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The ClothesPin™ App Terms & Conditions
Please read these Terms and Conditions carefully before using the ClothesPin™ smartphone application.
Whirlpool Corporation (“Whirlpool”) is the world’s leading manufacturer and marketer of major home appliances. Major brand names used in the United States include Whirlpool®, Maytag®, KitchenAid®, Jenn-Air®, Amana®, Gladiator®, Roper®, Estate®, Admiral®, Laundry 1-2-3™, and Affresh® by Whirlpool Corporation. These Terms and Conditions (the “Terms”) apply to your use of the ClothesPin™ application (the “App”).
ACCESS AND USE OF THE APP AND SERVICES, GENERAL TERMS Your use of the App and Services is expressly conditioned on your compliance with these Terms. By checking the box that states “I have read and agree” and/or by using the App, you are indicating that you agree with and have read the most recent version of these Terms and agree to be bound by them.
We reserve the right to modify these Terms at any time without notice. Amendments to these Terms will be effective when posted. The date of the latest changes will be indicated at the bottom of the document. You must check the Terms periodically for updates. Your continued use of the App following the posting of any amendment, modification or change shall constitute your acceptance of the amended Terms.
Unless otherwise specified, “you” shall mean you.
Account Registration, Information, Password and Security
Whenever you provide us information, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the App and refuse any and all current or future use of the App (or any portion of it). Some portions of the App require you to register and you may be asked to select a password to do certain things or access certain Information or Services. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You agree to maintain the confidentiality of your password(s) and account(s), and you agree that you are fully responsible and accountable for all activities that occur under your account(s). You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We reserve the right to take any and all action, as we deem necessary or reasonable, to help ensure the security of the App and any App account, including without limitation terminating your account, requiring you to change your password, or requesting additional information to authorize activity on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account(s) or using your password(s) and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction we take or do not take under this provision, (ii) any compromise of the confidentiality of your account(s) or password(s) and (iii) any unauthorized access to your account(s) or use of your password(s). You may not use anyone else’s account or password at any time.
Proprietary Rights; Limited License All Information made available to you on the App is proprietary to Whirlpool, or its licensors, with all rights reserved. No Information may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Whirlpool’s prior written permission. Any use of the App (except as specifically authorized in these Terms), without the prior written consent of Whirlpool, is strictly prohibited and will terminate all licenses granted to you under these Terms. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless expressly stated otherwise in these Terms, Whirlpool is not conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. All licenses and rights granted to you by Whirlpool in these Terms are revocable without notice, at any time and may be revoked without cause.
License Until it is revoked, Whirlpool grants to your company a non-exclusive, time-limited, fully revocable, non-transferable, limited right and license to access and use the App and the Services, in strict conformity with these Terms. No copy or use of any portion of the App or information accessed on or through the App is authorized or otherwise permissible, and such unauthorized copy or use shall constitute an act of copyright infringement and a breach of these Terms.
Your Use of the App and Services You understand that the App and Services are available for your personal use only. You agree that no information or materials of any kind submitted through your account or otherwise transmitted or shared by you on or through the App will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain obscene, lewd, discriminatory, inappropriate, libelous, defamatory or unlawful material (as determined by Whirlpool in its sole discretion). You agree to comply with all procedures, rules and policies established by us, and all applicable federal, national, state, provincial and local laws and regulations, including without limitation the U.S. Communications Decency Act (47 U.S.C. sec. 223 et.seq.) and the U.S. Digital Millennium Copyright Act (17 U.S.C. sec. 101 et. seq.). In addition, you agree not to use the App to:
- Scrape, harvest or collect e-mail addresses or other personal information of other users from the App by electronic or other means for any purpose including, without limitation, to send unsolicited emails or other unsolicited communications;
- Scrape, harvest or collect any webpage, including any Information or other materials;
- use the App or the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the App or the Services;
- Access or attempt to access any information or other material or documents that you are not authorized to access through any means not intentionally made available through the App or the Services;
- use automated methods to collect information from or otherwise interact with other users through the App or the Services;
- register for an account on behalf of anyone other than yourself;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- solicit personally identifying information for commercial or unlawful purposes, solicit passwords or solicit personal information from anyone under 18;
- intimidate or harass any other user or any vendor;
- make available information or materials that might create liability or violate any local, state, national or international law;
- use or attempt to use another’s account, service or system without authorization from Whirlpool, or create a false identity on the App;
- make available information or materials that are false, misleading, objectionable or which restricts or inhibits any other person from using or enjoying the App, or which may expose Whirlpool or any users to any harm or liability of any type;
- disrupt or interfere with the security of, or otherwise cause harm to the App, the Services, information, materials, documents, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked websites; or
- post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms.
Links to other Websites and Third-party Services The App contains (or you may be sent through the App or the Services) links to other websites and services that we do not operate. These links and services are provided for your convenience only. The inclusion of any of the links to other websites does not mean that we endorse those websites, companies or contents. We are not responsible for the contents, links or privacy of any linked website or services. Access to any other website or services linked to the App is at your own risk and you should be aware that our Terms do not apply to your access to any linked website. You should review the applicable terms and conditions and policies, including privacy and data gathering practices, of any linked website or service.
