For Our Customers in the United States, Canada, and Australia
Thank you for choosing Whirlpool. We offer mobile apps (“Apps”) with a variety of features that we hope you love. Our Apps can interact with select appliances having smart, Internet-enabled features (“Smart Appliances”). Our Smart Appliances and Apps interact with Whirlpool’s Internet-based servers (“Cloud”) to provide you with various services and capabilities. The Smart Appliances, Apps, Cloud, and the services and capabilities they deliver are, individually or collectively, referred to in these Terms as “Smart Features.”
These Terms are for our Smart Appliances purchased in the United States, Canada and Australia, and for our Apps distributed from the United States, Canadian, and Australian app stores. For products or apps in other countries, different terms may apply. Review these Terms carefully, because this is a contract and affects your legal rights. By using the Smart Features, you agree to and accept these Terms. If at any time you do not accept these Terms, delete your Smart Appliances from your App, delete your account from the App, and stop using the Smart Features.
Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contests, giveaways, or similar programs. If Additional Terms are inconsistent with these Terms, the Additional Terms control.
Some Smart Appliances require a subscription in order to use the Smart Features. To learn more about our subscriptions, please review our Connected Subscription terms.
THIS AGREEMENT CONTAINS BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRE YOU TO USE 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 SMART FEATURES AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SMART FEATURES.
YOU MAY NOT ACCESS OR USE THE SMART FEATURES UNLESS YOU ARE AT LEAST 18 YEARS OLD.
Privacy and Security
We value your trust. If we collect or use information about you, we will do so in a manner consistent with our applicable Privacy Notice (“Privacy Notice”), which is available through the App. Our US users can also find their Smart Appliance Privacy Notice on the web at whirlpool.com/connect, maytag.com/connect, jennair.com/connect, and kitchenaid.com/connect. Canadian users can visit whirlpool.ca/connect, maytag.ca/connect, jennair.ca/connect, and kitchenaid.ca/connect.
Whirlpool is committed to the security of the data you provide us and takes reasonable organizational, technical, and administrative measures to protect your personal information. However, there is always some risk of privacy or security breaches when sending data over the Internet. You agree that you will not hold us liable for any damages resulting from privacy or security breaches due to your use of the Smart Features.
Features & Functionality
By keeping your Smart Appliance connected, you agree to allow Whirlpool to support and operate the Smart Features. For more explanation of your appliance’s Smart Features, refer to your Smart Appliance Use & Care or Quick Reference Guide, or your product brand’s Smart Appliance homepage (for US users, see whirlpool.com/connect, maytag.com/connect, jennair.com/connect, or kitchenaid.com/connect; for Canadian users, see whirlpool.ca/connect, maytag.ca/connect, jennair.ca/connect, or kitchenaid.ca/connect), which further explain your appliance’s Smart Features. Depending on which Smart Appliance model you have, Smart Features that may be available to you include:
Remote notifications about your appliances (for example, door open, cycle complete, cooking timer, and others);
Remote control, allowing you to control your Smart Appliances from the Apps, or through compatible voice services such as Google Assistant or Amazon Alexa-enabled devices;
Access to a video feed or images from your camera-equipped Smart Appliance, or to send video or images from your camera-equipped Smart Appliance and/or mobile device to Whirlpool;
Guides, tips & tricks, and recommendations to help you make the most out of your Smart Appliances;
Enhanced ways to configure your appliance;
Ways to help automate the way you use your appliances, including laundry and cooking;
Access to additional appliance features, like additional laundry or cooking cycles
Ways to connect and use your Smart Appliances with mobile apps, technologies, products, or services from Whirlpool or its affiliated brands, such as the Yummly® digital recipe platform;
Ways to connect and use your Smart Appliances with your smart home ecosystem and other smart home products;
In the event your Smart Appliance experiences an error, ways to notify you of the issue and allow you to troubleshoot the issue.
