TERMS AND CONDITIONS
LIMITED WARRANTY STATEMENT
One World Technologies, Inc., warrants to the original retail purchaser that this RYOBI™ brand garage door opener is free from defect in material and workmanship and agrees to repair or replace, at One World Technologies, Inc.’s discretion, any defective product free of charge within these time periods from the date of purchase.
Power Head/Gearbox/Rails/Door Arms
Three year limited warranty
Lifetime limited warranty
Three year limited warranty
This warranty extends to the original retail purchaser only and commences on the date of the original retail purchase.
Any part of this product manufactured or supplied by One World Technologies, Inc., and found in the reasonable judgment of One World Technologies, Inc., to be defective in material or workmanship will be repaired or replaced without charge for parts and labor by a RYOBI™ Authorized Service Center.The product, including any defective part, must be returned to a RYOBI™ Authorized Service Center within the warranty period. The expense of delivering the product to the service center for warranty work and the expense of returning it back to the owner after repair or replacement will be paid by the owner. One World Technologies, Inc.’s responsibility in respect to claims is limited to making the required repairs or replacements and no claim of breach of warranty shall be cause for cancellation or rescission of the contract of sale of any RYOBI™ brand product. Proof of purchase will be required to substantiate any warranty claim. All warranty work must be performed by a RYOBI™ Authorized Service Center.
This warranty does not cover any product that has been subject to misuse, neglect, negligence, or accident, or that has been operated in any way contrary to the operating instructions as specified in the operator’s manual. This warranty does not apply to any damage to the product that is the result of improper maintenance or to any product that has been altered or modified so as to adversely affect the product’s operation, performance or durability or that has been altered or modified so as to change its intended use. The warranty does not extend to repairs made necessary by normal wear or by the use of parts or accessories which are either incompatible with the RYOBI™ brand garage door opener or adversely affect its operation, performance or durability.
One World Technologies, Inc., reserves the right to change or improve the design of any RYOBI™ brand garage door opener without assuming any obligation to modify any product previously manufactured.
ALL IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE STATED WARRANTY PERIOD. ACCORDINGLY, ANY SUCH IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ARE DISCLAIMED IN THEIR ENTIRETY AFTER THE EXPIRATION OF THE STATED THREE-YEAR WARRANTY PERIOD. ONE WORLD TECHNOLOGIES, INC.’S OBLIGATION UNDER THIS WARRANTY IS STRICTLY AND EXCLUSIVELY LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AND ONE WORLD TECHNOLOGIES, INC., DOES NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME FOR THEM ANY OTHER OBLIGATION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ONE WORLD TECHNOLOGIES, INC., ASSUMES NO RESPONSIBILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO EXPENSE OF RETURNING THE PRODUCT TO AN AUTHORIZED RYOBI™ SERVICE CENTER AND EXPENSE OF DELIVERING IT BACK TO THE OWNER, MECHANIC’S TRAVEL TIME, TELEPHONE OR TELEGRAM CHARGES, RENTAL OF A LIKE PRODUCT DURING THE TIME WARRANTY SERVICE IS BEING PERFORMED, TRAVEL, LOSS OR DAMAGE TO PERSONAL PROPERTY, LOSS OF REVENUE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, OR INCONVENIENCE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This warranty applies to all RYOBI™ brand garage door opener distributed by One World Technologies, Inc., and sold in the United States, Mexico, and Canada.
To locate your nearest RYOBI™ Authorized Service Center, dial 1-877-205-5714 or log on to our website at www.ryobitools.com.
The following FCC compliance information is for the GD200 garage door opener only. For information regarding other products, like modules and accessories, refer to the labels and documentation included with those items.
WARNING: Changes or modifications to this unit not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.
This device complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
NOTE: The grantee is not responsible for any changes or modifications not expressly approved by the party responsible for compliance. Such modifications could void the user’s authority to operate the equipment.
NOTE: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
Reorient or relocate the receiving antenna. Increase the separation between the equipment and receiver. Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. Consult the dealer or an experienced radio/TV technician for help.
This device complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.
Under Industry Canada regulations, this radio transmitter may only operate using an antenna of a type and maximum (or lesser) gain approved for the transmitter by Industry Canada. To reduce potential radio interference to other users, the antenna type and its gain should be so chosen that the equivalent isotropically radiated power (e.i.r.p.) is not more than that necessary for successful communication.
