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SmartHQ Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AS WELL AS ALL OTHER POLICIES DESCRIBED IN THE SITE.

GE Appliances, a Haier company (“GEA”), is the operator of this website(the “Site”) although software, hosting, other functions, Site content, advertisements, goods and services being offered for sale or links to other Websites may be provided by unaffiliated third-party service providers (“Service Providers”), affiliates of GEA, or other companies with a business relationship with GEA (“Business Partners”). GEA’s Affiliates, Service Providers and Business Partners are intended to be third party beneficiaries of these Terms of Use. The Site is not directed to children under 13 years of age. Children under 13 years of age may not use the Site to submit any individually identifiable information about them.

We may change these Terms of Use from time to time without further notice. Your continued use of the Site after any of these Terms of Use have been changed constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use the Site or download materials from it.

GEA, its Affiliates, Services Providers and Business Partners may terminate, modify, remove, suspend or discontinue any aspect of the Site, including the availability of any features, at any time.

  1. PROPRIETARY RIGHTS.

Copyrights. GEA, its Affiliates, Service Providers and Business Partners reserve copyrights in all of the content of the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, and other files and their selection and arrangement (the “Content”). The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without GEA’s prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory to GEA, its Affiliates or Service Providers, provided that you keep all copyright or other proprietary notices intact and that you do not transfer any Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any other Internet, Intranet or Extranet site or to incorporate Content in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on the Site, please contact GEA for more information.

Trademarks. Trademarks of GEA, its Affiliates, Service Providers and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of GEA. All page headers, customer graphics, button icons, and scripts are services marks, trademarks and or/or trade dress of GEA, its Affiliates, Service Providers or Business Partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of GEA. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the Site are the property of their respective owners.

Patents. Some of GEA’s products and processes and those of its Affiliates, Service Providers and Business Partners used on the Site may be covered by one or more patents and are subject to other trade secret and proprietary rights. GEA, its Affiliates, Service Providers and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes of GEA, its Affiliates, Service Providers or Business Partners.

Software. Any software, including any files, images generated by the software, code and data accompanying the software (collectively, “Software”), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to GEA, its Affiliates, Service Providers and Business Partners. GEA, its Affiliates, Service Providers and Business Partners retain full and complete title to all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

  1. CONDUCT WHILE USING THE SITE.

In using the Site, you agree not to:

(a) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;

(b) disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;

(c) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;

(d) use or attempt to use another’s account, service or system without authorization from GEA or a Service Provider, or create or use a false identity on the Site;

(e) transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

(f) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and

(g) divulge your username or password to others either on or off the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on the Site. The Site is controlled and operated in the United States..

  1. ONLINE COMMUNITIES AND OTHER INTERACTIVE AREAS.

The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone. GEA and its Service Providers reserve the right, but do not have the obligation, to remove any materials they deem objectionable without any notice to you. You agree to hold harmless GEA, its Affiliates, Service Providers and Business Partners from all third-party claims based upon communications made, materials posted, or any other use you make of the Site. You also agree to hold harmless GEA, its Affiliates, Service Providers and Business Partners from all claims you make based upon communication made, materials posted, or use of the Site by any third party or parties.

  1. ONLINE COMMUNICATIONS.

Except as otherwise provided in our Privacy Policy you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such information to GEA, its Affiliates, Service Providers and Business Partners by any means you grant to GEA, its Affiliates, Service Providers and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use, reproduce, display, publicly perform, transmit and distribute such Information in any media for any purpose.

  1. PRIVACY STATEMENT AND SMS TERMS & CONDITIONS.

The SmartHQ Privacy Statement, incorporated by this reference, describes the type of information GEA, its Affiliates and Service Providers collect when you visit the Site and how they use that information. Please review our Privacy Policy for more information. GEA’s SMS Terms and Conditions, incorporated by this reference, includes information on how to opt in or opt out of receiving mobile alert updates or notices. Please consult our SMS Terms and Conditions page for more information.

  1. PRODUCT AND SERVICE INFORMATION.

All content available through the Site, including but not limited to data, quotes, status reports, technical drawings, configurations, order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your needs of any product or service available through the Site. Specifications for products and services are subject to change without notice, and GEA, its Affiliates, Service Providers and Business Partners reserve the right to make changes to processing, materials or configuration without notice. They do not guarantee that products listed in online catalogs will be available at the time of your order. All information on the Site is subject to the disclaimers of Section 8 below.

  1. LINKS AND THIRD-ARTY CONTENT.

Links to Other Websites. The Site may from time to time contain links to other websites or other Internet information sources (“Third-Party Sources”). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by GEA of, or responsibility for, third parties or the linked Third Party Sources or any content, services or products available on or through such Third-Party Sources.

Third-Party Content. The Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither GEA, nor its Affiliates, Service Providers or Business Partners shall have any liability whatsoever to you for any such third-party material, data or information.

  1. DISCLAIMERS.

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. GEA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. GEA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. GEA MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT NEITHER GEA, THE SERVICE PROVIDERS NOR AFFILIATES CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, GEA, THE SERVICE PROVIDERS AND AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. GEA, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES GEA, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

GEA, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS, ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF GEA, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THEIR LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.

GEA, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. LIMITATIONS OF LIABILITY.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GEA OR ITS PARENT, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN GEA FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

  1. GENERAL.

Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, and the federal laws of the United States of America, without giving effect to conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Kentucky for any disputes arising from or related to the Site or these Terms of Use.

Other. These Terms of Use are not intended to alter the terms or conditions of any other agreement you may have with GEA, its Affiliates, Service Providers or Business Partners to the extent that those agreements govern issues other than your use of the Site, nor any agreements that they may have with one another.

English Language. You agree that there shall be no requirement to translate any of the Sites, or any portion thereof or content thereon, into any other language than the one(s) in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.

Resale. Purchasing for resale is prohibited.

Enforceability. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of the Site must be filed within one year after it arose or be permanently barred.

Dispute Resolution.  Any disputes or claims arising out of or in connection with this Agreement, or your use of the GE Appliances Store or purchase of GEA products or services shall be governed by Delaware law.  All disputes arising hereunder, including any disputes involving third parties, shall be arbitrated, except for claims by GEA for breach of confidentiality.  Unless otherwise specified or prohibited by law, the specific manner of arbitration shall be as follows: disputes with amounts in controversy under $3,500 shall be arbitrated by the Better Business Bureau in accordance with their rules and procedures. Disputes with amounts in controversy above $3,500 shall be referred to the Center for Public Resources in accordance with their rules and procedures. Each party shall bear its own costs and expenses.  For purposes of claims brought by GEA against you, such as for credit card misuse, dishonored checks, breaches of confidentiality, etc., you consent to jurisdiction in the Commonwealth of Kentucky.

  1. INTERNATIONAL USAGE.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States.

IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS SITE

These terms were last updated November 2019.