Dealer's Customer Terms and Conditions

BRIGGS & STRATTON CORPORATION INFOHUB™ STANDBY POWER PRIVACY POLICY (US AND CANADA)

Briggs & Stratton Corporation (“Briggs & Stratton”) understands that privacy is important to our customers and is committed to protecting your privacy.

This InfoHub™ Privacy Policy (“Privacy Policy”) applies when you use the InfoHub Service. InfoHub™ is a software subscription service Briggs & Stratton offers for use by power equipment owners and operators (“Service”). The Service requires the pairing of power equipment and an internet connected device working together (“Equipment”). The Service allows authorized users to collect, analyze, use and store comprehensive data about the Equipment they own or operate. The Service includes analytic information about your use of the Equipment. The Service may include connectivity to allow the Equipment to communicate using the Internet. If you use the Briggs & Stratton website available to the public and not the Service, then you are governed by the Briggs & Stratton Corporation Privacy Policy found at: https://www.briggsandstratton.com/na/en_us/privacy-policy.html and not this Privacy Policy.

This Privacy Policy is part of the Briggs & Stratton InfoHub™ Terms of Use available at https://turf.briggsinfohub.com/terms-conditions.html (“Terms”).

By clicking on “Accept” when you sign into your account, you acknowledge that you have read, understand and agree to comply with this Privacy Policy and that you are entering into a binding contract with Briggs & Stratton. YOU EXPRESSLY CONSENT TO OUR COLLECTION, USE, DISCLOSURE, SHARING AND LICENSING OF INFOHUB DATA AS DESCRIBED BELOW.

This Privacy Policy also explains your rights and choices regarding your personal information, how we communicate changes to this Privacy Policy, and how you may contact us regarding questions or issues with respect to anything contained in this Privacy Policy.

If you reside in the European Economic Area (“EEA”), please note that this Privacy Policy addresses both information for which Briggs & Stratton is acting as a “controller” (for example, your contact information) and information for which Briggs & Stratton is acting as a “processor” (for example, technical data related to your Equipment).

QUICK LINKS

· Changes to Privacy Policy.

· Overview of What Information We Collect and What We Do With that Information.

· What Types of Information Do We Collect?

· How Do We Collect InfoHub Data?

· How Do We Use Personal Information?

· Surveys and Contests.

· How We Share the Personal Information We Collect.

· How We Use Connected Data and Location Data.

· How We Share Connected Data and Location Data.

· Use of Secured Internet Connection.

· Regarding Location Data.

· Right to Use InfoHub Data.

· Tracking and Cookies.

· Log Files.

· Third Party Payment Processor.

· California Online Privacy Protection Act Compliance/Your California Privacy Rights.

· How We Protect the InfoHub Data.

· Use of Personal Information in the U.S. and Abroad.

· How Long We Retain Your Personal Information

· How to Access Your Personal Information

· Governing Law.

· Collection of Information by Third Parties Directly.

· Special Terms Applicable to Individuals Located in the European Economic Area.

· Access by Children

· Have Questions?

CHANGES TO PRIVACY POLICY.

We may, from time to time, update this Privacy Policy in our sole discretion, including in response to legal, technical, or business developments. We encourage you to review our Privacy Policy from time to time for updates. All changes will be effective immediately upon posting to the Service. When we change this Privacy Policy, we will take appropriate measures to inform you of the change, consistent with the significance of the changes made. We will notify you of material changes to this Privacy Policy by prominently posting a notice of such changes or otherwise communicating them to you before making them and by stating the effective date of the changes, in accordance with any applicable laws.

OVERVIEW OF WHAT INFORMATION WE COLLECT AND WHAT WE DO WITH THAT INFORMATION.

The information that we may collect from or about you broadly falls into the following categories: information that you voluntarily provide to us (for example, your contact information and your payment information) and information collected through your use of the Service (for example, Equipment usage data and data collected by cookies and other tracking technologies).

When you use the Service, we collect certain Personal Information, Connected Data and Location Data (all defined below and collectively the “InfoHub Data”) about the users of the Service and the Equipment.

We also analyze the InfoHub Data using analytics tools, with the aim of improving customer efficiency when using the Equipment, and for our own business purposes such as to improve the Service and the Equipment.

We collect, store and share the InfoHub Data as described below.

WHAT TYPES OF INFORMATION DO WE COLLECT?

We collect the following types of InfoHub Data when you use the Service:

· Personal Information or Personal Data.

We collect "Personal Information” or "Personal Data." Personal Information and Personal Data are information that could reasonably be used to identify you individually. Examples of Personal Information and Personal Data include name, email address, mailing address, phone number, other contact information, user ID, password, IP address, device identifiers or MAC identifiers. For convenience, Personal Information and Personal Data may hereafter be collectively referred to as “Personal Information.”

· Connected Data.

We may collect "Connected Data." Connected Data is technical data from your Equipment, including, but not limited to, equipment and engine status, fuel consumption, battery voltage and oil levels. We may change the parameters of the Connected Data which we collect from your Equipment from time to time as we make modifications to the Equipment and the Service.

· Location Data.

We collect “Location Data.” Location Data is data about your Equipment that is automatically collected and which includes:

i. The physical location of Equipment;

ii. Data and information that can be used to identify the individuals using the Equipment, as well as the performance and efficiency of such individuals when they transport and use the Equipment;

iii. Geofence data which is data and information about a specific virtual geographic boundary; and

iv. Data or information which could be used to identify an individual’s activities or Equipment use at a specific location, such as a residence. For instance, this information includes when an individual person is using Equipment at a specific location and at what time of day.

When we use your Personal Information in conjunction with the Location Data, we will treat that Location Data as Personal Information under this Privacy Policy.

Additionally, in some countries, including countries in the EEA, Location Data may be considered “Personal Data” under applicable data protection laws, in which case we will treat that Location Data as Personal Data under this Privacy Policy.

HOW DO WE COLLECT INFOHUB DATA?

We collect certain Personal Information from you when you subscribe to the Service, set up an account, use the Service, make a purchase, or contact us directly.

We collect Connected Data and Location Data through a two-way exchange of data between the equipment and the Service. We automatically collect Connected Data and Location Data when you use the equipment in conjunction with the Service.

