Subscriber Terms and Conditions

STANDBY SUBSCRIPTION SERVICE AGREEMENT (US AND CANADA)

Briggs & Stratton Corporation (hereinafter referred to as “Briggs & Stratton” or “we”) offers the InfoHub™ software subscription services for use by standby power equipment owners and operators (“Service”). The Service is available on a subscription service basis. The subscription account holder (“Customer” or “you”) wishes to access and use the Service pursuant to the terms of this Subscription Services Agreement (“Subscription Agreement”).

IN ORDER TO USE THE SERVICE YOU MUST AGREE TO COMPLY WITH THE TERMS OF THIS SUBSCRIPTION AGREEMENT AS WELL AS THE ACCOMPANYING INFOHUB STANDBY POWER TERMS OF USE AND THE STANDBY POWER PRIVACY POLICY. COPIES OF THIS SUBSCRIPTION AGREEMENT, THE INFOHUB STANDBY POWER TERMS OF USE, AND THE STANDBY POWER PRIVACY POLICY CAN BE FOUND AT https://standby.briggsinfohub.com/home.htmlAND ARE SUBJECT TO UPDATE AT BRIGGS & STRATTON’S DISCRETION. NOTICE OF UPDATES MAY BE SENT TO YOU VIA EMAIL.

BY CREATING YOUR ACCOUNT, YOU AGREE TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH THIS SUBSCRIPTION AGREEMENT AND THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH BRIGGS & STRATTON. IF YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS SUBSCRIPTION AGREEMENT, YOU MAY NOT USE THE SERVICE.

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

ARBITRATION NOTICE: THIS SUBSCRIPTION AGREEMENT’S TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, AND INCLUDE A WAIVER OF BRINGING YOUR CLAIM IN A CLASS ACTION LAWSUIT.

1. Subscription Service. InfoHub is a software subscription service we offer for use in connection with standby power equipment. The Service requires the pairing of standby power equipment and an internet connected device working together (“Equipment”). The Service allows authorized users to collect, use, analyze and store comprehensive data about the Equipment they own or operate. The Service may give you access to various types of information about your standby power equipment, such as run time, equipment status, maintenance, hours of operation, utilization, conditions, battery voltage levels, and equipment connectivity status. You may create custom reports using the Service. The Service includes analytic information about your use of the Equipment.

Subject to your timely payment of subscription fees and compliance with this Subscription Agreement, Briggs & Stratton will provide you with: (a) the right to access and use the Service and the Content in connection with the operation of Customer’s standby power equipment; and (b) support services for the Service.

2. Creating Accounts. To use the Service, you must create a user account following the requirements set out in the InfoHub Standby Power Terms of Use. If you are the end user of the standby power equipment, you may permit your dealer or others to access the Service by creating secondary accounts. If you are a dealer subscribing and servicing standby power equipment on behalf of the end user, you may allow the end user access to the Service by creating a secondary account.

3. CONNECTIVITY. YOU ARE SOLELY RESPONSIBLE, AT YOUR OWN EXPENSE, FOR ACQUIRING, INSTALLING AND MAINTAINING ALL NECESSARY WIFI CONNECTIVITY NECESSARY TO ACCESS AND USE THE SERVICE. HOWEVER, IF APPLICABLE, ANY CONNECTIVITY THROUGH CELLULAR SERVICE SHALL BE INCLUDED WITH THIS SUBSCRIPTION.

4. Authorized Users. Only persons authorized by Customer to access and use the Service through the creation of secondary accounts are permitted to use the Service (“Authorized Users”). Customer is responsible for the actions or inactions of its Authorized Users when accessing and using the Service. Customer shall be responsible for all Authorized User identifications and passwords. Customer agrees that:

(a) it will not allow any Authorized User’s account to be used by more than one individual Authorized User unless it has been reassigned in its entirety to another individual Authorized User, in which case the prior Authorized User shall no longer have any right to access or use the Service;

(b) it will ensure that the Authorized Users use the Service in accordance with the terms and conditions of this Subscription Agreement;

(c) it shall be liable to Briggs & Stratton for any actions by an Authorized User in violation of this Subscription Agreement; and

(d) it will immediately notify Briggs & Stratton upon becoming aware of unauthorized access or use of the Service.

