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Liebherr Smart Device Privacy Policy (USA/CA)
Liebherr USA, Co. (referred to as “Liebherr” or “we”) offers high-end refrigeration solutions to customers (referred to individually or collectively as “you”) in the United States and Canada.
This Smart Appliance Privacy Policy (“Privacy Policy”) is for Liebherr customers in the United States and Canada who purchase and operate certain appliances (“Smart Devices”) that may be connected via a SmartDeviceBox (“SDB”) to provide users with an extensive range of services and functions (“Services”). The Services will be provided to you via the Liebherr SmartDevice mobile app. The SDB and Services are referred to collectively herein as the “SDB/Services.”.
This Policy describes the type of information we collect from you, the purpose for which the information is collected, how the information collected is processed, to whom the information is disclosed and for what purpose, and how you can exercise your privacy rights.
I. What functions do the SDB/Services offer?
1. Amongst others, the SDB/Services offer a single sign-on service. After one-off registration and authentication at Liebherr, it allows you to access all the restricted areas and content of the Liebherr offers connected to the single sign-on service (from the participating companies of the Liebherr Group and their authorised dealers or other third parties), by logging on with unified credentials and without having to go through a separate registration process again. The SDB/Services also offer the option of a centralised appliance registration that allows you, for example, to check the warranty period of registered Smart Devices at any time and to use other services that require the registration of Smart Devices without being required to provide further information.
2. After registering for the single sign-on service, the Liebherr SmartDevice mobile app allows you to use various functions in relation to your Smart Devices (for example, to control the temperature of your Liebherr refrigerator and freezer) via your mobile device.
3. In future, we intend making even further offers available to you on the SDB/Services and in the Liebherr SmartDevice mobile app. As soon as a further offer is added to the SDB/Services or in the Liebherr SmartDevice mobile app, we will of course inform you accordingly.
4. Liebherr SmartDevice App functions for Conrad Connect: Conrad Connect is a service of Conrad Connect GmbH that allows you to link the functions of the Liebherr SmartDevice app with various smart devices and apps supported by Conrad Connect. This makes it possible for a certain event (e.g. time) to trigger an action (e.g. activate SuperCool function). The use of Conrad Connect requires a Conrad Connect user account and can be extended with interfaces for additional functions by adding the manufacturer or brand. This connection enables you to control some functions of the Liebherr SmartDevice app via Conrad Connect. For this purpose you need to activate the Liebherr SmartDevice app in your Conrad Connect user account and link it to your MyLiebherr account. With the exception of the date and that you have a Conrad Connect user account and a MyLiebherr account, no personal data will be transmitted by us to Conrad Connect or by Conrad Connect to us.
5. Liebherr SmartDevice App Trigger for IFTTT: IFTTT is a service of IFTTT Inc., which allows you to combine the functions of the Liebherr SmartDevice app with various applications supported by IFTTT. In this way, a particular event (e.g. entering your home) can trigger a specific action (e.g. activating the Supercool feature). To use IFTTT, you will need to activate the Liebherr SmartDevice App Trigger in your IFTTT account and link your MyLiebherr Account to the Liebherr SmartDevice App Trigger. Except for the data indicating that you have an IFTTT account and a MyLiebherr Account, no personal information will be sent by us to IFTTT Inc. or sent by IFTTT Inc. to us.
6. Liebherr SmartDevice app functions for HomeConnect Plus: HomeConnect Plus is an app that allows you to link the functions of the Liebherr SmartDevice app with various smart devices supported by HomeConnect Plus. In this way, a particular event (e.g. entering the home) can trigger an action (e.g. activate SuperCool function). The use of HomeConnect Plus requires a HomeConnect Plus user account and can be extended with interfaces for additional functions by adding the manufacturer or brand. This connection allows you to control some functions of the Liebherr SmartDevice app via HomeConnect Plus. For this purpose you need to activate the Liebherr SmartDevice app in your HomeConnect Plus user account and link your MyLiebherr account. With the exception of the date that you have a HomeConnect Plus user account and a MyLiebherr account, no personal data will be transmitted from us to HomeConnect Plus or by HomeConnect Plus to us.
7. Liebherr SmartDevice App Actions for Google Home: The Google Home Smart Speaker is Google hardware for voice input and output. With the Google Home Smart Speaker voice commands can be analysed, evaluated and executed by Google. The Google Home Smart Speaker devices require a Google user account to function and can be extended with interfaces for additional features by adding so-called “actions". The Liebherr SmartDevice app actions allow you to control some functions of the Liebherr SmartDevice app via your Google Home Smart Speaker device through voice commands. This requires you to activate Liebherr SmartDevice app actions in your Google account and link your MyLiebherr Account to these actions. Through this link, voice commands given by you can be interpreted by Google and sent to the Liebherr SmartDevice app for execution via an anonymous digital signature. Except for the data indicating that you have a Google account and a MyLiebherr Account, no personal data will be sent by us to Google or by Google to us.
II. What type of information do we collect and for what purposes are we processing the information provided?
In order to provide you with the SDB/Services we collect certain information from you. We collect two types of information: Personal Information and Other Information. “Personal Information” is information that identifies you specifically as an individual, such as your name or email address. “Other Information” is information that does not reveal an individual’s specific identity or does not directly relate to an identifiable individual, including information that has been de-identified or aggregated.
1. Log files
a. When you access the SDB/Services, the web browser of your device transmits the following data in particular to our web server, which we store in so-called log files:
• Date of access
• Time of access
• URL of the referring website
• File retrieved
• Amount of data transferred
• Browser type and version
• Operating system
• Domain name of your Internet access provider
• IP address
We process this data to be able to detect, trace and prevent instances of misuse of SDB/Services and thereby ensure data security on our web servers.
b. We generate error reports in the Liebherr SmartDevice mobile app if you enable this feature in the Liebherr SmartDevice mobile app. The error reports contain a crash log file that contains the following data in particular:
• Local information about your Smart Device and SDB (for example, the technical configuration of your Smart Device and the version number of your SDB)
• Communication data between your Smart Device, the SDB and our web servers (for example, the connection status of your WLAN and your user principal name “UPN”)
• Time of the error and the configuration of your Liebherr SmartDevice mobile app (for example, the status of special functions such as SuperCool and SuperFrost)
We process error reports for the purpose of error analysis and improvement of the functionality of the SDB/Services.
