Terms of Use

Amana Air Conditioners and Dehumidifiers are produced under license by XLS Products, Inc. (“XLS”).

TERMS OF USE

These Terms of Use were last updated on March 15, 2017

Acceptance of Terms through Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Amana Home Comfort web site located at www.AmanaHomeComfort.com, and all associated sites linked to www.AmanaHomeComfort.com, (collectively, the “Site”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. If you do not agree with each provision of these Terms of Use each time you use the Site, or you are not legally authorized to agree to and accept these Terms of Use, you may not use the Site. We reserve the right, at our discretion, to update, revise or remove portions of these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. As long as you comply with these Terms of Use, XLS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

Except as expressly provided in these Terms of Use, no part of the Site and no Content, which includes but is not limited to, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without XLS’s express prior written consent.You may use information on www.AmanaHomeComfort.com and services (such as data sheets and similar materials) purposely made available by XLS for downloading from the Site, provided that you:

  1. not remove any proprietary notice language in all copies of such documents,
  2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  3. make no modifications to any such information, and
  4. not make any additional representations or warranties relating to such documents.

 

Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of XLS, and you acknowledge that XLS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by XLS or any association with its operators. No rights to use or copy the information on the third party site are granted or implied.

User's Grant of Limited License

By posting or submitting content to this site, you grant XLS and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by XLS will not infringe or violate the rights of any third party.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. XLS reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any XLS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of XLS, including any XLS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or XLS’s systems or networks, or any systems or networks connected to the Site or to XLS.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to XLS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of XLS or others.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of the Site, including Terms of Sale, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

XLS’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

XLS may make changes to any products offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and XLS makes no commitment to update the materials on the Site with respect to such products and services.

Privacy

XLS’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Violation of These Terms of Use

XLS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) XLS’s or its licensors’ rights or property, or the rights or property of visitors to or users of the Site, including XLS’s customers. XLS reserves the right at all times to disclose any information that XLS deems necessary to comply with any applicable law, regulation, legal process or governmental request. XLS also may disclose your information when XLS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that XLS may preserve any transmittal or communication by you with XLS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or XLS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of XLS, its employees, users of or visitors to the Site, and the public.

You agree that XLS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to XLS or its licensors, for which monetary damages would be inadequate, and you consent to XLS or its licensors obtaining any injunctive or equitable relief that XLS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies XLS or its licensors may have at law or in equity.

You agree that XLS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If XLS and/or its licensors does take any legal action against you as a result of your violation of these Terms of Use, XLS and/or its licensors will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to XLS or its licensors. You agree that neither XLS nor its licensors will be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Procedure for making claims of Copyright Infringement

Introduction. We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes a copyright infringement, please follow the instructions in the following policy.

This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of XLS to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of XLS computing system are required to respect the legal protections provided by applicable copyright law.

Designated Agent. XLS’s Designated Agent to receive notification of alleged infringement under the DMCA can be reached at: DMCA, P.O. Box 16262
Philadelphia, PA 19114-0262; or at: AmanaHomeComfort@goretailer.com. Upon receipt of notification of claimed infringement, XLS will follow the procedures outlined herein and in the DMCA.

Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:

  1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit XLS to locate the material;
  4. Information reasonably sufficient to permit XLS to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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; and
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Failure to include all of the above information may result in a delay of the processing of the DMCA notification.

 

Notice and Takedown Procedure . It is expected that all users of any part of XLS computer system will comply with applicable copyright laws. However, if XLS is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. XLS will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Repeat Infringers . Under appropriate circumstances, XLS may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.

Accommodation of Standard Technical Measures . It is XLS policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).

Disclaimer of Warranties

BY USE OF THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, XLS, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES AND THEIR LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. XLS, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES AND THEIR LICENSORS MAKE NO WARRANTY THAT:

1. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE;

2. THIS SITE WILL MEET YOUR REQUIREMENTS;

3. THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS;

4. THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS

5. ANY ERRORS ON THIS SITE WILL BE CORRECTED; AND

6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.

There are well-known risks involved in obtaining or using any products or services through the Internet. XLS cautions you to take steps to understand the risks and the means available to avoid or lessen the risks before obtaining or using any such products or services.

ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL XLS, NOR ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES OR THEIR LICENSORS BE LIABLE UNDER ANY CLAIM OR CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR CONDITION OR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE CLAIM SOUNDS IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION, BREACH OF STATUTORY DUTY, OR OTHER EQUITABLE OR LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES, INCLUDING DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS DAMAGES FOR LOST PROFITS OR REVENUE, LOST DATA, LOST SALES, LOST GOODWILL OR LOSS OF USE OF A PRODUCT, EVEN IF XLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, in no event will XLS nor its indirect and direct parents, affiliates and subsidiaries or their licensors be liable for any direct, indirect, incidental or consequential damages that are caused by or result from:

1. Your violation of these Terms of Use, or any other agreement relating to use of this Site, as amended from time to time;

2. Viruses, worms, Trojan horses and other forms of harmful code, which are not detected or removed using XLS standard virus-detection procedures;