The equipment may also contain certain data storage capabilities. These data storage capabilities allow the equipment to collect Connected Data and Location Data even in the absence of a subscription to use the Service.

HOW DO WE USE PERSONAL INFORMATION OR PERSONAL DATA?

We use Personal Information or Personal Data in compliance with applicable laws, including for the following uses:

· To respond to your questions and comments and your requests for products, services or information;

· To facilitate purchases and business transactions;

· To establish and manage your InfoHub accounts with us and to register purchased Equipment;

· To notify you of new Equipment, new features of the Service, changes to our Terms or Privacy Policy, or other similar communications;

· To troubleshoot problems with the Service or the Equipment;

· To Protect our legal rights or interests, or those of third parties, including to bring a legal action against you or anyone who may be causing harm to us, the Service, or to other users of the Service;

· To develop, improve and enhance our products and services, including the Service;

· To perform business analytics on the InfoHub Data;

· To offer, operate, maintain, deliver and update the Service;

· To improve customer service;

· To market and advertising products and services;

· To conduct research and analysis;

· Communicating about special events, sweepstakes, promotions and surveys;

· To identify you in InfoHub and to tailor messages and offers to you based on your interactions with us online;

· To continuously evaluate and improve our user experience;

· In limited circumstances, we may share or license the InfoHub Data for our direct marketing and business purposes, as permitted by applicable law; and

· As requested by or consented to by you.

Surveys and Contests.

From time-to-time the Service requests Personal Information or Personal from users via surveys or contests. Participation in these surveys or contests is completely voluntary, and you therefore have a choice whether or not to disclose this Personal Information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code or age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use of, and your satisfaction with, this Service.

HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT.

We may share your Personal Information with responsible third parties. Unless you give us your permission, we generally will not share Personal Information with third parties except as follows:

· Briggs & Stratton Entities. We may share your Personal Information with our affiliated companies (including our subsidiaries and sister companies), employees, subcontractors, agents, dealers and distributors.

· Third-Party Service Providers: We may share your Personal Information with third-party service providers under contract with Briggs & Stratton or its subsidiaries or affiliates that provide data processing services to us, including to help us provide and manage the Service or the InfoHub Data, to provide products or services to Briggs & Stratton, and to help to enhance the security of the Service and our other services or products. Our service providers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable services to us. Such third-party service providers include, for example, subscription management services, telecommunications providers, credit card payment processors, email marketers, data analytics providers, hosting of the Service, information technology services, weather functions, route optimization functions and chat communications providers.

We also use third-party service providers to help us: (a) troubleshoot problems with the Service; (b) facilitate purchases; (c) perform the functions and analyses of the Services; (d) perform or provide integrations, customizations and other IT work on the Services; (e) develop new products and services; and (f) to engage in marketing activities related to our products or services.

· Strategic Business Partners: We may share your Personal Information with our strategic business partners who provide products and services which complement the products and services offered by Briggs & Stratton, such as independent dealers who sell our products and services and merchant partners who provide related products and services, such as gardening equipment or supplies.

· Direct Marketing Purposes. In limited circumstances, we may disclose your Personal Information for direct marketing purposes as permitted by applicable law.

· Required Disclosures: Sometimes we may be required to share Personal Information in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.

· Legal Compliance and Protections: We may disclose account and other personal information when we believe disclosure is necessary to comply with the law or protect the rights, property, or safety of Briggs and Stratton, its subsidiaries or affiliates, our users, or others, such as in emergency situations to protect wellness, safety and security of persons and property. This includes exchanging Personal Information with other companies and organizations for fraud protection and credit risk reduction.

· Corporate Transactions: We reserve the right to disclose and transfer the InfoHub Data, including your Personal Information:

1. To a subsequent owner, co-owner, or operator of the Service or successor database; and

2. In connection with a corporate merger, consolidation, the sale of substantially all of our stock and/or assets or other corporate change, including to any prospective purchasers.

· Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys and accountants, in their capacity as advisors to Briggs & Stratton, including, but not limited to, for advice on potential or actual litigation matters.

· At Your Request or With Your Express Consent. We may share Personal Information with third parties in ways not specifically described in this Privacy Policy when requested or consented to by you, or for the purposes for which you disclosed the Personal Information to us, as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure from the context of collection).

HOW WE USE CONNECTED DATA AND LOCATION DATA.

Briggs & Stratton may use, and permit third parties to use the Connected Data and Location Data for the same purposes that Briggs & Stratton uses Personal Information. In addition, Briggs & Stratton may use, and permit third parties to use, Connected Data and Location Data for any other legal business purpose as determined by Briggs & Stratton in its sole discretion.

Examples of potential uses of Connected Data and Location Data include, but are not limited to: improving, analyzing, marketing, benchmarking and troubleshooting issues related to the Service and improvement of our products and services.

HOW WE SHARE CONNECTED DATA AND LOCATION DATA.

Briggs & Stratton may share Connected Data and Location Data with the same parties it shares your Personal Information with listed above. Briggs & Stratton may also share and license the Connected Data and Location Data to additional third parties for any other business purpose, as determined in Briggs & Stratton’s sole discretion.

USE OF SECURED INTERNET CONNECTION.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU USE A SECURE INTERNET CONNECTION WHEN USING THE EQUIPMENT AND THE SERVICE. BRIGGS & STRATTON DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE INFOHUB DATA, THE EQUIPMENT OR THE SERVICE BECAUSE OF YOUR USE OF AN UNSECURE INTERNET CONNECTION.

REGARDING LOCATION DATA.

The Service not only provides you data and information about the location of Equipment, but may also provide you information about the location and efficiency of the individuals using the Equipment. You are solely responsible and liable for compliance with applicable laws relating to your use of the Equipment and the Service, including those relating to employee rights and privacy.

A. For Business Owners. If you are an employer or other account holder (e.g. equipment dealer) with a Primary Account (as defined in the Terms), you have the ability to combine Location Data with Personal Information in your possession to determine the location of those employees or other individuals using the Equipment. You can also obtain certain efficiency data about those employees and other individuals. It is a best practice to ensure your company policies address any types of employee monitoring or tracking and comply with applicable laws such as the National Labor Relations Act and other privacy laws.

