JAYCO CONNECTED VEHICLE PILOT STUDY PARTICIPATION
TERMS AND CONDITIONS
These Jayco Connected Vehicle Pilot Study Participation Terms and Conditions (”Terms”) constitute an agreement between you, as applicant or participant in the Pilot Study (defined below) and THOR Industries, Inc. and its wholly-owned affiliate Jayco, Inc. (“COMPANY”).
COMPANY is accepting applications to participate in a pilot study which COMPANY intends to conduct from September 2023 through August 2024 intended to study consumer response to location-based services providing information about recreational vehicle support and onboarding content, points of interest and other destinations (“Pilot Study”).
COMPANY will select a select number of owners of JAYCO® JAY FLIGHT® recreational vehicles (each, an “RV”) to participate in the study.
Pilot Study participants will have the opportunity to experience this potential service before the general public and will have an opportunity to provide feedback to COMPANY to consider as it develops this and other future products and services.
BY SUBMITTING AN APPLICATION TO BE CONSIDERED FOR PARTICIPATION IN THE PILOT STUDY AND/OR BY PARTICIPATING IN THE PILOT STUDY IN ANY MANNER, YOU REPRESENT AND CERTIFY THAT YOU: ARE AT LEAST 18 YEARS OF AGE; (B) OWN A JAYCO® JAY FLIGHT® RECREATIONAL VEHICLE (“RV”) AND HAVE THE RIGHTS NECESSARY TO PARTIPATE IN THIS STUDY; AND (C) THAT YOU HAVE READ AND FULLY UNDERSTAND THESE TERMS AND THAT YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, ESTATE, INSURER, SUCCESSORS, AND ASSIGNS AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT SUBMIT AND APPLICATION AND DO NOT PARTICIPATE IN THE STUDY.
Application. Your application to be considered for participation in the Pilot Study must include: your legal name; email address; mobile phone number; make, model, and year of your RV; and any other information the application form requires. Applications received after September 30, 2023 may not be considered. COMPANY, in its sole discretion, shall select a limited number of applicants for participation in the study. Submitting an application does not guarantee participation in the Study.
Participation in Pilot Study. If selected, you agree, represent and warrant that: (a) that you shall participate in the Pilot Study in good faith and shall faithfully comply with reasonable directions and guidelines as COMPANY may provide; and (b) you will not provide false or misleading information.
During the Pilot Study, COMPANY, at its cost, may provide to you a GPS unit with an internal battery and cellular modem to be installed in and connected to your RV for the duration of the Pilot Study and a 12-Volt DC “cigarette lighter” adapter to power the GPS device (collectively, the GPS unit and adapter are the “Device”). You shall: (a) connect the Device to your RV as directed by COMPANY; (b) shall ensure the Device remains powered within your RV at all times for the duration of the Pilot Study; (c) travel in your RV for a cumulative of at least eight (8) days during the Pilot Study; and (d) participate in the Pilot Study in good faith and shall faithfully comply with reasonable directions and guidelines as COMPANY may provide.
You represent and warrant that, during the Pilot Study, you shall provide notice of the data collected by the Device to any other individuals who operate, ride in, or otherwise use the RV.
You further acknowledge and agree the Device is not intended to be used beyond completion of the Pilot Study but may continue to attempt to transmit data for as long as it receives power from an external source or its battery. Upon the end of your participation in the Pilot Study, COMPANY will attempt to remotely deactivate the SIM card associated with Device to prevent transmission of the data via the cellular connection provided by COMPANY.
Feedback. During and following the Pilot Study, you agree to provide your personal honest, candid, and unbiased comments, opinions, impressions, and assessments of your experiences with the Pilot Study and the connected services and any related ideas (“Feedback”) to COMPANY. You shall provide the Feedback at the frequency and in the form (which may include, in COMPANY’s discretion, written statements, survey responses, telephonic discussions, and/or personal or group meetings) determined by COMPANY. You warrant that your Feedback is not subject to any confidentiality, nondisclosure or use restriction that might prevent COMPANY from using your Feedback. COMPANY shall have the sole and exclusive right throughout the world and in perpetuity to use and exploit the Feedback, in any format or version, by any means and in any media, without notice or acknowledgment to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating modifying or improving products and services. You hereby irrevocably grant, assign, and transfer to COMPANY all of your rights, title and interests you may have in and to the Feedback and in and to any inventions that relate to your participation in the Pilot Study.