For additional FCC information, refer to the data label located inside the battery compartment.
RYOBI GDO SYSTEM
THIS AGREEMENT (AS DEFINED HEREIN) IS A LEGALLY BINDING AGREEMENT between you and Company (as defined herein) governing the use of the Ryobi Garage Door Opener (“GDO”) System. When you click “Sign Up”, “Submit”, check a box, or otherwise provide consent to an application screen or user form which references this Agreement during the process of downloading or installing any software, registering for an account, or activating any Equipment (as defined herein), or when you use any Equipment, you and we are agreeing to be bound by this Agreement to the same extent as if you and we had manually executed a paper copy of this Agreement, and you understand and intend to enter into this Agreement electronically. By proceeding with the registration process or using our Site or System, you agree to all the terms and conditions of this Agreement. If you do not agree with the terms and conditions in this Agreement, you should not proceed with the registration process or use our Site or System.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, you should not proceed with the registration process or use our Site or System. Words that are capitalized have the specific meanings set forth in the "Definitions" section below.
1.2. “App” means any mobile device application that may be made available by or on behalf of Company in connection for use with the System.
1.3. "End User" has the meaning assigned in Section 6.3.
1.4. "Equipment" means the Company products, including any related or connected hardware and all software or firmware installed, embedded, or utilized therein, which allow users to remotely activate, monitor, and/or control garage door openers, lights, household appliances, and other related sensors or devices.
1.5. "Company", "we" or "us" means Techtronic Industries North America, Inc.
1.6. "Network" means the internet communications network that enables the Equipment to communicate with the Company servers.
1.7. "Services" means the Network communication and the proprietary Company software (including without limitation web interfaces) used in connection with the Equipment and/or provided as an app download or on a hosted or software as a service basis on the Site.
1.8. "Site" means our website located at www.ryobitools.com.
1.9. "System" means the App(s), the Equipment, the Network, and the Services.
1.10. "You" means the person or entity using or accessing the System under this Agreement.
2. SYSTEM AND SERVICES
2.1. Provision of System and Services. During the term of this Agreement, and subject to your compliance with this Agreement, Company grants you a personal, non-transferrable, non-exclusive license to use the System in accordance with this Agreement. The System contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, the “Content”). The license granted in this Section do not include any resale or commercial use of the System or the Content; any derivative use of the System or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The System or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company's names, trademarks, or service marks without the express written consent of Company. Company (or the respective third party owners of Content) retains all right, title, and interest in the System and any Content offered on the System, including any and all intellectual property rights. Any software which is available as part of or through the System is licensed, not sold, to you. Company (or the respective third party owners of Content) reserves all rights not expressly granted. Any unauthorized use automatically terminates the permission or license granted by Company.
2.2. Modifications of Service. The Services may include one or more of the following: (a) the enabling of wireless transmission of data between Equipment placed in the End User's home and a network operations center; (b) providing remote access to data collected by the Equipment via your Company account; (c) providing email, SMS and other notifications to you regarding Equipment activity; and (d) providing periodic email updates to End Users. We reserve the right to modify, add or eliminate Services from time to time without prior notice.
2.3. Prohibited Use
2.3.1. Reverse Engineering or Commercial Use. You will not use, cause or permit any other person or entity to: (a) use the System for the purposes of designing, building, marketing, or selling any competitive product or service; (b) copy, decompile, disassemble, or reverse engineer any portion of the System; or (c) sell, offer for sale, host, or provide on a service bureau basis, or make any other commercial use of the System.
2.3.2. Unlawful or Improper Use. You will not use, cause, or permit any other person or entity to use or attempt to use the System: (a) for any unlawful, unauthorized, fraudulent or malicious purpose; (b) in an manner that that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (c) to interfere with any other party's use and enjoyment of the System; (d) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (e) to access systems, data or information not intended by Company to be made accessible to a user; (f) to attempt to obtain any materials or information through any means not intentionally made available by Company; or (g) for any use other than the business purpose for which it was intended.
2.4.1. Not an Alarm or Security System. The System is not an alarm or security system and is not intended to function or be used as such. The System is not monitored by or on behalf of company. You are solely responsible for all monitoring of the System. Any heat, fire, smoke, carbon monoxide, motion sensor, or other alarm or detection capabilities of the System are provided solely for your convenience, and Company is not liable for any use of these features or functions as a substitute for appropriate home safety equipment or other items designed and intended to function as alarm or security systems, or to meet applicable laws or building codes.
