Terms & Conditions
Last updated 7/16/18
By accessing InfoHub, you represent to Briggs & Stratton Corporation (“Briggs & Stratton” or “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 Standby Terms.
PLEASE READ THESE TERMS CAREFULLY
YOU HAVE THE OPPORTUNITY TO ACCEPT OR DECLINE THESE INFOHUB TERMS, OR CORRECT ERRORS IN THESE TERMS PRIOR TO YOUR ACCEPTANCE OF THESE TERMS. TO CORRECT ERRORS IN THESE TERMS, PLEASE CONTACT BRIGGS & STRATTON AS DESCRIBED IN THE “INFORMATION OR COMPLAINTS” SECTION BELOW.
BY ACCESSING YOUR ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH THESE STANDBY TERMS AND THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH BRIGGS & STRATTON. IF YOU DO NOT AGREE TO “ACCEPT” THESE STANDBY TERMS WHEN YOU SIGN INTO YOUR INFOHUB ACCOUNT, YOU MAY NOT USE THE SERVICE.
IF YOU ARE ENTERING INTO THESE STANDBY 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 STANDBY 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 INFOHUB™
InfoHub is a software subscription service Briggs & Stratton offers for use by standby power owners and operators (“Service”) 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 InfoHub Standby power device with an internet connection (“Equipment”). The Service allows authorized users, including your authorized dealer, 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 power equipment, such as run time, equipment status, maintenance, hours of operation, utilization conditions, battery voltage levels, and equipment connectivity status. The Service includes analytics information about your use of the Equipment.
To use the Service, you must first create a user account.
- Creating an Account. When you create a user account, you agree to provide truthful information and to keep the information current. You need to provide the Equipment serial numbers when you create your account.
- Passwords. After creation of the Primary Account, the Primary Account holder must arrange for the 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, and Canada.
- 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 and 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 the 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 not remove any patent, copyright, trademark or other notices of intellectual property rights from the Service, the Documentation or the Content.
- 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.
- The Service is only available in the United States, its territories and possessions, and Canada.
- The Service is only available if your internet, wireless connection, or mobile connection (“Connection”) is working properly and when that Connection is technically compatible with the Equipment. You are responsible to pay for and maintain reliable internet connectivity 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, environmental, weather or atmospheric conditions, cybersecurity attacks, or other issues related to the location of 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 or Canada, 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, or may be outdated. 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 in connection with the Equipment.
OWNERSHIP OF SERVICE AND CONTENT
- Briggs & Stratton or its licensors own the Service, including, but not limited to, the software, the platform, and the look and feel of the platform, 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 Standby 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
- Briggs & Stratton may aggregate the InfoHub Data into analytics data for its business purposes, excluding any Personal Data. (“Analytics Data”)
When accessing and using the Service, the Content and the InfoHub Data, you shall not:
- 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 Standby 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; 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; or
- allow non-authorized persons to access or use the Service, the Documentation, the Content or the InfoHub Data.
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 you sell or transfer ownership of your Equipment. Any new owner must create a new registration in order to access and use the Service in connection with the Equipment and is responsible for entering into a new subscription agreement to use the Service.
RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE SERVICE
If you unsubscribe from the Service or we terminate your access for non-payment or breach of the Subscription Agreement or these Standby Terms, you will have forty-five (45) days to retrieve your InfoHub Data. It is your obligation to download your InfoHub Data during that forty-five (45) day time period. If we terminate your access to the Service for your non-payment, you must bring your account current prior to downloading the InfoHub Data.
In addition, we reserve the right to discontinue offering the Service at any time, in our sole discretion.