2. Cookies and other technologies
We use cookies and other technologies in connection with the provision of our website. For further details about our cookie usage, please see our cookie information.
3. Master data of your MyLiebherr user account
a. In order to use the SDB/Services, a MyLiebherr user account is required. When creating a MyLiebherr user account (registration), you are obliged to provide the following information:
• Email address
• Access password
In order to prevent misuse and misunderstandings, you need to activate your MyLiebherr user account after completing the registration process. In order to do so, we will send you an email with an activation link to the email address that you provided. Your MyLiebherr user account is activated by simply clicking the activation link in the email.
Subject to you having given us your express consent, we process your email address and the information that you voluntarily provided during registration for advertising and information purposes; specifically, to provide you with information about products and offers as well as other advertising information (for example, competitions and newsletters) via email. Your consent is not a precondition for creating a MyLiebherr user account. If you do not give your consent, we will not use your data for advertising and information purposes. You have the right to revoke your consent at any time with effect from the date of your revocation. The revocation of your consent will not affect the legality of the processing carried out on the basis of your consent until the revocation.
b. If you connect a SDB to your Liebherr SmartDevice mobile app, we add the following data to your MyLiebherr user account:
• Serial number of your Liebherr appliance
• Model of your Liebherr appliance
• Serial number of your SmartDeviceBox
We process this data in order to be able to provide the services and functions of the SDB/Services.
c. No further personal data is stored in your MyLiebherr user account, unless you volunteer such information.
4. Your device data
The Liebherr SmartDevice mobile app requires access to certain functions and your Smart Device data for you to be able to use the Liebherr SmartDevice mobile app. In order to do so, you need grant certain permissions on your mobile device. The categories of permissions are defined differently by the manufacturers of the mobile device. On Android, for example, the individual permissions are grouped in permission categories and you can only agree to the permission category as a whole. We however only use the permissions authorised by you to the extent described below:
• Memory (photos/media/files)
The Liebherr SmartDevice mobile app needs to access the memory to save the required media content on your mobile device for the Liebherr SmartDevice mobile app to function.
• Information about the WLAN connection
The Liebherr SmartDevice mobile app needs to access the WLAN connection information of your device to connect the SDB to the Liebherr SmartDevice mobile app.
• Retrieving data from the Internet and network connections
The Liebherr SmartDevice mobileapp needs to access the Internet and your network connection to be able to make the functions of the Liebherr SmartDevice mobile app available to you via our web server.
• Push notifications
The Liebherr SmartDevice mobile app needs to access push notifications so that prioritised messages, such as alerts or reminders, can be displayed on your device.
We process the data of the above-mentioned permissions to be able to provide you with the services and functions of the SDB/Services.
5. Machine data of your Smart Device and usage data of your Liebherr SmartDevice mobile app
a. In order to use the functions of the Liebherr SmartDevice mobile app, in particular the functions “Appliance control”, “Alarm message” and “Reminders”, the Liebherr SmartDevice mobile app needs to access the machine data of your Smart Device and the usage data of your Liebherr SmartDevice mobile app. The machine data consists of all the operating values and statuses of your Smart Device that are communicated, for example, by the temperature, speed, voltage and door-contact sensors. The usage data is all the data generated by the interaction with your Liebherr SmartDevice mobile app, such as the temperature and special settings, e.g. SuperFrost and SuperCool, that you made. The “Appliance control” function allows you to access the appliance status of your Smart Device (for example, the set temperature and the status of the special functions) via your Liebherr SmartDevice mobile app. The “Appliance control” function also allows you to control the temperature of your Smart Device and special functions, such as SuperFrost and SuperCool, via your Liebherr SmartDevice mobile app. The “Alarm message” function notifies you of critical temperatures, for example, in the event of a power failure or if the door of your Smart Device has been left open. The “Reminder” function sends you messages about events that you have predefined, for example, a reminder to replace the air filter.
b. We process the machine data and usage data in order to provide you with the functions of the SDB/Services (especially the functions “Appliance control”, “Alarm message” and “Reminder”).
III. Who has access to your information?
Your information will be collected and processed by our employees for the aforementioned purposes within the scope of administrative processes, accounting, marketing, promotional activities, customer service, IT system management, research and development, market research and advertising, as outlined in this Policy. We may share your information with other Liebherr entities for business and operational purposes.
Your information will only be disclosed to third parties where this is necessary for us to fulfil our obligations to you. When using the “one-click customer service access” feature, your information will be transmitted to one of our service partners, if this is necessary for the order to be processed. Unless you have provided your contractual partner with consent indicating otherwise, the data will be transmitted from us to your contractual partner for the sole purpose of implementing the contract entered into between you and your contractual partner.
Please furthermore note that some of the information provided by you may be disclosed to legal bodies or local public authorities. The type of information we are legally required to disclose may relate to criminal investigations or government tax reporting requirements, and we may be required to disclose your Personal Information to authorities pursuant to a legal proceeding or court order. Such disclosure will, however, only occur if we are under a legal obligation to provide the information.
Your Personal Information may be disclosed in situations where we are legally permitted to do so, such as in the course of employing reasonable and legal methods to enforce your rights or to investigate suspicion of unlawful activities. We may release certain Personal Information when we believe that such release is reasonably necessary to protect the rights, property and safety of ourselves and others.
In addition, we may also disclose your Personal Information in connection with reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including accounts) for the purpose of evaluating and/or performing the proposed transaction (including in connection with any bankruptcy or similar proceedings). These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets. Our successors and assigns may collect, use and disclose your Personal Information for substantially the same purposes as those set out in this Privacy Policy. In the event the transaction does not go through, we will require, by contract, the other party or parties to the transaction not to use or disclose your Personal Information in any manner whatsoever for any purpose, and to return or destroy such Personal Information.
IV. What are your choices regarding the information provided?
We provide you with a number of choices regarding your information, including:
• Receiving notifications: You may choose to receive notifications either via email and/or per message through the Liebherr SmartDevice mobile app when you sign up for the SDB/Services. You may select which notifications to receive. You can configure your notification settings in the “Administration/Notifications” area of the Liebherr SmartDevice mobile app.
