whirlpool smart appliance terms of service
For Our Customers in the United States and Canada
WHAT SHOULD I KNOW ABOUT MY APP/SERVICES ACCOUNT?
- Changes to this Agreement & Notices
- Privacy & Data Security
- App/Services Features & Functionality
- Account Creation & Management
WHAT RULES APPLY TO MY USE OF THE APPS/SERVICES?
- Acceptable Use Policy
- Service Limitations
- Compliance with Agreement
- Paid Services
WHAT ARE MY RIGHTS REGARDING INTELLECTUAL PROPERTY & THIRD-PARTY/USER GENERATED CONTENT?
- User Provided Content
- License; Whirlpool's Proprietary Rights
- Third Party Offerings
WHAT ADDITIONAL LEGAL TERMS APPLY & WHAT ARE MY RIGHTS AND REMEDIES?
- Term and Termination
- Disclaimer of Liabilities
- Limitation of Liability
- Information or Complaints
- Copyright Infringement Claims
- Class Action Waiver
- Governing Law
- Export Controls
WHAT ADDITIONAL TERMS APPLY FOR APPLE USERS?
- Apple-Specific Terms
Thank you for choosing Whirlpool. Please carefully read these Whirlpool Smart Appliance Terms of Service (the "Agreement"). Throughout this Agreement, Whirlpool Corporation, including Whirlpool Canada LP, is referred to as "Whirlpool" or "we", and the registered user(s) of the Whirlpool appliances is referred to individually and collectively as "you". This Agreement is between you and Whirlpool.
Whirlpool has developed select smart appliances that may be connected to a device to provide users with interactive features and functionality ("Smart Appliances"), together with mobile applications that are designed to be used with Smart Appliances ("Mobile Apps") and interact with Whirlpool's related cloud-based services ("Services"). Mobile Apps and Services are referred to collectively in this Agreement as the "App/Services".
This Agreement governs your use of and access to the App/Services. You may download and use the App/Services only for use with Smart Appliances owned by you or which you have been authorized to use in accordance with the terms and conditions of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION ("ARBITRATION AGREEMENT"). THE ARBITRATION AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY CHECKING THE BOX, CLICKING "I AGREE", OR ACCESSING OR USING THE APPS/SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APP/SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE APP/SERVICES.
This Agreement incorporates: (i) any additional terms and conditions posted by Whirlpool through the App/Services; (ii) terms and conditions (including warnings and warranty limitations) included in the Use and Care Guides applicable to particular Smart Appliances ("Use and Care Guides"); and (iii) the Whirlpool Smart Appliance Mobile Apps and Services Privacy Statement www.whirlpool.com/connect/privacy and www.jennair.com/connect/privacy (the "Smart Appliance Privacy Statement"), the Whirlpool Privacy Statement to our customers in the United States located at www.whirlpool.com/privacy and www.jennair.com/privacy and the Whirlpool Privacy Statement to our customers in Canada www.whirlpoolcorp.com/privacy-canada/ and www.whirlpoolcorp.com/privacy-canada-french/ (collectively the "Privacy Statements"). It is your responsibility to read these additional terms and policies carefully. The Use and Care Guides and Privacy Statements are available for viewing/download online.
YOU MAY NOT ACCESS OR USE THE APP/SERVICES UNLESS YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE UNDER THE AGE OF 18 (OR THE LEGAL AGE TO ENTER INTO THIS AGREEMENT IN YOUR JURISDICTION), IN ORDER TO ACCESS OR USE THE APP/SERVICES, YOU MUST HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT AND SUCH PARENT OR GUARDIAN MUST HAVE EXPRESSLY AGREED TO BE LIABLE FOR ANY USE OF THE APP/SERVICES OR SMART APPLIANCE BY YOU. YOU MAY NOT ACCESS OR USE THE APP/SERVICES OR ANY SMART APPLIANCE IF YOU ARE UNDER THE AGE OF 13, EVEN IF YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT.
WHAT SHOULD I KNOW ABOUT MY APP/SERVICES ACCOUNT?
