TERMS AND CONDITIONS
LIMITED WARRANTY STATEMENT
Techtronic Industries North America, Inc., warrants to the original retail purchaser that this RYOBI™ brand outdoor product is free from defect in material and workmanship and agrees to repair or replace, at Techtronic Industries North America, Inc.’s, discretion, any defective product free of charge within these time periods from the date of purchase.
-Three years if the product is used for personal, family or household use;
- 90 days, if used for any other purpose, such as commercial or rental.
This warranty extends to the original retail purchaser only and commences on the date of the original retail purchase. Any part of this product found in the reasonable judgment of Techtronic Industries North America, Inc. to be defective in material or workmanship will be repaired or replaced without charge for parts and labor by an authorized service center for RYOBI™ brand outdoor products (Authorized Ryobi Service Center).
The product, including any defective part, must be returned to an authorized Ryobi 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. Techtronic Industries North America, 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 outdoor product. Proof of purchase will be required by the dealer to substantiate any warranty claim. All warranty work must be performed by an authorized service center.
This warranty is limited to ninety (90) days from the date of original retail purchase for any RYOBI™ brand outdoor product that is used for rental or commercial purposes, or any other income-producing purpose.
This warranty does not cover any product that has been subject to abuse, misuse, neglect, negligence, accident, the effects of corrosion or erosion, or that has been operated in any way contrary to the operating instructions as specified in this 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.
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 outdoor product or adversely affect its operation, performance, or durability.
In addition, this warranty does not cover: Tune-ups – Spark Plugs, Carburetor, Carburetor Adjustments, Ignition, Filters, Oil Change Wear items – Recoil Starter Rope, Motor Brushes, Alternator Brushes, Cotter Pins, Wheels, a High Pressure Hose, Spray Wand, Nozzles, Trigger Handle, Supply Hoses, Quick Couplers, Gaskets, Valves, Pistons, Pump Valve Assemblies, O-Rings, Water and Oil Seals, Detergent Tanks.
IMPORTANT: Some components not covered under this warranty may still be covered by a separate warranty issued by the engine manufacturer. Please see the Engine Manufacturer Warranty (if any) supplied with this product for further details. The Company will not pay for repairs or adjustments to the Product, or for any costs or labor, performed without the Company’s prior authorization.
Techtronic Industries North America, Inc., reserves the right to change or improve the design of any RYOBI™ brand outdoor product 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 APPROPRIATE THREE-YEAR OR NINETY-DAY WARRANTY PERIOD. TECHTRONIC INDUSTRIES NORTH AMERICA, INC.’S, OBLIGATION UNDER THIS WARRANTY IS STRICTLY AND EXCLUSIVELY LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AND TECHTRONIC INDUSTRIES NORTH AMERICA, 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. TECHTRONIC INDUSTRIES NORTH AMERICA, 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 this Ryobi™ brand outdoor product manufactured by or for Techtronic Industries North America, Inc., and sold in the United States and Canada.
To locate your nearest Authorized Ryobi Service Center, dial 1-800-860-4050.
LIMITED ENGINE WARRANTY
Techtronic Industries North America, Inc. (herein “Techtronic Industries”), warrants that each new engine sold by it will be free, under normal use and service, from defects in material and workmanship for a period listed below from the date of sale to the original retail purchaser. Techtronic Industries’ obligation under this Limited Warranty shall be limited to the repair and replacement, at Techtronic Industries’ option, of any part or parts which upon examination is/are found, in Techtronic Industries’ judgment, to have been defective in material or workmanship. It shall be a condition of Techtronic Industries’ obligation under this Limited Warranty that Techtronic Industries, directly or through one of its Distributors or Service Centers authorized to service the particular engine involved, receive prompt notice of any warranty claim and that the engine or the part or parts claimed to be defective be promptly delivered, transportation prepaid, to such Distributor or Service Center for inspection and repair. All repairs qualifying under this Limited Warranty must be performed by Techtronic Industries or one of its authorized Distributors or Service Centers.
80cc OHV Engines (Private/Residential) Limited 3 year Warranty
80cc OHV Engines (Commercial) Limited 90 Day Warranty
The repair or replacement of any part or parts under this Limited Warranty shall not extend the term of the engine warranty beyond the original term as set forth above.
LIMITATIONS AND EXCLUSIONS: This Limited Warranty shall not apply to:
- Repair required because of prolonged storage including damage caused by old or contaminated fuel in the fuel tank, fuel lines, or carburetor, sticky valves or corrosion and rust of engine parts.
