Terms of Service

Terms of Use

Effective Date: October 6, 2014

Thank you for visiting or registering for Ryobi Nation, an online service operated by One World Technologies, Inc. d/b/a Ryobi Power Tools ("us", "we", "our" or "Company"). By accessing or using the RYOBITM Phone WorksTM smart device application (the "App"), the web site at RyobiNation.com (the "Site"), or by posting a link to the App or Site from your website, you (the "User") indicate that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use"), whether or not you are a registered member of the App or Site. If you do not agree to abide by these Terms of Use, do not use or access (or continue to use or access) the App or Site.

THESE TERMS ARE NOT INTENDED TO AND DO NOT PROVIDE ANY WARRANTY OR OTHER PROMISES RELATED TO ANY PRODUCTS THAT MAY BE IDENTIFIED OR DISCUSSED ON THIS SITE. ANY AND ALL PRODUCT WARRANTIES, IF ANY, SHALL BE PROVIDED WITH OR AS A PART OF ANY SUCH PRODUCT.

ALL PRODUCTS SHOULD ONLY BE USED AS SPECIFIED IN THE MATERIALS FURNISHED WITH THE PRODUCTS AND SHOULD NOT BE USED IN ANY MANNER OTHER THAN SPECIFIED IN SUCH MATERIALS. YOUR USE OF THE CONTENT ON THE SITE, INCLUDING ANY POSTED USER CONTENT AND ANY PROJECT PLANS, IS AT YOUR OWN RISK.

In addition to these Terms of Use, we have developed a Privacy Policy to explain how user information is collected and used by us. A copy of the Privacy Policy can be found at http://www.ryobitools.com/privacy_policy and it is incorporated by reference into these Terms of Use. Your use or access of the App or Site indicates your acknowledgement and agreement with the Privacy Policy.

Registration

Some features of the App and Site may only be accessible by registering as a user. Upon registering with the App or Site, you represent and warrant to us that: (a) you are over the age of eighteen and have the power and authority to enter into and perform your obligations under these Terms of Use; (b) all information provided by you to us is truthful, accurate and complete; and (c) you shall comply with all terms and conditions of these Terms of Use. As part of the registration process, you will be issued a user name and password. Protect your user name and password from disclosure to others. You are solely responsible for any and all acts and omissions that occur under your user name or password. You may terminate your registration and access to the App or Site by notifying us at the address below of your desire to terminate. We reserve the right to terminate your registration and account at any time without notice and without any liability to you. Termination of your registration does not terminate your obligations to us under these Terms of Use.

Copyrights

Unless otherwise provided, all content on the App, on the Site, and the actual App and Site are owned or controlled by the Company. We authorize you to view and use our materials for your personal use only; provided that you agree to retain (on any copies) all copyright and other proprietary notices associated with any original materials that you download or use from the App or Site. You may not modify the materials on the App or Site in any way or reproduce or publicly display, perform, or distribute, or otherwise use them for any public or external business purpose, except as set forth above. Any product, process or technology described in these materials may be the subject of other intellectual property rights (including patent rights) reserved by us and are not licensed for any purpose hereunder. Unless expressly provided for in these Terms of Use, reproduction of any of our materials for purposes of redistribution or for other than personal use is expressly prohibited.

Trademarks

Registered and common law trademarks and service marks of the Company or any of our licensors may not be copied or used in any manner without written authorization from us.

User Communications and User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, project plans and other content that you submit, upload, publish or display on or through the App or Site, transmit to, or share with us or other users (collectively the "User Content"). You may not post, transmit, or share User Content that you did not create or that you do not have permission to post. You are prohibited from posting or transmitting to or from the App or Site any material that is defamatory, knowingly false, threatening, obscene, profane, or that would otherwise could give rise to civil or criminal liability. You understand and agree that we may, but are not obligated to, review the App and Site, and may delete or remove (without notice) any content or User Content in our sole discretion, for any reason or no reason, including User Content that, in our sole judgment, violates these Terms of Use. We are not responsible for the accuracy, content, or reliability of any User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site, App, or provide to us.

By posting, submitting or otherwise providing User Content to or through any part of the App or Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, practice, translate, excerpt and distribute such User Content for any purpose. Such purposes may include use in the development, manufacturing, and marketing of products and processes, advertising, preparing derivative works, and incorporating into other works. You may remove your User Content from the App or Site at any time. However, you acknowledge that the Company may retain archived copies of your User Content. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Do not send confidential or proprietary information to us through the App or Site. Any User Content you transmit, post or otherwise submit electronically to or through this Site will be deemed non-confidential, except as may be set forth in the Privacy Policy. For the policies related to the collection and use of transactional and personally identifiable information, please see our Privacy Policy referred to herein.