- Changes to this Agreement & Notices. Smart Appliances will continue to evolve. As such, we may need to update or modify the terms of this Agreement. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the App/Services. When we make a material change to the terms and conditions of this Agreement, you will be notified of the revised terms when you first attempt to access the App/Services after such changes have become effective. You will not be able to access or use the App/Services until you review and click to accept the revised terms. The revised terms will not apply to any dispute between you and Whirlpool arising prior to the date on which you accepted those revised terms. You will not be notified of non-material changes to this Agreement except by an amendment to The "Last Updated" legend above, which indicates when this Agreement was last changed. Your continued use of the App/Services following any changes to this Agreement will constitute your acceptance of those changes. Notices to you regarding the subject matter of this Agreement (including notices of changes to this Agreement) may be made via posting to the App/Services or by e-mail (including in each case via links), or by regular mail.
- Privacy & Security. By using the App/Services, you consent to the collection, use, disclosure and sharing of data as set forth in the Privacy Statements. Data stored as part of the services offered through the App/Services, on the App/Services, or on a Smart Appliance, transmitted over the Whirlpool networks, or stored by Whirlpool, its brands or its service providers may be deleted, modified, or damaged, and Whirlpool is not responsible for any such deletions, modifications or damage. Whirlpool is committed to maintaining the security of the data you provide us and will take reasonable organizational, technical and administrative measures to protect your personal information. However, the App/Services and related services are provided through wireless networks and the Internet, and there is always some risk in transmitting information over the Internet. For this reason, Whirlpool cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of the App/Services or any Smart Appliance by you. You agree that you will not hold Whirlpool liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
- App/Services Features & Functionality.
- General. The App/Services may allow you to receive notifications regarding your Smart Appliance (such as door open notifications and cycle completion notifications) and remotely control and monitor your Smart Appliance, among other benefits. The features and functionality of the App/Services and Smart Appliances are described in greater detail in the Use and Care Guide applicable to each Smart Appliance.
- Updates to the App/Services and Smart Appliance. Over time, the software within the Smart Appliance that supports the features of the Smart Appliance, as well as features and functions that are enabled within the App/Services, will change as our business and technology evolve. New features and functions may be added, and others deleted or modified. You agree that Whirlpool may update, modify, or discontinue the App/Services (in whole or in part) or any features or functions within the App/Services or Smart Appliance, at any time, in Whirlpool's sole discretion. In order to provide you with a more seamless user experience, we may update or modify the App/Services or Smart Appliance remotely without notifying you in order to ensure the safe and proper operation of the App/Services (e.g., bug fixes), and you consent to such updates or changes by Whirlpool.
- Account Creation & Management.
- General. In order to use the App/Services, you must create an App/Services user account and activate the connected functionality of the Smart Appliance. By creating an App/Services account and entering your Smart Appliance's Smart Appliance ID in the App/Services, the Smart Appliance will automatically be registered with Whirlpool for product warranty purposes.
- Creation of User Accounts. To create an App/Services user account, complete the account set-up process through the App/Services. You agree to accurately furnish all contact and other information requested by Whirlpool and to notify Whirlpool immediately of any change in the information. You must choose a password for your account and maintain the confidentiality of your password. Whirlpool encourages you to use "strong" passwords (passwords that use a combination of upper and lower case letters and numbers with your account. We may reject, or require that you change, any user name, password or other information that you provide to us during the account set-up process. Your user name and password are for your personal use only. You are solely responsible for the activity that occurs on your account. You, and not Whirlpool, are responsible for any use or misuse of your account, user name, or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App/Services account. You may never use another user's account without permission, act in a way that interferes with another user's use of the App/Services or, except in connection with a Single-User Appliance (as defined below) solicit another user's password. Whirlpool will not be liable for any losses caused by any unauthorized use of your account.
- Connecting to Smart Appliances. To access and use the connected functionality of a Smart Appliance through the App/Services, you must add the Smart Appliance to your App/Services account by following the instructions in the applicable Use and Care Guide. Certain Smart Appliances may be connected only to a single App/Services account ("Single User Appliance"), while other Smart Appliances may be connected to multiple App/Services accounts ("Multi-User Appliance"). Once you connect a Single User Appliance to your App/Services account, your App/Services account will have administrative control over such Single User Appliance. The first App/Services account to connect to a Multi-User Appliance ("Administrative Account") will have administrative control over such Multi-User Appliance and may have the ability to subsequently authorize other App/Services accounts to connect to such Multi-User Appliance ("Secondary Account"). The Administrative Account may have access to features and functionality not available under the Secondary Account (e.g., administrative rights over the Secondary Account). The registered user of the Administrative Account is liable for all use of the Smart Appliance by any user of a Secondary Account as though such use of the Smart Appliance occurred under the Administrative Account.
