EULA Master

END-USER LICENSE AGREEMENT THIS END-USER LICENSE AGREEMENT (the “Agreement”) is by and between you, the end-user (“You”), and Watershed Innovations, LLC (d/b/a Osmosis) and its affiliates (including, without limitation, Nautique Boat Company, Inc., Fineline Industries, LLC, and Villach Electric, LLC (d/b/a Ingenity)) (collectively, “Osmosis” and, together with You, collectively the “Parties”).

  1. INTRODUCTION

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY

    1. THE BOAT/WATERCRAFT YOU ARE PURCHASING, OR HAVE PURCHASED OR ARE OTHERWISE USING (THE “WATERCRAFT”) IS EQUIPPED WITH HARDWARE AND SOFTWARE (THE “OSMOSIS SYSTEM”) THAT MONITOR PERFORMANCE AND MAINTENANCE-RELATED INFORMATION (THE “PERFORMANCE DATA”) THAT IS REPORTED TO OSMOSIS AND USED TO IMPROVE THE WATERCRAFT AND GATHER INFORMATION ON EQUIPMENT FAILURES, MAINTENANCE ISSUES, AND USAGE OF THE WATERCRAFT GENERALLY. THE OSMOSIS SYSTEM ALSO MONITORS THE WATERCRAFT’S PRECISE LOCATION AND POSITIONING (COLLECTIVELY, “GEOLOCATION DATA”), WHICH IS USED AS FOLLOWS: (I) TO POPULATE THE MAP ONBOARD THE WATERCRAFT, AND YOUR CONSENT FOR THAT PURPOSE IS AUTOMATICALLY PROVIDED BY VIRTUE OF YOUR USE OF THE WATERCRAFT; (II) OSMOSIS WILL FURTHER MONITOR, COLLECT, AND USE GEOLOCATION DATA IF YOU ENABLE THE SPECIFIC TRACKING FEATURE THROUGH THE APP SOFTWARE (AS DEFINED BELOW),, IN ORDER TO ENABLE CERTAIN FEATURES OF THE APP SOFTWARE (SUCH AS LOCATION TRACKING OF YOUR WATERCRAFT) AND TO IMPROVE THE WATERCRAFT AND TO GATHER INFORMATION ON THE WATERCRAFT GENERALLY, AND (III) OSMOSIS MAY COLLECT AND MONITOR GEOLOCATION DATA WITHOUT YOUR PERMISSION IN SPECIAL CIRCUMSTANCES, SUCH AS TO LOCATE A STOLEN WATERCRAFT OR IN THE CASE OF AN EMERGENCY.
    2. OSMOSIS ALSO MAKES AVAILABLE A SMARTPHONE APP THAT ACCOMPANIES THE SOFTWARE INSTALLED ON YOUR WATERCRAFT, INCLUDING THE OSMOSIS SYSTEM (THE “APP SOFTWARE”). THE APP SOFTWARE AND THE SOFTWARE INCLUDED IN THE OSMOSIS SYSTEM ARE COLLECTIVELY REFERRED TO HEREIN AS THE “SOFTWARE”.
    3. THIS AGREEMENT SETS FORTH THE TERMS UNDER WHICH THE OSMOSIS SYSTEM AND THE APP SOFTWARE ARE MADE AVAILABLE TO YOU. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END-USER, AND OSMOSIS FOR THE USE OF THE OSMOSIS SYSTEM AND THE APP SOFTWARE.
    4. THE OSMOSIS SYSTEM IS COMPRISED OF INHERENT COMPONENTS OF THE WATERCRAFT INSTALLED AT THE TIME OF MANUFACTURE OF THE WATERCRAFT AND WHICH CANNOT BE EASILY REMOVED. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCEPTANCE OF THIS AGREEMENT AND CONSENT TO THE PRESENCE OF THE OSMOSIS SYSTEM FOR THE DURATION OF YOUR USE AND OWNERSHIP OF THE WATERCRAFT AS SET OUT HEREIN IS A CONDITION OF YOUR PURCHASE AND USE OF THE WATERCRAFT. IF YOU DO NOT PROVIDE SUCH ACCEPTANCE AND CONSENT, YOU MUST NOT PROCEED WITH ANY PURCHASE OR USE OF THE WATERCRAFT.
    5. THE APP SOFTWARE PERMITS YOU TO ENABLE AND DISABLE OSMOSIS’S TRACKING OF GEOLOCATION DATA FOR THE PURPOSE DESCRIBED IN SECTION 1.A.(II) ABOVE. BY ENABLING THAT FEATURE, YOU ARE CONSENTING TO OSMOSIS’S COLLECTION, STORAGE, AND USE OF GEOLOCATION DATA UNTIL YOU DISABLE IT.
  1. AUTHORIZED USE

Osmosis hereby grants You a non-exclusive, non-transferable, royalty free license to use the Osmosis System and the App Software solely in connection with the operation of the Watercraft on which the Osmosis System is installed.