• Receiving marketing communication: If you have consented, we may, from time to time, contact you with communications regarding our products or services. These communications may involve product information, marketing or promotions, research, and/or other topics. To contact you, we may use the information you provide when you sign-up for a user account, including email, direct mail or phone. If you no longer wish to receive advertising materials and information from us, simply unsubscribe from our distribution list by following the instructions included in any of the messages you receive. Alternatively, you can contact us using the information provided in the “Contacting Liebherr” section below.
• Deleting the connection between your Smart Device and SDB/Services: If you want to permanently delete the connection between your Smart Device and the SDB/Services, simply log in to your user account at the Liebherr SmartDevice mobile app and delete the relevant appliance from the “My appliances” area or the Smart Devices overview. Alternatively, you can contact us using the information provided in the “Contacting Liebherr” section below.
V. California residents: Your California privacy rights
If you are a California resident, you may have the right to request and receive information about disclosure of your Personal Information to third parties for their direct marketing purposes. Because it is our policy not to share your Personal Information with third parties for third-party direct marketing purposes without your consent, we are exempt from the requirement to respond to such requests. If you have any questions about our compliance with this requirement, please contact us using the information provided in the “Contacting Liebherr” section below.
VI. Use of SDB by children under the age of 13
Our website, the SDB/Services and the Smart Devices are aimed at the general audience and we do not generally seek to, nor do we knowingly collect, information from children under the age of 13. We do not seek, and we request that such individuals do not provide Personal Information through our website, the SDB/Services to set up a user account.
VII. What Other Information (non-Personal Information) do we track?
1. Use of Google techniques
How can I prevent the storage of Google technology (cookies)?
If you do not want Liebherr USA, Co. to collect and analyse data about your visit, you can object to this at any time with future effect (so-called “Opt-Out”), even if you have previously consented.
For the technical implementation of this objection, an “Opt-Out cookie” will be set in your browser. This cookie is only used to signify your objection. Please note that for technical reasons “Opt-Out cookies” can only be used for the browser from which they are set. If you erase cookies or use another browser or device, you will need to opt out again.
You can install the “Opt-Out cookie” directly here. Alternatively, you can download and install the browser plug-in available under the following link
What is Google Analytics?
Liebherr US, Co. uses Google Analytics, a web analytics service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google") (hereinafter referred to as “Google” or “Google Analytics”). Google Analytics uses cookies that are stored on your device to analyse your use of this website, the Myliebherr online portal and the MyLiebherr App. The information generated by the cookie about your use of the website, the MyLiebherr online portal or the MyLiebherr App is usually stored by Google on servers in the United States.
On behalf of Liebherr USA, Co., as the operator of the website, the MyLiebherr online portal and the MyLiebherr App, Google will use the above information to evaluate your use of the website, the MyLiebherr online portal and the MyLiebherr App to compile reports on activity and to provide Liebherr USA, Co. with other services related to usage and internet usage. These purposes also constitute our legitimate interest in data processing. The legal basis for the deployment of Google Analytics is Article 6 (1) (f) GDPR. The IP address provided by your browser as part of Google Analytics will not be merged with any other Google information. You can prevent the storage of cookies through the corresponding settings in your browser software; however, we would like to point out that in this case you may not be able to use all functions of the website, the MyLiebherr online portal and the MyLiebherr App in full.
You may also prevent Google from collecting the data (including your IP address) generated by the cookie in relation to your use of the website, the MyLiebherr online portal or the MyLiebherr App, as well as from processing such data with effect for the future, by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout. Further information on how Google uses data as well as options regarding settings and opting out can be found in Google’s privacy policy: https://policies.google.com/technologies/ads.
2. Use of YouTube plugins
We use at least one plugin from YouTube, part of Google Inc., based in San Bruno/California, USA. If you visit our website, the SDB/Services or the Liebherr SmartDevice mobile app equipped with a YouTube plugin, a connection will be established with the YouTube servers. The YouTube server will be notified of the specific page on our website, the SDB/Services or the Liebherr SmartDevice mobile app that you have visited. Furthermore, if you were logged in to your YouTube account, you would enable YouTube to directly assign your surfing activity to your personal profile. You can prevent this assignment by logging out of your account before accessing our website, the SDB/Services or the Liebherr SmartDevice mobile app. Further information about the collection and use of your data by YouTube can be found in the data privacy information at www.youtube.com.
3. Links to other websites
Our website, the SDB/Services or the Liebherr SmartDevice mobile app may also contain links to other websites. We are not responsible for the content of these websites or how they handle your data. Please independently determine how the applicable websites handle your data.
4. Incorporation of third-party services and content
Third-party content, such as maps from Google Maps, RSS feeds or graphics from other websites, may sometimes be incorporated into our website, the SDB/Services or the Liebherr SmartDevice mobile app. For this to be possible, the providers of such content (“third-party providers”) must be able to identify the user’s IP address. Without this, they are unable to send the content to the user’s browser. The IP address is therefore necessary to display this content. We endeavor to only use content from third-party providers who solely use the IP address to deliver the content. However, we have no influence on whether the third-party providers store IP addresses, e.g. for statistical purposes. If we are aware that this is occurring, we notify users.
VIII. How long and where is your information stored by us?
Your Personal Information is stored until the point at which the purposes outlined in this Policy have been achieved. This is generally the point at which you delete your user account and there is no legal justification for your Personal Information to be stored by us beyond that point.
Your Personal Information is stored on servers located in Germany and Ireland. If you are a resident of another country, you acknowledge and agree that your Personal Information may be processed, used, stored or accessed in Germany and Ireland and will be, as the case may be, subject to the laws of Germany and Ireland, and that the laws of Germany and Ireland may differ from the laws of the country in which you reside. If you are a resident of the European Union, please use the applicable European Union websites. This website is intended only for the residents of United States and Canada.
IX. Contacting Liebherr
If you have any questions about this Privacy Policy, please contact us by by writing to Liebherr USA, Co., Division Refrigerators and Freezers Division, 15101 NW 112th Ave. Hialeah Gardens, FL 33018, USA; or by e-mail to Refrigeration.us@liebherr.com.