- Internet and Mobile Usage. Smart Appliances use your Internet connection to provide you with the connected functionality of the Smart Appliance. As such, to use the App/Services you must have a working wireless Internet connection at the location of your Smart Appliance. Use of the App/Services and receipt of notifications via your mobile device requires use of your mobile data connection, so you must purchase an appropriate data plan from your mobile service carrier in order to receive such notifications or use such App/Services. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the App/Services. Please consult your Internet service provider's or mobile service carrier's pricing plan terms and policies to determine applicable data charges (including text messaging charges if applicable), allotments and limitations, restrictions such as permissible uses, and other terms and conditions of service. Whirlpool is not responsible for any overage or other charges or actions that your Internet service provider or mobile service carrier may take against you for using data or the network in violation of your Internet service provider's or mobile service carrier's terms and policies. To avoid data charges (including text messaging charges if applicable) relating to use of the App/Services, stop using and uninstall the App/Services from your mobile device and disable all notifications through your App/Services account. If you wish to avoid any additional data charges from your Internet service provider relating to use of the App/Services and/or Smart Appliances, stop using the App/Services and Smart Appliances and de-provision your Smart Appliance from your wireless router in accordance with the instructions in the applicable Use and Care Guide.
- Deactivation or Deletion of Your Account. You may delete or deactivate your App/Services account at any time through the App/Services. However, if you choose to keep your Smart Appliance connected to your Wi-Fi router after you deactivate your account, your Smart Appliance will continue to transmit data to Whirlpool unless you disconnect your Smart Appliance from your Wi-Fi router. While deactivating your App/Services account will stop you from receiving further Smart Appliance notifications, it will not automatically opt you out of receiving other communications from Whirlpool and its brands (as per the Smart Appliance Privacy Statement). You may change your communications preferences to stop receiving certain communications from us as described in the Privacy Statements.
- Transfer of Smart Appliance. You may sell, loan or transfer your Smart Appliance to someone else. However, if you sell, loan or transfer your Smart Appliance to another person: (i) you agree to notify such person that the Smart Appliance is a Smart Appliance and is subject to the terms and conditions of this Agreement; and (ii) you must promptly remove such Smart Appliance from your App/Services account or delete your App/Services account. Upon such sale, loan or transfer of a Smart Appliance, you agree to not attempt to access or use such Smart Appliance or interfere with any access to or use of such Smart Appliance.
WHAT RULES APPLY TO MY USE OF THE APPS/SERVICES?
- Acceptable Use Policy.
You may use the App/Services and Smart Appliance only in compliance with the terms and conditions of this Agreement, and all local, state, national, and international laws, statutes, rules and, regulations applicable to your use of the App/Services and/or Smart Appliance ("Laws"). You may not use the App/Services or Smart Appliance in any manner that could harm Whirlpool, its service providers, its brands, or any person or property. In addition, in connection with your use of the App/Services and Smart Appliance, you must not:
- Use the App/Services or post, transmit or otherwise make available through or in connection with the App/Services any materials that are or may be: (i) threatening, violent, dangerous, hateful, harassing, degrading, intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent, or otherwise tortious; (iii) obscene, indecent, pornographic, or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; or (v) is otherwise unlawful.
- Post, transmit or otherwise make available through or in connection with the App/Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Collect or attempt to collect information about users of the App/Services.
- Interfere with or disrupt the operation of the App/Services or the servers or networks used in connection with the Smart Appliances, including by hacking or defacing any portion of the App/Services or violating any requirement, procedure, or policy of such servers or networks.
- Restrict or inhibit any other person from using the App/Services, except to the extent you are the registered user of an Administrative Account.
- Impersonate any person, business, entity, or IP address (e.g., IP spoofing).