Smart Feature Updates, including Additions, Modifications, or Discontinuations
Business and technology needs frequently evolve, and Whirlpool strives to keep innovating and responding to consumer demand. As such, we may add, modify, or discontinue (collectively, “Update”) Smart Features or any other aspect of your Smart Appliances at any time through software updates to your App or to your Smart Appliance, and you consent to these Updates. You agree to use the most up to date version of software available for your App and your Smart Appliance. You agree that Whirlpool may Update the Smart Features (in whole or in part) at any time and that you will provide Whirlpool with access to do so. In some cases we may Update Smart Features remotely without notifying you, and you consent to these automatic Updates. You acknowledge that Updates may require your Smart Appliance to be reset, restarted, or be temporarily unavailable for use. You agree that you will promptly install any Updates that Whirlpool provides. When downloading or installing an Update, be sure to read descriptions of new Smart Features. If you do not wish to receive Updates, delete your appliance from your App. All Smart Features are subject to change, and may be modified or removed at any time through an Update.
Use of Smart Features
We provide the Smart Features as a convenience, and we hope they make things easier for you. You agree to always use the Smart Features responsibly, and use proper care, good judgment, and common sense. In particular:
When doing laundry, follow any instructions or guidelines that come with your fabrics.
When cooking, always follow recommended guidelines (such as from your country’s food authorities), and be sure to check your food for doneness before eating. Consuming undercooked foods (such as meats, poultry, seafood, or eggs) may result in illness.
Always follow your Smart Appliance Use and Care or Quick Reference Guides.
Do not rely on the Smart Features to prevent accidents, damage, fire, injury, or other hazards.
IT IS YOUR RESPONSIBILITY TO OPERATE YOUR SMART APPLIANCE SAFELY AND TO MAINTAIN YOUR SMART APPLIANCE IN GOOD WORKING ORDER. FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR SMART APPLIANCE OR PROPERTY, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.
Connecting And Disconnecting Your Smart Appliance; Managing Your Account
Creating an Account. To use the Smart Features, you must create an account. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are responsible for keeping your account and contact information up to date. To the extent permitted by law, you agree to accept responsibility for all activities that occur under your account, including any misuse by you or others. You agree to promptly notify us of any unauthorized use of your user name, password, or account. You may not use another person’s account without permission, act in a way that interferes with another user’s account, or solicit another user’s password. We may terminate or suspend your account for any reason.
Connecting Your Smart Appliances. To connect your Smart Appliance, download the applicable App on your mobile device. The App will guide you through the steps to set up a user account and connect your Smart Appliance. If you have problems or questions, please visit https://producthelp.whirlpool.com/, or call us.
Internet and Mobile Usage. Smart Features require you to have a wireless Internet connection and data connectivity for your Smart Appliance and mobile device. You are responsible for obtaining, maintaining and paying for all network devices (modems, routers, etc.) and data plans. To help ensure the security of your Smart Appliance, you agree to keep your network and devices up to date and follow all recommendations from your network device manufacturers. This includes ensuring that your router’s firmware and software are fully up-to-date with all available updates and patches.
Multiple User Appliances. Once you connect your account to your Smart Appliance, your account will have administrative control over your Smart Appliance. However, some Smart Appliances may be connected to multiple accounts (“Multiple User Appliances”). For Multiple User Appliances, the first account to connect (“Primary Account”) will have administrative control and may have the ability to subsequently authorize other accounts to connect (“Secondary Accounts”). The Primary Account may have access to features and functions not available for the Secondary Account. The Primary Account is solely responsible for all use of the Smart Appliance by any Secondary Account users as though their activity had occurred under the Primary Account.
You can delete your Smart Appliance from within your App at any time, or delete your account at any time within your App. When you take either of these steps, the Smart Features will no longer be available for your Smart Appliance and your Smart Appliance will stop transmitting data to Whirlpool. To confirm that your Smart Appliance is not transmitting data to Whirlpool, double check that your Smart Appliance is disconnected from your router (such as by resetting your Smart Appliance's network settings or having your appliance "Forget" your home network).
While deactivating your 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, such as emails. Please review the applicable Privacy Notice for details on how to change your overall communications preferences
Whirlpool may terminate your use of the Smart Features at any time, for any reasonable basis, and without prior notice. Whirlpool may deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials and without notice. Upon termination, all rights and licenses granted under this Agreement, including your right to use the Smart Features, immediately cease.
Transferring your Smart Appliance. You may sell, loan or give your Smart Appliance to someone else. If you do, you agree to: (i) tell them that it is a Smart Appliance; and (ii) delete the Smart Appliance from your App or delete your account within the App. After giving up your Smart Appliance, your right to use the Smart Appliance and the Smart Features automatically terminates and you agree to not attempt to access or use the Smart Appliance or interfere with anyone else’s access to or use of the Smart Appliance.