X. Updates to this Policy
We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. In the event of any changes to this Privacy Policy that materially impact your rights or obligations, we will notify you either through electronic communication, posting a notice on our website or in another method that is appropriate in the circumstances. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it and to whom we disclose it. Your continued use of our website, the DSB/Services or the Liebherr SmartDevice mobile app after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.
Last Updated: May 2021
Liebherr Smart Device Terms of Service (USA/CA)
1. INTRODUCTION
Thank you for choosing Liebherr. In this Agreement, “Liebherr” or “we” refers to Liebherr USA, Co. and “you” refers, individually and collectively, to the registered user(s) of the Liebherr Smart Devices.
Liebherr and our affiliates have developed certain appliances (“Smart Devices”) that may be connected via a SmartDeviceBox (“SDB”) to provide users with an extensive range of services and functions (“Services”). The Services will be provided to you via the Liebherr SmartDevice mobile app. The SDB and Services are referred to collectively in this Agreement as the “SDB/Services.”
Please read these Liebherr Smart Device Terms of Service carefully. Together with the (i) terms and conditions (including warnings and warranty limitations) included in the sales documentation and operating instructions (“Operating Instructions”) for the particular Smart Devices; (ii) any additional terms and conditions that may be posted by Liebherr through the SDB/Services from time to time; and (iii) the Liebherr Smart Device Privacy Policy to our customers in the United States and Canada, as the same may be amended from time to time (the “Privacy Policy”), which are incorporated into these Terms of Service, they comprise the entire agreement between you and Liebherr with respect to your use of and access to the SDB/Services (the “Agreement”). It is your responsibility to read these Terms of Service and the additional terms and policies referred to above carefully, including any amendments or modifications we may post through the SDB/Services or otherwise provide to you from time to time.
You may use the SDB/Services only with Smart Devices owned by you or which you have been authorized to use in accordance with the terms and conditions of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS (“ARBITRATION AGREEMENT”). THE ARBITRATION AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ACCESS OR USE THE SDB/SERVICES UNLESS YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE UNDER THE AGE OF 18 (OR THE LEGAL AGE TO ENTER INTO THIS AGREEMENT IN YOUR JURISDICTION), IN ORDER TO ACCESS OR USE THE SDB/SERVICES, YOU MUST HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT AND SUCH PARENT OR GUARDIAN MUST HAVE EXPRESSLY AGREED TO BE LIABLE FOR ANY USE OF THE SDB/SERVICES OR SMART DEVICE BY YOU. YOU MAY NOT ACCESS OR USE THE SDB/SERVICES OR ANY SMART DEVICE IF YOU ARE UNDER THE AGE OF 13, EVEN IF YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT.
BY CHECKING THE BOX, CLICKING “I AGREE”, OR ACCESSING OR USING THE SDB/SERVICES, YOU AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SDB/SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SDB/SERVICES.
2. MY ACCOUNT
(a) Account Creation / Management.
(i) General. In order to use the full extent of the SDB/Services, you must create an SDB/Services user account and activate the connected functionality of the Smart Device. By creating an SDB/Services account and entering your Smart Device’s Serial Number in the SDB/Services account, the Smart Device will automatically be registered with Liebherr for product warranty purposes.
(ii) Create Your User Account. To create an SDB/Services user account, complete the account set-up process via the SmartDevice mobile app. Liebherr will automatically transfer and store your user account data and any other data necessary to provide the Services on our website at . You agree to accurately furnish all contact and other information requested by Liebherr and to notify Liebherr immediately of any change in the information. You must choose a password for your account and maintain the confidentiality of your password. Liebherr encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters and numbers and keyboard symbols) with your account. The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk. We may reject, or require that you change, any user name, password or other information that you provide to us during the account set-up process. Your user name and password are for your personal use only. You are solely responsible for the activity that occurs on your account. You, and not Liebherr, are responsible for any use or misuse of your account, user name, or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your SDB/Services account. You may never use another user’s account without permission, act in a way that interferes with another user’s use of the SDB/Services or solicit another user’s password. Liebherr will not be liable for any losses caused by any unauthorized use of your account.
(iii) Connecting to Smart Devices. To access and use the connected functionality of a Smart Device through the SDB/Services, you must add the Smart Device to your SDB/Services account by following the instructions at home.myliebherr.com or as provided by the SDB/Services.
(iv) Internet and Mobile Usage. Smart Devices use your Internet connection to provide you with the connected functionality of the Smart Device. As such, to use the SDB/Services you must have a working wireless Internet connection at the location of your Smart Device. Use of the SDB/Services and receipt of notifications via your mobile device requires use of your mobile data connection, so you must purchase an appropriate data plan from your mobile service carrier in order to receive such notifications or use such SDB/Services. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the SDB/Services. Please consult your Internet service provider’s or mobile service carrier’s pricing plan terms and policies to determine applicable data charges (including text messaging charges if applicable), allotments and limitations, restrictions such as permissible uses, and other terms and conditions of service. Liebherr is not responsible for any overage or other charges or actions that your Internet service provider or mobile service carrier may take against you for using data or the network in violation of your Internet service provider’s or mobile service carrier’s terms and policies. To avoid data charges (including text messaging charges if applicable) relating to use of the SDB/Services, stop using and uninstall the SDB/Services from your mobile device and disable all notifications through your SDB/Services account. If you wish to avoid any additional data charges from your Internet service provider relating to use of the SDB/Services and/or Smart Devices, stop using the SDB/Services and Smart Devices and de-provision your Smart Device from your wireless router in accordance with the instructions in the applicable Operating Instructions.
(v) Transfer of Smart Device. You may sell, loan or transfer your Smart Device to someone else. However, if you sell, loan or transfer your Smart Device to another person: (1) you agree to notify such person that the Smart Device is a Smart Device and is subject to the terms and conditions of this Agreement; and (2) you must promptly remove the Smart Device from your SDB/Services account or delete your SDB/Services account. Upon such sale, loan or transfer of a Smart Device, you agree to not attempt to access or use the Smart Device or interfere with any access to or use of the Smart Device.