- Gain or attempt to gain unauthorized access to a Smart Appliance's firmware or software, including by reverse engineering firmware or installing firmware not approved by Whirlpool, except where such restriction is expressly prohibited by applicable law.
- Frame or mirror any portion of the App/Services, or otherwise incorporate any portion of the App/Services into any product or service, without Whirlpool's express prior written consent.
- Systematically download and store App/Services content, or alter, damage, or delete any content provided by Whirlpool.
- Use any robot, spider, App/Services search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather App/Services content, or reproduce or circumvent the navigational structure or presentation of the App/Services, without Whirlpool's express prior written consent.
- Service Limitations.
- General. Because your Smart Appliance communicates with Whirlpool by transmitting information wirelessly and over the Internet, the availability of the App/Services and connected functionality of the Smart Appliance are subject to certain limitations. You agree that the App/Services are subject to limitations and restrictions outside Whirlpool's control, which include such things as wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, mobile device and operating system limitations, and other factors associated with the use of the Internet or with satellites and satellite data. You may only use the App/Services in the United States and Canada. The App/Services are controlled or operated (or both) from the United States and are not intended to subject Whirlpool to any non-U.S. or non-Canadian jurisdiction or law. The App/Services may not be appropriate or available for use in some non-U.S. and non-Canadian jurisdictions. We may limit the App/Service's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Responsible Usage. You must use the App/Services and the Smart Appliance responsibly. You are solely responsible for using the App/Services and Smart Appliance in accordance with this Agreement and the applicable Use and Care Guide. You acknowledge that the Smart Appliances and the App/Services are designed for personal, family and household use and not commercial use. Without limiting the notices, warnings and additional exclusions set forth in the Use and Care Guides for the Smart Appliances, neither Whirlpool, its affiliates nor any of their respective shareholders, directors, officers, employees, agents, representatives or contractors, licensors, suppliers or any other party involved in creating, producing, or delivering the App/Services and connected functionality of the Smart Appliance shall be held liable for the accuracy, completeness or timeliness of the materials or content provided as part of the Smart Appliance or the App/Services; the results obtained through any connected functionality of the Smart Appliance or the App/Services; or any improper, incorrect or commercial use of the App/Services or Smart Appliance. The Smart Appliance error code notifications are not intended to replace regular, recommended maintenance of your Smart Appliance as indicated in the applicable Use and Care Guide. The App/Services are provided to you as a convenience and are not a substitute for safe, responsible use of your Smart Appliance. You should not rely on the App/Services (including any error notifications) as a means to prevent accidents, damage, fire, or other hazards. IT IS YOUR RESPONSIBILITY TO OPERATE YOUR SMART APPLIANCE SAFELY AND TO MAINTAIN YOUR SMART APPLIANCE IN GOOD WORKING ORDER AND IN COMPLIANCE WITH THE APPLICABLE USE AND CARE GUIDE. FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR SMART APPLIANCE, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.
- Compliance with the Agreement. You are solely responsible for your use of the App/Services and compliance with this Agreement, as well as for the use and compliance by all users of your Smart Appliance and users of your App/Services account, whether or not authorized by you. You agree to make all other users of your App/Services accounts and Smart Appliances aware that their use is subject to this Agreement.
- Products. The App/Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products, and are provided for informational purpose only. Such Products may be made available by Whirlpool or by third parties. Whirlpool does not warrant that such listings, descriptions or images are accurate, complete, reliable, current, or error-free. It is your responsibility to ascertain and obey all applicable Laws regarding the possession, use and sale of any Product.
- Paid Services. The App/Services are provided free of charge (excluding the purchase price of the Smart Appliances). However, Whirlpool may allow you to purchase products or services within the App/Services or to participate in programs or utilize particular features or services for which a charge may apply. Whirlpool will make any applicable pricing and payment terms available to you prior to implementing any paid services or offering any products for purchase through the App/Services.
WHAT ARE MY RIGHTS REGARDING INTELLECTUAL PROPERTY & THIRD-PARTY/USER GENERATED CONTENT?
