Last updated: October 5, 2018
Table of Contents
- Table of Contents
- Copyrights, Trademarks, and Patents
- User Content
- Social Media
- Permitted Uses
- Notification of Copyright Infringement (The U.S. Digital Millennium Copyright Act)
- Third-Party Services
- Website and Content Subject to Change
- Product Availability and Pricing
- Limitations on Purchases
- Export Control
- Warranty Disclaimer & Limitation of Liability
- Class Action Waiver
- Geographic Scope
- Our Communications To You
- Governing Law
- Additional Terms May Apply
THIS AGREEMENT CONTAINS BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE PLATFORM.
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 associated mobile applications and cloud-based services. All use of Whirlpool’s Smart Appliances and associated applications and services are separately subject to Whirlpool’s Smart Appliance Terms of Service. In the event of a conflict, Whirlpool’s Smart Appliance Terms of Service control over these Terms.
Copyrights, Trademarks, and Patents
All content on the Platform (including but not limited to graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws in the United States and around the world. We grant you permission to use the Platform and its contents for your own personal use. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Platform for commercial purposes, whether on behalf of yourself or a third party.
All trademarks, service marks, and trade names are trademarks or registered trademarks of Whirlpool Properties, Inc., Whirlpool Corp., or other owners that have granted Whirlpool Corp. license to use such Marks.
The Platform may enable you and others to submit reviews, ratings, comments, photos, videos, or other content (“User Content”). You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content. You will only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide on the Platform; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content from our Platform for any reason.
You will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any Whirlpool product or service; or promotes commercial activities and/or sales without our prior written consent.
Other than your personal information (e.g., your name, address, and email address), you grant us and our authorized third-party affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any username or social media handle you used when submitting the User Content. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content. You acknowledge that all your User Content may be used and shared by us with third parties.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM, YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.
You may be required to register for an account to access certain Platform services or content. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are also responsible for keeping your account information, including your email address, up to date. You agree to accept responsibility for all activities that occur under your account. We reserve the right, in our sole discretion, to terminate or suspend your account for any reason.
You may use the Platform or your Account only in compliance with these Terms and all applicable laws. You may not use the Platform in any manner that could harm Whirlpool, its affiliates, its brands, or any person or property. In addition, you must not:
- violate or attempt to violate the security of the Platform;
- access Platform data that is not intended for the public;
- log on to a server or account which you are not authorized to access;
- probe or test the vulnerability of the Platform, our servers, or our network;
- attempt to interfere with network service, including through viruses, overloading, or crashing of network equipment;
- take any action that imposes, or may impose, an unreasonably large load on our servers;
- forge any data or communications;
- impersonate any third party, Whirlpool, or a Whirlpool employee, or send unauthorized communications on our behalf;
- reverse engineer, decompile or disassemble any software or portion of the Platform or use automated systems to scrape, harvest, copy or monitor any Platform content; or
- attempt to bypass or circumvent any technology or measures we use (or that is used on our behalf) to protect, prevent or restrict access to the Platform.
Notification of Copyright Infringement (The U.S. Digital Millennium Copyright Act)
If you are a copyright owner and believe that any content on the Platform infringes your copyrights, you may file a copyright infringement notification with us by mail to Whirlpool Corporation DMCA Agent, 500 Renaissance Drive, Suite 101, St. Joseph, MI 49085 or email to email@example.com. In your correspondence:
- Identify the copyrighted work that you claimed has been infringed. Describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If applicable, provide a copy of the copyright registration certificate.
- Identify the material that you believe is infringing. Be specific and clear, and provide the material’s URL location. It is best to include screenshots.
- Include your contact information, including your address, telephone number, and e-mail.
- Include the alleged infringer’s contact information, if available.
- Include and ensure that the following is true: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
- Include and ensure that the following is true: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document (or have a person authorized to act on your behalf sign the document).
Upon receipt of your notification, we may investigate and remove the applicable material at our sole discretion.
Website and Content Subject to Change
While we try to maintain an error-free Platform, we do not guarantee that the Platform content is complete, current, or error-free (including content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience. We try to display product colors as accurately as possible, but colors may appear differently on your screen.