2.4.2. Not for use use by Minors. The system is intended for use only by persons 18 years or older. Use of the system by children may result in serious injury or death. You agree not to, and will not permit any other person to allow the use of the system by children.
2.4.3. Not for use use while operating a moving vehicle. Use of the System while operating a moving vehicle may result in injury or death. You will not, nor will you permit others to, operate the System while operating a moving vehicle.
2.5 Internet Risks. You understand that applications, systems, and devices connected to the internet are subject to inherent risks common to the internet, such as malicious code, viruses, hackers, and other similar parties, code, or systems. Company has no liability for the acts of any third party that may affect the use of the System. You understand and agree that no data transmitted over the internet is or can be guaranteed to be completely secure. Company does not guarantee that data submitted or transmitted to Company will be free from unauthorized disclosure, access, misappropriation, or intrusion.
2.6 Force Majeure. We will not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the System directly or indirectly caused by, or proximately resulting from, any circumstances beyond our reasonable control, including, but not limited to, causes attributable to you or your property; failure of any third party telecommunications network; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the System.
3.1. Installation. Each End User is responsible for installing the Equipment and activating the System in accordance with the instructions we provide. It is the End User’s responsibility to obtain and keep in effect all consents, authorizations, permits or licenses that may be required for the installation and operation of the System in the End User's premises. You are solely responsible for ensuring that all equipment connected to the System is correctly installed and maintained in proper working order. Company will have no responsibility or liability whatsoever for any failure or malfunction of any garage door opener or other product connected to or activated by the System, including the Device hardware, unless otherwise expressly stated herein.
3.2. Electrical Power. In order to use the System, the Equipment uses electrical power provided by independent electric companies. The electric power provided by the independent providers may have outages from time to time, and during any such outage our System will be unable to operate. if there is an electrical power outage, the equipment will cease to operate during the outage, preventing any communication, collection of data or use of the system. neither Company nor any of its affiliates, suppliers ,or agents shall have any liability whatsoever for any resulting failure or damage to equipment due.
3.3. Third Party Carriers. The Equipment communicates via data service provided by an independent carrier. You are solely responsible for the installation of the System and the Services and for providing the internet connectivity. The data service provided by the independent carrier may fail or go off-line from time to time, and during any such outage our System will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carrier. We are not obligated to provide Services during any such outages. Telecommunication networks are regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.
4. APP STORE TERMS OF SERVICE.
The following terms apply to any Apps accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the System may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
4.1. This Agreement is concluded between you and Company, and not with the App Provider, and that Company (not the App Provider), is solely responsible for the System.
4.2. The App Provider has no obligation to furnish any maintenance and support services with respect to the System.
4.3. In the event of any failure of the System to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the System to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the System. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
4.4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the System or your possession and use of the System, including, but not limited to: (i) product liability claims; (ii) any claim that the System fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4.5. In the event of any third party claim that the System or your possession and use of that System infringes that third party’s intellectual property rights, Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
4.6. The App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the System, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the System against you as a third party beneficiary thereof.
4.7. You must also comply with all applicable third party terms of service when using the System.
5. TERMINATION OR SUSPENSION
5.1. Suspension or Discontinuation of Services. You may terminate your use of the System at any time. We reserve the right to discontinue Services and/or terminate or suspend this Agreement immediately without notice if you fail to pay amounts when due, your payment method is denied or you or any End User breaches this Agreement. In addition, and without limiting the foregoing, you understand that we may stop or suspend Services for any of the following reasons: (a) strikes, severe weather, earthquakes or other such events beyond our control affect the operation of the System, (b) there is an interruption or unavailability of the service connecting the System and the Network, or if the underlying carrier suspends or discontinues service, (c) you do not pay any amounts when due, (d) we are unable to provide Service because of some action or ruling by any cellular carrier, governmental authority or other third party, and (e) for any other reason as determined in good faith by us. In no event will we be liable for any damages or subject to any penalty as a result of us exercising the right to suspend or terminate of this Agreement. Your subscription shall not survive the expiration or termination of this Agreement, but all disclaimers of warranties, limitations of responsibility and liability, exclusions of damages and other remedies, and indemnification rights set forth in this Agreement shall survive its expiration or termination.