- User Provided Content. The App/Services may contain features that allow you and other users to make available certain content and materials, including, without limitation, text and images such as recipes ("User Content") through or in connection with the App/Services, including through any interactive features of the App/Services. We may (but have no obligation to) monitor, evaluate, alter or remove User Content before or after it appears on the App/Services. We may disclose any User Content and the circumstances surrounding its transmission to anyone for any reason or purpose. Whirlpool has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of any User Content. For purposes of clarity, you retain ownership of your User Content. For all User Content provided by you, you hereby grant to us and our affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such User Content, in any format or media now known or developed in the future, and for any purpose related to our business or the business of our affiliates (including promotional purposes, such as testimonials, and publishing User Content as such User Content may be modified and compiled by or for us). You represent and warrant that you have all rights necessary to grant the licenses granted by you in this section, and that your User Content and your provision of User Content through or in connection with the App/Services, is complete and accurate, and does not violate any applicable Law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable Law under any legal theory. IF YOU CHOOSE TO MAKE ANY OF YOUR USER CONTENT (INCLUDING ANY PERSONAL INFORMATION) OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE APP/SERVICES, YOU DO SO AT YOUR OWN RISK.
- Feedback. We always appreciate getting feedback on our products and services. If you provide us with any ideas, proposals, suggestions or other materials relating to the App/Services, any Smart Appliance, or Whirlpool's other products or services ("Feedback"), Whirlpool may use such Feedback in any manner for any purpose without restriction or compensation, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and unsolicited, and does not place Whirlpool under any fiduciary or other obligation. By submitting Feedback, you represent and warrant to Whirlpool that you have all necessary rights in and to such Feedback, to provide such Feedback to Whirlpool and all information it contains, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information or material.
- License; Whirlpool's Proprietary Rights.
- Limited License. Subject to your compliance with Sections 4.6 (Transfer of Smart Appliance), this Section 12.1 (Limited License), and Section 12.2 (Additional License Restrictions; Retention of Rights), and solely for so long as this Agreement remains in effect, we grant you, a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to install and use the Mobile Apps on a smartphone, tablet, or other device that you own or control solely in conjunction with the use of your Smart Appliance for personal, family and household use.
- Additional License Restrictions; Retention of Rights. The App/Services are licensed (not sold). Whirlpool and its licensors retain all right, title, and interest in and to the App/Services; all content and other subject matter contained in or made available through the App/Services; and all related intellectual property rights. Except for the limited rights granted to you in Section 12.1 above, you obtain no rights in or to the App/Services under this Agreement or any content or other subject matter made available through the App/Services. You may not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the App/Services, except as expressly authorized herein. You may not reverse engineer, decompile or disassemble any portion of the App/Services, provided that to the extent the foregoing prohibitions are expressly prohibited by applicable statutory law, Whirlpool shall retain the maximum protection available against reverse engineering, decompiling, or disassembly under applicable law. You also may not remove any patent, copyright, trade name, trademark, service mark, logo or other proprietary rights notice from the App/Services.
- Marks. All trade names, trademarks, service marks and logos on the App/Services are the property of their respective owners. You are not granted any rights to use any trade names, trademarks, service marks or logos on or in the App/Services under this Agreement.
- Third Party Offerings. Through your use of certain features of the App/Services, you may be able to access or interact with materials, products or services made available by individuals or entities other than Whirlpool, including User Content ("Third Party Offerings"). These App/Services features may allow for the transmission of Third Party Offerings to you, including via links. By using these features of the App/Services, you are asking us to access, route and transmit to you the applicable Third Party Offerings and to transmit your information and data to such Third Party Offerings to enable you to use or obtain such Third Party Offerings. We neither control nor endorse, nor are we responsible for, any Third Party Offerings, including their accuracy, integrity, quality, legality, usefulness or safety. Whirlpool has no obligation to monitor Third Party Offerings, and may block or disable access to any Third Party Offerings (in whole or part) through the App/Services at any time. SINCE WHIRLPOOL IS NOT THE PROVIDER OF THE THIRD PARTY OFFERINGS, YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT AND THE PRIVACY STATEMENTS DO NOT APPLY TO YOUR USE OF ANY THIRD PARTY OFFERINGS. YOUR USE OF THIRD PARTY OFFERINGS (INCLUDING BY LINKING ANY THIRD PARTY OFFERINGS TO YOUR SMART APPLIANCE OR ANY APP/SERVICES) IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS).