- Repair required due to overheating. (Most often caused by overloaded or clogged or damaged or missing flywheel, fan, inlet air passages, cooling fins, or air shrouds.)
- Dirt or grit related wear caused by improper air cleaner maintenance (most often resulting in worn piston, piston rings, cylinders, valves, valve guides, carburetor, or other internal components).
- Broken or scored parts caused by low oil level, dirty, or improper grade of oil.
- Engine tune-ups and normal maintenance service including, but not limited to, valve adjustment, normal replacement of service items, fuel, and lubricating oil, etc.
- Any engine which has been subject to negligence, misuse, accident, misapplication, or overspeeding.
- Any engine that has been installed, repaired, or altered by anyone in a manner which in Techtronic Industries’ sole judgment adversely affects its performance or reliability.
- Any engine which has been fitted with or repaired with parts or components not manufactured or approved by Techtronic Industries which in Techtronic Industries’ sole judgment adversely affects its performance or reliability.
- Instances when normal use has exhausted the life of a component or an engine.
The customer is responsible for all transportation charges in connection with any warranty work.
Techtronic Industries reserves the right to modify, alter, or improve any engines or parts without incurring any obligation to modify or replace any engine or parts previously sold without such modification, alternation, or improvement.
No person is authorized to give any other warranty or to assume any additional obligation on Techtronic Industries’ behalf unless made in writing and signed by an officer of Techtronic Industries.
THIS WARRANTY, TECHTRONIC INDUSTRIES’ OBLIGATION HERE UNDER, ARE IN LIEU OF ANY OTHER WARRANTIES OR OBLIGATIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HERE-OF. TECHTRONIC INDUSTRIES SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IF YOU HAVE ANY QUESTIONS REGARDING YOUR WARRANTY RIGHTS AND RESPONSIBILITIES, CONTACT TECHTRONIC INDUSTRIES POWER EQUIPMENT AT 1-800-860-4050.
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.
TERMS OF SERVICE
Date Last Modified: May 4, 2017
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE” AND DO NOT USE THE GENCONTROL MOBILE APPLICATION.
The following Terms of Service (“Terms” or “Agreement”) between you (“you” or “your”) and One World Technologies, Inc., doing business as Techtronic Industries Power Equipment, with its principle offices at 1428 Pearman Dairy Road, Anderson, South Carolina 29625 USA (collectively “we”, “us” or the “Company”), describes the terms and conditions on which you may access and use the GENCONTROL inverter generator display mobile application (the “App”) and related services, pages, facilities, or capabilities with the App (collectively with the App, the “Services”). These Terms govern your use of the App and use of any affiliated third-party websites that may contain a link to the Services accessible on the App and operated by the Company. The App and Services also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Company, our products and the Services, “Content”). By accessing any of these Services or Content, you acknowledge that you have read, understood and agreed to be bound by these Terms.
We may amend the Terms from time to time due to changes to the Services or the App, to account for developments under the law, or for any other commercially reasonable reason. Future performance by us of our obligations under these Terms is sufficient consideration for any such amendment. Any amendment will only become effective upon notification to you (by email or by posting on our App) and, if you do not want to agree to any such amendment, you should stop using the App and the Services. PLEASE REGULARLY CHECK THIS SITE TO VIEW THE MOST CURRENT TERMS.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 12 of these Terms below.
Accepting the Terms
By using the App or Services, including the Content, you agree to be bound by this Agreement, whether or not you have registered a product with us or created an account. You may not use any of the Services or the Content or the App, and you may not accept this Agreement if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with the Company.
If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and Personal Information
Description of Services
The App enables a user to interface through the user’s mobile device with GENCONTROL enabled generators. Through the App, the user will be able to read the parameters displayed on the GENCONTROL, to reset generator overload conditions, to cut or resume output power, and to shut down the generator.
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Use With your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and communications provider. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; OR (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
With your consent, we may send promotional and non-promotional push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Third Party Sites
The App and Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the App or Services. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by the Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Your Use of the Services
Your right to access and use the App and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the App and Services for lawful purposes.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that the Company, in its sole discretion, may elect to take. In no event will Company be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Any use or attempted use of the App or Services: (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the App or Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining, screen scraping or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the App and Services, you agree you will not:
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Violate any applicable local, state, national or international law;
- Manipulate or otherwise display the App by using framing, mirroring or similar navigational technology or directly link to any portion of the App;
- Probe, scan, test the vulnerability of or breach the authentication measures of, this App, the Services, or any related websites;
- Use any robot, spider, scraper, deep link or other automated or manual means to access, acquire, copy or monitor this App, the Services, any Content or information on this App;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services or the App; or
- Attempt to gain an unauthorized access to any portion of the Services or the App.