    1. UNAUTHORIZED USE
      1. Unless provided otherwise in this Agreement or by prior express written consent of Osmosis, You shall not modify, reproduce, or distribute any part or portion of the Software, nor any related software or documentation, if any.
      2. You are not granted the right to, and You shall not, engage in any of the following activities with respect to the Software: (i) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, spiders, web-bots, screen-scrapers, or web crawlers or other items of a destructive or disruptive nature; (ii) exploit the Software in any unauthorized way, including by trespass or burdening server or network capacity or infrastructure; (iii) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Software or remove, alter, circumvent, or otherwise tamper with any security technology; (iv) “frame,” “mirror,” or resell any part of the Software without our prior written authorization; or (v) harvest or collect information about other Watercraft users.
      3. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE SOFTWARE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SOFTWARE OR ANY HARDWARE UPON WHICH THE SOFTWARE RUNS OR RELIES (INCLUDING, WITHOUT LIMITATION, ITS REMOVAL FROM THE WATERCRAFT IN WHOLE OR PART) IS A VIOLATION OF THIS AGREEMENT. OSMOSIS RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. OSMOSIS RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR WATERCRAFT AND ACCESS TO AND USE OF YOUR WATERCRAFT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT, TO COMPLY WITH ANY COURT ORDER, OR AS PERMITTED IN OSMOSIS’ THEN-CURRENT PRIVACY POLICY LOCATED HERE https://www.correctcraft.com/privacy-policy-master/ . IN THE EVENT OSMOSIS REASONABLY BELIEVES YOU HAVE VIOLATED THIS AGREEMENT, OSMOSIS MAY REMOTELY DISABLE OR DELETE THE SOFTWARE AND/OR REMOTELY DISABLE THE HARDWARE ON WHICH IT RUNS AND/OR RELIES (INCLUDING, WITHOUT LIMITATION, THE OSMOSIS SYSTEM, BUT NOT HARDWARE OR SOFTWARE THAT POWERS THE WATERCRAFT ITSELF).
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    3. OWNERSHIP OF THE SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
      1. The Software is licensed to you, not sold, for use only under the terms and conditions of this Agreement. Osmosis or its licensors shall retain all worldwide rights, title, and interest in and to the Software and all Improvements (as defined below), including without limitation ownership of all copyright rights and other intellectual property rights therein. All trademarks, logos, and service marks (collectively “Marks”) displayed in connection with the Watercraft and/or Software are the registered and/or unregistered trademarks of Osmosis or other third parties. Nothing contained in this Agreement or the Software should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of Osmosis, and any other use of Osmosis’ Marks is strictly prohibited. Osmosis or its licensors shall retain all worldwide rights, title, and interest in and to its worldwide trademarks, service marks, and trade names, plus all goodwill associated with any of the foregoing.
      2. You acknowledge that the Software is unique and original to Osmosis and that Osmosis is the owner thereof. Unless otherwise permitted by law, You shall not, at any time during or after the effective term of the Agreement, dispute or contest, directly or indirectly, Osmosis’ exclusive right and title to the Software or the validity thereof. You will not obtain any rights in the Software other than those expressly set forth herein. Osmosis reserves all rights not expressly granted hereunder.
      3. You agree not to duplicate, translate, decompile, reverse engineer, or adapt the Software without Osmosis’ prior written consent, nor shall You attempt to develop any product, service, or software that contains content of or the “look and feel” of the Software, or any portion thereof.
      4. Under no circumstances shall any provision of this Agreement be understood or deemed to restrict, bar, prohibit, or limit Osmosis’ right to market, sell, distribute, or otherwise display the Software directly or indirectly anywhere in the world, or enter into contracts, grant licenses, or make arrangements with any other party to market, sell, distribute, or otherwise display the Software anywhere in the world.
      5. You shall not sublicense, transfer, or assign any right granted herein to any other person or entity, except in conjunction with the sale of the Watercraft on which the Software is pre-installed. You acknowledge that should You sell, lease, or transfer the Watercraft to another person or entity, you must disable the tracking and collection of Geolocation Data for your Watercraft on the App Software.
      6. You further acknowledge and agree that the terms and conditions of this Agreement will apply to any upgrades, improvements, alterations, or modifications of the Software (collectively the “Improvements”), unless such Improvements are accompanied by a separate license. The terms and conditions of such a separate license will apply to the software or product it accompanies.
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    5. TERM AND TERMINATION
      1. This License is effective from the moment You purchase the Watercraft or use the App Software, and continues for the full duration of your ownership of the Watercraft on which the Software is installed or your possession or use of the App Software, as applicable, unless terminated by Osmosis.