Recordings; Likeness Release. COMPANY and others may photograph and make audio and/or video recordings of Feedback you may provide in connection with the Pilot Study (“Recordings”). You, on behalf of yourself, your heirs, estate, insurers, successors, and assigns hereby irrevocably grant to COMPANY and its affiliates and each of their respective officers, directors, employees, agents, representatives, successors and assigns the right in perpetuity and throughout the world, with no further compensation to you, to use your photograph, video, or film portrayal, audio recording, image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other personal characteristic or physical or vocal likeness, or any materials based on or derived from such Recordings, for product development, for research purposes, and for other commercial purposes. You shall have no right of approval and you WAIVE ANY CLAIM (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON INVASION OF PRIVACY, DEFAMATION, AND RIGHT OF PUBLICITY) ARISING OUT OF ANY USE, BLURRING, ALTERATION, DISTORTION, ILLUSIONARY EFFECT, OR ANY USE IN COMPOSITE FOR OF YOUR NAME, PICTURE, LIKENESS, VOICE, OR BIOGRAPHICAL INFORMATION.
Withdrawal. You may withdraw from the Pilot Study at any time, but you cannot terminate, cancel, or revoke your acceptance of these Terms for any reason.
Consideration. Following the completion of your participation in the Pilot Study, and provided you have fulfilled your obligations hereunder, COMPANY shall provide to you access to limited-time discounts on products sold by third-party suppliers. No purchase necessary. You agree to participate in the study in consideration for the opportunity to experience an experimental service and for the opportunity to provide feedback to COMPANY to consider in the development of the subject of the Pilot Study and other future products and services. You acknowledge and agree that you shall not be entitled to any other compensation or reimbursement in relation to the Pilot Study except as may otherwise be specified in these Terms. You acknowledge that if you have participated in a prior Pilot Study with COMPANY you may not be eligible for compensation under this Section 6.
Use and Possession of COMPANY Materials. All Devices and related materials and things which COMPANY may provide to you (or which COMPANY may permit you to access) in connection with the Pilot Study (collectively, “COMPANY Materials”) are and remain the property of COMPANY. Subject to these Terms, COMPANY grants you a non-exclusive, non-transferable license to temporarily possess, access, and/or use each such COMPANY Materials solely the purpose of participating in the Pilot Study. Except for the rights expressly granted herein, nothing shall be construed as granting you any rights to any COMPANY Materials or Confidential Information disclosed to you in connection with the Pilot Studies. Upon COMPANY’s request, you agree to package and return to COMPANY the Device and any other COMPANY Materials in your possession (provided that COMPANY shall provide packaging and shall bear the cost of shipping) or, if COMPANY directs, you shall recycle or otherwise dispose of the Device in a manner consist with local law, regulation, and/or ordinance and shall destroy any other COMPANY Materials in your possession.
Confidential Information and Nondisclosure. As used herein, “Confidential Information” means any confidential, secret, proprietary, and/or otherwise nonpublic documents, materials, data, and information of and relating to: COMPANY, its affiliates and business partners; the Pilot Study (including any products, services, software, and information relating to the Pilot Study); your Feedback; and other information relating to the business of COMPANY which COMPANY provides to you in confidence. You shall keep Confidential Information in confidence. You shall not: (a) reproduce, use, publish, post, disseminate, or otherwise disclose to any individual or entity any Confidential Information except (i) as authorized in writing by COMPANY or (ii) as required by subpoena or court order, provided that, prior written notice of such required disclosure is provided to Company and, provided further that all reasonable efforts to preserve the confidentiality of such information shall be made; (b) make, have made, use or sell for any purpose any product or other item using, incorporating, or derived from any Confidential Information; (c) modify, reverse engineer, decompile, create other works from, or disassemble any COMPANY Materials (including any devices, components, software, or services) or other Confidential Information; or (d) loan, sell, give the products to anyone or otherwise allow anyone else to access or use any COMPANY Materials provided to you in connection with the Pilot Study.
Participant Representations and Warranties. You represent, warrant, and covenant that, (a) you shall, if selected to participate, comply with all applicable laws and regulations; (b) you do not have, and will not have any Material Relationship with any Competitor; and (c) you shall immediately disclose to COMPANY any Material Relationship with a Competitor which may arise (or which you discover) during your participation in the Pilot Study.
For the purposes of this Section, “Competitor” means any person or organization that designs, develops, manufactures, distributes, markets, licenses or sells recreational vehicles and/or recreational vehicle-related components, software, applications, and/or services. “Material Relationship” means any employment, contractual, or familial relationship with any Competitor and/or any other relationship with a Competitor which reasonable person would likely perceive as a conflict of interest in relation to your obligations under these Terms.