5. Subscription Services Fees. We provide the Service upon your timely payment of subscription fees.

5.1 Fees. Upon activation of your subscription, you shall pay Briggs & Stratton in advance for the subscription fees (“Fees”) for the Service plus any applicable Taxes for the entire term you select. Similarly, Fees and applicable Taxes for any renewal terms shall be paid in advance and for the entire renewal term. You may pay your Fees and Taxes using a credit card (or ACH, where available). Subscription fees are calculated on a per device basis. Briggs & Stratton may, at its sole option, elect to adjust the subscription fee at the start of any new term. Any such subscription fee adjustment shall be reasonable and based upon inflationary rates (as established by BLS), service level adjustments, added features and functionality, other business justifications as established by Briggs & Stratton, or any combination of the above.

5.2 Recurring Payment. Customer understands that its credit card will be automatically charged (or where available, ACH payment will be automatically withdrawn or accessed) on a recurring basis at the start of the initial term and each renewal term (where available) until you cancel the Service or until we terminate this Subscription Agreement. If your credit card or ACH information is no longer current or invalid, your access to the Service may be interrupted. Briggs & Stratton shall have no liability to you for your failure to keep your payment information current or valid.

5.3 Taxes. Customer shall pay all applicable taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”) for the use of the Service, provided that Customer shall not be liable for any taxes based on Briggs & Stratton’s income.

6. Ownership and License Rights.

6.1 Service, Documentation and Content. Briggs & Stratton or its licensors own all rights, title and interest in the Service, including but not limited to the software, the platform, the look and feel of the platform and any compilations, images, photography, graphics, artwork, text and other information and material found within the Service (“Content”) and any instructions, training materials, user guides and other information supplied by Briggs & Stratton to Customer to assist in the use of the Service (“Documentation”), and the Content, including all related intellectual property rights. Nothing in this Subscription Agreement grants or transfers to Customer or its Authorized Users any ownership rights to, or licenses in, the Service, the Documentation, or the Content, or any related intellectual property rights, including, without limitation, patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), in respect of the Service, the Documentation or the Content.

6.2 InfoHub Data and Analytics Data. Except as may be prohibited by applicable law, Briggs & Stratton shall own the InfoHub Data as defined in the Standby Power Privacy Policy which is incorporated by reference into this Subscription Agreement and can be found at https://standby.briggsinfohub.com/privacy-policy.html (“Standby Privacy Policy”). Customer grants Briggs & Stratton a worldwide, perpetual, royalty-free, assignable, sub-licensable, transferable, irrevocable right and license to host, copy, display and use the InfoHub Data as reasonably necessary for Briggs & Stratton to provide the Service and for any purpose permitted under the Standby Privacy Policy. Customer represents and warrants to Briggs & Stratton that it has all rights necessary to permit Briggs & Stratton to use the InfoHub Data as contemplated by this Subscription Agreement. Briggs & Stratton may aggregate the InfoHub Data using analytics (“Analytics Data”) for its business purposes, excluding any Personal Data. Briggs & Stratton is the sole and exclusive owner of the Analytics Data.

6.3 Customer Suggestions. Customer grants Briggs & Stratton a worldwide, perpetual, royalty-free, assignable, sub-licensable, transferable, irrevocable right and license to use and incorporate into our Service, our Content, or our products, or services any suggestions, enhancement requests, recommendations, corrections or other feedback provided by Customer.

7. InfoHub Standby Power Terms of Use. Customer shall comply with and cause its Authorized Users to agree to comply with the InfoHub Standby Power Terms of Use (“Standby Terms”) when accessing and using the Service, the Content and the InfoHub Data. The Standby Terms can be found at https://standby.briggsinfohub.com/terms-conditions.html. The Standby Terms are incorporated by reference into this Subscription Agreement.

8. Customer Representations and Obligations.

8.1 Customer represents to Briggs & Stratton that Customer will only use the Service, the Documentation, the Content or the InfoHub Data in compliance with all applicable laws, rules and regulations, and will not violate the rights of any third parties (including privacy rights) in providing or utilizing the Service, the Documentation, the Content, or the InfoHub Data.