(vi) Deactivation or Deletion of Your Account. You may delete or deactivate your SDB/Services account at any time at home.myliebherr.com. However, if you choose to keep your Smart Device connected to your Wi-Fi router after you deactivate your account, your Smart Device will continue to transmit data to Liebherr unless you disconnect your Smart Device from your Wi-Fi router. While deactivating your SDB/Services account will stop you from receiving further Smart Device notifications, it will not automatically opt you out of receiving other communications from Liebherr (as per the Liebherr Smart Device Privacy Policy). You may change your communications preferences to stop receiving certain communications from us as described in the Privacy Policy.
(b) Privacy / Security. By using the SDB/Services, you consent to the collection, use, disclosure and sharing of data as set forth in the Privacy Policy. Data stored as part of the services offered through the SDB/Services, on the SDB/Services, or on a Smart Device, transmitted over the Liebherr networks, or stored by Liebherr or its service providers may be deleted, modified, or damaged, and Liebherr is not responsible for any such deletions, modifications or damage. Liebherr is committed to maintaining the security of the data you provide us and will take reasonable organizational, technical and administrative measures to protect your personal information. However, the SDB/Services and related services are provided through wireless networks and the Internet, and there is always some risk in transmitting information over the Internet. For this reason, Liebherr cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of the SDB/Services or any Smart Device by you. You agree that you will not hold Liebherr liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
(c) SDB/Services Features & Functionality.
(i) General. You can download the Liebherr SmartDevice mobile app from a third-party app store and install it on a compatible mobile device.
(ii) The “Appliance control” function of the Liebherr SmartDevice mobile app allows you to control the temperature of your Smart Device via the SmartDevice mobile app and, if available for the respective Smart Device, to control special functions, such as SuperCool and SuperFrost.
(iii) The “Notifications” and “Reminders” function allows you to receive information about events in respect of your Smart Device, such as alarms (door alarm, critical temperature, power failure) and reminders about replacing air filters.
(iv) In addition, the Liebherr SmartDevice mobile app offers the option of contacting a Liebherr service partner.
(d) Updates to SDB/Services / Smart Device. Over time, the software within the Smart Device that supports the features of the Smart Device, as well as features and functions that are enabled within the SDB/Services, will change as our business and technology evolve. New features and functions may be added, and others deleted or modified. You agree that Liebherr may update, modify, or discontinue the SDB/Services (in whole or in part) or any features or functions within the SDB/Services or Smart Device, at any time, in Liebherr’s sole discretion. In order to provide you with a more seamless user experience, we may update or modify the SDB/Services or Smart Device remotely without notifying you in order to ensure the safe and proper operation of the SDB/Services (e.g., bug fixes), and you consent to such updates or changes by Liebherr.
(e) Changes to Agreement / Notices. Smart Devices will continue to evolve. As such, we may need to update or modify the terms of this Agreement. We may change this Agreement by notifying you of the changes by any reasonable means, including by posting a revised Agreement through the SDB/Services. When we make a material change to the terms and conditions of this Agreement, you will be notified of the revised terms when you first attempt to access the SDB/Services after the changes have become effective. You will not be able to access or use the SDB/Services until you review and click to accept the revised terms. The revised terms will not apply to any dispute between you and Liebherr arising prior to the date on which you accepted those revised terms. You will not be notified of non-material changes to this Agreement except by an amendment to the “Last Updated” legend above, which indicates when this Agreement was last changed. Your continued use of the SDB/Services following any changes to this Agreement will constitute your acceptance of those changes. Notices to you regarding the subject matter of this Agreement (including notices of changes to this Agreement) may be made via posting to the SDB/Services or by e-mail (including in each case via links), or by regular mail. You may not change, supplement, or amend this Agreement in any manner.
3. USE OF THE SDB/SERVICES.
(a) Acceptable Use Policy. You may use the SDB/Services and Smart Device only in compliance with the terms and conditions of this Agreement, and all local, state, national, and international laws, statutes, rules and regulations applicable to your use of the SDB/Services and/or Smart Device (“Laws”). You may not use the SDB/Services or Smart Device in any manner that could harm Liebherr, its service providers or any person or property. In addition, in connection with your use of the SDB/Services and Smart Device, you must not:
(i) Use the SDB/Services to post, transmit or otherwise make available through or in connection with the SDB/Services any materials that are or may be: (1) threatening, violent, dangerous, hateful, harassing, degrading, intimidating, or otherwise fail to respect the rights and dignity of others; (2) defamatory, libelous, fraudulent, or otherwise tortious; (3) obscene, indecent, pornographic, or otherwise objectionable; (4) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; or (5) otherwise unlawful.
(ii) Post, transmit or otherwise make available through or in connection with the SDB/Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
(iii) Collect or attempt to collect information about users of the SDB/Services.
(iv) Interfere with or disrupt the operation of the SDB/Services or the servers or networks used in connection with the Smart Devices, including by hacking or defacing any portion of the SDB/Services or violating any requirement, procedure, or policy of such servers or networks.
(v) Impersonate any person, business, entity, or IP address (e.g., IP spoofing).
(vi) Gain or attempt to gain unauthorized access to a Smart Device’s firmware or software, including by reverse engineering firmware or installing firmware not approved by Liebherr (except where the restriction is expressly prohibited by applicable law).
(vii) Frame or mirror any portion of the SDB/Services, or otherwise incorporate any portion of the SDB/Services into any product or service, without Liebherr’s express prior written consent.
(viii) Systematically download and store SDB/Services content, or alter, damage, or delete any content provided by Liebherr.
(ix) Use any robot, spider, SDB/Services search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather SDB/Services content, or reproduce or circumvent the navigational structure or presentation of the SDB/Services, without Liebherr’s express prior written consent.
(b) Service Limitations.