6. YOUR ACCOUNT
6.1. Account Access. In order to access and use the System, you must register to create an account (“Account”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Company does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company if you become aware of any unauthorized use of your Account.
6.2. Responsibility for your Account. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account..
6.3. Responsibility for End Users. If you are using the System for use by another person (such as a parent, loved one, client, or customer), that person is considered an "End User" of the Services under this Agreement. All End Users of the Services are third party beneficiaries to this Agreement and are bound by all of the terms herein, including, without limitation, our disclaimer of warranties and limitation of liability. You agree that, whenever this Agreement or our rules or regulations impose any requirement or prohibition on the End User, you will cause all your End Users to comply with such requirement or prohibition and will be responsible for any noncompliance by any such End User. The System is not designed for, nor intended to be used without the knowledge and consent of any End User. You must notify each End User and all other persons who may use the System that they are bound by the terms and conditions of this Agreement and you must also instruct each End User (if you are not the sole End User) on the proper use of the System. You or any applicable End User will use the System only in accordance with this Agreement.
6.4. Your Account Information. You must provide complete and accurate registration and account information when you establish your Company account. You must update this information through your Company account or by calling customer service if there are any changes to this information. You agree that we may disclose your account information to meet the requirements of any governmental agency, independent carrier, or other third party to the extent necessary for the use and operation of the System and for legal and regulatory compliance purposes.
7. Ownership of information submitted via the SYSTEM
7.1. Feedback. If you send or submit to Company creative ideas, suggestions, inventions, or materials (“Feedback”), through the feedback features provided within the System or otherwise, Company shall: (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
8. DISCLAIMER OF WARRANTIES
8.1. DISCLAIMER. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. THE SYSTEM IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. SOME STATES DO NOT ALLOW A LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
9. LIMITATIONS ON LIABILITY
9.1. LIMITATION OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, VENDORS, CONTRACTORS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU, ANY END USER, OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED FOR HEREIN. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS SUCCESSORS AND ASSIGNS, ITS SUBSIDIARIES, AND ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY IN WARRANTY, CONTRACT, NEGLIGENCE, STRICT TORT OR OTHERWISE, REGARDING ANY DEFECTS IN THE DESIGN, DEVELOPMENT, PRODUCTION, OR PERFORMANCE OF THE SYSTEM. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9.2. Loss of Data; Downtime. Company is not responsible for any loss of data or for any other loss or liability related to or associated with your inability to access or use the System.
9.3. Acknowledgement. You understand that: (a) we are not an insurer of the health or personal safety of any End User; (b) the amount you pay to us is based only on the value of the System we provide; (c) notification systems may not always operate properly for various reasons; and (d) it is difficult to determine in advance what portion, if any, of any personal injury or death or property loss would be proximately caused by our failure to perform, our negligence, or a failure of the System or Services. Therefore, you agree that even if a court decides that our breach of this Agreement, a failure of the System, or our negligence caused or allowed any harm or damage (whether personal injury, death or property loss) to you, an End User or anyone in or about the premises where the System is installed, you agree that our total liability shall be limited to the greater of (i) $500 and (ii) the amount paid by you for the Services during the preceding six (6) months. You further agree that this shall be the only remedy regardless of what legal theory (including without limitation, negligence, breach of contract, breach of warranty or product liability) is used to determine that we were liable for the injury or loss. YOU ACKNOWLEDGE AND AGREE THAT IF WE WERE TO HAVE ANY LIABILITY GREATER THAN THE AMOUNTS DESCRIBED IN THIS AGREEMENT, OUR RISK OF LIABILITY WOULD BE TOO GREAT AND WE COULD NOT PROVIDE OUR SERVICES TO YOU. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT. No action arising out of this Agreement, regardless of form, may be brought by you or on your behalf more than one year after the date the cause of action has accrued.
You agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from the System, your use or an End User’s use of the System, or any misuse of the Equipment, fraud, violation of law, willful misconduct by you or any End User, or any breach by you or any End User of this Agreement.
12.1. Severability. If a court of competent jurisdiction finds any provision of this Agreement unlawful or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. You and Company intend that all restrictions on use, disclaimers of warranties, limitations of responsibility and liability, exclusions of damages or other remedies, and indemnification rights of Company in this Agreement shall be upheld and applied to the maximum extent permitted by law.