IF YOU ARE AN EMPLOYER OR OTHER ACCOUNT HOLDER, YOU EXPRESSLY AGREE THAT YOU WILL SECURE PRIOR WRITTEN CONSENT FROM YOUR EMPLOYEES, AUTHORIZED USERS, AND CUSTOMERS PRIOR TO USING THE SERVICE, AND HAVE OBTAINED THEIR PRIOR WRITTEN CONSENT THAT THEIR LOCATION MAY BE TRACKED AND THAT THEY UNDERSTAND THAT THIS PRIVACY POLICY APPLIES TO YOUR (AND THEIR) USE OF THE SERVICES.

B. For Consumers. The Service provides you and Briggs & Stratton the location of the Equipment, which in most cases will provide Personal Information about the use of the Equipment at your place of residence. For example, this includes information such as the location of your residence and the time of day when you used the Equipment.

Be mindful with whom you provide access to this Personal Information. Be cautious about accessing your account on a shared computer or using a public network to avoid unauthorized access to your Personal Information.

THIS INFORMATION IS FOR YOU CONVENIENCE AND IS NOT LEGAL ADVICE. WE DO NOT PROVIDE YOU LEGAL ADVICE AND IF YOU HAVE ANY QUESTIONS OR CONCERNS, YOU SHOULD SEEK THE ADVICE OF COUNSEL.

RIGHT TO USE INFOHUB DATA.

You expressly agree that Briggs & Stratton has a perpetual, non-cancellable, irrevocable, sublicensable, transferable, royalty free right and license to collect, store, use and share the InfoHub Data received by Briggs & Stratton when you use the Service, except to the extent prohibited by applicable law.

TRACKING AND COOKIES.

A. “DO NOT TRACK” BROWSER SETTINGS. The Service does not support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit know that you do not want the sites collecting your personally identifiable information. We will not collect personally identifiable information about your online activities over time and across third-party websites or online services regardless of whether you choose the DNT browser preference.

B. COOKIES. We use cookies to help us understand and save your preferences for future visits to InfoHub and to compile aggregate data about your traffic and interactions so that we can offer better experiences and tools in the future. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We may contract with third-party service providers to assist us in better understanding our users. These service providers are permitted to use the information collected on our behalf only to help us conduct and improve our business.

We use cookies to track how you access and use the Service, to learn when and how users visit the Service, to learn how popular Service pages are and aren’t, to learn which search terms are used to find the Service, to learn which websites direct you to the Service, and to recognize Service users. We also use cookies to help display certain information on the Service and to improve your enjoyment of the Service, for example, by remembering your contact and other information when you access or use the Service.

You can find more information on our cookie policies by visiting our cookie policy at https://www.briggsandstratton.com/eu/en_gb/cookie-policy.html, which is incorporated into this Privacy Policy.

Most browsers automatically accept cookies. You can disable cookies but disabling cookies may impact your use and enjoyment of the Service. Most browsers allow users to manage cookies in the browser’s settings. If you prefer, some browsers may allow you to choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies by adjusting your browser settings. If you turn your cookies off, the Service may not function properly. However, if you experience an issue, you can contact customer service.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file. Our Service suppliers may use cookies and other tracking technologies, such as pixel tags, to track Service visitors across the Internet to understand how you get to the Service. We do not have access or control over these cookies and this Privacy Policy does not cover the use of third-party cookies.

LOG FILES.

The Site uses Internet Protocol (“IP”) addresses to analyze trends, administer the Site, track user movements, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information. An Internet Service Provider (“ISP”) typically assigns a random dynamic IP address at the time of your dial-up. For local area network (“LAN”), DSL, or cable modem users, a static IP address may be permanently assigned to a particular computer. We may record the IP addresses of users of the Service. While an IP address may reveal your ISP or geographic area, we do not intend to use that information to identify you solely based upon your IP address. Other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but we never associate these IP addresses with specific Internet users.

THIRD PARTY PAYMENT PROCESSOR.

When you purchase a subscription to use the Service and make recurring payments, you are directed to a third-party portal (“Payment Portal”) to make such payments that is controlled by Zuora, Inc., a third-party payment processor (“Payment Processor”). When you make payments through the Payment Portal, you are subject to the Payment Processor’s terms, conditions and data collection practices (“Payment Processor Terms”), not these Terms. https://www.zuora.com.

Any financial information, such as your credit card number and other credit card information necessary to make a purchase, is collected directly by the Payment Processor. Briggs & Stratton does not receive your credit card information or other financial information when you make a purchase through the Payment Portal. Briggs & Stratton may receive certain Personal Information necessary to finalize orders such as your name, address, phone number and email address.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE/YOUR CALIFORNIA PRIVACY RIGHTS.

California residents who use this Service may request that we provide certain information regarding our disclosure of the user’s Personal Information to third parties for their direct marketing purposes. You can make such a request by email or by mail to:

Briggs & Stratton Corporate Headquarters

P.O. Box 702

Milwaukee, WI 53201

HOW WE PROTECT THE INFOHUB DATA.

We work to protect the security of the InfoHub Data. During transmission of Personal Information between you and our Site, we use Secure Sockets Layer (SSL) software to encrypt information you input.

Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Information. We make commercially reasonable efforts to protect the InfoHub Data and we have implemented reasonable physical, operational and technical safeguards in place for doing so. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, you provide InfoHub Data, including Personal Information and use the Service at your own risk. BRIGGS & STRATTON IS NOT LIABLE TO YOU FOR ANY LOSS OF INFOHUB DATA OR HARM RESULTING FROM DISCLOSURE OF YOUR INFOHUB DATA.

USE OF PERSONAL INFORMATION IN THE U.S. AND ABROAD.

You consent to the collection and processing of your Personal Information in the United States, regardless that certain governmental authorities outside of the United States might require a different level of protection of Personal Information.

HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

Briggs & Stratton will retain Personal Information for as long as we need that Personal Information for or otherwise it serves the purposes outlined in this Privacy Policy and in accordance with our applicable agreement(s) with you, subject to longer retention periods as required or permitted by applicable law (e.g., tax, accounting, and other legal requirements). When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if that is not possible (e.g., because your Personal Information has been stored in back-up archives), we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

For Personal Information that we process on behalf of our customers, we will retain that Personal Information in accordance with the terms of our agreement with them, subject to applicable law.

GOVERNING LAW.

This Privacy Policy is governed by the laws of the State of Wisconsin, without reference to its conflict of laws principles. However, if you are located in the EEA, this Privacy Policy is governed by the laws of the country of which you are a resident.