      2. Osmosis may terminate this Agreement and cease providing services through the Osmosis System and/or the App Software at any time in its sole discretion.
      3. If, at any time, You fail to comply with or breach any term (or terms) of this Agreement, your rights under this Agreement will automatically terminate without notice from Osmosis, and Osmosis shall have the right to recover damages from You for such breach, without regard to whether Osmosis provides You with advance notice of such breach.
      4. Upon termination or expiration of this Agreement, all rights granted herein shall revert to Osmosis.
      5. Notwithstanding any part of this clause 5, your obligations in respect of the Osmosis System installed in your Watercraft and the App Software shall survive termination of this Agreement, including, without limitation, your consents under clauses 1.D and 1.E, and your obligations under clauses 1.D, 1.E, 3.C, 8, and 9.B.4, and any other clause or provision which, by its express terms or its nature, is intended to survive termination.
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    7. SUPPORT SERVICES; EXCEPTIONS
      1. Osmosis may, from time to time, provide You with support services related to the Osmosis System and the App Software (“Support Services”), but it has no obligation to do so. Osmosis may also, from time to time, share the data collected by the Osmosis System and the App Software with third parties which may include but are not limited to watercraft dealers, gps/navigation providers, watercraft manufacturers, equipment manufacturers and emergency service providers (“Third Party Services”). Osmosis reserves the right to alter, suspend, and terminate the Support Services and Third-Party Services at any time and for any reason. Use of Support Services and Third-Party Services is governed by this Agreement and Osmosis’ then-current Privacy Policy located here – https://www.correctcraft.com/privacy-policy-master/.
      2. Please note that should an emergency or malfunction arise during Your operation of the Watercraft and as such is reported via transmission through the Osmosis System or the App Software, Osmosis and/or any of its third-party vendors are not responsible nor obligated to provide Support Services or Third-Party Services to rectify or alleviate the emergency or malfunction. Additionally, Osmosis and/or its third-party vendors will not be liable for not responding or attending to any such emergency or malfunction that was reported via transmission through the Osmosis System or the App Software. IF YOU HAVE NOT ENABLED, OR HAVE DISABLED, THE TRACKING AND COLLECTION OF GEOLOCATION DATA ON THE APP SOFTWARE, YOUR WATERCRAFT MAY NOT BE TRACEABLE IN THE EVENT OF THEFT OR OTHER EMERGENCY, AND OSMOSIS MAKES NO GUARANTY THAT GEOLOCATION DATA WILL BE AVAILABLE OR ACCESSIBLE IN THE EVENT OF AN EMERGENCY EVEN IF YOU ENABLE ITS TRACKING AND COLLECTION.
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    9. DISCLAIMERS
      1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OSMOSIS SYSTEM AND THE APP SOFTWARE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND OSMOSIS (WHICH, FOR CLARITY, INCLUDES ALL OF ITS AFFILIATES) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OSMOSIS SYSTEM AND THE APP SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
      2. OSMOSIS PROVIDES NO WARRANTY AGAINST INTERFERENCE WITH YOUR OR ANY OTHER END-USER’S ENJOYMENT OF THE OSMOSIS SYSTEM OR THE APP SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE OSMOSIS SYSTEM OR THE APP SOFTWARE WILL MEET THE END-USER’S REQUIREMENTS, THAT THE OPERATION OF THE OSMOSIS SYSTEM AND THE APP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE OSMOSIS SYSTEM AND THE APP SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OSMOSIS OR AN OSMOSIS-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
      3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSMOSIS DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA OR MATERIAL OF ANY KIND CONTAINED WITHIN OR TRANSMITTED BY THE OSMOSIS SYSTEM OR THE APP SOFTWARE FOR ANY PURPOSE. OSMOSIS AND ITS THIRD-PARTY VENDORS MAKE NO REPRESENTATIONS THAT THE OSMOSIS SYSTEM OR THE APP SOFTWARE WILL BE FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND OSMOSIS AND ITS THIRD-PARTY VENDORS DISCLAIM ANY LIABILITY RELATING THERETO. OSMOSIS AND ITS THIRD-PARTY VENDORS DO NOT PROVIDE ANY WARRANTY AS TO THE AVAILABILITY OF THE OSMOSIS SYSTEM OR THE APP SOFTWARE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.
      4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSMOSIS AND ITS THIRD PARTY VENDORS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE, OR INJURY CAUSED BY A FAILURE OR DELAY IN RESPONDING TO A TRANSMISSION FROM THE OSMOSIS SYSTEM OR THE APP SOFTWARE, INCLUDING ANY EMERGENCY OR DISTRESS SIGNAL, OR ANY OTHER EMERGENCY SERVICE, OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
      5. NOTHING IN THIS AGREEMENT SHALL CREATE OR EXPAND ANY WARRANTIES FOR THE WATERCRAFT APART FROM THOSE WITH RESPECT TO THE OSMOSIS SYSTEM AND THE APP SOFTWARE EXPRESSLY SET FORTH HEREIN.
      6. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAW IS APPLICABLE TO THIS AGREEMENT, IN WHICH CASE OSMOSIS’ WARRANTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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    11. INDEMNIFICATION AND DEFENSE; LIMITATION OF LIABILITY