3. Criminal acts, public authorities acting with actual or apparent authority, authority of law, national or local disruptions in electronic and transportation networks, failures of internet services providers, weather phenomena, natural disasters, and disruption or failure of communication and information systems;

4. Loss, corruption or loss of access of your personal information;

5. Your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the provision of services;

6. Acts, defaults or omissions of any person or entity other than XLS;

7. XLS compliance with verbal or written instructions from you or XLS failure to honor special instructions not explicitly provided for on the Site;

8. Your mistake when inputting an electronic instruction;

9. If you fail to log off when you leave your computer or electronic device and someone else accesses your account or any service;

10. If, for any reason, you cannot access your account or any service through your computer or electronic device or the services on this Site do not function; or

11. For any harm or loss to your computer or electronic device or to any records or data contained therein.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SHALL BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT ALLOW FOR SOME OR ALL OF THESE LIMITATIONS FOR CONSUMER TRANSACTIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Login Names and Passwords

XLS may from time to time allow access to the Site or any portion thereof by use of a unique login name and password. The use of a password does not restrict access by XLS and its service providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized XLS representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis (for your own protection). You must log-out at the end of each session.

You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with these Terms of Use. You must immediately notify XLS at AmanaHomeComfort@goretailer.com if any of the following occur: any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

XLS is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from XLS, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.

The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.

Indemnification

You agree to defend, indemnify and hold XLS, its subsidiaries and affiliates and their licensors, harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees arising from or related to your use of this site.

International Use

XLS makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Consent to Jurisdiction

You agree that if you are a resident of the United States, the courts of the Commonwealth of Pennsylvania located in Philadelphia County and in the United States District Court for the Eastern District of Pennsylvania, shall have exclusive jurisdiction to hear and determine all controversies arising out of or related to these Terms of Use or their interpretation, performance or breach. You expressly submit and consent to such applicable jurisdiction and agree that venue will be proper in such applicable courts. You further waive the right to trial by jury or transfer or change of the venue based on the grounds of forum non conveniens or otherwise in any litigation that may arise between the parties.

Applicable Laws

FOR UNITED STATES RESIDENTS, THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD TO ANY CONFLICTS OF LAWS RULES AND WITHOUT GIVING EFFECT TO ANY RULES OF PRIVATE INTERNATIONAL LAW OR CONVENTION OR OTHER PRINCIPLES GIVING RISE TO THE APPLICATION OF OTHER LAWS (“PA LAW”). FOR ALL OTHER USERS, THESE TERMS OF USE WILL BE GOVERNED BY PA LAW UNLESS EXPRESSLY PROHIBITED BY THE LAWS OF THE LOCATION OF SUCH USERS.

Trademark Ownership

Amana is a registered trademark of Maytag Properties, LLC. and may not be used without the written permission of Maytag Properties, LLC. All product and service marks contained herein that are not Amana marks are the trademarks of their respective owners.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes your entire agreement with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and XLS with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Survival

The termination of the agreement created by your acceptance of these Terms of Use will not affect or prejudice any rights or obligations which have accrued or arisen under these Terms of Use prior to the time of termination or which expressly or by their nature survive the termination or expiry of these Terms of Use and those rights and obligations will continue in full force and effect subsequent to and notwithstanding such termination until they are satisfied or by their nature expire. Without intending to limit the generality of the foregoing the following provisions will survive the termination of these Terms of Use and will apply to any claim that you may have against XLS after the termination of these Terms of Use for any reason: Confidentiality; Submissions; Disclaimer of Warranties; Limitation of Liability; Indemnification; Applicable Laws; and Arbitration and Consent to Jurisdiction

Waiver

A waiver of any default, breach or non-compliance under these Terms of Use is not effective unless in writing and signed by XLS. No waiver will be inferred from or implied by any failure to act or delay in acting by XLS in respect of any default, breach, non-observance or by anything done or omitted to be done by you. The waiver by XLS of any default, breach or non-compliance under these Terms of Use will not operate as a waiver of XLS ’s rights under these Terms of Use in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature).

Successors and Assigns

These Terms of Use will take effect to the benefit of, and will be binding on, the parties and their respective successors and permitted assigns provided that you may not assign these Terms of Use or any of your rights or obligations hereunder without the prior written consent of XLS. XLS may assign these Terms of Use or any of its rights or obligations hereunder to a subsidiary or an affiliate or to a purchaser of all or substantially all of XLS ’s assets provided the assignee agrees in writing to assume and be bound by all or the assigned portion of XLS ’s obligations under these Terms of Use, whereupon XLS will be released from all or such assigned portion of its obligations under these Terms of Use.

Electronic Documents

When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Termination

XLS reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

Your Use of the Site

Users may download or print one copy of any and all materials on the site for personal use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. The right to use site materials is not an assignment or grant to any right, title or interest in the trademarks or site materials. Users may not assign or sublicense the trademarks or site material without the prior written consent of XLS or its licensors. You may not use any trademark or site material as part of any name or mark or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor use any trademark in connection with the promotion or sale of any unauthorized services or products or in any manner not expressly authorized in writing by XLS or its licensors. All material on this site is provided for lawful purposes only. Any usage that does not conform to this provision is strictly prohibited.