WiOn User AgreementThis agreement revised and effective as of October 2016.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING AND USING THE MOBILE APPLICATION THAT IS SUBJECT TO THIS AGREEMENT.
This User Agreement (this “Agreement”) governs your use of the mobile application provided to you by Woods Products, Inc. and its affiliates (the “Company”). The App is protected by copyright laws, as well as other intellectual property laws. The App is licensed, and not sold, to App users.
1. Grant of License.
The Company licenses the App to you as follows:
(a) Installation and Use. The Company grants you the right to install and use copies of the App on your computer or mobile device that runs a validly licensed copy of the operating system for which the App was designed.
(b) Backup Copies. You may also make copies of the App as may be necessary for backup and archival purposes.
2. Description of Other Rights and Limitations.
(a) Maintenance of Copyright Notices. You may not remove or alter, as applicable, any copyright notices pertaining to the App.
(b) No Right to Distribute. You may not distribute registered copies of the App to third parties.
(c) No Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the App.
(d) No Rental. You may not rent, lease, or lend the App to any third party.
(e) Support Services. The Company may, but is not obligated to, provide you with support services related to the App (“Support Services”). Any supplemental software code provided to you as part of any Support Services shall be considered part of the App and subject to the terms and conditions of this Agreement.
(f) Compliance with Applicable Laws. Your use of the App constitutes your agreement to comply with all applicable laws regarding use of the App.
3. Proprietary Rights.
Other than your personal information entered into the App, if any, for purposes of using the App, all content included with or available in connection with the App such as advertisements, text, graphics, logos, button icons, images, audio clips, and software, is the property of Southwire or other third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the App is the exclusive property of the Company or its licensors and is protected by copyright or other intellectual property rights.
All trademarks, logos, and service marks displayed on the App (collectively, the “Trademarks”) are the registered and unregistered trademarks of the Company or other third parties. Under no circumstances may you use, copy, alter, modify, or change any of these Trademarks. Nothing contained in the App should be construed as granting you, by implication or otherwise, any license or right to use any Trademark without the express written permission of the Company or the third party that has rights to such Trademarks.
The Company may occasionally introduce new features to the App or eliminate features from the App. When this happens, the Company will the App accordingly, and the App, as d, will be subject to the terms and conditions of this Agreement.
All rights not expressly granted to you under this Agreement are reserved by the Company.
4. Mobile Data Usage.
The App will likely generate mobile data usage. The amount of data usage will vary greatly depending on the frequency of and duration for which you use the App. The Company highly recommends that you subscribe to a “data plan” though your mobile carrier if you elect to utilize the App. Substantial data-usage fees may be charged in the absence of a data plan or in the event that you exceed your data plan’s monthly data-usage allotment.
It is your responsibility to be aware of the details of your account with your mobile carrier, including the uses of your mobile device or other equipment and the services that will cause you to incur fees and charges. The terminology used above may vary from carrier to carrier. “International roaming” may increase fees incurred by using the App. If you have any question whether the usage of the App or any other mobile application or service offered by the Company will result in a charge on or increase in your mobile phone bill, please contact your mobile carrier.
You agree that you are solely responsible for acquiring and maintaining a mobile device and any other device and equipment that is capable of accessing and is necessary to access the App
5. Disclaimer of Warranties; Limitation of Southwire’s Liability to You
(a) Disclaimer of Warranties. To the fullest extent permitted by law, the Company makes no warranties of any kind (either express or implied) with respect to the App, information provided by the App, or your use of the App, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Although the Company may utilize or integrate into the App various applicable data codes, tables, and the like for purposes of supporting the App’s functionality (e.g., NEC Code tables), the Company does not warrant that the App will be uninterrupted or error free, that any App defects will be corrected, or that the App is or will be free of viruses or other harmful components.