COLLECTION OF INFORMATION BY THIRD PARTIES DIRECTLY.

This Privacy Policy does not apply to any information that you provide to, or that is collected by, any third-party website operator, by your browser, or by any third-party service provider, including the Payment Processor. Briggs & Stratton is not responsible or liable for any information that you provide to, or that is collected by, any such third-party service providers.

SPECIAL TERMS APPLICABLE TO INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA.

International Transfers of Your Personal Data: In operating the Service, your Personal Data may be transferred to, stored in, and processed in countries other than the country in which you are resident, including, as applicable, the United States. Those countries may have data protection laws that are different from those of your country and, in some cases, may not be as protective. Specifically, our website servers and some of our service providers are located in the United States and our affiliated companies and third-party service providers and partners operate around the world. This means that when we collect your Personal Data, we may process it in other countries. Briggs & Stratton has, however, taken appropriate safeguards to require that your Personal Data will remain protected in accordance with this Privacy Policy. Briggs & Stratton is certified under the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework for data transfers to the United States. For more information, you can read our Privacy Shield Policy.

Legal Basis for Processing Your Personal Data: Briggs & Stratton processes your Personal Data with your consent and for its legitimate interests, including the following:

Where we need the Personal Data to perform a contract with you (e.g., to deliver services you have requested);
Internal administration of the website and related functions;
Network and information security;
Fraud prevention;
Reporting suspected criminal acts;
Compliance with the law or to protect the rights, property, or safety of Briggs & Stratton, our users, or others; and
Where we have your consent to do so.

If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided further below provided below under “Questions.”

Your Rights and Choices Regarding Your Personal Data: Briggs & Stratton will comply with requests to exercise individual data rights in accordance with applicable law. You can contact us to request to exercise your data rights. As an individual located in the EEA, you are not required by statute or by contract to submit any Personal Data to the Service. Briggs & Stratton will not use your Personal Data submitted through the Service for automated decision-making, including profiling. You have the right to access your Personal Data as collected by the Service and to request that Briggs & Stratton update, correct or delete your Personal Data on the Service as provided by applicable law. You also have the right to object to, or restrict, Briggs & Stratton’s processing of your Personal Data.

You have the right to object to the processing of their Personal Data for purposes of Briggs & Stratton’s direct marketing or legitimate interests. You also have the right to data portability concerning your Personal Data. Subject to certain limitations, the right to data portability allows you to obtain from Briggs & Stratton, or to ask Briggs & Stratton to send to a third party, a digital copy of the Personal Information that you have submitted to the Service. Your right to access your Personal Data includes the right to receive a copy of all, or a portion, of your Personal Data in Briggs & Stratton’s possession as long as Briggs & Stratton’s providing the Personal Data would not adversely affect the rights and freedoms of others.

You have the right to opt out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt out” link in the marketing e-mails we send you. To opt out of other forms of marketing, such as postal marketing or telemarketing, if applicable, then please contact us using the contact information provided below under “Questions.” For details on how to manage your preferences for cookies and tracking technologies within your web browser, please read the information provided above under “Tracking and Cookies.”

You can exercise the rights described above by contacting us or by emailing us at privacy@basco.com. Briggs & Stratton will respond to such requests in accordance with applicable data protection law. EU Individuals also have the right to lodge a complaint with the relevant data protection authority if they believe that their Personal Information has been processed in violation of applicable data protection law. For more information please contact your local data protection authority. Contact information for data protection authorities in the EEA is available here.

Withdrawal of Consent: You may use the contact information above, at any time, to withdraw your consent for the processing of your Personal Information where Briggs & Stratton requires their consent as a legal basis for processing your Personal Information. Any withdrawal will apply only prospectively, and Briggs & Stratton will continue to retain the information that you provided before you withdrew your consent for as long as allowed or required by applicable law. Additionally, any withdrawal will not affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

ACCESS BY CHILDREN

The Service is not directed at children under 16 years of age. Briggs & Stratton does not knowingly collect or use information from children under 16 through the Service. If you have reason to believe that a child under the age of 16 has provided Personal Information to us through the Service, please contact us at privacy@basco.com and we will use commercially reasonable efforts to delete that information.

HAVE QUESTIONS?

If you have any questions about our Privacy Policy, we will do our best to answer them. Here is how to contact us:

Mailing Address:

Briggs & Stratton Corporation

12301 W. Wirth Street

Wauwatosa, WI 53222

You may also contact our Customer Service Team at 1-833-INFOHUB (1-833-463-6482).

You may also direct privacy related concerns to our Legal Department as follows: privacy@basco.com.

If you are a resident of the EEA, please note that the data controller responsible for your Personal Data is the Briggs & Stratton company or branch located in your applicable country in the EEA and the designated representative is Briggs & Stratton U.K. Limited located in the United Kingdom.

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Rev. 08/2019

BRIGGS & STRATTON CORPORATION INFOHUB™STANDBY POWER TERMS OF USE (U.S. AND CANADA)

Welcome to the InfoHub™ online software subscription service (including the mobile app, "Service"). You (or, if applicable, your dealer on your behalf) subscribe to InfoHub (the subscribing party hereafter referred to as the “Account Holder”) by agreeing to the terms of the Standby Power Subscription Services Agreement (“Subscription Agreement”). These InfoHub Standby Power Terms of Use (“Terms”) apply to your use of the Service in connection with your eligible internet connected standby power equipment.

By accessing or using the Service, you represent to Briggs & Stratton Corporation (“Briggs & Stratton,” “we,” or “us”) that you are at least eighteen (18) years old (or the age of majority in the jurisdiction in which you reside) and that you have the authority to accept these Terms.

PLEASE READ THESE TERMS CAREFULLY.

BY ACCESSING OR USING THE SERVICE, INCLUDING BY downloading, installing, or using the mobile app, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH THESE TERMS AND THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH BRIGGS & STRATTON. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.