12.2. Entire Agreement. This Agreement constitutes the entire agreement between you and Company. By entering into this Agreement, you affirm that you are not relying on any other advice, advertisements, or any other representation, promise, condition, inducement, or warranty, express or implied, from any person that is not expressly and specifically set forth in writing in this Agreement. In the event of a conflict between this Agreement and any other communication, request, agreement or order (including any order form not supplied by Company), the terms of this Agreement shall prevail.
12.3. Assignment. We reserve the right to assign this Agreement, in whole or in part, or to subcontract any of our obligations hereunder without notifying you and without obtaining your consent. You may not assign this Agreement, in whole or in part, to someone else (including someone who purchases or rents your premises) unless we approve the transfer in writing.
12.4.1. DISPUTES RELATING TO OR ARISING UNDER THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION PURSUANT TO THE PROCEDURE DESCRIBED HEREIN BELOW. ARBITRATION SHALL OCCUR IN GREENVILLE, SOUTH CAROLINA IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MAY BE INITIATED BY WRITTEN NOTICE FROM ANY PARTY TO THE OTHER OF THE INTENT TO INVOKE ARBITRATION (THE “ARBITRATION NOTICE”), WHICH SHALL BE A COMPULSORY AND BINDING PROCEEDING ON THE PARTIES THERETO. THE PARTIES MUST MAKE A GOOD FAITH EFFORT TO AGREE UPON THE SELECTION OF A SINGLE NEUTRAL AND IMPARTIAL ARBITRATOR TO RESOLVE THE DISPUTE. IF THE PARTIES DO NOT AGREE UPON A SINGLE ARBITRATOR WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE THE ARBITRATION NOTICE IS DELIVERED, EACH PARTY SHALL CHOOSE A NEUTRAL AND IMPARTIAL ARBITRATOR WITHIN TEN (10) BUSINESS DAYS AFTER THE DATE THE ARBITRATION NOTICE IS DELIVERED. THE ARBITRATORS SO CHOSEN SHALL THEN CHOOSE AN ADDITIONAL ARBITRATOR WITHIN FIFTEEN (15) BUSINESS DAYS AFTER THE DATE THE ARBITRATION NOTICE IS DELIVERED. THE ADDITIONAL ARBITRATOR SHALL BE THE CHAIRPERSON OF THE ARBITRATION PANEL. THEREAFTER, THE ARBITRATORS (THE “ARBITRATION PANEL”) SHALL CONSULT AND CONDUCT A HEARING. IF THE ARBITRATION PANEL DOES NOT REACH A UNANIMOUS DECISION, THE CHAIRPERSON SHALL RENDER THE DECISION ALONE.
12.4.2. TIME IS OF THE ESSENCE WITH RESPECT TO SUCH ARBITRATION, AND THE ARBITRATOR(S) SHALL BE INSTRUCTED TO BEGIN THE PROCEEDING, CONDUCT THE PROCEEDING AND RENDER A DECISION AS EXPEDITIOUSLY AS PRACTICABLE. A DECISION CONCERNING A FUNDAMENTAL DECISION DEADLOCK SHALL BE RENDERED WITHIN THIRTY (30) DAYS FOLLOWING FINAL SELECTION OF THE ARBITRATOR OR ARBITRATION PANEL. A DECISION OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING UPON THE PARTIES, AND JUDGMENT MAY BE OBTAINED THEREON BY ANY PARTY BY A COURT OF COMPETENT JURISDICTION. EACH PARTY SHALL BEAR THE COST OF PREPARING AND PRESENTING ITS RESPECTIVE CASE. THE COST OF THE ARBITRATION, INCLUDING THE FEES AND EXPENSES OF THE ARBITRATOR(S), SHALL BE SHARED EQUALLY BY THE PARTIES UNLESS THE AWARD PROVIDES OTHERWISE. IT IS HEREBY AGREED THAT ANY ARBITRATOR SELECTED UNDER THIS PARAGRAPH SHALL HAVE QUALIFICATIONS WHICH SHALL INCLUDE EXPERIENCE WITH PARTNERSHIP/LIMITED LIABILITY COMPANY MATTERS AND TECHNICAL COMPETENCE RELEVANT TO THE SUBJECT MATTER OF THIS AGREEMENT AND THE BUSINESS OF THE COMPANY.
12.5. Waiver of a Right to Jury Trial. You (and each End User) hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or related to this Agreement or the transactions contemplated hereby or thereby.