      1. In consideration of Osmosis’ provision of the Osmosis System and the App Software to You, and the rights granted to You, to the maximum extent allowable by law You agree to indemnify, defend, and hold harmless Osmosis, its parent, subsidiaries, affiliates, licensors, third party vendors, independent dealers, and contractors, as well as their respective employees, officers, directors, and agents (collectively, the “Indemnified Persons”), from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any third party claim or demand made to or against any Indemnified Person(s): (i) arising out of your access to or use of the Osmosis System and/or the App Software; (ii) arising out of your failure to comply with this Agreement; (iii) relating to the inaccuracy or untruthfulness of any representation or warranty that You made under this Agreement; (iv) arising out of any activities of anyone other than You in connection with the Osmosis System, and/or the App Software; (v) arising out of inability to access or use the Watercraft, the Osmosis System, and/or or the App Software; or (vi) arising out of any of your other activities under or in connection with this Agreement, the Osmosis System, and/or the Software.
      2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OSMOSIS AND THE OTHER INDEMNIFIED PERSONS WILL NOT BE LIABLE IN ANY WAY FOR: (i) ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE OSMOSIS SYSTEM, OR THE APP SOFTWARE; (ii) ANY ACTION OR INACTION OF THIRD PARTIES; (iii) ANY EVENTS BEYOND THE REASONABLE CONTROL OF OSMOSIS OR THE OTHER INDEMNIFIED PERSONS; (iv) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF THE WATERCRAFT, THE OSMOSIS SYSTEM, OR THE APP SOFTWARE; (v) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, UPDATES, OR CHANGES TO SYSTEMS, SOFTWARE, OR OTHER EQUIPMENT PROVIDED BY OSMOSIS AND THE OTHER INDEMNIFIED PERSONS (INCLUDING, WITHOUT LIMITATION, THE OSMOSIS SYSTEM AND THE APP SOFTWARE); (vi) ANY CHANGE OR REDUCTION IN, OR ANY LOSS OF SERVICES CAUSED BY CHANGES IN SYSTEMS, SOFTWARE, OR INFRASTRUCTURE (SUCH AS THE WIRELESS SERVICE OR TECHNOLOGY INFRASTRUCTURE) THAT ARE MADE AVAILABLE BY THIRD PARTIES; AND (vii) ANY ACTIONS TAKEN BY THIRD PARTIES WITH RESPECT TO THE OSMOSIS SYSTEM OR THE APP SOFTWARE THAT ARE NOT EXPRESSLY AUTHORIZED BY OSMOSIS. TO THE EXTENT THAT OSMOSIS OR ANY OTHER INDEMNIFIED PERSON IS FOUND LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, OR EXPENSES IN CONNECTION WITH THIS AGREEMENT, THE OSMOSIS SYSTEM, OR THE APP SOFTWARE, AND TO THE GREATEST EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT OSMOSIS’ AND ANY OTHER INDEMNIFIED PERSON’S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF OSMOSIS OR THE OTHER INDEMNIFIED PERSON KNEW, OR SHOULD HAVE KNOWN, ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT AND APPLY TO YOU, ANY OTHER PERSON USING THE WATERCRAFT, THE OSMOSIS SYSTEM, AND/OR APP SOFTWARE, AND ANYONE MAKING A CLAIM ON YOUR OR THEIR BEHALF.
      3. To the maximum extent permitted by law and unless prohibited by law, You agree that You must file any arbitration request, claim, or cause of action arising out of or related to access to, use, and/or the operation of the Osmosis System or the App Software, or otherwise relating to this Agreement, within one (1) year after the events giving rise to such request, claim, or cause of action, or You shall be forever barred from filing such request, claim, or cause of action. This Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
        1. PRIVACY
          1. Privacy Policy. Osmosis’ Privacy Policy provides information about the data that Osmosis collects, uses, and shares. Osmosis will collect data about Your use of Watercraft, the Osmosis System, and the App Software, through the Software in accordance with the provisions of this Agreement and the Privacy Policy, the current version of which is available at https://www.correctcraft.com/privacy-policy-master/ .
          2. Watercraft Sale.
        1. If You sell your Watercraft to a subsequent purchaser, it is your responsibility to disable future data collection (including the collection of Geolocation Data as described in Section 1.A.(II) above) before the sale by using the App Software.
        1. If You sell, transfer, lease or dispose of the Watercraft, You are solely responsible for ensuring deletion of information about You contained in the Watercraft’s systems and the Software.
        1. You should not provide the purchaser with login or other account information for your account on the App Software. To protect your privacy and the privacy of the purchaser, You should notify the purchaser that he/she/they can download the App Software and create their own account if he/she/they choose to do so after purchasing the Watercraft and consenting to this Agreement.
        1. You agree that, from and after your sale of your Watercraft, Osmosis will have no liability for your failure to turn off future data collection (including Geolocation Data), your continued use of the App Software with respect to the Watercraft (including, without limitation, your decisions and actions regarding the sharing and/or use of data through the App Software), or your allowing the purchaser of your Watercraft to use your account on the App Software. You agree to indemnify, defend, and hold harmless Osmosis and the other Indemnified Persons in the event of any claims against them relating to data rights in connection with a sale of your Watercraft to the extent you have not followed the requirements set forth in this Agreement.
           