8.2 Customer represents that it has the authority to use the InfoHub Data it incorporates into the Service.

8.3 Customer will use its best efforts to prevent unauthorized parties from accessing or using the Service, the Documentation, the Content or the InfoHub Data.

9. Confidential Information.

9.1 In providing and utilizing the Service, each party will be required to share certain “Confidential Information” with the other party. For purposes of this Subscription Agreement, Confidential Information means any software or information regarding the Service, the Content, the Documentation or the InfoHub Data, or the technical infrastructure of the Service which is proprietary to Briggs & Stratton or Customer, and that the applicable party would not disclose in the absence of a confidentiality agreement. Each party will maintain the confidentiality of the Confidential Information of the other party during and after termination of this Subscription Agreement.Confidential Information does not include data or information that:

(a) is within the public domain at the date of disclosure by the disclosing party or which thereafter enters the public domain through no fault of the receiving party;

(b) is already known to the receiving party at the time of its disclosure by the disclosing party; or

9.2 Non-Disclosure Obligations.

(a) The party receiving Confidential Information shall not, directly or indirectly, provide any Confidential Information to any person or entity or for any purpose whatsoever (including in any manner that would benefit any competitor of Briggs & Stratton) except as expressly permitted under this Subscription Agreement;

(b) The party receiving Confidential Information will use and reproduce the Confidential Information only to the extent necessary to utilize the Service;

(c) The party receiving Confidential Information may not disclose the Confidential Information except to its employees and agents (“Representatives”) who have a need to know the Confidential Information to exercise its rights or obligations under this Subscription Agreement and who have assumed obligations of confidentiality equal to or greater than the obligations under this Section;

(d) The party receiving Confidential Information will use reasonable efforts to treat all Confidential Information as strictly confidential, provided that in no event will such efforts be less than the degree of care that the disclosing party uses to protect its own confidential information; and

(e) Upon the request of the disclosing party, the receiving party, will return or destroy all Confidential Information in its possession or control.

9.3 Compelled Disclosure. The receiving party will be entitled to disclose Confidential Information of the disclosing party if required by a court, administrative body, or regulatory body (including a stock exchange) of competent jurisdiction or applicable law, provided that the receiving party will:

(a) give prompt advanced written notice of any such requirement for disclosure to the disclosing party so that the disclosing party may seek a protective order or other appropriate remedy;

(b) take such steps as are reasonably necessary and available to maintain the confidentiality of the Confidential Information by such court, administrative or regulatory body; and

(c) make such disclosure only to the minimal extent so required to comply with the applicable law or governmental body request.

9.4 Equitable Relief. A breach of the confidentiality obligations under this Agreement may result in irreparable harm to the disclosing party, for which there is no adequate remedy at law. In the event of a breach or a threatened or intended breach of the above confidentiality by the receiving party, the disclosing party shall be entitled to seek an injunction, enjoining and restraining such breach, or threatened or intended breach, and to such other rights and remedies as are available at law or in equity without the need to post bond or other security or the need to prove actual damages.

10. Technical Support. Briggs & Stratton will, as part of the Service and at no additional cost to Customer, provide Customer with technical support for the Service as described in Exhibit 1 to this Agreement.

11. Service Availability. During the subscription period, Briggs & Stratton shall use commercially reasonable efforts to make the Service available to Customer on a 24x7 basis (twenty-four hours per day, seven days per week), except for: (i) scheduled system back-up or other on-going maintenance as required by Briggs & Stratton, (ii) for any unforeseen cause beyond Briggs & Stratton’s reasonable control, including, but not limited to, internet service provider or communications network failures, weather, natural disasters, denial of service attacks, or similar attacks, interruption of service from a third-party service provider or any force majeure events set forth in this Agreement, or (iii) without notice in the case of an emergency maintenance situation.

12. 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, THE DOCUMENTATION, THE CONTENT OR THE INFOHUB DATA, NO WARRANTY THAT THE SERVICE 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, YOUR 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.

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

14. 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, AND 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 CUSTOMER’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.