We try to keep the Smart Features up and running, but Smart Features sometimes experience outages for a variety of reasons. You agree that Whirlpool is not responsible for any damage or loss caused by failures or delays of the Smart Features.
Acceptable Use Policy
Subject to your compliance with these Terms, and unless we provide express written consent to use the Smart Features for other purposes, we grant you permission to use the Smart Appliances, Apps, and Smart Features solely for your personal, family, and household use. Whirlpool retains all right, title, and interest in and to the Smart Features, including all content and other material contained in or made available through the Smart Features. You may not use any portion of the Smart Features, except as expressly authorized in these Terms.
You may only download and use the Apps with Smart Appliances that you own or are authorized to use. You may use the Smart Appliance and the Smart Features only in compliance with these Terms, and all applicable local, state, national, and international laws, statutes, rules, and regulations (“Laws”). You may not use the Smart Features or your Smart Appliance in any manner that could harm any person, property, Whirlpool, its service providers or its brands.
In addition, you agree not to:
Use any Smart Feature in any way 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.
Use any materials that may be 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 in any way that is otherwise unlawful.
Upload or distribute any malicious computer code (for example, a virus, worm, Trojan horse, spyware) or other computer 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.
Interfere with, modify, or disrupt the operation of the Smart Features, or the servers or networks used in connection with the Smart Appliances.
Impersonate any person, business, entity, or IP address (e.g., IP spoofing).
Gain or attempt to gain unauthorized access to a Smart Feature, including by reverse engineering or installing firmware not approved by Whirlpool.
Frame or mirror any portion of the Smart Features, or incorporate any portion of the Smart Features into any other product or service without Whirlpool’s express prior written consent.
Alter, damage, or delete any content provided by Whirlpool.
Use any robot, spider, search/retrieval application or other manual or automatic device to systematically retrieve, index, “scrape,” “data mine” or otherwise gather data or content from the App, the Cloud, or the Smart Features.
Reproduce or circumvent the navigational structure or presentation of the Smart Features, without Whirlpool’s express prior written consent.
Access (or attempt to access) the Smart Features or any Smart Appliance by any means other than through the interface provided by Whirlpool; and
Access the Smart Features in order to build a similar or competitive service or product.
Depending on the Smart Appliance you purchased and your country of purchase and use, some or all of the Smart Features (“Subscription Features”) may require a subscription (“Connected Subscription”). The Connected Subscription plans and features we offer may vary by appliance, model, and territory, and may each be subject to different terms, so make sure you review applicable terms carefully.
Offers and Other Ways to Connect
We may offer promotional or trial offers for Connected Subscriptions, which are subject to both these Terms and the terms of each offer. We may limit or change eligibility or terms for promotional or trial offers at any time. We reserve the right to revoke an offer, cancel your Connected Subscription, and put your account (including Primary and Secondary Accounts) on hold if we determine that you are not eligible for the offer. We may terminate, restrict, or suspend your access to your Subscription Features without credit or refund to you, for any reason in our sole discretion, including if we determine that your activity violates these Terms, is improper, involves fraud or misuse, or harms or interferes with our or any other person’s rights or interests.
We may offer different ways to obtain a Connected Subscription, such as by paying a monthly or annual fee (“Paid Connected Subscription”), or by signing up for another service or purchasing another product (“Companion Connected Subscription”).
Companion Connected Subscriptions
Renewal and cancellation terms may vary for Companion Connected Subscriptions, and in some cases may require you to agree to automatic, paid renewals for related services, and to automatic discontinuation of your Connected Subscription if you elect to cancel a related service. Review your offer terms carefully and contact us at 866-333-4591 if you have questions.
Automatic Renewal & Cancellation
Paid Connected Subscriptions will automatically renew until you cancel: once you have signed up, you will automatically be charged the associated fee (plus any applicable taxes) until you cancel. To see your next renewal date and current fee, visit your mobile device’s account settings, or the Subscriptions tab that is available through the Apple App Store or the Google Play Store.
You must cancel your Paid Connected Subscription at least 24 hours before the end of your current billing period to avoid being charged for the next billing period. After cancellation, you will have access to your Subscription Features through the last day of your current billing period, at which point your Connected Subscription (and access to your Subscription Features) will be discontinued.