OTHER THAN ANY RIGHTS YOU HAVE UNDER APPLICABLE CONSUMER LAWS, BRIGGS & STRATTON PROVIDES THE SERVICE, THE DOCUMENTATION, THE CONTENT AND THE INFOHUB DATA ON AN AS-IS AND “AS AVAILABLE” BASIS. 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 OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
TO THE FULLEST 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, OR 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 AND CANADIAN PROVINCES DO NOT PERMIT WARRANTY EXCLUSIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU PURCHASED EQUIPMENT FROM BRIGGS & STRATTON, THE WARRANTY FOR THE EQUIPMENT IS COVERED UNDER THE TERMS ON WHICH YOU PURCHASED THAT STANDBY POWER EQUIPMENT AND NOT THESE STANDBY TERMS. THESE STANDBY 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 USING 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 AND ITS SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, SUCCESSORS OR ASSIGNS HAVE ANY LIABILITY 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 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 AND CANADIAN PROVINCES DO NOT PERMIT LIMITATION OF LIABILITY PROVISIONS FOR CERTAIN CLAIMS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CONSEQUENTIAL DAMAGES EXCLUSION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRIGGS & STRATTON, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, DEALERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, AND ITS SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR: (A) ANY 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:
(1) YOUR USE, INABILITY TO USE OR THE RESULTS OF THE USE OF THE SERVICE, THE DOCUMENTATION, THE CONTENT, THE EQUIPMENT, OR THE INFOHUB DATA;
(2) THE RESULTS OF YOUR USE OF THE SERVICE, THE DOCUMENTATION, THE CONTENT, THE EQUIPMENT OR THE INFOHUB DATA;
(3) A DATA SECURITY OR PRIVACY BREACH OR INCIDENT RELATED TO THE SERVICE, THE CONTENT, THE EQUIPMENT OR THE INFOHUB DATA;
(4) LOST, CORRUPTED OR COMPROMISED DATA RELATED TO YOUR ACCOUNT OR YOUR USE OF THE SERVICE, THE CONTENT OR THE INFOHUB DATA;
(5) LOSS OF ENJOYMENT OF THE SERVICE, THE CONTENT, THE INFOHUB DATA OR EQUIPMENT OR BUSINESS INTERRUPTION;
(6) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, THE SERVICE, THE DOCUMENTATION, THE CONTENT OR THE INFOHUB DATA;
(7) ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, THE SERVICE;
THE LIMITATIONS AND 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 BRIGGS & STRATTON 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 AND CANADIAN PROVINCES 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, no action, regardless of form, arising out of these Standby Terms may be brought by either Party more than one 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.
Except as expressly set forth below, these Standby Terms are 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.
Exclusion of Liabilities; Consumer Protection Notices
If you are a consumer, the provisions in these Standby Terms are intended to be only as broad and inclusive as is permitted by the laws of your U.S. state or Canadian province of residence.
- If you are a New Jersey Resident:
No provision in these Standby 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 Standby 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 Canadian Consumer (Generally):
To the extent the laws of the Province of Canada in which you are a resident prohibit waivers of a class actions in consumer agreements, such waiver shall be severed from these Standby Terms 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 in which you are a resident prohibits waivers of class actions and binding arbitration in consumer agreements, such provisions shall be severed from these Standby Terms 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, these Standby 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 Standby Terms regarding (a) arbitration, (b) waiver of class actions, (c) any stipulation whereby Briggs & Stratton is liberated from the consequences of its own acts, and (d) any warranty exclusions prohibited by applicable law, shall not apply with respect to consumers in Quebec.
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 AND ARBITRATION OF DISPUTES REGARDING THESE STANDBY TERMS
Except as expressly set forth below, any dispute arising out of or in any way related to these Standby Terms or your use of the Service, the Documentation, the Content 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.
There are some exceptions to this mandatory arbitration provision. Specifically, either of us 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. We 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 date that party first becomes aware of, or should have known of, the claim subject to arbitration, 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 these Standby Terms, 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.
If you win the arbitration, we will pay you the amount of the award or $1,000.00, whichever is greater. 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 we change 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 account.
If the waiver of a class action is held to be unenforceable or the arbitration provision is held to be unenforceable, the arbitration provision only is null and void and all remaining terms and conditions of these Standby Terms shall remain in full force and effect.
Waiver of Class Action
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.
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 Standby Terms shall not constitute a waiver of such right. If any provision of these Standby 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 Standby Terms will continue in full force and effect.
CHANGES AND UPDATES TO THESE STANDBY TERMS
We may, from time to time, update these Standby Terms in our sole discretion. We encourage you to review our Standby Terms from time to time for updates. If we materially change these Standby Terms in a way that affects how we use or disclose your Personal Information or if we make modifications to the arbitration provisions herein, we will notify you by prominently posting a notice of such changes on our website homepage before making them and by stating the effective date of the changes.
It is the express wish of the parties that these Standby 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 OR COMPLAINTS
If you have any questions about our Standby Terms, we will do our best to answer them. Here is how to contact us:
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).
Last Modified / Effective Date: July 16, 2018