Terms of Use

Effective Date: August 1, 2022

These Terms of Use govern your use of this mobile app ("Services"), owned and operated by ZF Marine Propulsion Systems Miramar, LLC, a Delaware limited liability company with offices at 15351 SW 29th St., Suite 300, Miramar, Florida 33027, or its affiliates and subsidiaries (referred to as the "Company," "we," or "our" as applicable), that displays or links to these Terms of Use.

PLEASE NOTE THAT SECTION 10 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND COMPANY WOULD BE RESOLVED.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY VISITING, VIEWING, OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF AND ANY PERSON OR ORGANIZATION YOU REPRESENT) ARE AGREEING TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

1. Structure of the Terms. These terms apply to your use of and interaction with those Services and address our universal terms.

1.1 Limited Use Rights. Under these Terms of Use we grant you a limited, non-transferable, non-exclusive, revocable right to access and use the Services to test its functionality and provide feedback to Company. Company reserves the right, in its sole discretion, to revoke access and use of the Services at any time.

1.2 Use Restrictions. You may not rent, lease, distribute, or resell the Services, or use the Services as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Services.

2. Modification

2.1 Modification of the Services. We reserve the right to modify the Services at any time with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service offering altogether.

2.3 Modification of Terms. We also reserve the right to modify these Terms of Use at any time, so be sure to check back regularly. By continuing to use or log in to the Services after these Terms of Use have changed, you indicate your agreement to the revised Terms of Use. If you do not agree to our changes, you can stop using the Services at any time.

3. Accounts & Subscriptions; Payments

3.1 Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services.You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Company, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.

3.2 Account Security. You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password.

3.3 Account Monitoring and Suspension. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or related to the Services. We may also deactivate, terminate or suspect your account or access to certain Services at any time for reasons included, but not limited to, the following: (1) a violation of the Terms of Use; (2) if we determine, in our sole discretion, that you have created a risk or possible legal exposure for Company or any third party; (3) upon any discontinuation of material modification to our Services; (4) unexpected technical security issues or problems; (5) deletion of your information, files and Content associated with your account in association with a request by you; (6) nonpayment of any fees owed by you in connection with the Services; or (7) extended periods of inactivity. Any termination or suspension of your account shall be at Company's sole discretion and Company shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.

3.4 Subscriptions, Memberships and Paid Services. As a registered user, you may subscribe to certain premium, paid services, print subscriptions, or memberships available via the Services (collectively "Subscriptions"). A Subscription will enable you to access certain paid features and content when available. Your use of premium content and features as a paid subscriber is subject to these Terms of Use, including Section 3 (Limitations on Use of the Services).

3.5 Pricing

Subscribers agree to pay the fees listed on the subscription sign up page for the subscription term listed on that page

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

By signing up for and using a Subscription, you agree to waive your 14-day right of withdrawal at the moment you subscribe, to the maximum extent permitted by applicable law, in exchange for immediate access.

If applicable to the particular Subscription, You may modify your Subscription by upgrading or downgrading your Subscription tier at any time. When you modify your Subscription, the change will become effective at the end of the then current Subscription term.

Subscription payments are non-refundable except at our sole discretion and in accordance with the rules governing each Subscription.

3.6 Notice of Auto Renewal; Effect of Cancellation.

To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a one-month Subscription will renew on a monthly basis and a one-year Subscription will renew on an annual basis).

By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. You may cancel your Subscription at any time. Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period.

Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.

3.7 Promotions

We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.

You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase.

We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.

3.8 Payments. All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the "Payment Method"). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

3.9 Payment and Financial Transaction Processing. We may use third party electronic payment processors and/or financial institutions ("Payment Processors") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern.

3.10 Fee Changes. The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.

3.11 Discounts. Where applicable, to redeem a discount or coupon code, enter the applicable code before you make your payment. All valid discounts or coupon codes can be applied when subscribing to paid Subscription services. Active accounts are not eligible for discounts or coupon redemptions. Discount and coupon codes cannot be combined with any other promotion, or exchanged, refunded or redeemed for cash. A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount or coupon code before it expires. The terms and conditions of a specific discount or coupon code may include additional restrictions on its use.