Prohibitions

You agree not to: (a) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the App or Site or any of its content for any purpose or frame the Site; (b) collect or harvest any personally identifiable information from the App or Site, including, without limitation, user names and e-mail addresses; (c) attempt to or interfere with the proper working of the App or Site or impair, overburden, or disable the same; (d) decompile, reverse engineer, disassemble, modify or attempt to discover any App or Site source or object code or any software or other products, services or processes accessible through any portion of the App or Site; (e) use network-monitoring software to determine architecture of or extract usage data from the App or Site; or (f) transfer, sell or assign your user name and/or password or your access to the App or Site. The limitation in (a) shall not apply to public search engine operators using automatic devices to copy content from the App or Site for the sole purpose of creating a searchable index of the App or Site that is available to the public. We reserve the right to revoke this permission at any time.

Linking to Our App or Site

We allow you to link to the home page of our App or Site from any site you own or control that is not competitive with our Site and does not criticize or otherwise injure us, so long as the linking site complies with all applicable laws and does not conflict with our business objectives, as determined by us in our sole discretion. Allowing you to link to our App or Site does not constitute an endorsement of your site or any goods or services you may offer. We reserve the right to prohibit linking to our Site for any reason, in our sole discretion.

Links to Other Sites

The App or Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the App, Site, or any Third Party Content posted on, available through or installed from the App or Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. With respect to those sites and content, we assume no liability, and do not endorse or make any representations about any information, products, or services associated with those sites or content, or any results that may be obtained from using such sites or content. Your access and use of such third party sites and content, and use of any information obtained as a result of that access, is at your sole risk.

Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use the App or Site (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information: (a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) your name, mailing address, telephone number and email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement:

Attention: Privacy Officer
One World Technologies, Inc. d/b/a Ryobi Power Tools
1428 Pearman Dairy Road
Anderson, South Carolina 29625

Mobile

The App and some features of the Site may be available through your mobile device. If you elect to use mobile services from our App or Site, you are responsible for all data charges and fees that may be assessed by your carrier and for insuring the compatibility of the mobile service with your mobile device. By electing to use the mobile services, you consent to our communicating by SMS, MMS, text message or other electronic means with your mobile device.

Disclaimer

We assume no liability or responsibility for any errors or omissions in the content of the App or Site; any failures, delays, or interruptions in the delivery of any content contained on the App or Site; any losses or damages arising from the use of the content provided on the App or Site; or any conduct by users of the App or Site. Furthermore, we are not responsible or liable in any manner for any User Content, Third Party Content, or Third Party Sites posted on the App or Site, whether posted or caused by users of the App or Site, by third parties, or by any of the equipment or programming associated with or utilized in the App or Site, or your use or reliance on any User Content, Third Party Content, or Third Party Sites. We do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the App or Site, or in connection with any User Content, Third Party Content, or Third Party Site.

THE APP AND SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR ANY RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We may make changes to the App and Site, and the information contained within it or any related service at any time without notice. Some information and related services may be out of date or contain inaccuracies or errors. We make no guarantees whatsoever as to the correctness or accuracy of the App or Site or the information presented on or through the App or Site and make no commitment to update or correct the information obtained through or presented on the App or Site.

Limitation of Liability

WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE APP, SITE, RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSED THROUGH THE APP OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP, SITE, AND/OR RELATED SERVICES IS TO STOP USING THE APP, SITE, AND/OR THOSE SERVICES.

Indemnity

You agree to indemnify and hold One World Technologies, Inc. d/b/a Ryobi Power Tools, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the App or Site, your use of the App or Site, your conduct in connection with the App or Site or with other users of the App or Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Controlling Law

These Terms of Use are governed by the laws of the State of South Carolina without reference to conflicts of laws. We control and operate the App and Site from Anderson, South Carolina, United States of America and make no representation that these materials are appropriate or available for use in other locations. If you use the App or Site from other locations, you are responsible for compliance with applicable local laws.

Revisions to the Terms

We may update these Terms by posting such revisions to this page from time to time. You should review this page and the Terms frequently. These Terms may be superseded or extended by express terms in designated additional terms of use notices located on certain pages of the App and this Site.