WHAT ADDITIONAL LEGAL TERMS APPLY & WHAT ARE MY RIGHTS AND REMEDIES?
- Term and Termination. This Agreement is effective until terminated. Whirlpool may terminate or suspend your use of the App/Services and any or all of the connected features of the Smart Appliances enabled through or in conjunction with the App/Services at any time and without prior notice, if Whirlpool believes that you have breached any provision of this Agreement. Upon any such termination or suspension, all rights and licenses granted under this Agreement, including your right to use the App/Services will immediately cease, and Whirlpool may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2, 4.5, 4.6, 5, 6.2, 8, 10, 11, 12.2, 12.3, and 13 through 26 (inclusive) shall survive expiration or any termination of this Agreement.
- DISCLAIMER OF WARRANTIES. WE ARE NOT PROVIDING ANY WARRANTIES RELATING TO THE APP/SERVICES, PRODUCTS OR THIRD PARTY OFFERINGS. THE APP/SERVICES, ANY AND ALL PRODUCTS AND THIRD PARTY OFFERINGS, AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE APP/SERVICES, PRODUCTS AND THIRD PARTY OFFERINGS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WHIRLPOOL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP/SERVICES AND ANY PRODUCTS AND THIRD PARTY OFFERINGS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, IS MADE REGARDING ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED IN THE APP/SERVICES OR THE RESULTS THAT YOU MAY OBTAIN THROUGH THE APP/SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF WHIRLPOOL, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AS WELL AS EACH AFFILIATED ENTITY'S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee that the App/Services are or will remain updated, complete, correct or secure, or that access to the App/Services will be uninterrupted. The App/Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Whirlpool makes no warranties or representations as to the accuracy, completeness, or timeliness of the materials or content provided as part of the App/Services. Additionally, third parties may make unauthorized modifications to the App/Services. If you become aware of any such modifications, contact us at firstname.lastname@example.org with a description of such modification and its location on the App/Services.
- LIMITATION OF LIABILITY. WHIRLPOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP/SERVICES OR FOR ANY DAMAGES FOR LOST PROFITS, LOSS OF USE OF THE APP/SERVICES, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, LOSS OF OTHER INTANGIBLES, OR UNAUTHORIZED ACCESS TO OR USE OF THE APP/SERVICES, YOUR DATA OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF WHIRLPOOL IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WHIRLPOOL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP/SERVICES OR FROM ANY PRODUCTS OR THIRD PARTY OFFERINGS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP/SERVICES OR ANY PRODUCTS OR THIRD PARTY OFFERINGS IS TO STOP USING THE APP/SERVICES, PRODUCTS OR THIRD PARTY OFFERINGS. THE MAXIMUM AGGREGATE LIABILITY OF WHIRLPOOL ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP/SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO WHIRLPOOL TO USE THE APP/SERVICES, OR $100.00, WHICHEVER IS GREATER. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF THE AFFILIATED ENTITIES (AS DEFINED IN SECTION 15), AS WELL AS EACH AFFILIATED ENTITY'S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Whirlpool and the Affiliated Entities (as defined in Section 15) and each Affiliated Entity's licensors, suppliers and service providers from and against all claims, damages, losses, costs and expenses (including attorneys' fees) arising out of (i) your use of, or activities in connection with, the App/Services (including all User Content); and (ii) any violation or alleged violation of this Agreement by you.
- Information or Complaints. For our U.S. Customers, if you have a question or complaint regarding the App/Services, please contact us by writing to Whirlpool Customer Service, 553 Benson Road, Benton Harbor, MI 49022 or by calling us at 1-866-698-2538. For our customers in Canada, if you have a question or complaint regarding the App/Services, please contact us by writing to Customer Experience Centre, Whirlpool Canada LP, 200-6750 Century Ave., Mississauga ON L5N 0B7 or by calling us at 1-800-807-6777. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the App/Services infringe your copyright, you (or your agent) may send to Whirlpool a written notice by mail or e-mail, requesting that Whirlpool remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Whirlpool a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Whirlpool Corporation's DMCA agent as follows: By mail to Whirlpool Corporation DMCA Agent, 500 Renaissance Drive, Suite 101, St. Joseph, MI 49085; or by e-mail to email@example.com.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
As used in this Arbitration Agreement, "You" and "Your" mean the registered user(s) of the App/Services appliances, and all of his/her heirs, survivors, representatives, subsidiaries , affiliates, agents, employees, predecessors in interests, successors, assigns, as well as all authorized and unauthorized users or beneficiaries of services under this or prior agreements between us. "We" and "Our" shall mean Whirlpool and shall be deemed to include all of its heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, directors, officers, predecessors in interests, successors, assigns.