You may cancel your Paid Connected Subscription any time through your App Store account (<Apple App Store> or <Google Play>). To access the Subscription Features after discontinuing your Paid Connected Subscription or free trial, you may need to purchase a new subscription, subject to then-current fees, terms, and conditions.
Disconnecting your appliance from the Internet, deleting your appliance from your App, or deleting your account in the App will not cancel your Connected Subscription; you must cancel through your mobile device’s account settings. If you wish you stop the Subscription Features during a free trial period, disconnect your Smart Appliance as described in these Terms.
Paying for Your Connected Subscription
Payments for your Connected Subscription are processed via Apple (for iOS) and Google (for Android) (each an “App Provider”) and you will need to provide your App Provider with your payment information. You are responsible for maintaining accurate and up-to-date payment information. If a payment is unsuccessful, we may suspend your access to the relevant Subscription Features until you provide a valid payment method. Whirlpool is not responsible if your subscription fails to renew due to invalid payment information.
Refund requests are handled by your App Provider, not Whirlpool. To request a refund, you should follow your App Provider’s refund procedures. Whirlpool does not offer refunds for your Connected Subscription. If you cancel, we will not issue you a refund or credit for any partial-period access to your Connected Subscription. You are not entitled to a refund or credit for any part of a billing period if the Subscription Features are unavailable, defective, experiencing delays, or for any other reason.
Changes to Connected Subscriptions and the Subscription Features
Technology and user priorities evolve, so we reserve the right to change or discontinue Connected Subscription plans, Subscription Features, terms, or pricing at any time. Whirlpool is not responsible for any damage or loss caused by failures or delays of your Connected Subscription or the Subscription Features.
Eligibility and Use Restrictions
To purchase a Connected Subscription, you must be a U.S. resident and at least 18 years of age (or the age of majority in your jurisdiction). You are permitted to use your Connected Subscription for personal, non-commercial uses only.
If you have any questions about Connected Subscriptions, please contact us at 866-333-4591.
Copyright and Trademarks
All content on the Apps, the Smart Appliances, or otherwise made available through the Smart Features (including 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 Smart Features 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 Smart Features or use the Smart Features 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 Corporation, Whirlpool Australia, Whirlpool Canada LP, Maytag Limited, Maytag Properties, LLC, Maytag Worldwide NV, or other owners that have granted Whirlpool Corporation license to use such Marks.
Copyright Infringement Claims
If you believe in good faith that materials available on the Smart Features infringe your copyright, you may send us a written notice by mail or e-mail, requesting that Whirlpool remove such material or block access to it. Our US and Australian users can refer to http://www.copyright.gov/ or www.copyright.org.au, respectively, for details on procedures available in their region. Notices and counter-notices must be sent in writing to Whirlpool Corporation’s DMCA agent as follows:
Whirlpool Corporation DMCA Agent
500 Renaissance Drive, Suite 101,
St. Joseph, MI 49085
For our US users, your written notice must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that are allegedly being infringed;
Specific identification and description of each copyrighted work claimed to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;
A description of where the material believed to be infringing is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.
The Smart Features may allow you and other users to provide content, including ratings, reviews, comments, images, videos, recipes, or any other type of media (“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; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content 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. You will also not submit User Content that includes personally identifiable information about yourself or any other person, unless the Smart Features specifically request that you provide such information.
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 further unconditionally and irrevocably waive, and consent to conduct which may otherwise infringe, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have. In particular, you consent to any amendments, deletions from and use of your User Content, including any which fail to attribute any authorship to you.
If you provide us with any ideas, proposals, suggestions or other materials relating to the Apps, Smart Appliances, Smart Features, or any other Whirlpool products or services, Whirlpool may use the feedback in any manner for any purpose without restriction or compensation to you.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.
We welcome you to share your User Content and information about our products, services, and Smart Features through social media. You grant us the right to reproduce and publish your social media postings related to the Smart Features and to use the username or social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of the social media platforms you use.
External Links and Third-Party Services
The Smart Features may show you or direct you to listings, descriptions, and images of products offered by Whirlpool or by third parties, as well as promotions, coupons, or discounts for those products. We try to keep this content error-free, but Whirlpool does not warrant that such listings, descriptions or images are accurate, complete, reliable, current, or error-free or that products of third parties comply with applicable Laws.