        1. GOVERNING LAW AND DISPUTE RESOLUTION
          1. This Agreement shall be governed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
          2. ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “CLAIM”), SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS INCLUDING ANY DISPUTES RELATING TO THE ARBITRABILITY OF CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
          3. ANY ARBITRATION WILL 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 PROVISION SET FORTH IN CLAUSES 10.B AND THIS 10.C SHALL BE NULL AND VOID IN THEIR ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS. THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
          4. THE ARBITRATION REQUIREMENTS OF THIS AGREEMENT SHALL NOT PREVENT EITHER PARTY FROM SEEKING EMERGENCY INJUNCTIVE RELIEF TO PREVENT IRREPARABLE HARM PENDING THE INITIATION OF ARBITRATION.
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        3. CUSTOMER SERVICE

Osmosis’ customer service department is available to address any concerns You may have regarding the Osmosis System and the App Software. You may contact us at support@osmosis.io for further information or email support@osmosis.io for general customer service. Most matters are quickly resolved in this manner to our customers’ satisfaction. If You have questions or concerns about your Watercraft that do not relate to the Osmosis System or the App Software, please direct those to your Watercraft dealer or the Watercraft manufacturer.

        1. OTHER TERMS AND CONDITIONS
          1. Modifications.This Agreement may not be modified or amended except by written instrument duly executed by both Parties.
          2. Agreement is Binding on Successors and Assigns.The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors, and assigns.
          3.  Severability.If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
          4. Assignment.You may not assign this Agreement or the rights and obligations thereunder to any third party apart from the sale of the Watercraft on which it is pre-installed. In the event that You sell the Watercraft, You must have the purchaser consent to the terms of this Agreement, and You agree to defend and indemnify Osmosis for any claims that arise from your failure to have the purchaser consent to this Agreement.
          5. Interpretation.The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. This Agreement shall not be construed for or against any party as the drafting party.