User Agreement
Introduction
Welcome to Whirlpool Corporation's 2nd Channel Sales on-line. These Terms of Use together with the Terms of Purchase are an ongoing contract between you and Whirlpool Corporation ("Whirlpool.com" or "we") and apply to your use of Whirlpool Corporation's online 2nd channel sales website located at https://bstock.com/whirlpool/ (the "Site"), hosted and configured by B-Stock Solutions, LLC ("BStock"), through which you may purchase 2nd channel products from Whirlpool Corporation. Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not accept these Terms of Use, do not use the Site. Whirlpool Corporation reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you have been issued a password directly from Whirlpool Corporation to access the Site and are an approved Whirlpool Appliance dealer with a signed sales agreement on file with Whirlpool's 2nd channel Sales Group. All billing and registration information on file with Whirlpool must be truthful and accurate or could constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the 2nd channel products purchased by you on the Site. This entire World Wide Web site is copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Users of the site MAY download or print one copy of any and all materials on the site for personal, non-commercial use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on this site is provided for lawful purposes only. None of the information on this site may be copied, distributed or transmitted in any way for commercial use without the express written consent of Whirlpool Corporation. Whirlpool Corporation reserves full ownership of and intellectual property rights in any materials downloaded from this site.
You agree to use the Site and any service at your sole risk and that Whirlpool Corporation and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Whirlpool Corporation will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Whirlpool Corporation on this Site and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Explorer).
Privacy Policy
At Whirlpool Corporation, we are committed to protecting your privacy. We want to build users' trust and confidence in theInternet. Because this is a secure business to business site, we request a minimal amount of information from you. We ask you for information that will enhance your site visit by providing the security and information that will enable you to do business with Whirlpool Corporation. The information you provide will be kept confidential and used to support your relationship with Whirlpool Corporation.
When you sign-in, 2ndchannel.whirlpool.com offers the use of a secure server. The secure server software (SSL) encrypts all information before it is sent to us.
General information, such as the name and address of your company, along with any information collected within the application, is used only in the execution of requested processes. Personal and company information will not be disclosed.
2ndchannel.whirlpool.com does not rent, sell or otherwise distribute the information entered on this site. Whirlpool Corporation may provide aggregate statistics, but these statistics will include no personally identifying information.
Third party Internet sites and services accessed through 2ndchannel.whirlpool.com have independent privacy and data collection practices. Whirlpool Corporation has no responsibility or liability for these independent policies or actions.
By using this site, you consent to the collection and use of information by Whirlpool Corporation. If we decide to change our privacy policy, changes will be posted on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose that data.
Export Policy
The information on this site applies only to 2nd channel products available for sale in the continental United States. You acknowledge that the products sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations, including, without limitation, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Whirlpool Corporation, one of its affiliates or by third parties who have licensed their materials to Whirlpool Corporation and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Whirlpool Corporation and is also protected by U.S. and international copyright laws.
Whirlpool Corporation and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Whirlpool Corporation's or any third party's intellectual property rights.
The Whirlpool name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Whirlpool Corporation. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Whirlpool Corporation's endorsement, sponsorship or recommendation of the third party, information, product or service. Whirlpool Corporation is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Whirlpool Corporation in connection with your use of this Site (collectively, the "Comments") shall be and remain Whirlpool Corporation's exclusive property and are considered not to be confidential. Such disclosure, submission or offer of any Comments shall constitute an assignment to Whirlpool Corporation of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, Whirlpool Corporation will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Whirlpool Corporation will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Whirlpool Corporation is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to Whirlpool Corporation will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. Colors
We have made every effort to display the colors of any products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Indemnification
You agree to defend, indemnify and hold harmless Whirlpool Corporation and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.
Termination
These Terms of Use are effective unless and until terminated by either you or Whirlpool Corporation. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Whirlpool Corporation also may terminate these Terms of Use at any time and may do so immediately without notice, and/or may deny you access to the Site, in Whirlpool Corporation's sole discretion. Upon any termination of these Terms of Use by either you or Whirlpool Corporation, you must promptly destroy all materials downloaded or otherwise copied from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Whirlpool Corporation's right to any Comments shall survive any termination of these Terms of Use. The sections labeled "Indemnification," "Limitation of Liability" and "General" shall survive any termination of these Terms of Use.