15. CUSTOMER ACKNOWLEDGEMENTS. CUSTOMER ACKNOWLEDGES THAT IT HAS OR WILL HAVE INDEPENDENTLY DETERMINED THAT THE SERVICE MEETS ITS BUSINESS REQUIREMENTS. CUSTOMER IS SOLELY RESPONSIBLE, AT ITS OWN EXPENSE, FOR ACQUIRING, INSTALLING AND MAINTAINING ALL NECESSARY DATA COMMUNICATIONS CIRCUITS AND CONNECTIVITY SERVICE, RELATED EQUIPMENT, HARDWARE, SOFTWARE, SERVICES, CONTENT AND INFOHUB DATA ON THE CUSTOMER SIDE OF DEMARCATION NECESSARY TO ACCESS AND USE THE SERVICE.

16. 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 INCIDENT OR BREACH 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 THIS SUBSCRIPTION AGREEMENT OR THE STANDBY TERMS.

THE LIMITATIONS OF LIABILITY AND CONSEQUENTIAL DAMAGES EXCLUSIONS UNDER THIS SUBSCRIPTION AGREEMENT 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.

17. CAP ON DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE BRIGGS & STRATTON PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, AND CUSTOMER’S SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNT OF THE FEES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO OUTSTANDING FEES OWING TO BRIGGS & STRATTON UNDER THIS AGREEMENT.

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

18. Time Frame for Claims. No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the facts giving rise to the cause of action have occurred, regardless of whether those facts by that time are known to, or reasonably ought to have been discovered by the party bringing the action.

19. Ownership of InfoHub Data. In utilizing the Service, Customer will be providing Briggs & Stratton with: (a) Personal Data, (b) Connected Data, and (c) Location Data as defined in the Standby Privacy Policy (collectively the “InfoHub Data”). Customer understands that the InfoHub Data will be utilized in accordance with the Standby Privacy Policy.

19.1 Customer represents to Briggs & Stratton that it owns all rights, title, and interest in and to the InfoHub Data necessary to permit the storage and use of the InfoHub Data in connection with the Service and as permitted under this Subscription Agreement.

19.2 Briggs & Stratton shall not be responsible or liable for InfoHub Data, except for: (a) maintaining the level of security and confidentiality referred to in this Subscription Agreement; (b) protecting the confidentiality of the InfoHub Data; (c) compliance with applicable laws regarding the InfoHub Data in the provision of the Service; (d) any loss, corruption or misuse of the InfoHub Data caused by Briggs & Stratton or its Representatives; or (e) intentional misconduct by Briggs & Stratton or its Representatives.

19.3 Customer shall ensure that it obtains all privacy consents and permissions as required by applicable law for the collection, use, storage, disclosure and transfer of InfoHub Data to Briggs & Stratton for Briggs & Stratton’s use, copying, processing and storage in connection with providing the Service.

19.4 Customer grants Briggs & Stratton and its Representatives, a non-exclusive, perpetual, non-cancellable, royalty-free, worldwide right, transferable, assignable right and license to use store, copy, record, transmit, maintain, display, process and make derivatives of the InfoHub Data for the purposes of this Agreement and in accordance with the Standby Privacy Policy.

19.5 Briggs & Stratton uses physical, technical and administrative safeguards for protection of the security, confidentiality and integrity of the InfoHub Data, as described in the Documentation. Briggs & Stratton utilizes measures to limit the availability of InfoHub Data to only those Briggs & Stratton Representatives who have a need to access the InfoHub Data: (a) to operate and maintain the Service; (b) to perform data analytics, (c) if required by applicable law; and (d) if you provide written permission.