3.12 Restrictions on Purchases. We may offer opportunities to purchase products via the Services. Certain products may have limited quantities. We reserve the right to refuse any order you place, limit quantities purchased per person, per household, or per order, or cancel orders that you place. In the event that we make a change to or cancel your order, we may attempt to contact you using the contact information you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, dealers or other commercial entities.

3.13 Refunds (Third Party Services). If you or an event organizer uses the Services to facilitate certain transactions, please be aware that we cannot provide refunds on behalf of event organizers. Please contact customer service for the event or organization with whom you are transacting for assistance. Our service or processing charges are non-refundable.

4. Limitations on Use of the Services

4.1 Use Restrictions. The Services are available for your personal, noncommercial use. Please do not use the Services in a way that violates any laws, infringes anyone's rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms of Use). Please do not attempt to gain unauthorized access to the Services or its associated computer systems or networks. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account and access to the Services (with or without refunding any payments you have made for premium access to the Services at our discretion), prohibit you from using the Services, and take appropriate legal action. Using the Services or purchasing a Subscription does not give you ownership of any intellectual property rights to the content that you access. You may not use content from the Services unless you obtain prior written permission from us, or unless you are otherwise permitted to do so by law. When you use the Services, you agree to comply with all laws applicable to you.

4.2 Confidential Information. You acknowledge and agree that using the Services will result in Company disclosing certain confidential, proprietary and/or trade secret information related to the Services and/or Company (the "Confidential Information"). Such Confidential Information includes, without limitation, the features, functionality and existence of the Services, and any know how, trade secrets, computer programs, source code, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, business plans or reports made available to you. You agree that you will not, without the express prior written consent of Company, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information (a) is or becomes generally available to the public through any means other than as a result of any act or omission by you; (b) is rightfully received by you from a third party that is not subject to any obligation of confidentiality with respect thereto and without limitation as to its use; or (c) is independently developed by you without any reliance on any Confidential Information.

5. Ownership and Use of Content; User Submissions; Acceptable Use

5.1 Definitions. As used in the Terms of Use, "Content" means any form of information, data, or creative expressions and includes, without limitation, video, films, audio, photographs, images, designs, illustrations, articles, workouts, recipes, training plans, software, features and all intellectual property embodied therein, any of which may be generated, provided or otherwise made available or accessible on or through the Services. "User Generated Content" has the meaning as stated in Section 5.3 below, "User Content" has the meaning as stated in Section 5.4 below, and "Company Content" is anything that is not User Generated Content or User Content.

5.2 Company Content License. All Company Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and to the Services belong to Company and/or its partners or applicable third parties. Subject to your compliance with the Terms of Use, we grant you a limited, revocable, personal, non-transferable and non-exclusive right and license to access and use the Services and the Company Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, creative derivative works, reverse engineer, sell, assign, sublease, transfer or otherwise commercially exploit any right in the Company Services or Content.

5.3 User Generated Content License. We may provide solicited or unsolicited opportunities for you to post, upload, or submit content on or through the Services (collectively, "User Generated Content"), including User Content (as defined below). This is completely voluntary. Other than User Content, all information that you post, upload, or submit may be publicly accessible via the Services and used in Company promotional content. You waive all moral rights or rights of attribution to the User Generated Content. You grant Company, its agents, licensees, and assigns an irrevocable, perpetual, world-wide, non-exclusive, sub-licensable, royalty-free, and transferable right and license to reproduce, encode, store, copy, transmit, publish, resell, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use User Generated Content. You also grant each user of the Services a perpetual, irrevocable, non-exclusive license to access the User Generated Content that you post, upload, or submit and to use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Services and under these Terms of Use. This license continues even if you stop using the Services. The Company reserves the right to reject the User Generated Content in its sole discretion. User Generated Content may be edited or removed at our discretion and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. By submitting User Generated Content, you consent to the display and publication of such content on or within the services and for related online and offline promotional uses.

