For Our Customers in the United States and Canada.
Effective Date: September 13, 2021
Thank you for choosing Whirlpool, which owns and operates brands including Whirlpool®, Maytag®, KitchenAid®, Jenn-Air®, Amana®, Gladiator®, Roper®, Estate®, Yummly®, EveryDrop®, Swash®, Inglis®, Affresh®, and Speed Queen™ (Canada only). Review these Terms carefully: this is a contract and affects your legal rights. By using the Services, you accept and agree to be bound by and comply with these Terms. If at any time you do not accept these Terms, stop using the Services, delete all of your Platform accounts, and delete any Smart Appliances from your accounts.
THIS AGREEMENT CONTAINS A CLASS ACTION/JURY TRIAL WAIVER PROVISION. EXCEPT WHERE PROHIBITED BY LAW, THIS PROVISION WAIVES YOUR RIGHT TO USE JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING 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, AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF, THE SERVICES.
We offer a variety of features and functions through our websites, mobile sites, mobile apps (“Apps”), and other services (collectively, our “Platform”) that we hope you love. Our Apps can interact with select appliances with Internet-enabled features (“Smart Appliances”), all of which can interact with Whirlpool’s Internet-based servers (“Cloud”) to provide you with various capabilities. The Smart Appliances, Apps, Cloud, and the capabilities they deliver are collectively referred to in these Terms as “Smart Features.” Our Smart Features along with our Platform, including but not limited to all U.S. and Canadian websites and apps owned or operated by Whirlpool or its subsidiaries, are collectively referred to in these Terms as the “Services,” except where otherwise expressly noted.
These Terms are for Services provided or distributed in the United States and Canada. For products or services that are provided or distributed in other countries, different terms may apply. Additional terms may apply depending on which of our products or services you use, or for promotions, sweepstakes, contests, giveaways, or similar programs (“Additional Terms”). If Additional Terms are inconsistent with these Terms, the Additional Terms control. You agree to use only the Services directed to your country — for example, US users should use our US websites (having a .com domain) and US apps (available in US app stores), while Canada users should use our Canadian websites (having a .ca domain) and Canadian apps (available in Canadian app stores).
BY USING THESE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR OTHERWISE ARE BEING SUPERVISED BY A LEGAL GUARDIAN AND MEET ALL ELIGIBILITY REQUIREMENTS. If you do not meet all of these requirements, do not access or use the Services.
Privacy and Security
We value your trust. To learn how we collect, use, and disclose your information, please review our Privacy Notice, available on our websites and in our Apps. By using the Services, you agree to the collection, use, disclosure and sharing of data as described in the Privacy Notice.
Whirlpool is committed to securing the data you provide us and we take 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; as such, it is possible that information you send us may be read or intercepted by others. You agree that you will not hold us liable for any damages resulting from privacy or security breaches due to your use of the Services.
Creating an Account
To use certain Services, you may need to 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. You may be held liable for all losses incurred by us or any other user of our Services due to 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 are responsible for any unauthorized access or password misuse. 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 are not liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right at any time to terminate or suspend your account(s) for any or no reason, including any violation of these Terms.
We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service and sometimes an item may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue selling any product or service at any time without notice.
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. Prices may differ from other promotional prices we or others make available online or retailer prices in your area. In some cases, intermediate markdowns may have been taken.
To purchase products or services through the Platform, you will need to provide certain information, including payment and shipping details. You may be able to store your information in your Account, which allows you to make future purchases without re-entering your information.
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 your order information or your order may be delayed or cancelled. When you place your order, we may pre-authorize your credit or debit card in the amount of your order, which may have an effect on your available balance or credit line. We may cancel or place holds on your order if we suspect the order may be fraudulent.
All billing and registration information you provide must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all charges incurred via the applicable payment method for all items, products and/or services that you purchased at the price(s) in effect at that time, including sales taxes. Receiving an order acknowledgement via email does not guarantee acceptance of an order, or that the price or availability of an item has been confirmed.
Limitations On Purchases
We are not responsible for failure to fulfill orders for any reason, including causes beyond our control. We reserve the right to: (1) decline any order or limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases 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.
Shipping, Delivery, Install
For our sites that have direct-to-consumer transaction capabilities, please review the Shipping, Delivery & Install policy on the site, accessible from the site’s homepage and incorporated by reference as part of these Terms.
For our Services and sites that have direct-to-consumer transaction capabilities, please review the Returns, Exchanges, and Cancellations policy on the applicable Service or site, accessible from the site’s homepage and incorporated by reference as part of these Terms.
Smart Appliances & Smart Features
Refer to your Smart Appliance Use & Care Guide, Quick Reference Guide, or your product brand’s Smart Appliance homepage for information on your appliance’s Smart Features (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). Available Smart Features vary by product model, but may include features such as:
- 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;
- 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;
- 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; and
- In the event that your Smart Appliance experiences an error, ways to notify you of the issue and allow you to troubleshoot.
By connecting your Smart Appliance, you agree to allow Whirlpool to support and operate the Smart Features.
Updates, including Additions, Modifications, or Discontinuations
Business and technology needs frequently evolve. As such, we may add, modify, or discontinue (collectively, “Update”) any or all Smart Features or any other aspect of your Smart Appliances at any time through software updates to your App or Smart Appliance, and you consent to these Updates. You agree to promptly install any Updates and use the most up to date version of software available for your App and your Smart Appliance. If you do not use updated software, or if you have an operating system or mobile device that does not support the most up to date software, you understand that the App or certain App functions may be unavailable or may not function correctly.
