Flooring

Privacy Notice–United States and Canada

Privacy notice to our customers in the United States and Canada – Last Updated: May 31, 2018

Whirlpool Corporation and Whirlpool Canada LP, and Whirlpool’s brands, which include Whirlpool^®, Maytag^®, KitchenAid^®, Jenn-Air^®, Amana^®, Gladiator^®, Roper^®, Estate^®, EveryDrop^®,Swash^®, Inglis^®, Affresh^®, and Speed Queen^™(Canada only) (together “Whirlpool”, “we” or “us”), values your trust, and if we collect or use information about you, we will do so in a manner consistent with this Privacy Notice. This Privacy Notice describes how Whirlpool will collect, use, and share Personal Information (as defined below) and applies to customers in the United States and Canada. Certain specialized services offered by Whirlpool, such as the Whirlpool Smart Appliance Mobile Apps And Services, have their own websites and are governed instead by their own privacy notices that can be viewed on those websites.

By using a website operated by us which displays this Privacy Notice (a “Website”), you are agreeing to the collection, use, and disclosure of your information as described in this Privacy Notice. We offer you choices about the use of your Personal Information, as described in the “Your Rights: Choice and Access” section below.

This page describes how Whirlpool Corporation and its brands handle information we learn about customers in the United States.

I. INFORMATION WE COLLECT INCLUDING OUR USE OF TRACKING TECHNOLOGIES

Your contact information, your payment and billing information, your Whirlpool account information, including your preferences, and your product and ownership information. We also collect your IP address, the type of browser and operating system you use; and other information about your use of our Websites. We or our third party vendors may use cookies and other tracking technologies to recognize you when you visit our Websites. You can delete these cookies using your browser’s help file.

We collect two types of information: Personal Information and Other Information. “Personal Information” is information that can be used to identify you as an individual. “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. Personal Information

Information You Provide to Us. When you sign up for a Whirlpool account, contact us, sign up to receive communications from us , submit your product registration, or enter a sweepstakes or contest entry (either online or offline), we may ask you to provide your Personal Information, which may include:

Your contact information, such as your name, email address, mailing address, and phone number
Your billing information, such as your credit card number and billing address
Your Whirlpool account information, including your user name, account number, and a password
Your product and ownership information
Your preferences, such as product wish lists, order history, and marketing preferences

Information Provided From Third Parties. We may also receive Personal Information about you from third-party sources, including commercially-available sources, social media platforms, and providers of third-party products or services, and combine such Personal Information with other Personal Information that we have collected.

2. Other Information

Usage Information. Whirlpool and its business partners and service providers may use a variety of technologies that automatically or passively collect information about how you interact with our Websites ("Usage Information"). Usage Information may include: (i) your IP address, which is a unique set of numbers assigned to your computer by your Internet Service Provider (ISP) (which, depending on your ISP, may be a different number every time you connect to the Internet); (ii) the type of browser and operating system you use; and (iii) other information about your online session, such as the URL you came from to get to our Websites and the date and time you visited our Websites. In addition to using this information from our log files to better understand how our Websites are used, we may use this information to troubleshoot technical problems, maintain online safety and security, and if necessary, prohibit or restrict access to our online services.

The technologies used to collect Usage Information include but are not limited to:

Cookies. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies to improve your experience on our Websites, such as to allow you to return to the Website more easily, hold your shopping cart, or save your language preferences. Our third party service providers and business partners may also use cookies and other tracking technologies to collect Other Information from visitors to our Websites.

We use both session ID cookies and persistent cookies:

A session ID cookie expires when you close your browser. We use session cookies to make it easier for you to navigate our Websites.
A persistent cookie remains on your hard drive for an extended period of time. We set a persistent cookie to store your account settings so we can identify you the next time you visit or enable some functions on our Websites. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Websites.

You can delete cookies by following the directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use our Websites, but your ability to use some areas of our Websites may be limited.

Local Storage/Local Shared Objects. We use Local Shared Objects (LSOs) such as HTML5 or Flash on our Websites to store content information and preferences. Third parties with whom we partner to provide certain features on our Websites or to display advertising based upon your web browsing activity use LSOs such as HTML5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here.