(i) General. Because your Smart Device communicates with Liebherr by transmitting information wirelessly and over the Internet, the availability of the SDB/Services and connected functionality of the Smart Device are subject to certain limitations. You agree that the SDB/Services are subject to limitations and restrictions outside Liebherr’s control, which include such things as wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, mobile device and operating system limitations, and other factors associated with the use of the Internet or with satellites and satellite data. You may only use the SDB/Services in the United States and Canada. The SDB/Services are controlled or operated (or both) from the United States and are not intended to subject Liebherr to any non-U.S. or non-Canadian jurisdiction or law. The SDB/Services may not be appropriate or available for use in some non-U.S. and non-Canadian jurisdictions. We may limit the SDB/Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
(ii) Responsible Usage. You must use the SDB/Services and the Smart Device responsibly. You are solely responsible for using the SDB/Services and Smart Device in accordance with this Agreement and the applicable Operating Instructions. You acknowledge that the Smart Devices and the SDB/Services are designed for personal, family and household use and not commercial use. Without limiting the notices, warnings and additional exclusions set forth in the Operating Instructions for the Smart Devices, neither Liebherr, our affiliates, any of our respective shareholders, directors, officers, employees, agents, or representatives (our affiliates and all such other persons, “Affiliated Persons”), nor any contractors, licensors, suppliers or any other party involved in creating, producing, or delivering the SDB/Services and connected functionality of the Smart Device will be held liable for the accuracy, completeness or timeliness of the materials or content provided as part of the Smart Device or the SDB/Services; the results obtained through any connected functionality of the Smart Device or the SDB/Services; or any improper, incorrect or commercial use of the SDB/Services or Smart Device. The Smart Device error code notifications are not intended to replace regular, recommended maintenance of your Smart Device as indicated in the applicable Operating Instructions. The SDB/Services are provided to you as a convenience and are not a substitute for safe, responsible use of your Smart Device. You should not rely on the SDB/Services (including any error notifications) as a means to prevent accidents, damage, fire, or other hazards. IT IS YOUR RESPONSIBILITY TO OPERATE YOUR SMART DEVICE SAFELY AND TO MAINTAIN YOUR SMART DEVICE IN GOOD WORKING ORDER AND IN COMPLIANCE WITH THE APPLICABLE OPERATING INSTRUCTIONS. FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR SMART DEVICE, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.
(c) Compliance with the Agreement. You are solely responsible for your use of the SDB/Services and compliance with this Agreement, as well as for the use and compliance by all users of your Smart Device and users of your SDB/Services account, whether or not authorized by you. You agree to make all other users of your SDB/Services accounts and Smart Devices aware that their use is subject to this Agreement.
(d) Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Liebherr, its Affiliated Persons (as defined in Section 3(b)(ii)), and their respective licensors, suppliers and service providers (the “Indemnified Parties”) from and against all claims, demands, damages, losses, costs and expenses (including attorneys’ fees or reasonable legal fees and expenses, as applicable) arising out of, or connected to, (i) your use of, or activities in connection with, the SDB/Services (including all User Content); and (ii) any violation or alleged violation of this Agreement by you. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.
(e) Paid Products or Services. The SDB/Services are provided free of charge (excluding the purchase price of the Smart Devices and the SmartDeviceBox). However, Liebherr may allow you to purchase products or services from Liebherr (“Products”) within the SDB/Services or to participate in programs or utilize particular features or services for which a charge may apply. Liebherr will make any applicable pricing and payment terms available to you prior to implementing any paid services or offering any Products for purchase through the SDB/Services.
(f) Third Party Offerings. Through your use of certain features of the SDB/Services, you may be able to access or interact with materials, products or services made available by individuals or entities other than Liebherr (“Third Party Offerings”). These SDB/Services features may allow for the transmission of Third Party Offerings to you, including via links. By using these features of the SDB/Services, you are asking us to access, route and transmit to you the applicable Third Party Offerings and to transmit your information and data to the Third Party Offerings to enable you to use or obtain the Third Party Offerings. We neither control nor endorse, nor are we responsible for, any Third Party Offerings, including their accuracy, integrity, quality, legality, usefulness or safety. Liebherr has no obligation to monitor Third Party Offerings, and may block or disable access to any Third Party Offerings (in whole or part) through the SDB/Services at any time. SINCE LIEBHERR IS NOT THE PROVIDER OF THE THIRD PARTY OFFERINGS, YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT AND THE PRIVACY POLICY DO NOT APPLY TO YOUR USE OF ANY THIRD PARTY OFFERINGS. YOUR USE OF THIRD PARTY OFFERINGS (INCLUDING BY LINKING ANY THIRD PARTY OFFERINGS TO YOUR SMART DEVICE OR ANY SDB/SERVICES) IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO THE THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICY OF THE PROVIDERS OF THE THIRD PARTY OFFERINGS).
4. INTELLECTUAL PROPERTY
(a) User-Provided Content. The SDB/Services may contain features that allow you and other users to make available certain content and materials, including, without limitation, text, voice recordings and images (“User Content”) through or in connection with the SDB/Services. We may (but have no obligation to) monitor, evaluate, alter or remove User Content before or after it appears on the SDB/Services. We may disclose any User Content and the circumstances surrounding its transmission to anyone to the extent as necessary to provide you with any of the features of the SDB/Services. Liebherr has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of any User Content. For purposes of clarity, you retain ownership of your User Content. For all User Content provided by you, you grant to us and our affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, adapt, modify and otherwise use and exploit the User Content to the extent as necessary to provide you with any of the features of the SDB/Services. You represent and warrant that you have all rights necessary to grant the licenses granted by you in this section, and that your User Content and your provision of User Content through or in connection with the SDB/Services, is complete and accurate, and does not violate any applicable Law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law under any legal theory. IF YOU CHOOSE TO MAKE ANY OF YOUR USER CONTENT (INCLUDING ANY PERSONAL INFORMATION) OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SDB/SERVICES, YOU DO SO AT YOUR OWN RISK.
(b) Customer Comments. We always appreciate hearing from our customers regarding our products and services. If you provide us with any ideas, proposals, suggestions or other materials relating to the SDB/Services, any Smart Device, or Liebherr’s other products or services (“Feedback”), we may use the Feedback in any manner for any purpose without restriction or compensation, and you acknowledge and agree that the Feedback is not confidential, and that your provision of the Feedback is gratuitous and unsolicited, and does not place Liebherr under any fiduciary or other obligation. By submitting Feedback, you represent and warrant to Liebherr that you have all necessary rights in and to the Feedback, to provide the Feedback to us and all information it contains, and that the Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information or material.
(c) License; Liebherr’s Proprietary Rights.