20. Notification of Data Breach. In the event that Briggs & Stratton becomes aware of a data security breach or incident with regard to the InfoHub Data, Briggs & Stratton shall take the following actions:

20.1 Promptly communicate the nature of the breach or incident to Customer.

20.2 Assist Customer in notifying impacted individuals or government officials of the breach or incident.

21. Indemnification.

21.1 Customer’s Duty to Indemnify. To the maximum extent permitted by applicable law, Customer agrees to defend, indemnify and hold Briggs & Stratton and its subsidiaries, affiliates, and officers, directors and Representatives, successors and assigns (the “Briggs & Stratton Indemnitees”) harmless from and against any third-party claims. In addition, Customer will cover and pay for any and all liabilities, losses, costs, damages, penalties and expenses (including reasonable legal fees and expenses and court costs of an attorney of its own choosing) which the Briggs & Stratton Indemnitees may incur or suffer as a result of any such third-party claim. Customer will be bound by and will also pay the amount of any settlement, compromise, determination or judgment reached (regardless of whether or not there is an appeal pending):

(a) for injury (including death) to a person or damage to tangible personal property to the extent such claims are proximately caused by the negligent acts or omissions or intentional misconduct of Customer or Customer Authorized Users;

(b) for violations by Customer or its Authorized Users of this Subscription Agreement; and

21.2 Notice of Claim. Briggs & Stratton will notify Customer within a reasonable time after Briggs & Stratton first receives written notice of such third-party claim; however, delay in notice shall not relieve Customer of its duties to indemnify Briggs & Stratton except and only to the extent that Customer was actually prejudiced by such delay. Notwithstanding the foregoing, Customer shall not agree to any settlement which (i) finds fault or liability or requires any obligations of any Briggs & Stratton Indemnitees without Briggs & Stratton’s advance written approval; and (ii) resolves the third-party claim in a manner that involves injunctive or other equitable relief.

22. Force Majeure. Neither party shall be liable for delay or failure in performance, except the payment of money due prior to the Force Majeure event, resulting from Force Majeure. “Force Majeure” means any occurrence beyond the reasonable control of a party which cannot be avoided through reasonable contingency planning by such party including acts of God, disasters, fires, floods, earthquakes, explosions, riots, war, terrorism, sabotage, nuclear incidents, or acts of government.

In the event a Force Majeure event occurs for Briggs & Stratton and lasts longer than seven (7) calendar days and causes Customer and its Authorized Users to be unable to access the Service or causes significant delay or issues with the Service, Customer or Briggs & Stratton may terminate this Subscription Agreement, without penalty, on written notice to the other party.

23. Term. The Subscription may be offered for several different term lengths, which Customer shall select upon registration. The subscription period will automatically renew for successive renewal terms matching the initial term length, as applicable, unless terminated for a breach of this Agreement, the Standby Privacy Policy or the Standby Terms. Either party may opt out of the automatic renewal, provided it gives no less than 30 days’ written notice to the other party in advance of the then-current term end date. Customer may opt out of the automatic renewal by providing its written notice by email to subscriptionadminsp@basco.com.

24. Suspension.

24.1 Briggs & Stratton may immediately suspend the Service if in its judgment, Customer’s or its Authorized Users’ use of the Service threatens the security, integrity or availability of the Service, the Content, the InfoHub Data or the Analytics Data. Briggs & Stratton will use commercially reasonable efforts under the circumstances to provide you with notice of such suspension.

24.2 If you fail to make payments when due, we will provide you with written notice of your default five (5) days after you are past due. If you fail to make the payment within five (5) days after the date of the first notice of default, we will provide you a notice of suspension or termination, advising you that the Service will be suspended or terminated five (5) days after the date of the notice of suspension or termination. We will provide notice of default and notice of suspension or termination to the primary account holder at the email address provided at the time you subscribe to the Service.

25. Termination.

25.1 For Breach.

25.2 Either party may terminate this Agreement for a material breach. The non-breaching party shall give the breaching party written notice stating the nature and character of the breach. Except for Customer's breach of its payment obligations, the non-breaching party shall allow the breaching party thirty (30) calendar days from the date of the notice to correct the breach. If the breach remains uncured after such thirty (30) calendar day period, the non-breaching party may terminate the Agreement.

(a) Notwithstanding the provisions of Section 23.1(a), if Customer fails to make payments when due, we will provide you with written notice of your default five (5) days after you are past due. If you fail to make the payment within five (5) days after the date of the first notice of default, we will provide you a notice of suspension or termination, advising you that the Service may be suspended or terminated five (5) days after the date of the notice of suspension or termination. We will provide notice of default and notice of suspension or termination to the primary account holder at the email address provided at the time you subscribe to the Service.