Web Beacons. Web beacons are tiny electronic image files that can be embedded within a web page or included in an e-mail message, and are usually invisible to the human eye. When we use web beacons within our web pages, the web beacons (also known as “clear GIFs” or “tracking pixels”) may tell us such things as: how many people are coming to our Websites, whether they are one-time or repeat visitors, which pages they viewed and for how long, how well certain online advertising campaigns are converting, and other similar Website usage data. When used in our e-mail communications, web beacons can tell us the time an e-mail was opened, if and how many times it was forwarded, and what links users click on from within the e-mail message. Based on this information, we can adjust the content, products, services, and promotions we provide you to better meet your interests, as well as make you aware of Whirlpool products, services, and/or special offers in which you may be interested.

De-Identifying or Aggregating Information. We may de-identify or aggregate Personal Information to create other Information. For example, we may aggregate Personal Information to calculate the percentage of our users who use our Websites within a particular zip code/postal code.

II. HOW WE USE INFORMATION

We use your information to: confirm and fulfill your order, provide customer service – including product maintenance and troubleshooting, and to send you marketing communications.

Personal Information. We use Personal Information to provide and support our products and services, for troubleshooting and maintenance (including for warranty purposes), to communicate with you about your account or appliance (including for product service and warranty issues), to improve our products and services, and, if you have consented, to send you marketing communications, to conduct surveys, for research and development, and to offer you products, services, and customized offers from our various brands and from selected third parties.

Other Information. We may use Other Information for any purpose, unless prohibited by law. Where Other Information is combined with Personal Information, we will treat this combined information as Personal Information as long as it is combined.

III. DATA SHARING

We may share your Personal Information with our affiliates and service providers, and as required by law, to enforce our rights, or in connection with a business transfer. We will share your Personal Information with third party advertising partners only with your consent.

We may share Other Information, such as de-identified or aggregated data and Usage Information, with third parties. We may also share your Personal Information as disclosed at the time you provide your information, and in the following circumstances:

With Our Affiliates. We may share your Personal Information with Whirlpool’s family of affiliated companies and brands for the purposes described in this Privacy Notice.
With Our Service Providers. We may share your Personal Information with our third-party service providers to allow them to provide services to us (such as data analysis, surveys, data hosting, information technology, payment processing, customer support, warranty services, email delivery, and auditing).
With Third Party Advertising Partners. With your consent, we may share your Personal Information with other trusted third parties to allow them to send you marketing communications about their own products and services.
Public Posts. When you post comments or content (such as reviews or recipes) on message boards, blogs, or other interactive features made available through or in connection with our Websites, we may share your name, city, and state with the other users of those interactive features. We urge you to be very careful when deciding to make any of your Personal Information, or any Other Information, publicly available through the Websites. With and through third-party social media platforms, if you choose to use social media features such as the Facebook Like button and widgets, such as a share button or interactive mini-programs that we may offer on our Websites, these features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
Legal Disclosure: We also may use or disclose Personal Information or Other Information as we believe necessary: (1) if we determine a policy violation has occurred, or to enforce our terms of service; (2) if we believe such disclosure is necessary to identify, contact, or bring legal action regarding injury or interference with the rights and property of Whirlpool or its affiliates, including, but not limited to, to enforce our right against unauthorized access or attempted unauthorized access to our information technology assets or against other inappropriate use of our Websites, products, or services; (3) to comply with laws, regulations, court orders and subpoenas or similar requests for information by authorities, or as required by law; (4) to protect your safety and the safety of others; and (5) to assist us in fraud prevention or investigation.
Business Transfer. We may disclose Personal Information or Other Information in connection with a reorganization, merger, sale, joint venture, assignment, transfer of other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

IV. INTEREST-BASED ADVERTISING

We use cookies and other technologies to recognize you on third party websites so that we can display targeted ads and other content that is tailored to your interests. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). You can opt-out by visiting http://www.aboutads.info/choices/ [(for U.S. residents) or Digital Advertising Alliance of Canada (DAAC) website by visiting http://www.youradchoices.ca/ (for Canadian residents)].

We allow selected third parties to place advertisements for our products and services on websites operated by others. These third parties will use cookies and web beacons to measure the effectiveness of our ads and to determine the display of content and advertising to offer you based on your interests. To support this interest-based advertising solution, we and the third parties we have contracted with may use information collected about your visits to our and other websites. We comply with the Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). If you would prefer not to receive interest-based advertising, you can opt-out of this activity at the DAA website by visiting http://www.aboutads.info/choices/ (for U.S. residents), Digital Advertising Alliance of Canada (DAAC) website by visiting http://www.youradchoices.ca/ (for Canadian residents), or if located in the European Union, by visiting http://www.youronlinechoices.eu/.

Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Websites do not support Do Not Track requests at this time.