5.4 Personal User Content. We may provide opportunities for you to store your own preferences, settings, or content for later retrieval on certain Services ("User Content"). User Content is a form of User Generated Content and subject to Section 4 of these Terms of Use. We reserve the right to remove User Content from the Services at our discretion, including if the User Content violates these Terms of Use. User Content may be subject to inadvertent damage, corruption, or loss. User Content that is deleted may be irretrievable. We are not liable for deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. We recommend that you always backup User Content.

5.5 Representations & Warranties. If you submit any User Generated Content by any means, you represent and warrant that: (a) you are not violating any law, (b) you are not impersonating another person, (c) you own the User Generated Content, (d) you have the right to post, upload, or submit the User Generated Content, (e) all User Generated Content represents your own work, (f) you did not purchase any of the User Generated Content prior to submitting it to the Company, (g) you have redacted any sensitive personal information or other personally identifiable information that you do not wish to be made publicly available, (h) by uploading User Generated Content you agree to intentionally disclose the User Generated Content to other users on the Services subject to these Terms of Use, and (i) you may not be compensated for User Generated Content submitted via the Services at the Company's discretion.

5.6 Acceptable Use Policy. When you post, upload, or submit User Generated Content to the Services, or otherwise when you use the Services, you agree that you will not (and will not permit any third party to):

• Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;
• Violate, or intentionally or unintentionally promote any activity that would violate, applicable law.
• Submit or upload content that is false, misleading, untruthful, threatening, unlawful, harassing, defamatory, libelous, deceptive, abusive, fraudulent, invasive of another person's privacy, tortious, obscene, pornographic, offensive, profane, or otherwise inappropriate;
• Submit or upload content for any commercial purpose or for unauthorized or unsolicited advertising purposes;
• Impersonate any person or entity or otherwise misrepresent your identity or affiliation; or
• Use automated means to submit content to the Services.

5.7 Indemnification for User Generated Content. You agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of any User Generated Content.

5.8 Release Agreement. You release and discharge the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns of any and all claims arising out of your disclosure of User Generated Content, including but not limited to any use of the User Generated Content by a user of the Services for a purpose that the Company prohibits in these Terms of Use.

5.10 Company Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any Company Content that is published on or made available through the Services, and we make no commitment to update such Content.

5.11 Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.

6. Trademark & Copyright Restrictions

6.1 Company Rights. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Company and/or of third parties who have authorized their use (collectively the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

6.2 Copyright Violations. If you believe any information on the Services infringes your copyrights or applicable law, please contact with the following information:

• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the website;
• your email address or other contact information that is sufficient for us to contact you;
• a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you that the above information in your notice to Outside is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Notices should be directed by mail at:

ZF North America, Inc.
12001 Tech Center Drive
Livonia, MI 48150
Attention: Legal Department

7. Service Features

7.1 Social Network Features. The Services may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, LinkedIn, TikTok, and Twitter ("Social Network Features"). While your use of the Social Network Features is governed by these Terms of Use, your access to and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those social networking sites complies with any applicable terms of service or other agreements.

7.2 Mobile Features. You are responsible for making all arrangements necessary to access the Services. For example, access to the Services, including any mobile app, may require the use of certain mobile devices or a wireless data service. You may incur charges from your wireless provider when you use the mobile app. We may update the app at our discretion. If you accept these updates, you agree to pay for any costs associated with receiving them. Company makes no representations that the app will be compatible with your device or wireless data service.

8. Warranties and Disclaimers

BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ACTIVITIES AND COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY PERFORMED BY YOU IN USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURY, ILLNESS, OR DAMAGES SUSTAINED FROM YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES YOU ACCESS OR LEARN ABOUT THROUGH THE SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF COMPANY OR OTHERS. IF YOU CHOOSE TO UTILIZE THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR OUTSIDE SURROUNDINGS BEFORE ENGAGING THE SERVICES OR MAKING ANY DECISIONS.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, THE COMPANY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SERVICES, THE SERVICES PROVIDED ON THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THAT THE SERVICES WILL BE FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE RELIABILITY, COMPLETENESS, SECURITY, QUALITY, ACCURACY, AVAILABILITY, OR APPLICABILITY TO YOU OF THE SERVICES, ANY CONTENT PROVIDED ON THE SERVICES, OR ANY SERVICES OFFERED BY THE COMPANY VIA THE SERVICES OR ELSEWHERE ONLINE OR OFFLINE. WE PROVIDE THE SERVICES "AS IS."