(b) LIMITATION OF SOUTHWIRE’S LIABILITY. THE COMPANY WILL HAVE NO LIABILITY WITH RESPECT TO THE APP’S CONTENT OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS CONTAINED THEREIN. FURTHER, THE COMPANY WILL HAVE NO LIABILITY WITH RESPECT TO ANY OF THE FOLLOWING CLAIMS ALLEGEDLY ARISING OUT OF THE APP OR YOUR USE THEREOF: LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS, OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE APP, OR YOUR USE OF OR INABILITY TO USE OR ACCESS THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY PROHIBIT THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE STATES, THE LIMITATION OF LIABILITY WITH RESPECT TO CONSEQUENTIAL OR INCIDENTAL DAMAGES (OR OTHER DAMAGES SPECIFIED BY LAW IN SUCH STATE) MAY NOT APPLY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE COMPANY (AND THE COMPANY’S SERVICE PROVIDERS OR OTHER AGENTS) WILL NOT BE LIABLE FOR:
• ANY LOSS OF ANY OF YOUR DATA;
• ANY LOSS OR LIABILITY YOU MAY INCUR RESULTING IN WHOLE OR PART FROM ANY FAILURE OR MISUSE OF:
(i) YOUR MOBILE DEVICE OR OTHER EQUIPMENT; OR
(ii) SOFTWARE PROVIDED BY AN EXTERNAL COMPANY SUCH AS A MOBILE SERVICE PROVIDER OR CARRIER, INTERNET BROWSER PROVIDER, AN INTERNET ACCESS PROVIDER, AN ONLINE SERVICE PROVIDER OR AN AGENT OR SUBCONTRACTOR OF ANY OF THEM; OR
• ANY CHARGES, “OVERAGE FEES,” PENALTIES, TAXES, OVERAGES, OR ANY OTHER FEE CHARGED OR IMPOSED BY YOUR MOBILE CARRIER AS A RESULT OF YOUR USE OF THE APP.
6. Your Agreement to Indemnify the Company.
Except to the extent that the Company is liable under the terms of this Agreement or another agreement governing the App, you agree to indemnify, defend, and hold the Company and its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys’ fees) arising from:
• any third-party claim, action, allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to the Company or utilized by you in connection with the App;
• any fraud, manipulation, or other breach of this Agreement or the App;
• your violation of any law or rights of a third party; or
• use of the App by you or any third party.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. You will not settle any action or claims on the Company’s behalf without the Company’s prior written consent. This indemnification is provided without regard to whether the Company’s claim for indemnification is due to your use of the App or due to the acts or omissions of a third party that accesses the App using your mobile device or other equipment.
7. General Provisions.
(a) Amendments to this Agreement. Except as otherwise required by law, the Company may in its sole discretion amend, change, or otherwise modify the terms of this Agreement from time to time and at any time. This may include adding new or different terms to, or removing terms from, this Agreement. When any such revisions are made, the Company will this Agreement, which will be posted on its website at http://www.Woods.com (the “Website”). You are encouraged to visit the Website from time to time to review the terms of this Agreement, as amended, changed, or modified from time to time. Your continued use of the App after the Company changes, amends, or otherwise modifies this Agreement and posts the revised Agreement on the Website constitutes your acceptance of the revised Agreement. Except as otherwise required by law, any change to this Agreement applies only to transactions that occur, or claims that arise, after the amendment becomes effective.
(b) Termination of this Agreement. This Agreement will be in effect from the date you download the App and at all times the App remains downloaded and present on your mobile device or other equipment. Unless otherwise required by applicable law, either you or the Company may terminate this Agreement and/or your access to the App, in whole or in part, at any time without notice. The termination of this Agreement will not terminate your obligations or the Company’s rights arising under this Agreement before such termination.
All applicable provisions of this Agreement will survive termination by either you or the Company, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnification, and the general provisions set forth in this Section 7.
(c) Governing Law; Dispute Resolution.
(i) This Agreement will be read and interpreted in accordance with the laws of the State of Delaware, without regard to such state’s conflict of laws rules.