No Obligation. Notwithstanding anything to the contrary, you acknowledge and agree COMPANY: (a) may terminate the Pilot Study or your participation in the Pilot Study at any time, for any reason, without further obligation to you; (b) is not obligated to provide any Device or COMPANY Materials to you; and (c) may consider, but is not obligated to use, Feedback or Recordings.
No COMPANY Warranty. THE SERVICES WHICH ARE THE SUBJECT OF THE PILOT STUDY ARE IN DEVELOPMENT AND MAY NOT FUNCTION AS INTENDED AND MAY CONTAIN ERRONEOUS INFORMATION. COMPANY IS PROVIDING ALL DEVICES, SERVICES, COMPANY MATERIALS, AND CONFIDENTIAL INFORMATION TO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, DATA SECURITY, COMPLETENESS, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE.
Release from Liability and Covenant Not to Sue. You will hold harmless, indemnify, and reimburse the COMPANY and its affiliates and each of their respective officers, directors, employees, agents, representatives, successors and assigns (“Released Parties”) from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including you or your insurers) in connection with any accident, injury (including death), loss, or damage sustained by you or others in connection with your participation in the Pilot Study. You will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses, or damages you may suffer in connection with your participation in the Pilot Study. If you am a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the debtor."
Assumption of Risk. BEFORE PARTICIPATING IN THE PILOT STUDY, YOU WILL INSPECT THE FACILITIES, DEVICES, AND EQUIPMENT TO BE USED FOR THE PILOT STUDY, AND IF YOU BELIEVE ANYTHING IS UNSAFE, YOU WILL IMMEDIATELY ADVISE A COMPANY OFFICIAL OF THE CONDITIONS AND REFUSE TO PARTICIPATE OR ATTEND UNTIL THE CONDITIONS ARE CORRECTED TO YOUR SATISFACTION. COMPANY HAS MADE NO REPRESENTATION TO YOU AS TO THE SUITABILITY, CONDITION, OR SAFETY OF THE FACILITIES, DEVICES, EQUIPMENT, SERVICES OR LOCATION INFORMATION RELATING TO THE PILOT STUDY ACTIVITIES. YOU UNDERSTAND THAT YOUR OWN ACTIONS, INACTIONS, OR NEGLIGENCE OR THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS OR THE CONDITION OF THE FACILITIES, DEVICES, PRODUCTS, EQUIPMENT, SERVICES, AND/OR LOCATIONS IDENTIFIED BY THE SERVICES MAY BE HAZARDOUS TO YOU OR YOUR PROPERTY. FURTHER, THERE MAY BE OTHER RISKS NOT KNOWN TO YOU OR REASONABLY FORESEEABLE AT THIS TIME. YOU UNDERSTAND AND YOU HAVE CONSIDERED AND EVALUATED THE NATURE, SCOPE AND EXTENT OF THE RISKS INVOLVED, AND YOU VOLUNTARILY AND FREELY CHOOSE TO ASSUME THESE RISKS.
Indemnification. YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND THE OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR PARTICIPATION HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR BREACH OF ANY PROVISION OF THESE TERMS. You shall use your best efforts to cooperate in the defense of any claim. You acknowledge that COMPANY reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification under these Terms.
No Insurance; Medical Expenses. You understand that neither COMPANY nor the other Released Parties shall provide you with any insurance (including but not limited to automobile, life, medical or liability) for any illness, accident, injury, loss, or damages that may arise in connection with your participation in or attendance at the Pilot Study. In the event you sustain or cause bodily injury or damage to property relating to your participation in the Pilot Study, you shall immediately suspend your participation and shall promptly notify COMPANY of the injury.
Relationship of the Parties. You acknowledge and agree that: (a) no employee/employer relationship is established by these Terms between you and COMPANY or any Released Party; (b) you shall not purport to act on behalf of or otherwise purport to represent COMPANY.
Additional Provisions. Your obligations under these Terms shall survive any termination of these Terms. These Terms shall be governed and construed by the laws of the State of Indiana. You agree breach of these Terms will cause COMPANY irreparable damage for which recovery of damages would be inadequate, and that COMPANY shall therefore be entitled to obtain timely injunctive relief under these Terms, as well as such further relief as may be granted by a court of competent jurisdiction. You will not assign or transfer any rights or obligations under these Terms without COMPANY’s prior written consent.
BY CLICKING “ACCEPT” YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND FULLY UNDERSTAND THESE TERMS AND THAT YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, ESTATE, INSURER, SUCCESSORS, AND ASSIGNS AGREE TO BE BOUND BY THESE TERMS.