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

9. Indemnification; Limitation of Liability

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Terms of Use, the User Generated Content you create or share through the Services, and any of your activities related to or in connection with the Services.

EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY'S USE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SERVICES IN THE PAST TWELVE (12) MONTHS, OR $500.

In cases other than those described in the previous paragraph, our liability for slight negligence is limited to breaches of essential contractual obligations. Essential contractual obligations are obligations that must be performed in order to achieve the purpose of a contract in the first place, and on the performance of which you may therefore generally rely. Our liability for such breaches of essential contractual obligations under this paragraph is limited to damages that are typical of the type of contract and foreseeable at the time the contract is concluded.

10. Disputes

The parties will attempt to resolve any dispute related to the Services through good faith, informal negotiation. If initial negotiation does not resolve the dispute, the parties will select a mutually agreed mediator in a mutually agreed location to attempt to resolve the dispute. If mediation fails to resolve the dispute, either party may file an action in a federal court in the State of Michigan only and each party irrevocably submits to the jurisdiction and venue of the applicable courts. The laws of the State of Michigan govern the Terms of Use. Any breach of confidentiality obligations hereunder, or any unauthorized use of the Services or a party's Intellectual Property by the other, may cause irreparable harm. In no event may this agreement be governed by the United Nations convention on contracts for the international sale of goods.

11. Email and Text Communications

11.1 Electronic Communications. You agree that all communications related to your use of the Services will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot however opt out of communications that are related to your use of the services available on the Services.

11.2 Notices. When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us.

12. United States Operations; International Disclaimer

The Services are controlled and primarily operated by Company from its offices within the United States of America, and our policies and procedures are based primarily on United States law. If you are not a United States resident and accessing our Content or Services from outside the United States, the following provisions apply: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data (as that term is defined in our PRIVACY POLICY), to and in the United States and/or other countries; (ii) you are not authorized to access or make use of the Services from a location embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals"; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject Comany or its affiliates to any registration requirement within such jurisdiction or location.

13. Additional Details

13.1 Additional Features. Certain features on the Services may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.

13.2 Third-Party Links & Ads. The Services may contain links to third-party websites. That doesn't mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.

13.3 Third Party Software. The Services may incorporate certain third party software ("Third Party Software"), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms of Use limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

13.4 No Waiver. If you do not comply with these Terms of Use, and we don't take enforcement action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking enforcement action in the future).

13.5 Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the state of Michigan without regard to its conflict of laws rules. For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and or your use of any of the Services resides in the courts located in Detroit, Michigan, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

13.6 Miscellaneous. If it turns out that a particular provision in these Terms of Use is not enforceable, that will not affect any other provision. Headers are for convenience and do not affect the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Company relating to the use of this Services and supersedes and replaces any prior agreement and communication between the parties.

13.7 Contact Us. If you have any feedback, questions or comments about the Services, please direct your communication to us by mail at support@ramp-assist.com.

Privacy Policy for the "ZF RAMP ASSIST" App

§ 1 Information on the collection of personal information / Responsible party

1) ZF Marine Propulsion Systems Miramar, LLC, a Delaware limited liability company with offices at 15351 SW 29th St., Suite 300, Miramar, Florida 33027, ("ZF," "we," or "us") provide the app ZF RAMP ASSIST for use, which you can download to your mobile device. In the following Privacy Policy, we inform you about the processing of personal information through the use of our app, ZF RAMP ASSIST ("App").

2) You can access this Privacy Policy at any time under the menu item "Privacy Policy" within the App.