12.6. Governing Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of South Carolina, as if performed wholly within the state and without giving effect to the principles of conflicts of laws. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any dispute between the parties regarding this Agreement will be subject to the exclusive venue and applicable laws of the state and federal courts located in Greenville County, South Carolina.
12.7. Third Party Beneficiary. You hereby agree that each End User of the System is an intended third party beneficiary of this Agreement. All End Users shall be bound by the terms and conditions of this Agreement and we may enforce the terms and conditions of this Agreement that apply to End Users.
12.8. Notices. If you or we wish to give the other party written notices under this Agreement, they must be (a) in writing, (b) if to you, sent to your email address on file with us (or posted in your Company account if no email address is on file), (c) if to us, sent by overnight courier, certified or registered mail, or other reliable means (with confirmation of delivery) to our principal business address listed on our Site. Notices will be effective upon delivery.
12.9. Electronic Communications. When you use the System or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
12.10. Time Limitation on Claims. To the maxim extent allowed by applicable law, you agree that any claim you may have arising out of or related to your use of the System or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
12.11. Amendments. Company may modify this Agreement at any time and from time to time in our sole discretion by posting on our Site. If Company modifies this Agreement in a way that substantially changes any of your rights hereunder, Company will notify you by email at least thirty (30) days (or such longer period if required by law) prior to any such changes taking effect. Notwithstanding the above, you should periodically review this Agreement carefully in order to make sure that you are aware of the most current terms and conditions for the use of the System, because any use of the System by you after any change to this Agreement, whether or not you have reviewed the amended Agreement, constitutes your acceptance of the Agreement as changed.
12.12. Contacting Us. You can contact us regarding this Agreement or the System by email@example.com.
Privacy Statement and Notice of Privacy PracticesEffective as of May 2nd, 2016
The Company’s proprietary system hereinafter the (“Ryobi Garage Door Opener Module System” or the “System”) includes (A) the web-based and mobile web user interfaces thereto that may be made available by the Company or its affiliates from time to time (“Web Interfaces”), (B) the mobile device applications that may be made available by the Company or its affiliates from time to time for use in connection therewith Mobile Apps, and (C) the firmware, software and functionality that is embedded or contained in, or that may otherwise be provided by (1) a Company Internet Gateway device accessing the Internet through an Ethernet connection to a router (“Gateway”), (2) a Company Wi-Fi Hub device accessing the Internet through a Wi-Fi connection to a router (“Hub”), or (3) any other Company-approved interface device (each of (1)-(3), a “Device”; such firmware, software and functionality, “Device Code”) for use in connection with your garage door opener or other product that is supported by the System. The Company may also provide certain services through the System (“Services”).
III. Information Collected by the Company
1. Information that You Provide to the Company
When you register your Device or you register for the Services, whether through the Website or through the Mobile Apps, or when you subscribe to newsletters or other communications from the Company or its affiliates, or when you send us emails or other communications (such as by filling out a form on the Website), you provide Personal Information to the Company, including, but not limited to, your name, address, zip code, email address, and phone number. In addition, if you enter any contest, sweepstake or other promotion that we may run on the Website, you may provide us with information, including your contact information (such as email address), demographics information (such as zip code, age, or income level) and other information (such as information about your garage door operation usage).
2. Passive Collection of Information by the Company
While you are on the Website, we automatically track information related to your use of the Website. This information may include, among other things, URL tracking information, information about your browser, your IP address, any files you download or view, your path through the Website, the date, time and frequency you spend accessing the Website and the length of time you spend reviewing certain features. We may also track usage through cookies. A cookie is a small data file written to a user’s hard drive. Cookies may be used, among other things, to allow automated log-in and may contain information such as a login ID or other information about your preferences or Internet use.
If you use a Device, the Company may collect information from your Device in order to provide you with the Services, including monitoring your garage door operation and Device status.
In addition, if you use a Mobile App, the Company may automatically collect additional information from you related to your smart phone or other mobile device and your use of the Mobile App, including, without limitation, the numbers of times you access the Mobile App, your unique device identifier, email address, name, geo-location, mobile phone number, and may connect to your text messages or email or your contacts or address book to provide you with the Services. In the event the Company wish to automatically collect geo-location data, offers the ability to receive push notifications or wishes to connect to your text or contact data from you, you will be provided with an opportunity to affirmatively consent to such data collection or permitting the Company access to such data.
