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 * Inside Pass
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 * About Us
 * Terms of Use


TERMS OF USE

Last updated: October 15, 2021



TABLE OF CONTENTS

Table of Contents

Welcome!

Inside Pass Membership, Invited Guests, Temporary Guest Passes, And Restrictions
On Use

Rebates

Privacy and Security

Creating an Account

Making Purchases

Smart Appliances & Smart Features

Service Availability

Intellectual Property Rights and Ownership

Copyright Infringement Claims

User Content

Acceptable Use Policy

Third Party Services & External Links

Services & Content Subject To Change

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

INDEMNITY

CLASS ACTION / JURY TRIAL WAIVER

Governing Law

Export Controls

Changes

Miscellaneous

Contact Us, Get Information, Or Offer Feedback


 

Terms of Use

For Our Customers in the United States and Canada.


WELCOME!

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 of Use (“Terms”) govern your access to and use of the Services,
including but not limited to products you purchase or interact with using the
Services. In these Terms, “Whirlpool,” “us,” “our,” or “we” mean Whirlpool
Corporation, including Whirlpool Canada LP. “You” and “your” mean you, the user
of the Smart Features.

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).

If you use Smart Features enabled by the Yummly® digital recipe platform, you
also agree to Yummly’s Terms of Use (yummly.com/terms) 

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. 


INSIDE PASS MEMBERSHIP, INVITED GUESTS, TEMPORARY GUEST PASSES, AND RESTRICTIONS
ON USE

Only Inside Pass Members and their Invited Guests may use the Platform and
purchase products on the Platform.  “Inside Pass Members” means individuals that
are: Whirlpool employees in good standing; Whirlpool retirees in good standing;
and employees or members of companies or associations that have received
Whirlpool’s written permission to participate in the Inside Pass program.  

 

“Invited Guests” means individuals that have received a valid, non-expired
Temporary Guest Pass from an Inside Pass Member.  Temporary Guest Passes may be
distributed by Whirlpool employees or retirees, but only to their direct and
personal friends and family members.  If you are eligible to distribute
Temporary Guest Passes, you will not distribute them through social media,
websites, or any other channels accessible to anyone other than your specific,
intended recipient.  Temporary Guest Passes cannot be sold or traded.  Temporary
Guest Passes may expire, after which they are no longer valid for use.  They may
also be subject to other terms and conditions.  Expiration dates and any other
applicable terms and conditions will be communicated to Members through the
Platform.  

 

Members are responsible for the actions of their Invited Guests, including any
breach of these Terms by their Invited Guests.  

 

You may use the Platform or your Account only in compliance with these Terms and
all applicable laws. You may not use the Platform in any manner that could harm
Whirlpool, its affiliates, its brands, or any person or property.  

 

Do not share Inside Pass pricing information:  You are not permitted to share
Inside Pass pricing information with any other person or entity, including but
not limited to other appliance retailers, for any reason.   

 

Products are for personal, non-commercial use only:  You may not resell, trade,
or barter products purchased on the Inside Pass Platform.  If you purchase
products on the Platform for another person, you are prohibited from receiving
(directly or indirectly) any type of compensation or benefit from the product
recipient.  

 

Do not share your Group Code:  Group Codes that we provide are for designated
groups of Inside Pass Members only.  You are prohibited from entering a Group
Code that was shared with you without our permission.


REBATES

Unless otherwise indicated, manufacturer rebates (including National Consumer
Rebates) may not be redeemed for purchases made through Inside Pass.  


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.


MAKING PURCHASES 

Product Availability

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.  

Pricing

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. “MSRP” prices are the “Manufacturer’s Suggested Retail Price”,
which 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.

Purchases

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.

Product Returns

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.

Disconnecting 

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.


SERVICE AVAILABILITY

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

copyright@whirlpool.com 

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. 


USER CONTENT

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.


INDEMNITY

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.


GOVERNING LAW

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. 


EXPORT CONTROLS

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.


CHANGES

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. 


MISCELLANEOUS

This Agreement does not, and shall not be construed to, create any partnership,
joint venture, employer-employee, agency or franchisor-franchisee relationship
between you and Whirlpool. If any provision of this Agreement or portion of a
provision is held to be unlawful, void or for any reason unenforceable, that
provision (or portion of the provision), to the extent required, will be severed
from this Agreement but such severance will not affect the validity and
enforceability of the remaining provisions of this Agreement. You may not
assign, transfer or sublicense any or all of your rights or obligations under
this Agreement. We may assign, transfer or sublicense any or all of our rights
or obligations under this Agreement without restriction. Any attempted transfer
or assignment in violation hereof shall be null and void. No waiver by either
party of any breach or default hereunder will be deemed to be a waiver of any
preceding or subsequent breach or default. 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.

 

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