DESCRIPTION OF THE SERVICE

The Service is a software subscription service Briggs & Stratton offers for use by standby power equipment owners and operators when such owners and operators purchase a subscription under separate terms and conditions contained in the Subscription Agreement. The Service requires the pairing of your equipment with an InfoHub Standby power device and an internet connection (“Equipment”). The Service allows authorized users (including your authorized dealer, if applicable) to collect, use, analyze and store certain data about the Equipment you own or operate. The Service may give you access to various types of information about your equipment, such as run time, equipment status, maintenance, hours of operation, utilization conditions, battery voltage levels, and equipment connectivity status. The Service also includes analytics information about your use of the Equipment. The Service may include connectivity to allow the Equipment to communicate using the Internet.

LICENSE GRANT

Upon entering into the Subscription Agreement, paying the fee to use the Service (“Subscription Fee”) and acceptance of these Terms and the InfoHub Standby Power Privacy Policy, Briggs & Stratton grants you a limited, non‑exclusive, revocable, non‑transferable, non‑sublicensable, right and license to use the Service, the Documentation and the Content (defined below), during the term described in the Subscription Agreement.

USER ACCOUNTS

To use the Service, the Account Holder must first create a user account.

Creating an Account. When the Account Holder creates a user account, it agrees to provide truthful information and to keep the information current. The Account Holder needs to provide the equipment serial numbers when it creates the account.
Primary and Secondary Accounts. The initial account Account Holder creates will be the primary account for the Service (“Primary Account”). The Account Holder may permit other users (including your authorized dealer, if applicable) to access and use the Service by creating secondary accounts. The Account Holder will have access to certain functionality in the Service which is greater than the access provided to the secondary accounts. The Account Holder shall be liable to Briggs & Stratton for any claims or losses which arise or relate to use of the Primary Account or any secondary accounts, including, but not limited to, any violations of the Subscription Agreement, these Terms, the InfoHub Standby Power Privacy Policy, or applicable law.
Passwords. After creation of the Primary Account, the Account Holder may arrange for secondary account users to create their own user name and password information. All users must keep their own user name and password strictly confidential and not share that information with any third party.

SCOPE OF USER REQUIREMENTS

You may only use the Service in connection with your use of the Equipment for your personal or business purposes in the United States, its territories or possessions, Canada, and the European Economic Area
You may not use the Service, the Documentation or the Content to develop a competitive product or service or to build a product or service using similar ideas, features, functions or graphics of the Service or any other aspect of the Content (as defined below).
You may not access or use the Service, the Documentation, the Content or the InfoHub Data in violation of any applicable laws, rules or regulations.
You may not rent, resell, time-share, transfer, loan, lease, license, sub-license, distribute, assign or otherwise permit third parties to access, view or use all or any of the Service, the Documentation or the Content. You may not include the Service or Content in a service bureau or outsourcing offering. Nothing in this provision prohibits you from permitting your authorized dealer or your other authorized users to utilize the Service as otherwise permitted in these Standby Terms.
You may only use the Service, Documentation or Content within the scope of your contractual rights under the Subscription Agreement, including these Terms and the InfoHub Standby Power Privacy Policy.
You may not remove any patent, copyright, trademark or other notices of intellectual property rights from the Service, the Documentation or the Content.

MOBILE APP UPDATES

We reserve the right to update and otherwise modify the mobile app at any time, including the right to delete and modify certain features and functionality, without liability to you. You will promptly download and install any available updates. Any failure to use the latest version of the mobile app may result in the app not operating properly. These Terms govern all updates unless the update is accompanied by a separate agreement, in which case that separate agreement will govern. If there are multiple versions of the mobile app available for download, these Terms apply to all versions of the mobile app regardless of the location from where it is downloaded.

EQUIPMENT REQUIREMENTS

YOU MUST USE PROPER SAFETY MEASURES WHEN YOU OPERATE OR USE THE EQUIPMENT IN CONJUNCTION WITH THE SERVICE. YOU MUST REPAIR AND MAINTAIN THE EQUIPMENT IN ACCORDANCE WITH THE RELEVANT OPERATOR’S MANUAL. FAILURE TO DO SO MAY RESULT IN DAMAGE TO THE EQUIPMENT, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH. YOU ACCESS AND USE THE SERVICE IN CONNECTION WITH YOUR EQUIPMENT AT YOUR OWN RISK AND SHOULD ONLY USE THE EQUIPMENT WHEN YOU CAN SAFELY OPERATE THE EQUIPMENT.
YOU MUST COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS WHEN YOU USE THE EQUIPMENT, WHETHER OR NOT IN CONJUNCTION WITH THE SERVICE.
THE SERVICE IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, TO PREVENT OR AVOID ANY HAZARD OR RISK.

· IF YOUR USE OF THE SERVICE RESULTS IN THE NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME ALL COSTS OF SUCH ACTIVITIES.

TECHNOLOGICAL REQUIREMENTS

The Service is available in the United States, its territories and possessions Canada, and certain areas of the European Economic Area.
The Service is only available if your internet, wireless connection, and mobile connection (together, “Connection”) is working properly and when that Connection is technically compatible with the Equipment. You are responsible to pay for and maintain reliable wireless and internet connectivity, as necessary, for any electronic device you use to connect to the Service.
If you use the Equipment in a location where only a weak Connection is available, your use of the Service may be delayed or interrupted. If you use the Equipment in a location out of range of a Connection, you may be unable to access the Service.
In certain instances, the Service will be subject to limitations, interruptions and restrictions outside of the control of Briggs & Stratton, including, but not limited to, lack of internet availability, lack of wireless network capabilities, cellular disruptions, environmental, weather or atmospheric conditions, cybersecurity attacks, or other issues related to the location of the Equipment.
The Equipment will capture and store some Connected Data and Location Data (as defined in the InfoHub Standby Power Privacy Policy) even if you are not within cellular range. If the battery dies on your Equipment, you have a short period of time before you will lose the Connected Data and Location Data stored in the Equipment.
Electrical noise from the Equipment or the location of the Equipment in proximity to other equipment (such as proximity to transformers) may cause interference with the Equipment.
The Equipment may be unable to collect data and you may be unable to transfer data to the Service if you do not maintain the Equipment in good working order, or if you attempt to alter or modify the Equipment.
Briggs & Stratton makes no representation that the Service or Content is appropriate or available for use outside the United States, its territories and possessions, Canada, or the European Economic Area, and access to the Service from territories where its contents are illegal is prohibited.