(ii) In the event a controversy or claim, whether based in contract, tort, or any other legal theory, arises out of this Agreement or your use of the App, such controversy or claim must be submitted to binding arbitration. Such arbitration will be:
(A) administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, as amended and in force at the time of the controversy or claim (the “Rules”)
(B) held in Atlanta, Georgia, or such other place ed by mutual agreement of you and the Company; and
(C) conducted by a single arbitrator who is ed pursuant to the Rules. The arbitrator’s decision and award will be final and binding and may be entered in any court having jurisdiction over the underlying controversy or claim. Each party shall pay all of its associated costs, expenses, and attorneys’ fees in connection with any arbitration. You and the Company shall share equally the cost of the arbitrator and any accountants or advisors that you and the Company agree to employ for the benefit of the arbitrator. Notwithstanding the foregoing, either you or the Company will be free to seek equitable relief in any court having jurisdiction to enjoin an anticipated or continuing breach of this Agreement on a temporary or preliminary basis pending a determination of the relevant dispute by the arbitrator, or on a permanent basis following the determination by the arbitrator that a breach has been committed.
(d) Assignment. The Company may assign its interest in this Agreement to its successors, or to any of its corporate affiliates, and the Company may also assign or delegate certain of its rights and responsibilities hereunder to third parties. You may not assign or transfer this Agreement or any of your rights or responsibilities hereunder.
(e) Entire Agreement. This Agreement constitutes the entire agreement between you and the Company relating to the App and replaces and supersedes any prior agreement between you and the Company relating to the App. Any term or condition contained in this Agreement that is inconsistent with the laws governing the App will be deemed to have been modified by the Company and applied in a manner consistent with such laws. Except as otherwise expressly provided in this Agreement, if any provision of this Agreement is held to be invalid or otherwise unenforceable under applicable law, the remainder of the provisions will remain in full force and effect and will in no way be invalidated or otherwise affected. This Agreement may not be changed, amended, or otherwise modified in any way without Southwire’s prior written consent thereto.
(f) Waiver. Any agreement by the Company to an extension or waiver of any provision hereof will be valid only if set forth in a written instrument signed on behalf of the Company. A waiver by the Company of your performance of any covenant, agreement, obligation, condition, representation, or warranty will not be construed as a waiver of any other covenant, agreement, obligation, condition, representation, or warranty. A waiver by Southwire of your performance of any act hereunder will not constitute a waiver of the performance of any other act or an identical act required to be performed by you at a later time.
(g) Headings. The section headings contained herein are included for purposes of reference only and serve as a matter of convenience and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision hereof.
WARNING: Installation of electrical wire can be hazardous and, if done improperly, can result in personal injury or property damage. The above applications are general recommendations where special conditions may exist, consult a professional electrician. For safe wiring practices, consult the National Electrical Code and your local building/ electrical inspector.
MOBILE AND COMPUTER APPLICATION PRIVACY POLICY
The Company provides this Mobile and Computer Application Privacy Policy ("Policy") to inform users of the Company’s mobile and computer applications (each, an "App") about policies and procedures regarding the collection, use, and disclosure of App user information.
Modifications to Privacy Policy.
This Policy was last d on October 25, 2016. The Company may modify and this Policy from time to time for any reason. The version of this Policy that was in effect at the time information was collected will apply to such information. Modifications to this Policy will be effective after the Company posts the d Policy or otherwise notifies App users ("Users" and each, a "User") of the modified Policy.
If and when the Company makes any changes to this Policy, the Company will place a prominent notice on its website or within the relevant App. If the change materially affects registered Users, the Company will send a notice to Users by push notification. The Company advises Users to consult this Policy regularly to ensure that Users are in agreement with the current version. Users can access the most current version of this Policy in the relevant App's information page.
Consent
Users consent to the Company's processing (as defined below) of Users' respective information, as further explained in this Policy. "Processing" means using or handling User information in any way, including, but not limited to, collecting, storing, deleting, using, combining, linking, and disclosing information.
A User's use of an App is conditional on the User's agreement to the terms of this Policy.