25.3 In the Event of Insolvency or Bankruptcy. Either party may terminate the Agreement upon advanced written notice to the other party, if any of the following events occurs to such other party: (a) there is a voluntary/involuntary petition in bankruptcy filed by/against the other party; (b) the other party becomes insolvent or makes a general assignment for the benefit of its creditors or an arrangement for its creditors, or takes the benefit of any law in force for insolvent persons; (c) the other party ceases to carry on business as a going concern; (d) a receiver or manager is appointed for the business of the other party; or (e) the other party takes the benefit of any law in force for the winding up or liquidation of its corporation or other entities.

25.4 Refund or Payment upon Termination. If Briggs & Stratton terminates this Agreement in accordance with Section 23.1, Customer (a) shall pay any unpaid fees covering the remainder of the term to Briggs & Stratton and (b) will not be entitled to a refund for any sums previously paid. Further, in no event will termination relieve Customer of its obligation to pay any Fees payable for the period prior to the effective date of termination.

26. Data Portability and Requests for InfoHub Data.

26.1 You may request the right to export the InfoHub Data within 45 days after the effective date of termination or expiration of this Subscription Agreement. Briggs & Stratton will make the InfoHub Data available to you for export or download as provided in the Documentation. After such 45-day period, Briggs & Stratton will have no obligation to maintain or provide any InfoHub Data to you.

26.2 If Briggs & Stratton receives a request for your InfoHub Data pursuant to a subpoena, governmental process or as otherwise required by law, Briggs & Stratton may charge you for the costs of retrieving such data at our then standard hourly rate for data recovery services.

27. Governing Law. Except as expressly set forth below, this Subscription Agreement is governed by the laws of the State of Wisconsin without reference to the conflicts of law principles. This Agreement 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.

28. Exclusion of Liabilities; Consumer Protection Notices:

If you are a consumer, the provisions in this Subscription Agreement 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 this Subscription Agreement 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 this Subscription Agreement 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 Canadian Consumer (Generally):

To the extent the laws of the Province of Canada in which you are a resident prohibit waivers of class actions in consumer agreements, such waiver shall be severed from this Subscription Agreement and the remaining terms and conditions herein, including the arbitration provisions, shall continue in full force and effect. In the event the Province of Canada of which you are a resident prohibits waivers of class actions and binding arbitration in consumer agreements, such provisions shall be severed from this Subscription Agreement and the remaining terms and conditions herein shall continue in full force and effect.

If you are a Consumer located in Quebec.

Notwithstanding anything to the contrary herein, for consumers located in the Province of Quebec only, this Agreement is 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 this Agreement 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 this Subscription Agreement, 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.

· If you are located in the European Economic Area:

Notwithstanding anything to the contrary herein, for individuals located in the European Economic Area, this Subscription Agreement is governed by the laws of the country of which you are a resident.

To the extent those laws prohibit waivers of class actions in consumer agreements, such waiver shall be severed from this Subscription Agreement and the remaining terms and conditions herein, including the arbitration provisions, shall continue in full force and effect. To the extent those laws prohibit waivers of class actions and binding arbitration in consumer agreements, such provisions shall be severed from this Agreement and the remaining terms and conditions herein shall continue in full force and effect.

29. Modifications. Briggs & Stratton reserves the right to modify this Subscription Agreement at any time. If we materially update this Subscription Agreement at any time, we will send you at least thirty (30) days’ prior written notice of the proposed modifications and the date such amendments will come into effect or as otherwise permitted by applicable law. If you do not agree to such modifications, you have the right to terminate this Subscription Agreement by providing us written notice no later than thirty (30) days after the modifications become effective.

30. DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES.

Except as expressly set forth above or below, any dispute arising out of or in any way related to this Subscription Agreement, the Standby Terms, the Standby Privacy Policy, or your use of the Service, the Content, the Documentation or the InfoHub Data shall be submitted to mandatory binding arbitration between Briggs & Stratton and you. The arbitration will take place before a single arbitrator.