(i) Limited License. Subject to your compliance with Paragraph 2(a)(v) (Transfer of Smart Device), this Paragraph 4(c)(i) (Limited License), and Paragraph 4(c)(ii) (Additional License Restrictions; Retention of Rights), and solely for so long as this Agreement remains in effect, we grant you, a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to install and use the Liebherr SmartDevice mobile app on a smartphone, tablet, or other device that you own or control solely in conjunction with the use of the SDB/Services for personal, family and household use.
(ii) Additional License Restrictions; Retention of Rights. The Services - with exception of the SDB - are licensed (not sold). Liebherr and its licensors retain all right, title, and interest in and to the Services; all content and other subject matter contained in or made available through the SDB/Services; and all related intellectual property rights. Except for the limited rights granted to you in Paragraph 4(c)(i), you obtain no rights in or to the Services under this Agreement or any content or other subject matter made available through the SDB/Services. You may not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the SDB/Services, except as expressly authorized in this Agreement. You may not reverse engineer, decompile or disassemble any portion of the SDB/Services, provided that to the extent the foregoing prohibitions are expressly prohibited by applicable statutory law, Liebherr will retain the maximum protection available against reverse engineering, decompiling, or disassembly under applicable law. You also may not remove any patent, copyright, trade name, trademark, service mark, logo or other proprietary rights notice from the SDB/Services.
(iii) Marks. All trade names, trademarks, service marks and logos on the SDB/Services are the property of their respective owners. You are not granted any rights to use any trade names, trademarks, service marks or logos on or in the SDB/Services under this Agreement.
(d) Copyright Infringement Claims. 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 in good faith that materials available on the SDB/Services infringe your copyright, you (or your agent) may send to Liebherr a written notice by mail or e-mail, requesting that Liebherr remove the material or block access to it. If, in good faith, you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Liebherr a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Liebherr USA, Co. as follows: By mail to Liebherr USA, Co., Division Refrigerators and Freezers, 15101 NW 112th Ave. Hialeah Gardens, FL 33018, USA; or by e-mail to Refrigeration.us@liebherr.com.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
5. LEGAL NOTICES.
(a) Disclaimer of Warranties. WE ARE NOT PROVIDING ANY WARRANTIES RELATING TO THE SDB/SERVICES, PRODUCTS OR THIRD PARTY OFFERINGS. NO WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, IS MADE REGARDING ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED IN THE SDB/SERVICES OR THE RESULTS THAT YOU MAY OBTAIN THROUGH THE SDB/SERVICES. THE SDB/SERVICES, ANY AND ALL PRODUCTS AND THIRD PARTY OFFERINGS, AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SDB/SERVICES, PRODUCTS AND THIRD PARTY OFFERINGS ARE MADE AVAILABLE TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LIEBHERR DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE SDB/SERVICES AND ANY PRODUCTS AND THIRD PARTY OFFERINGS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF LIEBHERR, ITS AFFILIATED PERSONS (AS DEFINED IN PARAGRAPH 3(b)(ii)), AND LIEBHERR’S AND EACH AFFILIATED PERSON’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS. SOME FEDERAL, STATE, AND PROVINCIAL LAW, OR THE LAW OF OTHER APPLICABLE JURISDICTIONS MAY NOT ALLOW OR MAY LIMIT EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee that the SDB/Services are or will remain updated, complete, correct or secure, or that access to the SDB/Services will be uninterrupted. Liebherr makes no warranties or representations as to the accuracy, completeness, or timeliness of the materials or content provided as part of the SDB/Services. The SDB/Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized modifications to the SDB/Services. If you become aware of any such modifications, contact us at Refrigeration.us@liebherr.com with a description of the modification and its location on the SDB/Services.
(b) Limitation of Liability. LIEBHERR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SDB/SERVICES OR FOR ANY DAMAGES FOR LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF USE OF THE SDB/SERVICES, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, LOSS OF OTHER INTANGIBLES, OR UNAUTHORIZED ACCESS TO OR USE OF THE SDB/SERVICES, YOUR DATA OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF LIEBHERR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WITHOUT LIMITING THE FOREGOING, LIEBHERR WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SDB/SERVICES OR FROM ANY PRODUCTS OR THIRD PARTY OFFERINGS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SDB/SERVICES OR ANY PRODUCTS OR THIRD PARTY OFFERINGS IS TO STOP USING THE SDB/SERVICES, PRODUCTS OR THIRD PARTY OFFERINGS. THE MAXIMUM AGGREGATE LIABILITY OF LIEBHERR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SDB/SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO LIEBHERR TO USE THE SDB/SERVICES, OR $100.00, WHICHEVER IS GREATER. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF THE AFFILIATED PERSONS (AS DEFINED IN PARAGRAPH 3(b)(ii)), AS WELL AS LIEBHERR’S AND EACH AFFILIATED PERSON’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
(c) Export Controls. You are responsible for complying with United States, Canada and foreign export controls and for any violation of such controls. You represent, warrant and covenant that you are not (i) located in, or a resident or a national of, any country subject to a U.S. government or Canadian government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government or Canadian government lists of restricted end users.
(d) Advice or Information. Advice or information provided by Liebherr, its Affiliated Persons or its representatives, whether oral or written, will not create any representation, warranty, or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation and indemnity provisions, and you may not rely upon any such advice or information.
(e) Release. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF LIEBHERR AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, ATTORNEY’S FEES, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SDB/SERVICES.
6. GOVERNING LAW; DISPUTE RESOLUTION.
As used in this Article 6: “You” and “Your” mean the registered user(s) of the SDB/Services appliances, and all of his/her heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, assigns, as well as all authorized and unauthorized users or beneficiaries of services under this or prior agreements between us; and “We” and “Our” will mean Liebherr and will be deemed to include all of its representatives, subsidiaries, affiliates, agents, employees, directors, officers, predecessors in interests, successors, assigns.
READ THE FOLLOWING CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
(a) Governing Law. This Agreement is and will be governed by and construed under the laws of the Commonwealth of Virginia, U.S.A., without regard to its principles of conflicts of law, and regardless of Your location.
(b) Information / Complaints. If you have a question or complaint regarding the SDB/Services, please contact us by writing to Liebherr USA, Co., Division Refrigerators and Freezers Division, 15101 NW 112th Ave. Hialeah Gardens, FL 33018, USA; or by e-mail to Refrigeration.us@liebherr.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
(c) Arbitration.
