THIS AGREEMENT CONTAINS BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE PLATFORM.
COPYRIGHTS, TRADEMARKS, AND PATENTS
All content on the Platform (including but not limited to graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws in the United States and around the world. We grant you permission to use the Platform and its contents for your own personal use. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Platform for commercial purposes, whether on behalf of yourself or a third party.
All trademarks, service marks, and trade names are trademarks or registered trademarks of LFK Manufacturing, or other owners that have granted LFK Manufacturing license to use such Marks.
The Platform may enable you and others to submit reviews, ratings, comments, photos, videos, or other content (“User Content”). You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content. You will only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide on the Platform; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content from our Platform for any reason.
You will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any Whirlpool product or service; or promotes commercial activities and/or sales without our prior written consent.
Other than your personal information (e.g., your name, address, and email address), you grant us and our authorized third-party affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any username or social media handle you used when submitting the User Content. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content. You acknowledge that all your User Content may be used and shared by us with third parties.
You may be required to register for an account to access certain Platform services or content. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are also responsible for keeping your account information, including your email address, up to date. You agree to accept responsibility for all activities that occur under your account. We reserve the right, in our sole discretion, to terminate or suspend your account for any reason.
You may use the Platform or your Account only in compliance with these Terms and all applicable laws. You may not use the Platform in any manner that could harm LFK Manufacturing, its affiliates, its brands, or any person or property. In addition, you must not:
- violate or attempt to violate the security of the Platform;
- access Platform data that is not intended for the public
- log on to a server or account which you are not authorized to access;
- probe or test the vulnerability of the Platform, our servers, or our network;
- attempt to interfere with network service, including through viruses, overloading, or crashing of network equipment;
- take any action that imposes, or may impose, an unreasonably large load on our servers;
- forge any data or communications;
- impersonate any third party, LFK Manufacturing, or a LFK Manufacturing employee, or send unauthorized communications on our behalf;
- reverse engineer, decompile or disassemble any software or portion of the Platform or use automated systems to scrape, harvest, copy or monitor any Platform content; or
- attempt to bypass or circumvent any technology or measures we use (or that is used on our behalf) to protect, prevent or restrict access to the Platform.
NOTIFICATION OF COPYRIGHT INFRINGEMENT (THE U.S. DIGITAL MILLENNIUM COPYRIGHT ACT)
If you are a copyright owner and believe that any content on the Platform infringes your copyrights, you may file a copyright infringement notification with us by mail to 5345 N Commerce Ave, Moorpark, CA 93021, USA or per email to firstname.lastname@example.org. In your correspondence
- Identify the copyrighted work that you claimed has been infringed. Describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If applicable, provide a copy of the copyright registration certificate.
- Identify the material that you believe is infringing. Be specific and clear, and provide the material’s URL location. It is best to include screenshots
- Include your contact information, including your address, telephone number, and e-mail.
- Include the alleged infringer’s contact information, if available.
- Include and ensure that the following is true: “I 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.”
- Include and ensure that the following is true: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document (or have a person authorized to act on your behalf sign the document).
Upon receipt of your notification, we may investigate and remove the applicable material at our sole discretion.
WEBSITE AND CONTENT SUBJECT TO CHANGE
While we try to maintain an error-free Platform, we do not guarantee that the Platform content is complete, current, or error-free (including content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience. We try to display product colors as accurately as possible, but colors may appear differently on your screen.
PRODUCT AVAILABILITY AND PRICING
We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service, and sometimes an item shown on the Platform may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time.
In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. “MSRP” prices are the Manufacturer’s Suggested Retail Price, which may differ from the other online or retailer prices in your area. In some cases, intermediate markdowns may have been taken.
If you wish to purchase products or services described on the Platform, you will be asked to supply certain information applicable to your purchase, including credit card and shipping information. You may be able to store your information with your Account, which allows you to make future purchases without re-entering information. You agree to pay all charges incurred by you and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.
We are required by law to collect all applicable sales taxes for all states and municipalities. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment.
We accept all major credit cards: VISA, MasterCard, American Express and Discover. For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed in processing. We reserve the right to cancel any order that does not adhere to these criteria. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.
All billing and registration information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested. Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
LIMITATIONS ON PURCHASES
We are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right to: (1) limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases on the Platform by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
THE PLATFORM — INCLUDING ALL OF ITS CONTENTS, INFORMATION, AND THE MANNER BY WHICH IT OPERATES — IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, CONTENT, AND ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED ON THE PLATFORM OR THE AVAILABILITY OF ANY PRODUCT OR RESULTS THAT YOU MAY OBTAIN THROUGH THE PLATFORM.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF LFK MANUFACTURING, ITS HEIRS, SURVIVORS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
LFK MANUFACTURING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT, OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF LFK MANUFACTURING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LFK MANUFACTURING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE ALSO MADE ON BEHALF OF THE AFFILIATED ENTITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.