ACCURACY OF CONTENT

Briggs & Stratton uses reasonable care when creating and providing the Documentation and Content available when you use the Service in connection with the Equipment. The Documentation and Content may contain mistakes, inaccuracies, errors, or omissions and may be outdated. The Service is designed to maximize the connected functionality of the Equipment. We are not liable to you or any third party for any issues with regard to the Documentation or Content you access when using the Service.

OWNERSHIP OF SERVICE AND CONTENT

Briggs & Stratton or its licensors own the Service, including, but not limited to, the software, the platform, the look and feel of the platform, and the Content, the Documentation and the Analytics Data (as defined below).
Briggs & Stratton, its affiliates or its licensors own any compilations, images, photography, graphics, artwork, text and other information and material found within the Service, exclusive of your InfoHub Data (“Content”).
You may copy, download, import or export your InfoHub Data (defined below) using the tools provided in the Service.
The Service, the Documentation and the Content are protected by certain patent, copyright, trademark, trade secret or other intellectual property laws. All rights not expressly granted to you in these Terms are reserved and retained by Briggs & Stratton or its licensors.
You may not reverse engineer the Service, the Documentation or the Content. Unauthorized use of the Service, the Documentation, the Content or the InfoHub Data may violate applicable laws, including, but not limited to, intellectual property laws or data privacy or security laws.
You may not incorporate any portion of the Service, the Documentation or the Content into other programs, compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Service, the Documentation or the Content in whole or in part.

DATA SECURITY AND PRIVACY AND OWNERSHIP OF INFOHUB DATA

When you use the Service, you will provide or we and our authorized dealers may collect certain Personal Information, and Location Data, as such terms are defined in the InfoHub Standby Power Privacy Policy (collectively, “InfoHub Data”).
We will handle any InfoHub Data we collect from your use of the Equipment and the Service in accordance with the terms of the Standby Privacy Policy, which is available at https://standby.briggsinfohub.com/privacy-policy.html (“Standby Privacy Policy”).
As between the parties and other than as may be prohibited by applicable law, Briggs & Stratton will own all InfoHub Data. We will utilize the InfoHub Data as described in the Standby Privacy Policy and as permitted by applicable law.

· Briggs & Stratton may aggregate and anonymize, both itself and using third-party analytics providers, the InfoHub Data into analytics data for its business purposes, excluding any Personal Data. (“Analytics Data”). Briggs & Stratton will own all such Analytics Data.

PROHIBITED USES

When accessing and using the Service, the Content and the InfoHub Data, you shall not:

use the Service for unlawful purposes;
disable, overburden, damage or impair the Service, or its functionality, or interfere with any other party’s access to or use of the Service;
cause harm or damage to any person or entity;
interfere with the proper operation of the Service;
use any automatic device, process or means to access the Service or the Content for any purpose, including monitoring or copying any Content;
attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service or the Content or any server, computer or database connected to the Service;
use any device, software or routine that interferes or attempts to interfere with the proper functionality of the Service or which corrupts, alters, damages or deletes the Content or the InfoHub Data;
provide or introduce any virus, Trojan horse, malware, worm, ransomware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, equipment or Content, or InfoHub Data associated with the Service (“Malware”);
impose an unreasonable or disproportionately large load on our computer system, including, but not limited to, sending spam or unsolicited mass email, or otherwise attempt to interfere with the proper functioning of the Service or the Content;
use the Service in violation of these Terms or the copyright, trademark, trade secret, privacy or other rights of any third party, or for any other unauthorized or illegal purpose or in a way that is infringing on or is in violation of the privacy, intellectual property or other rights of any third party;
use the Service to develop, create, produce, enhance, or add to any database;
develop, assist in developing, or have developed on behalf of yourself or any other person any software, technology, or services that compete with or are substantially similar to the Service;
access, use, or analyze the Service for any purpose that is to Briggs & Stratton’s detriment or commercial disadvantage;
upload, post, store, email, hack or otherwise send or transmit any material using the Service that is offensive, obscene, scandalous, libelous, discriminatory, contains hate speech, or contains Malware;
attempt to or copy, reproduce, download modify, make, reverse engineer, decompile, disassemble, have made, sell, resell, market, or create derivatives from the Service, the Documentation, the Content or the InfoHub Data; nor
allow non-authorized persons to access or use the Service, the Documentation, the Content or the InfoHub Data.

TRADEMARKS

The terms “Briggs,” “Briggs & Stratton,” the Briggs & Stratton logo, InfoHub™ and all related names, logos, equipment and service names, designs and slogans, whether registered or unregistered (collectively, “Marks”), are trademarks of Briggs & Stratton or its subsidiaries, affiliates or licensors. You must not use or display such Marks without the prior written permission of Briggs & Stratton.

SALE OR TRANSFER OF THE EQUIPMENT

You must notify us if there is a sale or transfer of ownership of the Equipment. Any new owner must create a new registration in order to access and use the Service in connection with the Equipment. Further, a new subscription agreement must be created by the new owner in order to use the Service.

RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE SERVICE

Briggs & Stratton reserves the right to suspend or terminate your access to the Service without prior notice or liability, including, but not limited to, if you violate these Terms, the Standby Privacy Policy, the Subscription Agreement, or applicable law. This will prevent you from using the connected features of the Equipment. We may immediately suspend the Service if, in our judgment, Account Holder’s or its Authorized Users’ use of the Service, the Content or the InfoHub Data threatens the security, integrity or availability of the Service, the Content, or the InfoHub Data. We will use commercially reasonable efforts under the circumstances to provide you with notice of such suspension.

If Account Holder unsubscribes from the Service or we terminate its access for non-payment or breach of the Subscription Agreement or these Terms, Account Holder will have forty-five (45) days to retrieve its InfoHub Data. It is Account Holder’s obligation to download its InfoHub Data during that forty-five (45) day time period. If we terminate access to the Service for Account Holder’s non-payment, Account Holder must bring its account current prior to downloading the InfoHub Data.

If we terminate the account in accordance with this provision, we will delete the account but we may retain your InfoHub Data in accordance with the Standby Privacy Policy, with no further legal obligation or liability to you.

In addition, we reserve the right to discontinue offering the Service at any time, in our sole discretion.