(i) This Arbitration clause is intended to be broadly interpreted. Except where prohibited by law, it applies to any and all claims, disputes, or controversies of any nature whatsoever whether in contract, tort or otherwise, including but not limited to statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with the SDB/Services or this Agreement including any claims relating to the validity, scope, interpretation, breach or enforceability of this Agreement and claims that may arise after the termination of this Agreement (all of which are collectively referred to herein as “Claims”).
(ii) Except where prohibited by law, You and We agree that any and all Claims are to be arbitrated by a single arbitrator. NOT APPLICABLE TO RESIDENTS OF QUEBEC.
(iii) In the event that You intend to commence an arbitration, You must first notify Liebherr by contacting Liebherr USA, Co., Division Refrigerators and Freezers Division, 15101 NW 112th Ave. Hialeah Gardens, FL 33018, USA (“Notice”) and attempt to resolve Your Claim. If We and You do not reach an agreement to resolve your Claim within 30 days after Notice has been provided, You or We may commence an arbitration in accordance with this Agreement.
(iv) An arbitration commenced pursuant to this Agreement will be administered and governed by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). To the extent there is any inconsistency between the terms of this Agreement and the AAA Rules the provisions of this Agreement will apply. The AAA Rules, forms and information are available online at www.adr.org, or can be obtained by calling the AAA at 1-800-778-7879. Unless We and You agree otherwise, any arbitration hearing(s) will take place in Newport News, Virginia or, in the case of residents of Quebec, the seat of arbitration will be Toronto, Ontario. All statutes of limitation that would otherwise be applicable to an action in a court of law shall apply to any arbitration proceeding under this Agreement.
(v) This Section shall not prevent either you or us from (1) seeking a temporary restraining order or temporary or preliminary injunctive relief from a court of competent jurisdiction in order to protect our rights under this Agreement, (2) joining the other party in any litigation or proceeding commenced by any third party against you or us in which the other party is an indispensable party or potential third party defendant, or (3) filing suit in a court of competent jurisdiction for the sole purpose of obtaining an order from the court to compel arbitration pursuant to this Section. In the event you or we seek such injunctive or other such judicial relief or pursuit of provisional or ancillary remedies, that action will not constitute a waiver of the provisions of this Section requiring arbitration, which shall continue to govern any and every dispute between you and us under this Agreement, including without limitation the right to damages, permanent injunctive relief and any other remedy, at law or in equity.
(vi) In any proceeding, the substantially prevailing party will be entitled to recovery of its filing, administration, service, case management, arbitrator and hearing fees and reasonable attorneys’ fees from the other party.
(d) Class Action Waiver. EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right You may have to bring or participate in a Claim as a class, collective, or representative proceeding in court or before an arbitrator. Further, unless both You and We agree in writing, the arbitrator may not consolidate Your claim with another person’s claim, and may not otherwise preside over any form of a representative or class proceeding. THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.
(e) Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT COUNSEL, WAIVE, RELINQUISH AND FOREVER FORGO THE RIGHT TO A TRIAL BY JURY in any action or proceeding based upon, arising out of, or in any way relating to this Agreement or the SDB/Services, whether sounding in contract, tort or otherwise, and regardless of what relief is sought. If this waiver is ineffective as to one or more causes of action for any reason, this waiver will remain effective as to all other causes of action.
7. GENERAL TERMS
(a) Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any attempted transfer or assignment in violation of this provision will be null and void.
(b) Entire Agreement This Agreement and all other terms and conditions referenced in this Agreement constitutes the entire agreement between you and us relating to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(c) Force Majeure. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
(d) Interpretation. Any heading, caption or article, section, or paragraph title contained in this Agreement is for convenience only, and in no way defines or explains any provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.”
(e) Promotions. Any sweepstakes, contests or similar promotions (collectively, “Promotions”) made available through the SDB/Services may be governed by rules that are separate from this Agreement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
(f) Relationship of the Parties. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
(g) Severability / Waiver. If any provision of this Agreement or portion of a provision is held to be unlawful, void or for any reason unenforceable in a particular case or jurisdiction, that provision (or portion of the provision), to the extent required, will be severed from this Agreement in that case or jurisdiction, as the case may be, but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement and will not affect the validity and enforceability of the Agreement as a whole in other cases and jurisdictions. No waiver, express or implied, by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.
(h) English and French Language. The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
(i) Term and Termination. This Agreement is effective until terminated. We may terminate or suspend your use of the SDB/Services and any or all of the connected features of the Smart Devices enabled through or in conjunction with the SDB/Services at any time and without prior notice, irrespective of any breach of any provision of this Agreement. Upon any such termination or suspension, all rights and licenses granted under this Agreement, including your right to use the SDB/Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections/Paragraphs 2(a)(v), 2(a)(vi), 2(b), 3(a), 3(b)(ii), 3(d), 3(f), 4(a), 4(b), 4(c)(ii), 4(c)(iii), and 4(d) and Articles 5, 6, 7, and 8 will survive expiration or any termination of this Agreement.
8. ADDITIONAL TERMS FOR CERTAIN MOBILE APP USERS.
(a) Apple Users. In addition to your agreement with the foregoing terms and conditions, and notwithstanding any other provision of this Agreement that may be construed to the contrary, the following provisions apply with respect to your use of any version of the SDB/Services compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the SDB/Services. Apple is not providing any warranty for the SDB/Services except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the SDB/Services and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the SDB/Services, including any third-party product liability claims, claims that the SDB/Services fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the SDB/Services, including those pertaining to intellectual property rights, must be directed to Liebherr in accordance with Section 6(b). In the event of any third party claim that the SDB/Services or the end-user’s possession and use of the SDB/Services infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim. The license you have been granted under this Agreement is limited to a non-transferable license to use the SDB/Services on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the SDB/Services, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Last Updated: December 2019
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Liebherr USA, Co.
Division Refrigerators and Freezers Division
15101 NW 112th Ave.
Hialeah Gardens, FL 33018
USA
Tel.: +1 305 817-7500
Fax: +1 305 817-7504
E-Mail: refrigeration.us@liebherr.com