Web Site and App Privacy Policy

Effective Date: October 6, 2014

One World Technologies, Inc. d/b/a Ryobi Power Tools ("we", "us", "our", or "Ryobi") created this Web Site and App Privacy Policy ("Privacy Policy") in order to ensure the confidence of visitors and customers ("you" or "your") of and to our Web site, RyobiNation (the "Site"), and App, Ryobi Phone Works, to demonstrate our commitment to fair information practices and the protection of privacy, including compliance with California Privacy Rights. This Privacy Policy does not apply to collection of data from sources other than the App or Site.

1. Types of Information Collected

a. Traffic Data Collected. We automatically track and collect the following information when you visit our App or Site, including your: (i) IP address; (ii) domain server; (iii) type of computer; (iv) type of web browser; and (v) other logs (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the App and Site. We also use "cookies" to customize content specific to your interests and to store your password so you do not have to re-enter it each time you visit the App or Site.

b. Personal Information Collected. In order for you to access certain services and to purchase products that we offer via the App or Site, we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include: (i) Contact Data (such as your name, mailing and e-mail addresses); (ii) Demographic Data (such as your city, state, zip code, area code, gender, age, purchase history, income, hobbies and interests); and (iii) Product Ownership Data (such as products you own, product model numbers, serial numbers, and places of purchase). If you communicate with us by e-mail, post messages to our App or Site, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.

2. Uses of Information Collected

We use Contact Data and/or Product Ownership Data to send you information about our company or our products or services, or to contact you when necessary. We will direct electronic communications to your email address. We use your Demographic Data and/or Product Ownership Data to customize and tailor your experience on the App and Site, and to assist us in product development and marketing. We may share your Personal Information with our affiliates. We may also share your Personal Information with third parties as required for them to provide services to us, such as hosting services and marketing services. If you participate in any contests or sweepstakes, we will use your Contact Data to notify you regarding your participation in and/or the winning of the contest or sweepstakes. Your Contact Data may also be used by our retail partners for this same purpose.

3. Sharing of Personal Information

We share Demographic Data and Product Ownership Data with our retail partners and other third parties only on an aggregate basis. We do not share Contact Data with other companies, other than subsidiary or affiliated companies or other companies that are providing us services related to the purpose for which you provided the information.

4. User Choice Regarding Collection, Use and Distribution of Personal Information

You must provide us with your Contact Data and Product Ownership Data in order to register the products you have purchased. You may choose not to provide us with any Demographic Data. In such an event, you can still access and use much of the App or Site; however you will not be able to access and use those portions of the App or Site that require your Demographic Data. If you do not wish to receive information and promotional material from Ryobi, you may select the appropriate "opt-out" option in the product registration process.

5. Confidentiality and Security of Personal Information

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce any terms of use associated with this Site. We take security measures that we consider reasonable and appropriate to protect against loss, misuse and alteration of the information under our control, but given the nature of the Internet, we cannot guaranty the security of the information. Your Personal Information is stored on secure servers that are not legitimately accessible by third parties, except for our third party agents providing the services associated with the App or Site.

6. User Ability to Access, Update and Correct Personal Information

In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit the App or Site, log in and select the "My Profile" option. Through your personal profile you may review and update your Personal Information that we have already collected or elect to deactivate your App or Site account. When you deactivate your account, we will not use your Contact Data to send you additional promotional or marketing material. Once you deactivate your account, neither you nor Ryobi customer service will have access to the information you supplied in the product registration or support request process.

7. Other Limits to Your Privacy

The App and Site contain links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites. We also make galleries, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information. All opinions, ideas, suggestions, and other feedback submitted to our App or Site may be used by us without any restriction and free of charge, and nothing contained in the Privacy Policy shall limit or otherwise affect this.

8. Children's Privacy

We do not knowingly collect or use any personally identifiable information from online visitors under 13 years of age. We do not knowingly allow visitors under the age of 13 to participate in any of our promotions or contests.

9. Business Transition

In the event our company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information.

10. Your California Privacy Rights

Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at:

One World Technologies, Inc.
Attention: Customer Service
1428 Pearman Dairy Road
Anderson, South Carolina 29625

11. Consent to Transfer Information to the United States

The App and Site are operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the App or Site, or providing us with any information, you consent to this transfer and processing of your information in the United States.

12. Updates and Changes to Privacy Policy

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on the App or Site. Any such change, update or modification will be effective immediately upon posting. Therefore, it is important that you periodically review this Privacy Policy.

13. Further Information

If you have comments or questions about our Privacy Policy, you may contact us as follows:

Customer Service: Contact Customer Service

Address:
One World Technologies, Inc.
428 Pearman Dairy Road
Anderson, South Carolina 29625