§ 2 Processing of personal information through the use of the App

1) Downloading the App

    When you download the App, certain required information, such as in particular the time of download, is transferred to the App Store you have selected (Google Play Store or Apple App Store). This is a standard process carried out by the relevant App Store. We have no influence on this data processing and are not responsible for it.

2) Creation of a user account (registration) and login

    When you create a user account or log in ("User Account"), we use your access data (username or email address and password) to grant you access to and manage your User Account. We process and use the personal information you provide as part of the registration or login process (1) to verify your eligibility to manage the User Account; (2) to enforce the App's Terms of Use and any rights and obligations associated therewith; and (3) to contact you to send you technical or legal notices, updates, security notifications or other messages relating to, for example, the management of the User Account.

This information processing is justified by the fact that the processing is necessary for the performance of the contract between you and us for the use of the App, or we have a legitimate interest in ensuring the functionality and error-free operation of the App.

Use of the App
When using our App, we process the following personal information in order to (1) provide you with the service and the associated functions in a user-friendly and technically secure manner and (2) prevent and eliminate misuse and malfunctions:

• Your first and last name,
• Full Name
• Full address
• E-Mail
• Type of mobile phone
• Trailer data (bow-to-helm-distance, length & width, vehicle height)
• Boat data (boat type & engine type, boat length & beam)

The information processing is justified by the fact that it is necessary (1) for the performance of the contract existing between you and us regarding the use of the App and (2) because we have a legitimate interest in the functionality and error-free operation of the App.

In addition, you can provide the following personal information ("user interests and preferences") in order to be able to use the corresponding app functions in the best possible individual way:

    GPS-Position, optional permission for weather data with App-approval from user. When using the corresponding functions in the App, the following information are processed:

    The legal basis for the processing of these data categories is necessary to provide you with the functions of the App.

    If you give us your consent, we will only process the following personal information in accordance with the consent you have given:

If you allow other drivers to use your vehicle while the App is in use, you must inform them of the data processing described in this Privacy Policy.

Other third parties may collect personal information about your online activities over time and across different websites when you use the App.

Our App does not respond to Do Not Track signals.

4) Contacting us

If you contact us by e-mail or contact form, your e-mail address and, if you so indicate, your name and telephone number will be stored by us in order to process your inquiry. Personal information that we have stored in this context will be deleted when storage is no longer necessary or - in the case of statutory retention periods - processing is restricted.

§ 3 Deletion of data

As a matter of principle, we delete or anonymize personal information and sensitive personal information as soon as it is no longer required to achieve the original purpose for which it was collected or processed; unless we are legally obliged to retain the information, i.e., ZF Friedrichshafen AG is legally obliged to retain the information, or the further processing serves to assert, exercise, or defend legal claims.

We store the usage data including the IP addresses for the purpose of detecting and, if necessary, prosecuting misuse of the app. Unless necessary for detection or prosecution, the usage data is deleted after 7 days. The storage and use of the data is based on legal provisions that justify these processes by stating that (1) the processing is necessary for the performance of the App purchase and use contract or (2) ZF has a legitimate interest in ensuring the functionality and security of the ZF apps.

If you delete your User Account, we will delete your access data and any other information you may have provided that could identify you, e.g., information about your vehicle. The same applies if you do not delete your User Account but do not use the App for a period of 2 years. The movement and mobility data collected is then anonymized so that we can continue to use it in anonymized form for the purpose of product development. Please note that simply uninstalling the App does not delete any data.

§ 4 Sharing of data within the ZF Group

ZF is a German-based, globally active company that is part of the ZF Group, whose current subsidiaries are listed under this link ("ZF Group"). Unless otherwise described (e.g., for product development, if you have given your consent for this), we generally do not pass your personal information, which is processed when using the App, to other companies in the ZF Group. This does not apply to personal information that we collect when you contact us by e-mail, e.g., for a support request via https://ramp-assist.com/support. Such data may be stored in our central data processing system. Such data may be stored in our central customer database in Germany and passed on within the ZF Group for the purpose of managing your relationship with ZF and the ZF Group.