- This Arbitration Agreement is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever whether in contract, tort or otherwise, including but not limited to statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with the App/Services or this Agreement including any claims relating to the validity, scope, interpretation, breach or enforceability of this Agreement and claims that may arise after the termination of this Agreement (all of which are collectively referred to herein as "Claims").
- Except where prohibited by law, You and We agree that any and all Claims are to be arbitrated by a single arbitrator except that either party may bring an individual action in small claims court in the jurisdiction in which You reside for Claims that fall within that court's jurisdiction. NOT APPLICABLE TO RESIDENTS OF QUEBEC.
- An arbitration commenced pursuant to this Agreement shall be administered and governed by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules"). To the extent there is any inconsistency between the terms of this Arbitration Agreement and the AAA Rules the provisions of this Agreement shall apply. The AAA Rules, forms and information are available online at www.adr.org, or can be obtained by calling the AAA at 1-800-778-7879. Unless We and You agree otherwise, any arbitration hearing(s) will take place in the province or jurisdiction in which you reside or, in the case of residents of Quebec, the seat of arbitration will be Ontario.
- In the event that any provision of this Arbitration Agreement is found to be invalid or unenforceable in a particular case or jurisdiction, that provision will be severable in that case or jurisdiction, as the case may be, without affecting the validity and enforceability of the remaining provisions of the Agreement, and shall not affect the validity and enforceability of the Agreement in other cases and jurisdictions.
- In the event that You intend to commence an arbitration or a court proceeding, You must first notify Whirlpool by contacting Our Customer Experience Center at 1-866-698-2538 (U.S.) or 1-800-807-6777 (Canada) ("Notice") and attempt to resolve Your Claim. If We and You do not reach an agreement to resolve Your Claim within 30 days after Notice has been provided, You or We may commence an arbitration or a court proceeding in accordance with this Agreement.
- We agree to pay Your filing, administration, service, case management, arbitrator and reasonable hearing fees. You may be ordered to reimburse Us in whole or in part for any of the amount that We pay if the arbitrator or the court, as the case may be, finds that any of your Claims are frivolous.
- Class Action Waiver. EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator. Further, unless both You and We agree in writing, the arbitrator may not consolidate Your claim with another person's claim, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF QUEBEC
- Governing Law. For our U.S. customers, this Agreement is and shall be governed by and construed under the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. For our Canadian customers, this Agreement is and shall be governed by the laws of the Province in which the customer resides and the laws of Canada that apply in that Province.
- Export Controls. You are responsible for complying with United States, Canada and foreign export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (ii) on any of the U.S. government lists of restricted end users.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Whirlpool. If any provision of this Agreement or portion of a provision is held to be unlawful, void or for any reason unenforceable, that provision (or portion of the provision), to the extent required, will be severed from this Agreement but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement and all other terms and conditions referenced herein constitutes the entire agreement between you and Whirlpool relating to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Whirlpool relating to such subject matter. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Whirlpool will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
- Promotions. Any sweepstakes, contests or similar promotions (collectively, "Promotions") made available through the App/Services may be governed by rules that are separate from this Agreement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
WHAT ADDITIONAL TERMS APPLY FOR APPLE USERS?
- Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App/Services compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the App/Services. Apple is not providing any warranty for the App/Services except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App/Services and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App/Services, including any third-party product liability claims, claims that the App/Services fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App/Services, including those pertaining to intellectual property rights, must be directed to Whirlpool in accordance with the "Information or Complaints" section above. In the event of any third party claim that the App/Services or the end-user's possession and use of the App/Services infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim. The license you have been granted herein is limited to a non-transferable license to use the App/Services on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App/Services, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Whirlpool's right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.