The Smart Features may also allow you to access or interact with apps, websites, materials, products or services made available by others (“Third-Party Services”). By connecting to Third-Party Services, you acknowledge and agree that we may exchange information and data with the Third-Party Services consistent with our Smart Appliance Privacy Notice. We do not control, endorse, and are not responsible for, any Third-Party Services, including their accuracy, integrity, quality, legality, usefulness or safety. Whirlpool has no obligation to monitor Third-Party Services, and may block or disable access to them at any time. You should contact the operator of the Third Party Service with any questions about their Third-Party Services. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, none of Whirlpool or the Affiliated Entities (as defined below) shall be held liable for the availability, accuracy, completeness, performance, or timeliness of the information or content provided through the Smart Features, any results obtained through the Smart Features, any effects caused by your use of the Smart Features, or any improper, incorrect or commercial use of the Smart Features.
IN THE UNITED STATES AND CANADA, WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE ARE NOT PROVIDING ANY WARRANTIES RELATING TO THE SMART FEATURES, OR THIRD PARTY SERVICES. THE SMART FEATURES AND THIRD PARTY SERVICES, AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SMART FEATURES 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 SMART FEATURES 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 SMART FEATURES OR THE RESULTS THAT YOU MAY OBTAIN THROUGH THE SMART FEATURES. 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 AS WELL AS EACH OF THEIR LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN AUSTRALIA, THE SMART FEATURES COME WITH CONSUMER GUARANTEES (“CONSUMER GUARANTEES”) THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED UNDER THE AUSTRALIAN CONSUMER LAW. EXCEPT AS REQUIRED BY WHIRLPOOL UNDER THESE CONSUMER GUARANTEES, WHIRLPOOL PROVIDES NO OTHER WARRANTY, GUARANTEE OR ASSURANCE, EXPRESS OR IMPLIED.
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 SMART FEATURES OR FOR ANY DAMAGES RELATED TO LOSS OF USE OF THE SMART FEATURES, ANY UNAUTHORIZED ACCESS TO OR USE OF THE SMART FEATURES, OR 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. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS REGARDING OR ISSUES WITH THE SMART FEATURES OR THIRD-PARTY SERVICES IS TO STOP USING THE SMART FEATURES OR THIRD-PARTY SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF WHIRLPOOL ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SMART FEATURES SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO WHIRLPOOL TO USE THE SMART FEATURES, 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.
SOME JURISDICTIONS 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 (IN AUSTRALIA, THE AUSTRALIAN CONSUMER LAW PROVIDES CERTAIN PROTECTIONS, INCLUDING CERTAIN CONSUMER GUARANTEES). THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Except to the extent prohibited under applicable Laws, you agree to defend, indemnify and hold harmless Whirlpool and the Affiliated Entities 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 Smart Features or User Content; and (ii) any violation or alleged violation of this Agreement by you.
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 provision and 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 provision 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 Smart Features, all content on the Smart Features, products sold or advertised on the Smart Features (including but not limited to the use, design, testing, manufacture, marketing, advertising, or labeling of any product advertised or purchased on the Smart Features), 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 (the “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.), 1-800-807-6777 (Canada), or 1-300-363-344 (Australia) (“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.
Whirlpool agrees 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 Whirlpool pays 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 IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.
For U.S. users, this Agreement is 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 Canadian users, this Agreement is 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. For Australian users, this Agreement is governed by the laws of the State in which the customer resides and the laws of Australia applicable therein.
You are responsible for complying with your country’s 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 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 U.S. government lists of restricted end users.
App Store Terms
The availability of the Smart Features may depend on the third-party platforms from which you download the App, such as the Apple App Store or Google Play (each an “App Store”). You acknowledge and agree that this Agreement is between you and Whirlpool, and not with the operator of an App Store. The App Store provider is not responsible for maintenance or other support for the App. You also agree to comply with any App Store terms and conditions. To the extent that any App Store terms and conditions are less restrictive than or otherwise conflict with the terms of this Agreement, this Agreement shall govern.
From time to time, we may change these Terms. We reserve the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Smart Features following any changes indicates your acceptance of those changes.
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. 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.
Contact Us, Information or Complaints
For U.S. Customers, 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. 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.
For customers in Canada, 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.
For Australian customers, please contact us by calling us at 1300 363 344, or write to us at Whirlpool (Australia) Pty Ltd, Locked Bag 6001, Forest Hill Post Office, VIC 3131 AUSTRALIA.