The transfer and use of data is based on legal provisions that justify these operations on the grounds that (1) the processing is necessary for the handling of your request or (2) ZF has a legitimate interest in the transfer of this data within the ZF Group for internal administrative purposes.

Due to the sharing of IT systems within the ZF Group, your personal information may also be processed outside the jurisdiction of your local jurisdiction. If we are required to transfer your personal information to another country in accordance with the data protection laws applicable in your country, we will take appropriate steps to ensure compliance with the relevant legal requirements.

Any transfer of your personal information to a third country will continue to be in accordance with all applicable data protection laws.

To the extent that a third country is not recognized by your local jurisdiction as providing an adequate level of protection, ZF will take appropriate steps to ensure an adequate level of protection for your data.

§ 5 Sharing of data outside the ZF Group

In order to provide certain applications and services, we share your personal information or sensitive personal information with certain external parties who provide services on our behalf. We may use third parties to provide or facilitate services on our behalf, such as newsletter service providers, IT providers, IT support and maintenance, analytics providers, communications service providers, web hosting providers, and other service providers who act as data processors and therefore process the data on our behalf and according to our instructions. These third parties are prohibited from using your personal information for their own commercial purposes, promotional purposes, or purposes other than those expressly instructed. These third parties are also subject to our express instructions and are required to maintain appropriate security measures to protect your personal information. Any disclosure of personal information is justified by the fact that we have carefully selected our third-party companies and external service providers, regularly reviewed them, and contractually obliged them to process all personal information exclusively in accordance with our instructions.

• The development and hosting of the App is carried out by The SilverLogic, LLC, 6413 Congress Ave, Suite 130, Boca Raton, FL 33487, which is bound by a contract to process the data according to our instructions and in accordance with our privacy policy.
• We use open datasets from NOAA (National Oceanic and Atmospheric Administration's Weathers)

We may also disclose personal information if required to do so by law because of an ongoing legal proceeding, a court order or legal process served on us, or if otherwise required by law, rule, or regulation.

We have not sold your personal information to any third parties in the past 12 months.

We have no actual knowledge that we have sold any personal information of consumers under 16 years of age.

§ 6 Data security

ZF has taken appropriate technical and organizational measures to ensure a level of security appropriate to the risk of data destruction, loss, alteration, unauthorized disclosure or access, and misuse. These measures include the encryption of data, the use of firewalls, physical access controls to our data centers, and the control of access authorization to information.

§ 7 Your rights

1) You may submit a request to ZF relating to one or more of the following rights:

• The right to request a disclosure of what personal information has been collected, free of charge, during the preceding 12 months. The request may include the following:
  • The categories of personal information and sensitive personal information that has been collected about you.
  • The categories of sources from which the personal information and sensitive personal information is collected.
  • The business or commercial purpose for collecting or selling personal information or sensitive personal information.
  • The categories of third parties with whom the business shares personal information or sensitive personal information.
  • The specific pieces of personal information or sensitive personal information a business has collected about you.
• The right to correct inaccurate personal information.
• The right to request deletion of your personal information collected or maintained by a business.
• The right to know what personal information is sold or shared and to whom.
• The right to opt-out of the sale or sharing of your personal information by a business.
• The right to limit use and disclosure of sensitive personal information.
• The right of no retaliation following opt out or exercise of your privacy rights and to not receive discriminatory treatment by a business for the exercise of your privacy rights.
• The right to designate an authorized agent to make a request on your behalf by having the authorized agent submit such request and provide appropriate documentation needed to substantiate the authorization and/or request.

2) To submit a request to ZF relating to one or more of the above rights: You can reach out to use by email support@ramp-assist.com or by use of our support portal https://ramp-assist.com/support . Please provide us at least your email address and details about your request.

§ 8 Contact

If you have any questions about the use, integrity and/or accuracy of your personal information or wish to exercise any of your rights set out in Section 7, you can contact us by email at datenschutz@zf.com .

Changes to the Privacy Policy will go into effect on the last updated date below.

Last updated: December 1, 2022