Please note that even if you choose to remove your information (opt-out), you will still see advertisements while you're browsing online. However, the advertisements you see may be less relevant to you and your interests.

V. YOUR RIGHTS: CHOICE & ACCESS

You may ask us not to share your information with third parties for marketing purposes and may opt-out of receiving marketing messages from us by contacting our Privacy Office or by using the unsubscribe link in our emails. You may correct your information or delete your account using the My Account/Owner center page on the Website.

Your Right to Opt-Out. You may, at any time, inform us that you do not want Whirlpool to use your Personal Information to provide you with offers or send you newsletters, emails or other marketing communications, by sending your request to our Privacy Office at whirlpool_privacy@whirlpool.com, or by mail to Chief Privacy Officer, Whirlpool Corporation, 2000 N. M-63, MD 2533, Benton Harbor, MI 49022 U.S.A.

You may also use the above contact information to withdraw your previous consent to share your Personal Information with third parties (other than our service providers).

You may also unsubscribe from receiving promotional communications from our brands by clicking on the unsubscribe link provided in that brand’s promotional email message. However, please note that you cannot opt-out from all communications, as Whirlpool and its brands may need to send you information related to our products (e.g., warranties, service reminders), your orders, or your accounts.

To request removal of your Personal Information from our message boards, blogs, or other interactive features on our Websites, contact us at whirlpool_privacy@whirlpool.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Your Right to Review/Correct. You may review, correct, or update your Personal Information by contacting us as set out above, or if you are a registered user of our Website(s), by accessing the My Account/Owner Center page on the Website. After your account is deleted/terminated, your information may not be deleted in its entirety from our systems or the systems of our supplier platform used to provide our services. We may retain backup copies of your information, including personal information on our servers or database (and/or any authorized third partner servers or databases we use) to assist with any legal obligations, resolve disputes, and enforce our agreements. We will retain your information for as long as necessary to fulfill the purposes of processing described in this Notice.

California Residents: Your California Privacy Rights. If you are a California resident, you may have the right to request and receive certain 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. Please note that our brands are part of Whirlpool and are not third parties for purposes of this Privacy Notice. If you have any questions related to our policy, please contact us using the information provided in the “Contact Us” section below.

VI. DATA SECURITY

We take reasonable steps to protect your information, but please be aware that no transmission of information over the Internet is 100% secure.

We are committed to maintaining the security of the data you provide to us. We use reasonable organizational, technical, and administrative measures designed to protect Personal Information that we maintain within our organization. We also seek to use third-party service providers capable of protecting the information they maintain or process for us. Unfortunately, no data transmission over the internet or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below. Your Personal Information will be stored on Whirlpool’s servers located at our global headquarters in Benton Harbor, Michigan, and/or at other third party facilities with which we have contracted for specific services.

VII. THIRD PARTY SERVICES

Our Websites may contain links to websites owned by other companies. We recommend that you carefully review the privacy notice of each website you visit.

Our Websites may contain links to websites owned by other companies. Because Whirlpool has no control over the privacy practices or content of these linked sites, we recommend that you carefully review the privacy notice of each website you visit. This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties.

IX. USE BY CHILDREN

Our Websites are not directed to children under the age of 13.

Our Websites are not directed to children under the age of 13. We do not seek to, nor do we knowingly collect, information from children under the age of 13, and we request that such individuals do not provide Personal Information through our Websites.

X. EU-U.S.PRIVACY SHIELD AND SWISS-U.S.PRIVACY SHIELD

Whirlpool complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

Whirlpool Corporation, and its wholly owned European subsidiaries such as Whirlpool Europe SRL, participates in and has certified its compliance with the EU-U.S. and Swiss Privacy Shield Frameworks. Whirlpool Corporation is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Frameworks, to the Frameworks’ applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List.

Whirlpool Corporation is responsible for the processing of personal data it receives, under the Privacy Shield Frameworks, and subsequently transfers to a third party acting as an agent on its behalf. Whirlpool Corporation complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Whirlpool Corporation is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Whirlpool Corporation may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

XI. UPDATES TO THIS PRIVACY NOTICE

Please review the “Last Updated” legend at the top of this page to determine when this Notice was last revised.

From time to time, we may update this Privacy Notice. Please take a look at the “Last Updated” legend at the top of this page to see when this Privacy Notice was last revised. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Your use of the Website following these changes means that you accept the revised Privacy Notice.