Arbitration is a dispute resolution process which is more informal than a court case. ARBITRATION DIFFERS FROM A LAWSUIT IN COURT AS THERE IS NO JUDGE OR JURY AND THERE IS A LIMITED COURT REVIEW OF A FINAL ARBITRATION AWARD. There may be more limits on discovery than in a court case. The arbitrator is required to make a decision based upon this Subscription Agreement, the Standby Terms, the Standby Privacy Policy and applicable law. The arbitrator may award damages and attorneys’ fees, but the arbitrator may not grant declaratory or injunctive relief except in very limited circumstances and only as it relates to your individual rights under this Agreement.

There are some exceptions to this mandatory arbitration provision. Specifically, either Briggs & Stratton or you may at any time: (a) bring a small claims court suit; (b) pursue claims with federal, state or local government agencies, if applicable; (c) pursue a claim for injunctive relief; or (d) bring an action to enforce intellectual property rights.

Applicable Process. Either Briggs & Stratton or you may bring an arbitration proceeding under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The Federal Arbitration Act governs the enforcement of this provision.

You may obtain instructions on how to file arbitration with AAA by calling AAA at 1‑800‑778‑7897 or online at www.adr.org, or we can assist you in contacting AAA. The arbitration will take place at a location in Milwaukee, Wisconsin, unless the amount of the claim is for $10,000.00 or less, in which case either of us have the choice of: (a) submitting the dispute to the arbitrator based upon documents only; (b) using a telephone hearing; or (c) attending in person as established under the AAA rules in the place where your Equipment is located.

The fees you incur in arbitration and your share of the arbitrator’s fees are limited, as set forth in the AAA Consumer Rules. Briggs & Stratton will pay the remaining fees. If the arbitrator determines your claim was improper or frivolous, payment of all fees will be governed by the AAA Rules and you will be required to reimburse us. The arbitrator is required to issue a written decision sufficient to explain the facts and legal conclusions on which the decision and award are based. The arbitrator may resolve disputes as to the payment and reimbursement of fees or expenses during the arbitration proceeding, or if requested by a party, within fourteen (14) days of the arbitrator’s issuance of an award.

To bring an arbitration action, a party must file a demand for arbitration no later than one year after the facts giving rise to the cause of action have occurred or that claim will be time barred and you will have no right to seek any other remedy. In instances where an one‑year time limit is prohibited, the claim must be brought within the shortest time period permitted by applicable law.

Arbitration Proceedings. If a party wishes to bring an arbitration proceeding under this Agreement, that party must send written notice of the dispute by letter or email to the other party. The notice must contain (a) an explanation of the dispute; and (b) describe the specific remedy or award you seek from the arbitrator. The parties then must work together in good faith to attempt to resolve any such dispute through discussions or email communications. If the parties cannot resolve the dispute within thirty (30) days after notice is first received of the dispute, either party may submit the dispute to arbitration.

The arbitration and all information disclosed during the arbitration may not be disclosed to any third party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of the arbitration.

If Briggs & Stratton changes this arbitration provision, you may reject that change by sending us a written notice within thirty (30) days of the change, in which case we will terminate your access to the Service.

If the waiver of a class action or the arbitration provision is held to be unenforceable, only the waiver of class action or arbitration provision is null and void and all remaining terms and conditions in this Subscription Agreement shall remain in full force and effect.

31. Waiver of Class Action.

BY ACCEPTING THE TERMS OF THIS SUBSCRIPTION AGREEMENT, 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 THIS SUBSCRIPTION AGREEMENT, THE STANDBY TERMS OR THE STANDBY PRIVACY POLICY, OR WITH REGARD TO THE SERVICE, THE CONTENT, THE DOCUMENTATION OR THE INFOHUB 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.

32. Assignment and Change of Control. Neither party may assign this Subscription Agreement or any of its rights, benefits, warranties or obligations hereunder, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld. Any attempt to assign this Subscription Agreement, in whole or in part, without such prior written consent is void. Notwithstanding the foregoing, either party may assign the Subscription Agreement or any of its rights, benefits, warranties or obligations hereunder, in whole or in part, without the prior written consent of the other party to an Affiliate of the assigning party, or in the case of: (a) a merger, (b) a transfer of more than fifty percent (50%) of the equity ownership of the assigning party, or (c) the sale of all or substantially all of the assigning party’s assets.