IV. Use and Sharing of Information Collected by the Company1. Internal Use
The Company uses the information we collect to improve our marketing and promotional efforts, to statistically analyze usage of the Website, to improve our content and offerings on the Website, to customize the content and layout of the Website.
In addition, the Company may use your Personal Information and other information that we collect from your use of the Website (including any emails you may send us), the Services, your Device and Mobile Apps to provide you with Services, for troubleshooting and maintenance, to communicate with you about your account or Device, to offer you products and services.
The Company may also share your Personal Information and other information we collect from you with third parties that provide us with services in connection with our provision of Services or that are otherwise acting on our behalf, such as hosting providers, call center operators, shippers, servicers, people who analyze data for us, etc.
2. Special Offers
If you register for contests, sweepstakes and other promotions on the Website, your information (including Personal Information) will be used for internal purposes and to provide you with information (including but not limited to information about products or services) that may be of interest to you.
If you choose to participate and provide us with your consent, we may use your information to deliver information that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. We may use your email address, mailing address or phone number to contact you regarding administrative notices.
In addition, to our special offerings your information may be added to the Company's special promotions mailing list in order to provide you with information about the Company's products and special offers, regarding products or services that may be of value to you.
If you choose not to enter any contests, sweepstakes or other promotions on the Website, you may still choose to sign up on the Website to be added to the Company's special promotions list and/or receive promotional material from third parties.
3. Disclosure to Third Parties
The Company may disclose your Personal Information and other information to our affiliates, advertisers or other third parties for marketing and promotional (of which you may opt-out). If you do not opt-out, we may also share your Personal Information and other information with our co-sponsors and business partners. We work with these companies to offer products or services that we believe may be valuable or useful to you. However, even if you opt-out of our sharing, that opt-out does not apply to our sharing of your information (including your Personal Information and any information related to the Services, such as service desk tickets) with our affiliates or with third parties that provide services directly to you, the Company or our affiliates in connection with our provision of the System or the Services. Such third parties may use the information shared with them to provide these services and for marketing, advertising or other purposes, subject to their respective privacy policies.
In addition, the Company may aggregate or combine the data we collect from our users (which does not include your Personal Information) and share it with our business partners and other third parties. This aggregated or combined data may be used by the Company or the third parties for research purposes and for statistical purposes, among other uses.
The Company cooperates with law enforcement agencies in identifying those who use the Website, Mobile App, Device or Services for illegal activities. Therefore, the Company responds to subpoenas, warrants or other court orders regarding information concerning any users. We will, at our discretion, disclose information if we believe we are required to do so by law, believe that such disclosure is necessary to protect us from legal liability or believe we need to do so to protect someone’s safety or the integrity of the Website, Mobile Apps, Device, or Services.
V. Review and Correction of Personal Information
You may review, correct and update certain Personal Information (such as your name and contact information) by contacting the Company though the “Contact Us” section below or by logging in to your account on the Website or through the Mobile App and updating the applicable fields.
You may opt-out of email marketing communications from the Company by either (i) clicking on the “Unsubscribe” link provided in the applicable marketing email and following the directions provided, or (ii) contacting us through the information provided below in “Contact Us”. Note that even if you opt-out, the Company reserves the right to contact you in the event of a service or safety notification or to respond to your communications with us.
1. Children The Website is generally not intended for use by children. We do not knowingly solicit nor collect any Personal Information about children under the age of 13 nor market to them. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. To do so, contact the Company through the information provided below in the “Contact Us” section.
2. Other Sites and Third Parties
3. Non-U.S. Residents
The Company is committed to maintaining the security of the data you provide us. However, please note that there is always some risk in transmitting information over the Internet. Because the Website, the Mobile Apps, the System and the Services are provided through wireless networks and the Internet, when you use the Website, the Mobile Apps, the System or the Services, your communications may be intercepted by others. For this reason, the Company cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and we will not be liable for any lack of security relating to the use by you of the Website, the Mobile Apps, the System or the Services. You agree that you will not hold the Company liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
IX. California Residents: Your California Privacy Rights
California law permits customers of the Company who are California residents to request and receive certain information regarding the Company’s disclosure of Personal Information to third parties for their direct marketing purposes, and your choices with respect to such disclosures. To make such a request, please contact us through the information provided below in “Contact Us.”
X. Contact Us