XII. CONTACT US

whirlpool_privacy@whirlpool.com or Chief Privacy Officer, Whirlpool Corporation, 2000 N. M-63, MD 2533, Benton Harbor, MI 49022 U.S.A.

If you have any questions about this Privacy Notice, please contact us by email at whirlpool_privacy@whirlpool.com, or please write to us at the following address:

Chief Privacy Officer
Whirlpool Corporation
2000 N. M-63
MD 2533
Benton Harbor, MI 49022
U.S.A.

We will respond to general privacy inquiries within 30 days. Opt-out requests will be processed within 10 business days.

Terms of use

Last updated: October 19, 2018

Welcome!
Copyrights, Trademarks, and Patents
User Content
Social Media
Accounts
Permitted Uses
Notification of Copyright Infringement (The U.S. Digital Millennium Copyright Act)
Third-Party Services
Website and Content Subject to Change
Product Availability and Pricing
Purchases
Limitations on Purchases
Shipping
Returns
Export Control
Warranty Disclaimer & Limitation of Liability
Indemnity
Arbitration
Class Action Waiver
Geographic Scope
Our Communications To You
Governing Law
Severability
Additional Terms May Apply
Changes

Welcome!

These Terms of Use (“Terms”) and the Privacy Notice available on this website (collectively, the “Agreement”) apply to your use of this website, any associated mobile sites, services, applications, or platforms (“Platform”). Please review these Terms carefully, as they affect your legal rights. Your use of the Platform constitutes your agreement and acceptance of the Agreement. If at any time you do not accept the Agreement, stop using the Platform. As used in these Terms, "Whirlpool," "us," "our," or "we" refers to Whirlpool Corp. (including Whirlpool Canada LP) which owns and operates the Platform. "You" and "Your" mean the user(s) of the Platform.

THIS AGREEMENT CONTAINS BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE PLATFORM.

Whirlpool has developed select smart appliances that may be connected to a device to provide users with interactive features and functionality ("Smart Appliances"), together with associated mobile applications and cloud-based services. All use of Whirlpool’s Smart Appliances and associated applications and services are separately subject to Whirlpool’s Smart Appliance Terms of Service. In the event of a conflict, Whirlpool’s Smart Appliance Terms of Service control over these Terms.

Copyrights, Trademarks, and Patents

All content on the Platform (including but not limited to graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws in the United States and around the world. We grant you permission to use the Platform and its contents for your own personal use. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Platform for commercial purposes, whether on behalf of yourself or a third party.

All trademarks, service marks, and trade names are trademarks or registered trademarks of Whirlpool Properties, Inc., Whirlpool Corp., or other owners that have granted Whirlpool Corp. license to use such Marks.

User Content

The Platform may enable you and others to submit reviews, ratings, comments, photos, videos, or other content (“User Content”). You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content. You will only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide on the Platform; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content from our Platform for any reason.

You will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any Whirlpool product or service; or promotes commercial activities and/or sales without our prior written consent.

Other than your personal information (e.g., your name, address, and email address), you grant us and our authorized third-party affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any username or social media handle you used when submitting the User Content. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content. You acknowledge that all your User Content may be used and shared by us with third parties.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM, YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.

Accounts

You may be required to register for an account to access certain Platform services or content. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are also responsible for keeping your account information, including your email address, up to date. You agree to accept responsibility for all activities that occur under your account. We reserve the right, in our sole discretion, to terminate or suspend your account for any reason.

Permitted Uses

You may use the Platform or your Account only in compliance with these Terms and all applicable laws. You may not use the Platform in any manner that could harm Whirlpool, its affiliates, its brands, or any person or property. In addition, you must not:

violate or attempt to violate the security of the Platform;
access Platform data that is not intended for the public;
log on to a server or account which you are not authorized to access;
probe or test the vulnerability of the Platform, our servers, or our network;
attempt to interfere with network service, including through viruses, overloading, or crashing of network equipment;
take any action that imposes, or may impose, an unreasonably large load on our servers;
forge any data or communications;
impersonate any third party, Whirlpool, or a Whirlpool employee, or send unauthorized communications on our behalf;
reverse engineer, decompile or disassemble any software or portion of the Platform or use automated systems to scrape, harvest, copy or monitor any Platform content; or
attempt to bypass or circumvent any technology or measures we use (or that is used on our behalf) to protect, prevent or restrict access to the Platform.