33. Notices. Any notice required or permitted to be sent to you under this Subscription Agreement shall be sent by electronic mail to the primary account holder. Notices to Briggs & Stratton should be addressed to Briggs & Stratton Customer Support and sent via certified mail to:

Briggs & Stratton Corporation

Attn: Customer Support

12301 W. Wirth Street

Wauwatosa, WI 53222

with a copy sent to:

Briggs & Stratton Corporation

Attn: General Counsel

12301 W. Wirth Street

Wauwatosa, WI 53222

You may also contact our Customer Service Team at 1-833-INFOHUB (1-833-463-6482). However, contacting the Customer Service Team by phone shall not constitute “notice” for purposes of any notice requirement included in this Agreement.

34. Entire Agreement. This Subscription Agreement, including the Standby Privacy Policy, the Standby Terms, and any other documents referred by the same, constitutes the entire agreement between Briggs & Stratton and Customer relating to the Service, the Documentation, the Content, the InfoHub Data and the Analytics Data and supersedes all prior and contemporaneous written or oral agreements, representations and other communications with respect to its subject matter. If any provision of this Agreement conflicts or is inconsistent with any provision of the Standby Terms, this Subscription Agreement will control.

35. Severability. If any provision of this Subscription Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the Subscription Agreement and the other provisions shall remain in full force and effect.

36. Waiver. No waiver will be deemed to have been made unless expressed in writing and signed by the authorized representative of the party against which such waiver is to be asserted. No delay or omission on the part of any party in exercising any right or privilege under this Subscription Agreement will operate as a waiver thereof. A waiver of any provision of this Subscription Agreement will not be deemed to waive the same provision thereafter, or any other provision of this Subscription Agreement.

37. Survival. In the event of the termination of this Subscription Agreement, the provisions which by their nature are intended to survive expiration or termination shall survive.

38. Export Compliance. The Service, Documentation, Content, and the InfoHub Data may be subject to export laws and regulations of the United States, Canada, and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit Users to access or use any Service or Content in: (i) a U.S. embargoed country or in violation of any U.S. export law or regulation; or (ii) 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.

39. Anti-Corruption. Customer agrees that it has neither received nor been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Briggs & Stratton’s Representatives in connection with this Subscription Agreement.

40. Independent Contractors. Briggs & Stratton and Customer are independent contractors and neither Briggs & Stratton nor any of its employees or agents shall be an employee, agent, partner or joint employee of Customer. Briggs & Stratton assumes sole responsibility for the withholding and payment of all appropriate income and employment taxes for its employees. Briggs & Stratton is solely responsible for all employee rights and benefits for its employees, including compliance with employment laws including workers’ compensation, unemployment insurance and wage and hour laws.

41. Counterparts. This Subscription Agreement may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument.

42. Translation. The parties expressly agree that the official text of this Agreement 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 this Subscription Agreement shall control in all respects, including, but not limited to, any interpretation or construction of this Subscription Agreement or in the event of any discrepancies between the English and French (or other language) translations of this Agreement.

It is the express wish of the parties that this Subscription Agreement 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.

EXHIBIT 1

TECHNICAL SUPPORT

1. Technical Support Description. Briggs & Stratton will provide to Customer telephone support during the hours listed on our website. These hours and days are subject to change

2. Request for Technical Support. Upon receipt of a support request from an Authorized User by phone, Briggs & Stratton will open a ticket. The Technical Support staff shall provide assistance and will assign the request for response.

3. Maintenance. From time to time, Briggs & Stratton may apply new releases, repairs, upgrades, modifications, patches, bug fixes, enhancements or other maintenance and support services to the Service. Briggs & Stratton will attempt to provide Customer with reasonable advance notice of any scheduled maintenance as commercially practicable (except emergency maintenance). Customer agrees to use reasonable efforts to comply, and to have the Authorized Users comply, with any maintenance requirements about which Briggs & Stratton notifies Customer.

Rev. 08/2019

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