Information Collection
When a User decides to use any of the Company's Apps and agrees to the terms of the Company's App User Agreement and this Policy, the User agrees to permit the Company to collect certain information from the User. The Company collects this information so that it can provide Users with a better App experience. The Company collects this information using technologies such as cookies (small files stored by a User's browser), web beacons, and unique device identifiers that enable the Company to identify the User's device.
Information that the Company collects may include: (a) personally identifiable information, such as the User's name, address, phone number, and email address; (b) geographic information, such as the User's country and spoken language; (c) App transaction-related information, such as whether the User is a new or returning App user, the duration of the User's App session, how frequently the User accesses the relevant App, and the number of active App sessions and the number of App screen views the User has engaged in; (d) information regarding the User's interaction with the App and any advertisements, such as the type of App screens accessed by the User, in-App advertisements that the User accesses, in-App searches that the User conducts, media titles and types accessed by the User, outbound links clicked by the User, products that the User views, and screen exits that the User conducts; (e) events that occur during the User's App session, such as errors the User experiences and conversions that the User makes during the session; and (f) technology-related information, such as the App version that the User accesses; the User's mobile carrier; the type of connection that the User utilizes to access the App; the type, brand, model, and unique identifier of the device that the User uses to access the App; and the operating system that the User uses to access the App.
The Company may associate personally identifiable information collected from a User with the User's activities while utilizing an App (e.g., pages the User views within the App) so as to enable Southwire to better customize Apps to Users. Regarding geographic information that Southwire collects from Users, that data is linked to the User's device identifier only for the User's individual App session.
Information Use
The Company may track Users' respective App usage data and App traffic patterns to improve the content of the Apps and the quality of the Company's products and services. Specifically, the Company may use information collected from Users to (a) provide products and services desired by Users and upon User request; (b) optimize and improve the Company's Apps, products, services, and operations; (c) monitor and evaluate the use and operations of the Apps; (d) analyze how Users are using the Apps; and (e) personalize content and offers that may be of interest to an individual User.
In order to optimize Apps and better serve Users, the Company may share User information with other companies, including vendors and contractors of the Company. These companies' use of this information is limited to these purposes, and subject to agreements that require them to keep the information confidential. The Company's vendors provide assurance that they take reasonable steps to safeguard the data they hold on the Company's behalf, although data security cannot be guaranteed. The Company does not allow advertising companies to collect data through the Apps for ad targeting, and the Company generally does not share personally identifiable information (such as name, address, email, or phone number) with other companies for marketing purposes.
The Company provides information that it collects from Users to analytics companies contracted by the Company to help it analyze and understand how Users use the Apps, the Company's websites, and the Company's products and services. These analytics companies use this information solely on the Company's behalf.
The Company will disclose information collected from Users in the following circumstances: (a) if the Company reasonably believes that it is required to do so by law, regulation, or other government authority, or to protect the Company's rights and property or the rights and property of the public; and (b) the Company will disclose such information to any successor or purchaser in a merger, acquisition, liquidation, dissolution, or sale of the Company's assets. User consent to either of the disclosures stated in this paragraph will not be required, but the Company will attempt to notify Users of any such disclosure, to the extent permitted by law.
Each User can sign into his or her account in the relevant App and access the App's information page to see any personally identifiable information that the Company has stored. Users can also contact the Company by email (see "Contact" section below) and request this information. The Company may keep some User information, including personally identifiable information, indefinitely.
Content
All content and information that a User inputs into an App is owned by the User. However, by using an App, the User grants the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property, such as photo and video content that a User posts on or in connection with the Apps.
Security
The Company takes reasonable administrative, physical, and electronic measures designed to safeguard and protect User information from unauthorized access or disclosure. These measures include utilizing specific software that encrypts User personally identifiable information when that information is being transmitted from an App to the Company's servers, and storing User information on a server that is protected by a firewall designed to prevent access from outside the Company's network. Despite these security measures, no security or encryption method can be guaranteed to protect information from hackers or human error.
Contact
If Users have any questions or concerns about this Policy, please contact Consumer Support Department at: 1-800-561-4321 or wionsupport@woods.com.