Product Availability and Pricing
We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service, and sometimes an item shown on the Platform may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time.
In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. “MSRP” prices are the Manufacturer’s Suggested Retail Price, which may differ from the other online or retailer prices in your area. In some cases, intermediate markdowns may have been taken.
If you wish to purchase products or services described on the Platform, you will be asked to supply certain information applicable to your purchase, including credit card and shipping information. You may be able to store your information with your Account, which allows you to make future purchases without re-entering information. You agree to pay all charges incurred by you and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.
We are required by law to collect all applicable sales taxes for all states and municipalities. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment.
We accept all major credit cards: VISA, MasterCard, American Express and Discover. For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed in processing. We reserve the right to cancel any order that does not adhere to these criteria. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.
All billing and registration information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested. Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
Limitations on Purchases
We are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right to: (1) limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases on the Platform by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction.
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 rules and regulations restricting exports. You represent that you are not: (1) located in, or a resident or a national of, any country subject to a government embargo or other restriction, or that has been designated by any government as a “terrorist supporting” country; or (2) on any government list of restricted end users.
Warranty Disclaimer & Limitation of Liability
THE PLATFORM — INCLUDING ALL OF ITS CONTENTS, INFORMATION, AND THE MANNER BY WHICH IT OPERATES — IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, CONTENT, AND ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED ON THE PLATFORM OR THE AVAILABILITY OF ANY PRODUCT OR RESULTS THAT YOU MAY OBTAIN THROUGH THE PLATFORM.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF WHIRLPOOL, ITS HEIRS, SURVIVORS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
WHIRLPOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT, OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM 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 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 PLATFORM OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE ALSO MADE ON BEHALF OF THE AFFILIATED ENTITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Whirlpool and the Affiliated Entities against all claims, damages, losses, and expenses (including attorneys' fees) arising out of: (1) your use of, or activities in connection with, the Platform (including all User Content); and (2) any violation or alleged violation of this Agreement by you.
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
As used in this Arbitration provision and the subsequent Class Action Waiver provision, "You" and "Your" includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns.
This Arbitration Agreement is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever that You may raise against Whirlpool and/or its Affiliated Entities, 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 Platform, all content on the Platform, products sold or advertised on this Platform (including but not limited to the use, design, testing, manufacture, marketing, advertising, or labeling of any product advertised or purchased on this Platform), and these Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Terms) (all of which are collectively referred to herein as "Claims").
You agree that you will assert any Claim against Whirlpool and/or the Affiliated Entities by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the extent there is any inconsistency between the terms of this Arbitration provision and the AAA Rules the provisions of this provision 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 Whirlpool 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 provision or the Class Action Waiver provision 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 You and Whirlpool and/or the Affiliated Entities do not reach an agreement to resolve Your Claim within 30 days after Notice has been provided, either party may commence an arbitration 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 were filed for purposes of harassment or are frivolous.
Class Action Waiver
READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS.
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 against Whirlpool and/or the Affiliated Entities. 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 NOT APPLICABLE TO RESIDENTS OF QUEBEC.
The Platform is intended for use within the United States of America and Canada. Claims about our products or services are limited to the United States and Canada, unless otherwise disclosed. The Platform is intended to promote solely products that are sold in the United States and Canada. We do not represent or warrant that the Platform is appropriate or available for use outside the United States and Canada.
Our Communications To You
We may communicate with you electronically, including by posting notices on the Platform or by responding to your e-mails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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 of Ontario and the federal laws of Canada applicable therein, without regard to its principles of conflicts of law, and regardless of your location.
If any provision of this Agreement is held unenforceable, that provision shall be considered amended in a manner that eliminates the unenforceability, and all other provisions shall remain effective as originally written.
Additional Terms May Apply
Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.
From time to time, we may change these Terms. We reserve the right to make these changes without notice, though we will update the "Last Updated" line at the beginning of these Terms after each revision. You are responsible for regularly reviewing these Terms, and your continued use of the Platform following any changes indicates your acceptance of those changes.