Notification of Copyright Infringement (The U.S. Digital Millennium Copyright Act)

If you are a copyright owner and believe that any content on the Platform infringes your copyrights, you may file a copyright infringement notification with us by mail to Whirlpool Corporation DMCA Agent, 500 Renaissance Drive, Suite 101, St. Joseph, MI 49085 or email to copyright@whirlpool.com. In your correspondence:

Identify the copyrighted work that you claimed has been infringed. Describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If applicable, provide a copy of the copyright registration certificate.
Identify the material that you believe is infringing. Be specific and clear, and provide the material’s URL location. It is best to include screenshots.
Include your contact information, including your address, telephone number, and e-mail.
Include the alleged infringer’s contact information, if available.
Include and ensure that the following is true: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
Include and ensure that the following is true: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document (or have a person authorized to act on your behalf sign the document).

Upon receipt of your notification, we may investigate and remove the applicable material at our sole discretion.

Third-Party Services

The Platform may have links to or integrate with third-party websites or services (“Third-Party Services”). Use of a Third-Party Service is subject to the third party’s terms, conditions, and privacy policies, which may differ from ours, and the integration may enable the collection of data or information by the third party subject to its privacy policy. We do not make any representations about, and are not responsible for, products, services, or material of Third-Party Services, even if a particular third party is affiliated with us.

Website and Content Subject to Change

While we try to maintain an error-free Platform, we do not guarantee that the Platform content is complete, current, or error-free (including content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience. We try to display product colors as accurately as possible, but colors may appear differently on your screen.

Product Availability and Pricing

We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service, and sometimes an item shown on the Platform may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time.

In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. “MSRP” prices are the Manufacturer’s Suggested Retail Price, which may differ from the other online or retailer prices in your area. In some cases, intermediate markdowns may have been taken.

Purchases

If you wish to purchase products or services described on the Platform, you will be asked to supply certain information applicable to your purchase, including credit card and shipping information. You may be able to store your information with your Account, which allows you to make future purchases without re-entering information. You agree to pay all charges incurred by you and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.

We are required by law to collect all applicable sales taxes for all states and municipalities. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment.

We accept all major credit cards: VISA, MasterCard, American Express and Discover. For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed in processing. We reserve the right to cancel any order that does not adhere to these criteria. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.

All billing and registration information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested. Receiving an order acknowledgement via email does not guarantee the acceptance of an order.

Limitations on Purchases

We are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right to: (1) limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases on the Platform by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction.

Shipping

Our products are tough and durable, and most are heavy. That’s why we do our best to offer reasonable shipping rates for those who shop Gladiator products on our site using a variety of delivery methods and agents. All orders with single items under 100lbs will be ground shipped via agents like FedEx, with varying shipment costs between $5.95 to $30.00. Orders with single items weighing over 100lbs require special Home Delivery and are shipped using JB Hunt Final Mile service for a flat fee per order.

Ground Shipping: $5.95 - $30.00
Home Delivery Shipping (includes uncrating and placement): $75.00

Freight, pricing and payment terms are based on the date, sub-total amount and any promotional information provided at the time of order. All shipments are tendered via the Delivery method the user selects during checkout. Gladiator reserves the right to select alternative carriers for all shipments. Customer must be home to accept home delivery of products.

Gladiator^® ships and delivers to all 50 United States.^*

Most Small Package shipments will be received within 4-8 business days. Most Home Delivery orders will be received within 7-10 business days. All requested dates for Home Delivery orders made by customers at checkout serve as a potential date range until a representative from our affiliated delivery service can call to confirm a final delivery date. Orders to Alaska or Hawaii may require up to three additional days for delivery.

^*Shipping to Alaska is limited to items that can be sent via FedEx General Shipping (under 100lbs). Please contact our Loyalty Group at (866) 342-4089 for more information.

Returns

For returns and refunds, call 1-866-342-4089 Monday - Friday, 8:00 AM – 6:00 PM (eastern time) to secure a Return Authorization number. Products may be returned within 30 days from the date of shipment. Products must be in unused condition and in original packaging material. Customer is responsible for return shipping and handling charges. Defective merchandise will be handled according to the warranty terms. Refunds will not be issued for defective merchandise. If you need to return your merchandise for any reason, please repackage the product and all accessories that accompanied the original shipment in the original packing materials. Returned products with missing accessories will not be accepted. Gladiator^® charges a 15% restocking fee on non-damaged return items.

Export Control

You are responsible for complying with United States, Canada, and foreign export controls and for any violation of such controls, including any United States embargoes or other rules and regulations restricting exports. You represent that you are not: (1) located in, or a resident or a national of, any country subject to a government embargo or other restriction, or that has been designated by any government as a “terrorist supporting” country; or (2) on any government list of restricted end users.