Right to Monitor
The Company does not actively monitors general use of the App or Services under normal circumstances. However, the Company does reserve the right to monitor use at any time as it deems appropriate, in Company’s sole discretion, which monitoring may be used when the Company has concerns about that the user’s activities may be illegal, may subject Company to liability, may violate this Agreement, or are, in the sole discretion of Company, inconsistent with Company’s purpose for the App or Services.
Social Media Sites
The Company may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information you make available to other participants on these social platforms, is subject to terms and conditions of service or use and the privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
OTHER THAN AS EXPRESSLY WARRANTED HEREIN, THE APP AND SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ANY OF OUR AFFILIATE COMPANIES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE APP OR SERVICES. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
Although it is our intention for the App and Services to be available as much as possible, we reserve the right to refuse access to the App or Services to anyone for any reason at any time. Additionally, there will be occasions when access to the App or Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
We will not be liable to you for any modification, suspension, or discontinuation of the App or Services, or the loss of any of your data as a result of your use of the App or Services. You also acknowledge that the Internet may be subject to breaches of security and that the submission of your data or other information may not be secure.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Company or any of its underlying service providers, business partners, third party suppliers and providers and members of our network, account providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as “Company”) be liable FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE APP OR SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE APP OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE APP OR SERVICES; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE APP, SERVICES, PRODUCTS, OR CONTENT, OR ANY OTHER MATTER RELATED TO THE APP, SERVICES, PRODUCTS, OR CONTENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE APP OR SERVICES. IN THE EVENT THAT ANY COURT OR AUTHORITY OF APPROPRIATE JURISDICTION DETERMINES THAT ANY LIMITATION OF REMEDIES, LIABILITIES, OR DAMAGES HEREIN IS UNENFORCEABLE FOR ANY REASON, AND IN ANY EVENT RELATING TO DIRECT DAMAGES, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU ARISING OUT OF, RESULTING FROM, OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE APP AND SERVICES HEREUNDER, IF ANY.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that Company has entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
You (and also any third party for whom you operate an account or activity on the App or Services) agree to defend (at Company’s request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the App or Services or those conducted on your behalf): (i) User Data (defined below) or your access to or use of the App or Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.
Dispute Resolution, Limitation on Class Actions, and Arbitration
This Section 12 includes an arbitration agreement, and an agreement that all claims will be brought in arbitration and only in an individual capacity (and not as a class action or other representative proceeding).
Please read this arbitration agreement carefully.
Subject to the Federal Arbitration Act, South Carolina state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE APP, SERVICES OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply South Carolina law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. COMPANY AND YOU EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Corporation Services Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. Except as otherwise provided herein, all legal and other costs and expenses incurred in connection with the arbitration are to be paid by the party incurring such costs and expenses. We will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Greenville County, South Carolina. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 12 shall survive expiration, termination or rescission of this Agreement.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Company owns or has rights to all intellectual property rights in and to the App, Services and description and information related to the Products (including all derivatives or improvements thereof). All suggestions, enhancements, requests, feedback, recommendations or other input provided by you or any other party relating to the App, Services or Products shall be owned by Company, and you hereby do and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. Any rights not expressly granted herein are reserved by Company.
Excluding the suggestions, enhancements, requests, feedback, recommendations or other input described in the preceding paragraph, you own any data, information or material originated by you that you submit, collect or provide in the course of using the App or Services, including information regarding your social networking connections, followers or other contacts activated through use of the App or Services (“User Data”). Company has no ownership rights in or to User Data; provided, however, that you grant to Company a fully-paid, worldwide license to use, copy, and distribute User Data to the extent necessary for Company to provide the Services and App. You shall be solely responsible for the accuracy, quality, content and legality of User Data, the means by which User Data is acquired and the transfer of User Data outside of Company.
Limited License and App Access; All Rights Reserved
Company hereby grants you a limited license to access and make personal use of the App, Services, and Content, but not to download (other than page caching) or modify the App, Services, or Content, or any portion of the App, Services, or Content, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the App, Services or Content (other than for your internal business use); any derivative use of the App, Services, or Content; or any use of data mining, robots, or similar data gathering and extraction tools. The App, Services, and Content 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 name(s) or service marks without the express written consent of the Company. We (or the respective third party owners of Content) retain all right, title, and interest in the App, and in any Content, Products and Services, including any and all intellectual property rights. Any software applications available on or through the App or Services are licensed, not sold, to you. The Company may assign these Terms or any part of them without restrictions. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under this license, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.
