired distance. •Return the screw “tep  To check the field for a Pedestrian, hold a PAD at the edge of the Danger Zone on the long axis of the XL Generator. Slowly move the PAD from Danger to Warning. “tep  Chekig Alets Afte Istallatio AlField Size 24V: Warning: 70ft Danger: 49ft •PAD/Generator (Pedestrian Alert) •Warning Zone- Series of 3 beeps •Danger Zone- Continuous signal Field Size 12V: Warning: 57ft Danger: 40ft PAD LOW BATTERY: Series of 2 beeps. PAD will not indicate Alert Signals for Warning or Danger!! •CAM/Generator (Truck to Truck Alert) •XL Generator will beep rapidly for 2 seconds when it receives the CAM signal from the other truck. The signal will reset when a PAD or another CAM comes into the Warning Zone. To check the field for a Truck with CAM, bring another Truck with CAM facing each other outside the Warning Zone. Slowly move one Truck into the Warning Zone of the other Truck. Rapid beeps will sound on both Trucks. NOTE: A XL Generator Truck without a CAM can be used with a CAM Truck to check the field. The No CAM Truck will receive the warning of the CAM Truck. The CAM Truck will not activate and alarm on it’s own truck.
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending AT YOUR OWN INDEPENDENT DISCRETION AND RISK. THE HOT-NOT® SYSTEM IS NOT GUARANTEED TO PREVENT ACCIDENTS. ACCEPTANCE AND DEFINITIONS. (A) Acceptance of Terms. These Waat Tes ad Coditios these Terms ae 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’“ POLICIE“. This Ageement 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. I this Ageeet, You ad You efe to You as the use of the “ste. FEP e, us ad ou efe to Fedeik Eeg Poduts, LLC ad ou suessos, pates, affiliates, susidiaies ad assigs. “ste efes to the Hit-Not® System puhased  You. Tes efes, 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 failue of the “ste to ofo to FEP’s itte speifiatios, 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 whih ou puhased the “ste. FEP’s liailit 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. 9
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 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, adisos, osultats, eploees, suessos ad assigs olletiel, the Poteted Paties haless fo ad agaist all losses, osts, liailities, epeses iludig easoale attoes’ fees ad expenses), claims, demands, and damages, actual and consequential, of every kind and nature, known ad uko, suspeted ad ususpeted, dislosed ad udislosed olletiel, Losses, that ae i 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 defese of suh lais. FEP ill use easoale effots to otif You of a suh 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 a dispute, lai, uestio o disageeet Clai etee You ad FEP aisig fo o elatig 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 1010
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending 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 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 attoes’ 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 1112
Exhibit 9 US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending 4 Revision History 4.1 Version 1.0 – June 23, 2015 Original Release. No revision history. 1212

Navigation menu