You agree that Whirlpool may automatically 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. 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, you agree to exercise caution by adhering to the following:
- 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), monitor your food during the entire cooking process, 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.
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 are responsible for keeping your network and devices up to date and following all recommendations from your network device manufacturers. This includes ensuring that your router’s firmware and software and mobile device software are fully up-to-date with all available updates and patches. Our Services may not be compatible with devices unless they are kept up-to-date, including with an up-to-date operating system. If your device cannot support an up-to-date operating system, you may not be able to utilize the Services. You are responsible for ensuring that your device can support an up-to-date operating system that is compatible with our Services.
Multiple User Appliances
In general, when 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 or delete your account at any time within your App. When you take either of these steps, the Smart Features for your Smart Appliance will no longer be available 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 (for example, by resetting your Smart Appliance’s network settings or having your appliance “Forget” your home network).
Although 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 communications preferences.
Whirlpool may terminate your use of the Smart Features at any time, for any reason, 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, without notice. Upon termination, all rights and licenses granted under this Agreement, including your right to use the Smart Features, will 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 selling, loaning, or giving 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.
App Store Terms
The availability of the Services 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 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.
We try to keep the Services up and running, but our Services may 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 Services.
Intellectual Property Rights and Ownership
All content on the Services (including, but not limited to, graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws around the world, including the United States and Canada. We grant you permission to use the Services 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 Services or use the Services for commercial purposes, whether on behalf of yourself or a third party. The entire contents, features, and functions of the Services are owned by Whirlpool, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights.
All trademarks, service marks, and trade names are trademarks or registered trademarks of Whirlpool Properties, Inc., Whirlpool Corporation, Whirlpool Canada LP, Maytag Limited, Maytag Properties, LLC, Maytag Worldwide NV, or other owners that have granted Whirlpool Corporation license to use such Marks. You must not use such marks without express prior written consent of the applicable owner.
Copyright Infringement Claims
If you believe in good faith that materials available on the Services 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 U.S. users can refer to http://www.copyright.gov/ 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
U.S. users 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 Services 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 Services specifically request that you provide such information.
Other than your personal information (for example, your full 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 Services or any other Whirlpool products or services, Whirlpool may use the feedback in any manner for any purpose without restriction or compensation to you.
We welcome you to share your User Content and information about our products, services, and Services through social media. You grant us the right to reproduce and publish your social media postings related to the Services 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.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.
Acceptable Use Policy
Subject to your compliance with these Terms, and unless we provide express written consent to use the Services for other purposes, we grant you permission to use the Services solely for your personal, family, and household use. Whirlpool retains all right, title, and interest in and to the Services, including all content and other material contained in or made available through the Services. You may not use any portion of the Services, 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 Services 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 Services 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 the Services, including 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 Services, or the servers or networks used in connection with the Smart Appliances or Smart Features.
- Impersonate any person, business, entity, or IP address (including, without limitation, by engaging in IP spoofing or by using email addresses or screen names associated with Whirlpool or any of its subsidiaries);
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage other commercial activities, without our prior written consent;
- Gain or attempt to gain unauthorized access to the Services, including by reverse engineering or installing firmware not approved by Whirlpool.
- Frame or mirror any portion of the Services (such as the Smart Features), or incorporate any portion of the Services 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 Services.
- Reproduce or circumvent the navigational structure or presentation of the Services, 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.
Third Party Services & External Links
The Services may show or direct you to listings, descriptions, and images of products or services offered by independent 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 content is accurate, complete, reliable, current, error-free, or comply with applicable Laws.
The Services may 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 agree that we may exchange information and data with the Third-Party Services consistent with our 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.
Services & Content Subject To Change
While we try to provide the Services error-free, we do not guarantee that the Services or their content are complete, current, or error-free (including, without limitation, 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.
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 Services, any results obtained through the Services, any effects caused by your use of the Services, or any improper, incorrect or commercial use of the Services.
NOT APPLICABLE IN QUEBEC AND SASKATCHEWAN: WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE ARE NOT PROVIDING ANY WARRANTIES RELATING TO THE SERVICES, OR THIRD PARTY SERVICES. THE SERVICES AND THIRD PARTY SERVICES, AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES 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 SERVICES 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 SERVICES OR THE RESULTS THAT YOU MAY OBTAIN THROUGH THE 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 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.
LIMITATION OF LIABILITY
NOT APPLICABLE IN QUEBEC: 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 SERVICES OR FOR ANY DAMAGES RELATED TO LOSS OF USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, 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 SERVICES OR THIRD-PARTY SERVICES IS TO STOP USING THE SERVICES OR THIRD-PARTY SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF WHIRLPOOL ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO WHIRLPOOL TO USE THE 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.
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. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Not applicable in Quebec: 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 Services and/or User Content; and (ii) any violation or alleged violation of this Agreement by you.
CLASS ACTION / JURY TRIAL WAIVER
READ THE FOLLOWING PROVISION CAREFULLY. YOU AGREE TO WAIVE YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS OR THROUGH A JURY TRIAL.
As used in this Class Action / Jury Trial Waiver provision, “You” and “Your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors and assigns.
In the event that You intend to commence 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 a court proceeding in accordance with this Agreement.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. YOU AND WE EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO BRING OR PARTICIPATE IN A CLAIM AS A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING AGAINST WHIRLPOOL AND/OR THE AFFILIATED ENTITIES. THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM. THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.
If this Class Action/Jury Trial Waiver provision or any portion of this Class Action/Jury Trial Waiver provision is held to be unlawful, void or for any reason unenforceable, this provision (or portion of this 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.
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.
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.
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 Services 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, Get Information, or Offer Feedback
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.