Trademarks Whirlpool Corporation and all graphics, logos, page headers, button icons, scripts, service names and other trademarks and servicemarks on the App are trademarks, tradedress and service marks belonging to Whirlpool or its global subsidiaries or its licensors (the “Whirlpool Marks”). Whirlpool Marks may not be used in any way (including in “meta-tags” or “hidden text”) without our prior written approval. All other trademarks not owned or licensed by Whirlpool that appear on this App are the property of their respective owners. Any unauthorized use of the Whirlpool Marks or any third party trademark is strictly prohibited.
Privacy We care about the privacy of our users. Click on the Privacy Statement link to view Whirlpool’s Privacy Statement.
Disclaimers of Warranty and Liability
Whirlpool is not responsible for the conduct, whether online or offline, of any user of the App or Services. The App and the Services may be unavailable from time to time for maintenance or other reasons. Whirlpool assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of your information. Whirlpool is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at the App or any combination of the above, including injury or damage to any computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the internet, the World Wide Web and/or in connection with the App and/or Services. To the maximum extent allowed by applicable law, Whirlpool will not be responsible for:
(a) any loss or damage, including any loss or damage to any of your information, or
(b) personal injury or death,
resulting from anyone’s use of the App or the Services, any Information posted on or through the App or the Services or otherwise transmitted to you, or any interactions between you and the App, whether online or offline.
You understand and agreement that the App and the Services are provided “as is, as available, and with all faults” and that Whirlpool has no liability or responsibility for the timeliness, deletion, or failure to store any communications from you. You assume total responsibility and risk for your use of this App including any information obtained through the App. WHIRLPOOL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. WHIRLPOOL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APP AND/OR SERVICES. WHIRLPOOL DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, DATA, CONTENT, INFORMATION OR MATERIALS ON THE APP, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE APP OR SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ITEMS.
Whirlpool reserves the right to change any and all Information, software and other items used or contained in the App and any Services offered through the App at any time without notice. Any reference to products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Whirlpool.
Limitation of Liability WHIRLPOOL AND ITS SUBSIDIARIES WORLDWIDE, THEIR RESPECTIVE EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR NOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING FOR ANY LOSS OF BUSINESS, LOST PROFITS OR LOST DATA ARISING OUT OF OR RELATING IN ANY WAY TO THE APP OR SERVICES, OR INFORMATION OBTAINED BY USING THE APP OR SERVICES INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY INFORMATION, MATERIAL OR DOCUMENTS, EVEN IF WHIRLPOOL IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP OR THE SERVICES IS TO STOP USING THE APP.NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WHIRLPOOL’S LIABILITY TO YOU INDIVIDUALLY OR TO YOUR COMPANY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LOWEST LIMITATION OF LIABILITY AMOUNT ALLOWED BY LAW, OR, IN THE EVENT THAT SUCH AN AMOUNT IS NOT PRESCRIBED BY LAW, ONE HUNDRED DOLLARS ($100). CERTAIN U.S. STATE LAWS AND THE LAWS OF OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination Whirlpool may suspend or terminate your account, delete your Registration Information and Account Information, and any other content or information that you have provided through the App and/or prohibit you from using or accessing the Services or the App (or any portion, aspect or feature of the Services or the App) for any reason, or no reason, at any time in its sole discretion, including if it determines that you are in breach of any of these Terms.
Indemnity You agree to indemnify and hold Whirlpool, its subsidiaries worldwide, and each of their respective directors, officers, agents, employees and representatives, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any information that you upload on or through the App (including your contact and other personal information), your use of the Services or the App, your conduct in connection with the Services or the App or with any other user of the Services or the App, or any violation of these Terms or of any law or the rights of any third party.
Submissions You agree that Whirlpool is free to use any communication, comments, information, ideas, concepts, reviews, techniques, content or any other material you may send to us, including, without limitation, surveys, responses to questionnaires or through postings and/or submissions to the App without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the App and our products and services. Furthermore, by submitting any comment or other material through the App, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, make, have made, sell, offer for sale, import, export, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing any such material or information, you represent and warrant that public posting and use of such material, concept, idea or information by Whirlpool will not infringe on or violate the rights of any third party.
Miscellaneous With respect to you individually, these Terms constitute the entire agreement between you and Whirlpool regarding the use of the App and the Services. A printed version of these Terms, and of any notice given in electronic form related to these Terms, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. You individually now waive any and all defenses you may have based on the electronic form of these Terms and the lack of handwritten signature by you individually to these Terms. Failure by either party to insist on strict performance of any of the Terms will not operate as a waiver of any subsequent default or failure of performance. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Nothing contained in these Terms shall be construed to constitute you and Whirlpool as partners or joint venturers or to constitute employment or any type of agency.
Choice of Law This Agreement shall be governed and interpreted according to the substantive laws of the State of Michigan, U.S. without regard to its conflict of law provisions. The parties agree that in any action arising out of this Agreement or relating to the operation of the App or Information and Services obtained through the App, they irrevocably submit to the exclusive jurisdiction of a state or federal court in Michigan, U.S. and, to the maximum extent permitted by law, agree that either of those courts shall be the venue of choice for any such action. Without limiting the effect of any disclaimer contained in this Agreement, any cause of action you may have regarding your use of the App must be commenced within one (1) year after the claim or cause of action arises.
The headings of the various sections in these Terms are for convenience only and shall not define, limit or otherwise affect any of the terms or provisions.