MOBILE APP MARKETPLACES

These Terms do not modify any agreement between you and the applicable mobile app marketplace (e.g. Google Play or Apple’s App Store). You understand that these Terms are entered into between you and Briggs & Stratton and not between you and any mobile app marketplace. You further understand that Briggs & Stratton, and not any mobile app marketplace, is responsible for the mobile app, including its content, and for addressing any claims (yours or a third party’s) relating to the mobile app or your use of the mobile app. The applicable mobile app marketplace has no obligation whatsoever to furnish any maintenance or support services with respect to the mobile app.

“AS IS” SERVICE; NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIGGS & STRATTON PROVIDES THE SERVICE, THE DOCUMENTATION, THE CONTENT AND THE INFOHUB DATA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIGGS & STRATTON EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES RELATED TO THE SERVICE, THE DOCUMENTATION, THE CONTENT OR THE INFOHUB DATA, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIGGS & STRATTON MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THE INFOHUB DATA, NO WARRANTY THAT THE SERVICE, THE CONTENT OR THE INFOHUB DATA WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, AND NO WARRANTY THAT ANY DEFECTS IN THE SERVICE, THE DOCUMENTATION, THE CONTENT OR THE INFOHUB DATA WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS OR AVAILABILITY OF THE SERVICE OR THE INFOHUB DATA, NOR ANY ERRORS OR OMISSIONS IN THE SERVICE, THE DOCUMENTATION, THE CONTENT, OR THE INFOHUB DATA.

IF YOU ARE NOT SATISFIED WITH THE SERVICE, THE DOCUMENTATION, THE CONTENT OR THE INFOHUB DATA, ACCOUNT HOLDER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR SUBSCRIPTION AND CEASE USING THE SERVICE.

SOME U.S. STATES, CANADIAN PROVINCES, AND OTHER JURISDICTIONS DO NOT PERMIT WARRANTY EXCLUSIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT OF ANY FAILURE OF THE MOBILE APP, AS MADE AVAILABLE VIA A MOBILE APP MARKETPLACE, TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY THE APPLICABLE MOBILE APP MARKETPLACE AND IT WILL REFUND TO YOU THE PURCHASE PRICE FOR THE MOBILE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICABLE MOBILE APP MARKETPLACE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE MOBILE APP TO CONFORM TO ANY WARRANTY WILL BE SOLELY YOUR RESPONSIBILITY.

EQUIPMENT WARRANTY

THE WARRANTY FOR THE EQUIPMENT IS COVERED UNDER THE TERMS ON WHICH YOU PURCHASED THAT EQUIPMENT AND NOT THESE TERMS. THESE TERMS DO NOT PROVIDE YOU WITH ANY ADDITIONAL WARRANTY OR OTHER RIGHTS IN RELATION TO THE EQUIPMENT.

RISKS OF INTERNET USAGE

YOU UNDERSTAND THAT WE CANNOT, AND DO NOT, GUARANTEE OR WARRANT THAT THE SERVICE OR THE CONTENT WILL BE FREE OF VIRUSES OR MALWARE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND DATA PROTECTION, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR ANY RECONSTRUCTION OF ANY LOST DATA. YOUR DATA MAY BE INTERCEPTED AND YOUR DATA COULD BE MISUSED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRIGGS & STRATTON, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DEALERS, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, SUCCESSORS OR ASSIGNS (TOGETHER, “BRIGGS & STRATTON PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DELAYS, PROBLEMS, DELIVERY FAILURES, DETERIORATION, DEGRADATION, OR LOSS IN OR OF ABILITY TO USE THE SERVICE, THE DOCUMENTATION, THE CONTENT OR THE INFOHUB DATA OR THAT ARE IN ANY WAY ATTRIBUTABLE TO: COMMUNICATIONS NETWORKS AND FACILITIES OUTSIDE BRIGGS & STRATTON’S DEMARCATION POINT, CONNECTIVITY OR NETWORK ACCESS WHICH IS OUTSIDE OF THEIR REASONABLE CONTROL, ANY THIRD-PARTY PRODUCT, SERVICE OR SOFTWARE WHICH BRIGGS & STRATTON DOES NOT CONTROL, THE INTERNET, OR ACCOUNT HOLDER’S OR ITS AUTHORIZED USERS’ FAILURE TO MAKE COMMERCIALLY REASONABLE ADJUSTMENTS WHEN RECOMMENDED BY BRIGGS & STRATTON TO DO SO.

SOME U.S. STATES, CANADIAN PROVINCES, AND OTHER JURISDICTIONS DO NOT PERMIT LIMITATION OF LIABILITY PROVISIONS FOR CERTAIN CLAIMS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING OR THE BELOW CONSEQUENTIAL DAMAGES EXCLUSION, IN NO EVENT WILL THE BRIGGS & STRATTON PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY IN AN AMOUNT GREATER THAN THE AMOUNT OF THE FEES PAYABLE BY CUSTOMER UNDER THE SUBSCRIPTION AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM ARISING FROM OR RELATED TO THE USE, ACCESS, INABILITY TO USE OR ACCESS, OR THE RESULTS OF USE OF THE SERVICE, THE INFOHUB DATA OR THE SUBJECT MATTER OF THESE TERMS, THE SUBSCRIPTION AGREEMENT, OR THE PRIVACY POLICY.

SOME U.S. STATES, CANADIAN PROVINCES, AND OTHER JURISDICTIONS DO NOT PERMIT LIMITATION OF LIABILITY PROVISIONS FOR CERTAIN CLAIMS, SO THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS MAY NOT APPLY TO YOU.

CONSEQUENTIAL DAMAGES EXCLUSION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BRIGGS & STRATTON PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY: (A) INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES; (B) LOST PROFITS, LOST DATA OR LOSS OF USE OF DATA, LOST REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE, OR BUSINESS INTERRUPTION; OR (C) EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

(a) YOUR USE, INABILITY TO USE OR THE RESULTS OF THE USE OF THE SERVICE, THE DOCUMENTATION, THE CONTENT, THE EQUIPMENT, OR THE INFOHUB DATA;

(b) THE RESULTS OF YOUR USE OF THE SERVICE, THE DOCUMENTATION, THE CONTENT, THE EQUIPMENT OR THE INFOHUB DATA;

(c) A DATA SECURITY OR PRIVACY BREACH OR INCIDENT RELATED TO THE SERVICE, THE CONTENT, THE EQUIPMENT OR THE INFOHUB DATA;

(d) LOST, CORRUPTED OR COMPROMISED DATA RELATED TO YOUR ACCOUNT OR YOUR USE OF THE SERVICE, THE CONTENT OR THE INFOHUB DATA;

(e) LOSS OF ENJOYMENT OF THE SERVICE, THE CONTENT, THE INFOHUB DATA OR EQUIPMENT OR BUSINESS INTERRUPTION;

(f) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, THE SERVICE, THE DOCUMENTATION, THE CONTENT OR THE INFOHUB DATA;

(g) ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, THE SERVICE; OR

(h) YOUR VIOLATION OF THE SUBSCRIPTION AGREEMENT OR THESE TERMS.

