Frederick Energy HN-MFG-XL Magnetic Field XL Generator User Manual
Frederick Energy Products LLC Magnetic Field XL Generator 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
User’s Manual v1.0
FREDERICK ENERGY PRODUCTS, LLC
1769 Jeff Road
Huntsville, AL 35806
1.800.489.6915
HIT-NOT Proximity System
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. Overview………………………………………………………………………………………………………….. 2-5
1.1 Theory of Operation……………………………………………………………………………… 2
1.2 Operating Frequency….………………………………………………………………………… 2
1.3 Label Information…………………………………………………………………………………. 2-3
1.4 FCC/IC Information……………………………………………………………………….….….. 4-5
2. Operation…………………………………………………………………………………………………………. 5-11
2.1 Installation Information………………………………………………………………………… 5
2.1.1 Interoperability Warning………………………………………………………………... 5
2.2 Charging……………………………………………………………………………………………….. 5
2.3 Alerts……………………………………………………………………………………………………. 5
2.4 Maintenance………………………………………………………………………………………… 5
2.5 Adjustments…………………………………………………………………………………………. 5
2.6 Interferences………………………………………………………………………………………… 6
2.7 XL Generator Specifications……………………………………………………….…………. 6
2.8 Installation Guide…………………………………………………………………………………. 7-8
2.9 Safety Consideration…………………..……………………………………………………….. 8
3. Warranty…………………………………………………………………………………………………………. 8-11
4. Revision History…………………………………………………………………………………………..….. 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 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 Magnetic Field XL Generator attaches
directly to a vehicle or piece of machinery. The HIT-NOT® Proximity system includes 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 are:
To generate a 73 kHz field around a vehicle or piece of machinery to act as a protection
zone for collision avoidance and for proximity detection for the protection of
individuals.
To receive a 916.48 MHz RF signal from a Personal Alarm Device (PAD).
An add-on for a Collision Avoidance Module (CAM) between vehicles.
The Magnetic Field XL Generator has an internal 73 kHz generator and a wire wrapped ferrite
radiator that creates a field to serve as a cautionary zone around the vehicle or machine. When
a Personal Alarm Device (PAD) is in close proximity of the Magnetic Field XL Generator, the PAD
will detect the 73 kHz magnetic field from the generator and analyze its field strength. If the
73kHz field strength received by the PAD is above a certain threshold, indicating the distance
between the Magnetic Field XL Generator and the PAD is close enough to signify a Warning or
Danger condition, then it will reply to the Magnetic Field XL Generator with an 916.48 MHz
transmission. The Magnetic Field XL Generator has its 916.48 MHz receiver on when it is
transmitting the 73 kHz field and is “listening” to receive any 916.48 MHz transmissions from an
individual equipped with a PAD to indicate the individual is too close to the vehicle and
warrants a warning or danger condition. If the Magnetic Field XL Generator 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 Generator).
1.2 Operating Frequency
The Magnetic Field XL Generator will transmit on a frequency of 73 kHz and receive on a
frequency of 916.48 MHz.
1.3 Label Information
The Magnetic Field XL Generator label is located on the side of the housing. Information
includes the Serial Number, Model Number, Power In, FCC/IC Identification, “PWM” adjustment
location, and References to this manual.
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
FCC and IC Label for Proximity Module
The HIT-NOT label defines the model and serial number of the Magnetic Field Generator.
1.4 FCC/IC Information
The FCC ID for the Magnetic Field XL Generator is QUI-HN-MFG-XL and complies with Part 15 of
the FCC Rules. The IC ID for the Magnetic Field Generator is 11625A-HNMFGXL. 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 Magnetic
Field XL Generator not expressly approved by Frederick Energy Products LLC could void the
user’s authority to operate the equipment.
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.
www.hitnot.com
3
FCC ID: QUI-HN-MFG-XL IC: 11625A-HNMFGXL
Frederick Energy Products, LLC Model: HN-MFG-XL Canada 310
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
XL00
MAGNETIC FIELD XL GENERATOR
Model No: HN-MFG-XL
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
--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
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
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
(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 is mounted on a vehicle or piece of machinery. Metal near the
Magnetic Field XL Generator may impact performance by reducing the field size. After installing
the Magnetic Field XL Generator on the machine, performance of the unit should be verified by
operation and test.
2.1.1 Inoperability Warning
The Magnetic Field XL Generator 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. A safe guideline is to
keep the Magnetic Field XL Generator 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 is directly powered downstream when the ignition of the
vehicle is turned on and requires no charging.
2.3 Alerts
Magnetic Field XL Generators are 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 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 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. 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.
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
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 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 Generator Specifications
Part Number: HN-MFG-XL
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
Transmitter Frequency: 73 kHz
Operating Temperature Range: -30°C to + 55°C; -22°F to 131°F
6
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
2.8 XL Generator System Installation Guide
To Be Installed By a Professional
Step 1
Power Cable
Connect to a switched and fused (5A)
circuit.
Step 2
Install Generator
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.
Step 3
Power to Generator
Power Cable
Connect Power Cable (female) to Generator (male).
Turn locking ring to secure the connection.
Step 4
Install Warning Module
This connection pointed up
Step 5
Warning Module to Generator
Connect Warning Module (male) to Generator
(female).
Warning Module Cable
7
Step 6
Install Extra Warning Module
(if applicable)
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 reduced by
turning the clear plastic cap.
Connect the second
Warning Module Cable
into the bottom of the
first Warning Module
All adjustments in Steps 7-9 need to
be done by a professional.
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
Step 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
Step 9
Silent Zone 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
Step 7
Cab Silencer
Step 10
Alerting Signals
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
Silencer within 21” (53cm) of the
Operator’s PAD AND 4 ft (1.2m)
away from the generator,
PAD
Forklift
Field Size:
Warning: 43ft
Danger: 30ft
• PAD (Pedestrian Alert)
• Warning Zone- Series of 3 beeps
• Danger Zone- Continuous signal
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 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.
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,
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
10
10
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
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
11
12
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 – January 30, 2015
Original Release. No revision history.