Disclaimer
THIS SITE IS PROVIDED BY WHIRLPOOL CORPORATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHIRLPOOL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR 2ND CHANNEL PRODUCTS OFFERED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHIRLPOOL CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WHIRLPOOL CORPORATION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY 2ND CHANNEL PRODUCTS OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY WHIRLPOOL CORPORATION. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WHIRLPOOL CORPORATION OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WHIRLPOOL CORPORATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WHIRLPOOL CORPORATION BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
These Terms of Use, the Privacy Policy and the Terms of Purchase represent the complete agreement between the parties and supersedes all prior agreements and representations between the parties regarding use of the Site. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Whirlpool Corporation to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Whirlpool Corporation's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under Michigan law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of Michigan and you consent to the exclusive personal jurisdiction of such courts. Changes to the 2ndchannel.whirlpool.com Terms of Use
These Terms of Use were last updated on July 15, 2011. Please check our Terms of Use periodically for changes.
Whirlpool Canada User Agreement
TERMS AND CONDITIONS
Introduction
Welcome to Whirlpool Canada's 2nd Channel Sales on-line. These Terms of Use are an ongoing contract between you and Whirlpool Canada ("we") and apply to your use of Whirlpool Canada's online 2nd channel sales website located at http://2ndchannel.whirlpool.com (the "Site"), hosted and configured by B-Stock Solutions, LLC ("BStock"), through which you may purchase 2nd channel products from Whirlpool Canada. Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not accept these Terms of Use, do not use the Site. Whirlpool Canada reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
Web Site Terms and Conditions
Usage of the Site is to be considered part of any other terms and conditions governing the commercial relationship between the parties and applicable to any transaction facilitated by documents. The terms of this Agreement shall be deemed a part of any transaction facilitated by documents. The terms of this Agreement shall prevail in case of any conflict with any other terms and conditions applicable to any transaction facilitated by documents and the rights and obligations of the parties under such other terms and conditions shall be deemed revised to the extent necessary to give effect to this Agreement.
Transmissions
I. Whirlpool Canada LP, hereafter referred to as Whirlpool, will not be liable for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the web site even if Whirlpool has been advised of the possibility of such damages.
II. If any transmitted document is received and cannot be deciphered or understood by the receiving party, the receiving party shall contact the originating party and take reasonable steps to correct and process the document. If the receiving party cannot identify the originator, the receiving party will not be liable.
III. Parties and Whirlpool agree to electronic transmission of certain purchase and sales information in substitution for conventional paper-based documents. The electronic transmission will be as legally binding and enforceable as a conventional based process. The parties may still communicate by conventional means, if a mechanical, electronic or communication failure prevents either party from transmitting or receiving electronic documents.
IV. When executing internet transactions, each party will establish user ID's or email addresses to identify themselves. The presence of this user ID or email shall be sufficient to verify the source and authenticity of each internet transaction.
V. Each party shall pay its own costs for execution of Internet transactions including the cost of any Internet Service Providers (ISP) with which it contracts.
VI. Internet transactions containing the user ID and functionally acknowledged as received will constitute signed writings.
VII. A functional acknowledgment for receiving an internet transaction is not the submission of the transaction itself, but the acceptance of a completed or "open" transaction.
VIII. The parties will be responsible for all internet transactions placed under the approved user ID and password.
Security
I. Each party shall undertake all reasonable steps to prevent unauthorized access to and use the computer processing and communications facilities under its control through which documents are transmitted and received.
II. Each party shall be responsible for the confidentiality of assigned user identification and log-on passwords. Neither party shall reveal to any unauthorized person the user identification and passwords of the other party.
III. Each party, upon becoming aware of any breach of security or unauthorized usage of user identification and passwords, shall immediately inform the other party, investigate the breach, use or transmission, and report to the other party as to the outcome of the investigation. Transmissions of electronic documents shall be suspended until security has been re-established to the reasonable satisfaction of both parties.
IV. Whirlpool shall install a process to delete user ID and password, by user, as requested by participating parties.