THE LIMITATIONS OF LIABILITY AND CONSEQUENTIAL DAMAGES EXCLUSIONS UNDER THESE TERMS WILL APPLY WHETHER A CLAIM IS BASED UPON A BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR ANY BRIGGS & STRATTON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FURTHER INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS RELATED TO ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF THE SERVICE, EVEN IF CAUSED BY OUR NEGLIGENCE.

SOME U.S. STATES, CANADIAN PROVINCES, AND OTHER JURISDICTIONS DO NOT PERMIT EXCLUSIONS FOR CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TIME FRAME FOR CLAIMS

Except where prohibited by applicable law, you must bring any action arising out of these Terms within one (1) year after the facts giving rise to the cause of action have occurred.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Briggs & Stratton Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or related to a violation of these Terms or your use of the Service, the Documentation, the Content or the InfoHub Data or the Standby Privacy Policy, including, but not limited to, claims that arise from a data privacy or security breach or incident.

GOVERNING LAW

Except as expressly set forth below, these Terms are governed by the laws of the State of Wisconsin, United States, without reference to its conflict of law principles. These Terms shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the International Sale of Goods Act (Ontario), or the Uniform Computer Information Transactions Act (UCITA), as amended, replaced or re-enacted from time-to-time, the application of any of which is hereby expressly excluded.

Exclusion of Liabilities; Consumer Protection Notices

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence.

If you are a New Jersey Resident:

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for: (i) negligence, (ii) products liability claims, (iii) punitive damages, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

Briggs & Stratton reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

If you are a Consumer located in Quebec:

Notwithstanding anything to the contrary herein, for consumers located in the Province of Quebec only, these Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule. Furthermore, any provisions in these Terms regarding (a) any stipulation whereby Briggs & Stratton is liberated from the consequences of its own acts and (b) any warranty exclusions prohibited by applicable law shall not apply with respect to consumers located in Quebec.

Notwithstanding language to the contrary below, in the event of conflict between the English and French versions of these Terms, the terms most favorable to the consumer shall apply.

Briggs & Stratton reserves all rights, defenses and permissible limitations under the laws of Canada, including, but not limited to, the Province of Quebec.

DISPUTE RESOLUTION

Any dispute, claim, or controversy arising out of or relating to the Service, the InfoHub Data, or these Terms will be resolved by binding arbitration on an individual basis as described in the Subscription Agreement.

Waiver of Class Action

BY ACCEPTING THESE TERMS AND EXCEPT WHERE EXPRESSLY PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIMS AGAINST BRIGGS & STRATTON BASED ON THE SUBJECT MATTER OF THESE TERMS, THE SUBSCRIPTION AGREEMENT, OR THE PRIVACY POLICY, OR WITH REGARD TO THE SERVICE, THE DOCUMENTATION, THE CONTENT, THE INFOHUB DATA OR THE ANALYTICS DATA, ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY CLASS ACTION LAWSUIT OR PURPORTED CLASS ACTION LAWSUIT.

COMPLIANCE WITH EXPORT LAWS

You may not use or otherwise export or re‑export the Service, except as authorized by United States or Canadian law and the law of any other applicable jurisdiction. In particular, you may not export or re‑export the Service to: (a) any United States embargoed country or to anyone on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Persons List or Entity List; or (b) countries listed on Canada's Area Control List, countries with export prohibitions or limitations due to current economic sanctions, or entities or persons with export prohibitions or limitations due to terrorism designations. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiaries

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Briggs & Stratton, except that the applicable mobile app marketplace(s) and their respective affiliates are third-party beneficiaries of these Terms. Accordingly, the applicable mobile app marketplace has the right to enforce these Terms against you.

GENERAL

No waiver by us of any term or condition set forth in these Standby Terms shall be deemed a waiver of such term or condition, or any other term or condition, and any failure of Briggs & Stratton to assert a right under these Terms shall not constitute a waiver of such right. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of these Terms will continue in full force and effect.

ENTIRE AGREEMENT

The Subscription Agreement, including these Terms and the Standby Privacy Policy, constitutes the entire agreement between Briggs & Stratton and you with respect to your use of and access to the Service, the Documentation, the Content, and the InfoHub Data, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties with respect to your use of and access to the Service.

CHANGES AND UPDATES TO THESE TERMS

We may, from time to time, update these Terms in our sole discretion. We encourage you to review our Terms from time to time for updates. If we make a change to these Terms, we will notify you of the changes when you access the Service in accordance with any applicable laws and you will be asked to accept the updated Terms by clicking on the Accept button. You will be required to accept the revised terms prior to continuing to use the Service. You will not be able to access the Service until you accept the updated Terms.

TRANSLATION

The parties expressly agree that the official text of these Terms and the Standby Privacy Policy shall be in the English language, notwithstanding any translations provided in French or any other language. Except as otherwise set forth herein, the English language version of these Terms and the Standby Privacy Policy shall control in all respects, including, but not limited to, any interpretation or construction of these Terms and the Standby Privacy Policy or in the event of any discrepancies between the English and French (or other language) translations of these Terms or Standby Privacy Policy.

It is the express wish of the parties that these Terms and all related documents be drawn up in English. Chest la volonté expresse des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

INFORMATION AND COMPLAINTS

If you have any questions about these Terms, we will do our best to answer them. Here is how to contact us:

Online: https://www.briggsandstratton.com/na/en_us/support/contact-us

                Mailing Address:
                Briggs & Stratton Corporation
                12301 W. Wirth Street
                Wauwatosa, WI, 53222

You may also contact our Customer Service Team at 1-833-INFOHUB (1-833-463-6482).

Rev. 08/2019