Last Modified: December 2021
Note: Your warranty rights for the Smart Appliance (exclusive of the Alexa Integration) will continue to be governed by our Limited Product Warranty that comes with the Smart Appliance.
Your use of the Alexa Integration is conditioned upon your acceptance of these Terms. By accepting these Terms, you represent that you are of legal age in your jurisdiction, you are the user of the Smart Appliance (or that the user acts with your permission) and that you and other users authorize communications through the Alexa Integration.
We reserve the right to modify these Terms governing the Alexa Integration by posting an updated version at this location. Your continued use of the Alexa Integration constitutes your acceptance of the latest version of the Terms posted by us.
This Agreement governs our relationship with you solely in connection with your use of the Alexa Integration. Your relationship with Amazon.com Services, LLC (“Amazon”) and the terms governing the Alexa service constitutes a separate agreement solely between you and Amazon. We are not part of your relationship with Amazon.
We reserve the right to modify, update or discontinue the Alexa, in whole or in part, at any time in our sole judgment. We (or Amazon) may update the Alexa Integration or software or firmware in the Smart Appliance remotely without notifying you in advance. We may engage outside contractors to assist with these tasks.
To use the Alexa Integration, you will need to arrange an appropriate internet connection and communication devices and services at your own expense. The Smart Appliance does not include internet communication devices or services and we are not responsibility for the performance or failure of such third-party services or technologies, including any loss or corruption of data or any malware or disruptions that may occur.
If you use the Smart Appliance and Alexa to interact with, download apps or content or make purchases from third party websites or services (“Third Party Offerings”) or communicate or obtain information from those websites or other users (“Third Party Communications”), those interactions are strictly between you and the third party and not with us. Your use of Third Party Offerings and Third Party Communications are governed by applicable terms and privacy policies from those third parties. We do not monitor, control, endorse or incur liability for Third Party Offerings or Third Party Communications, even if we post a link to them. Because we do not control Third Party Offerings, we may not be able to respond to any modification or update to Third Party Offerings that renders them incompatible with our Smart Appliances or Alexa. YOUR USE OF THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO THEM.
THE ALEXA INTEGRATION AND ALL ASSOCIATED SERVICES AND TECHNOLOGIES ARE PROVIDED “AS-IS”, “AS-AVAILABLE” AND WITH “ALL FAULTS”. ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, TIMELINESS, RELIABILITY, CONFORMITY TO SPECIFICATIONS, NON-INFRINGEMENT, INTEGRATION, DATA SECURITY OR OTHERWISE ARE DISCLAIMED.
WE DO NOT REPRESENT OR WARRANT THAT THE ALEXA INTEGRATION WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. IF THE ALEXA INTEGRATION EXPERIENCES ERRORS OR FAILS TO OPERATE TO YOUR SATISFACTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE ALEXA INTEGRATION.
INTERNET TECHNOLOGY CONTINUES TO EVOLVE AND CAN BE VULNERABLE TO MALWARE, CYBER ATTACKS AND SIMILAR DISRUPTIONS. WE MAKE NO WARRANTY CONCERNING THE SECURITY OF THE ALEXA INTEGRATION OR THE AVAILABILITY OF THE SMART APPLIANCE IN THE EVENT OF A SECURITY INCIDENT. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO MODIFY, UPDATE OR DISCONTINUE THE ALEXA INTEGRATION, INCLUDING TO ADDRESS SECURITY THREATS, AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY.
WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS OR PROFITS), WHETHER ASSERTED IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE ARE NOTIFIED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree not to disassemble, decompile or reverse engineer the Smart Appliance or Alexa Integration or to knowingly transmit any computer malware or deliberately destructive code through the Alexa Integration. You agree not to use the Alexa Integration to deliberately cause the malfunction of or damage to the Smart Appliance or any person or property.
This Agreement is governed by the laws of New York without regard to conflicts of law principles. You irrevocably agree to bring any action arising out of or connected to this Agreement or the Alexa Integration exclusively in a court of competent jurisdiction in New York, New York within one (1) year after it arose or be barred. You irrevocably waive trial by jury, any claim to attorney fees and any joinder of claims with other claimants.
If you have any suggestions, ideas, questions or comments concerning the Smart Appliances or Alexa Integration, please contact us from the page of the Smart Appliance on our Website. Any such feedback is received by us without legal or financial obligation of any kind.
Please direct any comments or questions concerning these Terms to: [email protected]