Warranty Disclaimer & Limitation of Liability

THE PLATFORM — INCLUDING ALL OF ITS CONTENTS, INFORMATION, AND THE MANNER BY WHICH IT OPERATES — IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, CONTENT, AND ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED ON THE PLATFORM OR THE AVAILABILITY OF ANY PRODUCT OR RESULTS THAT YOU MAY OBTAIN THROUGH THE PLATFORM.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF WHIRLPOOL, ITS HEIRS, SURVIVORS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.

WHIRLPOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT, OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF WHIRLPOOL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WHIRLPOOL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE ALSO MADE ON BEHALF OF THE AFFILIATED ENTITIES.

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

Indemnity

You agree to defend, indemnify and hold harmless Whirlpool and the Affiliated Entities against all claims, damages, losses, and expenses (including attorneys' fees) arising out of: (1) your use of, or activities in connection with, the Platform (including all User Content); and (2) any violation or alleged violation of this Agreement by you.

Arbitration

READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.

As used in this Arbitration provision and the subsequent Class Action Waiver provision, "You" and "Your" includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns.

This Arbitration Agreement is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever that You may raise against Whirlpool and/or its Affiliated Entities, 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 Platform, all content on the Platform, products sold or advertised on this Platform (including but not limited to the use, design, testing, manufacture, marketing, advertising, or labeling of any product advertised or purchased on this Platform), and these Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Terms) (all of which are collectively referred to herein as "Claims").

You agree that you will assert any Claim against Whirlpool and/or the Affiliated Entities by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the extent there is any inconsistency between the terms of this Arbitration provision and the AAA Rules the provisions of this provision shall 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 Whirlpool and You agree otherwise, any arbitration hearing(s) will take place in the province or jurisdiction in which you reside or, in the case of residents of Quebec, the seat of arbitration will be Ontario.

In the event that any provision of this Arbitration provision or the Class Action Waiver provision is found to be invalid or unenforceable in a particular case or jurisdiction, that provision will be severable in that case or jurisdiction, as the case may be, without affecting the validity and enforceability of the remaining provisions of the Agreement, and shall not affect the validity and enforceability of the Agreement in other cases and jurisdictions.

In the event that You intend to commence an arbitration or a court proceeding, You must first notify Whirlpool by contacting Our Customer Experience Center at 1-866-698-2538 (U.S.) or 1-800-807-6777 (Canada) ("Notice") and attempt to resolve Your Claim. If You and Whirlpool and/or the Affiliated Entities do not reach an agreement to resolve Your Claim within 30 days after Notice has been provided, either party may commence an arbitration proceeding in accordance with this Agreement.

We agree to pay Your filing, administration, service, case management, arbitrator and reasonable hearing fees. You may be ordered to reimburse us in whole or in part for any of the amount that We pay if the arbitrator or the court, as the case may be, finds that any of your Claims were filed for purposes of harassment or are frivolous.

Class Action Waiver

READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS.

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 against Whirlpool and/or the Affiliated Entities. 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. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. THIS SECTION NOT APPLICABLE TO RESIDENTS OF QUEBEC.

Geographic Scope

The Platform is intended for use within the United States of America and Canada. Claims about our products or services are limited to the United States and Canada, unless otherwise disclosed. The Platform is intended to promote solely products that are sold in the United States and Canada. We do not represent or warrant that the Platform is appropriate or available for use outside the United States and Canada.

Our Communications To You

We may communicate with you electronically, including by posting notices on the Platform or by responding to your e-mails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Governing Law

For our U.S. customers, this Agreement is and shall be governed by and construed under the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. For our Canadian customers, this Agreement is and shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to its principles of conflicts of law, and regardless of your location.

Severability

If any provision of this Agreement is held unenforceable, that provision shall be considered amended in a manner that eliminates the unenforceability, and all other provisions shall remain effective as originally written.

Additional Terms May Apply

Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.

Changes

From time to time, we may change these Terms. We reserve the right to make these changes without notice, though we will update the "Last Updated" line at the beginning of these Terms after each revision. You are responsible for regularly reviewing these Terms, and your continued use of the Platform following any changes indicates your acceptance of those changes.

Contact Us

If you have any questions regarding these Terms or our Privacy Notice, our U.S. customers can contact us at 1-866-698-2538. Our Canadian customers can contact us at 1-800-807-6777.

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