You acknowledge and agree that the availability of the App and the Services obtained through the App may be dependent on the third party from whom you received the App license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the Services and the App, the related content, maintenance, support services, and warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the App and its Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
Apple Sourced Application
If you download the App from the Apple App Store (“Apple Sourced Application”), the following terms also apply to you:
- Acknowledgement of Maintenance and Support: You acknowledge that the Company and not Apple is solely responsible for providing any maintenance and support services with respect to the Apple Sourced Application.
- Warranty: the Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Sourced Application to you and to the maximum extent permitted by applicable law.
- Product Claims: The Company, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the Apple Sourced Application or your possession and use of the Apple Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Sourced Application fails to conform to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar litigation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Apple Sourced Application or your possession and use of that Apple Sourced Application infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact Information: Direct any questions, complaints or claims to: App Developer – GENCONTROL APP, 1428 Pearman Dairy Road, Anderson, South Carolina 29625 or GenControl@RyobiTools.com.
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the App or Services.
- Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of Company or one of its affiliates. The domain name for the App and Services, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Company. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the App and Services are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the App and Services without the prior written authorization of Company.
Except as otherwise expressly stated, all Content appearing on the App and Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.
You may download information from the App or Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the App, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the App will not infringe rights of third parties.
Digital Millennium Copyright Act Policy (DMCA)
The Company respects the intellectual property of others and requires that individuals who visit our App or use our Products and Services do the same. If you believe that any Content on the App or Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately at the address listed below with the following specifics necessary for us to consider and respond to your complaint.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
- Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide to the Company may be shared with third parties, including the person who provided the Company with the allegedly infringing material.
The information specified above must be sent to the Company’s App Developer, whose contact information is as follows:
One World Technologies, Inc., d/b/a Techtronic Industries Power Equipment
Attention: App Developer – GENCONTROL APP
1428 Pearman Dairy Road
Anderson, South Carolina 29625
Neither party shall be responsible for delays or failures in performance resulting from causes beyond the control of such party, including without limitation, any act of God, fire, casualty, delay, or disruption in communications; flood, earthquake, war, strike, lockout, epidemic, destruction or shut-down of production facilities; shortage or curtailment, riot, insurrection, and governmental acts or directives; provided, however, that, in the event of the occurrence of a “force majeure” event as described in this Agreement, the non-performing party shall use all commercially reasonable efforts to meet its obligations as set forth in this Agreement.
No Agency Relationship
Neither these Terms, nor any Content, materials, features, or Products and Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
Governing Law; Jurisdiction; Venue; Severability of Provisions
These Terms are governed by the laws of the State of South Carolina, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Subject to the obligations under Section 12 of these Terms, any legal proceedings arising from or relating to these Terms shall be brought exclusively in the federal or state courts of Greenville County, South Carolina, and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms apply to the maximum extent permitted by law. We both agree that if any provision of these Terms are found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
The App and Services can be accessed from countries around the world and may contain references to services and products that are not available in your country. These references do not imply that the Company intends to announce such services or products in your country. The App and Services are controlled and offered by the Company from its facilities in the United States of America. Those who access or use the App or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you have questions or comments regarding these Terms, please contact us at GenControl@RyobiTools.com.
Mobile Application Privacy Statement and Notice of Privacy Practices
Date Last Modified: May 4, 2017
What Information We Collect About You
- Information You Provide.
The user does not provide any data to the App.
- Non-Personal Data.
When the App is in use we will collect information about the GENCONTROL and associated generator via your mobile device. This data collection only occurs when the App is in use. The data we collect includes time the user is in the App, number of App launches, App crash data, and generator telemetry data (“Data”). The App sends this Data to us via your wi-fi or cellular data connection.
- Geolocation-Based Services and Tracking.
The App does not collect or stores geolocation data.
How We Use the Information That We Collect
We use the Data to identify potential updates and modifications to the App and to assist us in improving our products and to developing better technologies.
How We Share Information with Third Parties
We do not share the information that we collect with third parties. However, we may use or share your information with third parties:
- To respond to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims;
- When we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to our property or the physical safety of any person, or violations of our terms and conditions;
- To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets; or
- As otherwise permitted or required by applicable law.
Contact Us and Privacy Questions
Or send a letter to:
App Developer – GENCONTROL APP
C/O One World Technologies, Inc., d/b/a Techtronic Industries Power Equipment
1428 Pearman Dairy Road
Anderson, South Carolina 29625