PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS OF USE.
Last updated: May 4, 2023
Ariens Company ("Ariens," "we," "us," and "our"), owns and operates any website (including without limitation ariens.com, ariensco.com, gravely.com, ariensnordic.com, arienscomuseum.com, brillionworks.com, arienscohospitality.com, roundlakefarms.com, stoneprairie.com, arienscompanydealer.com, henrysparts.com, whyzeroturn.com, locketurf.com, greatdanemowers.com, nationalmower.com, parkersweeper.com, and sno-tek.net) (the "Sites") and mobile application (including without limitation the Ariens & Gravely mobile application) (the "Apps") (collectively, the "Services") on which these terms and conditions of use (these "Terms of Use") are posted. By visiting, downloading, using and/or submitting information to the Services, you agree to be bound by these Terms of Use and Ariens Company's Privacy Policy available here (the "Privacy Policy"), which is incorporated herein. If you do not agree with these Terms of Use and/or the Privacy Policy, your choice is to not use the Services.
You represent that you have the capacity to be bound by these Terms of Use, or if you are accepting these Terms of Use on behalf of a business, company, corporation or other legal entity, you represent and warrant that you have the authority to enter into these Terms of Use on its behalf and you intend to bind it hereto. The terms "you," "your" and similar variants in these Terms of Use include both you and the business you are authorized to act on behalf of. In order to determine your compliance with these Terms of Use, Ariens may monitor your access and use of the Services in accordance with Ariens' Privacy Policy.
The Services are intended for individuals who are 18 years of age or older. If you are under the age of 18 and have downloaded the Apps or reached the Sites, please remove the Apps and/or leave the Sites immediately. If you are accessing the Services from the European Union ("EU") or European Economic Area ("EEA"), please call us at the number provided below, prior to submitting information to the Services and/or purchasing products or services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. Notwithstanding anything to the contrary in these Terms of Use, you are expected to check this page from time to time so you are aware of any changes to these Terms of Use, as they are binding on you.
By accessing the Services, Ariens is providing you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable right to access and use the Services for your own personal, non-commercial use; the right to access and use the Services is personal to you and is not transferable by you to any other person or entity except as described below with regards to a business you are authorized to act on behalf of. You are only entitled to access and use the Services for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Privacy Policy.
Site Interruptions. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Ariens, in its sole discretion, may elect to take. Ariens reserves the right to suspend or discontinue the availability of the Services and/or any portion or feature of the Services at any time in its sole discretion and without prior notice.
Restrictions on Use. You may not: (a) sublicense, lease, loan, or otherwise transfer your account on the Services or use the account for commercial purposes; (b) modify, adapt, reverse engineer or decompile the Services or any associated software or otherwise attempt to derive source code; (c) create any copies or derivative works of the Services or any associated software; (d) use mail list, listserv, an auto-responder or spam on the Services or any associated software or any processes that run or are activated while you are not logged in to your account, or that otherwise interfere with the proper working of the Services or any associated software; (e) record, process or mine information about other users; (f) attempt to gain unauthorized access to the Services, accounts, associated software, computer systems or networks connected to the same; (g) use the Services to attempt to or actually violate the security of or any computer network, disrupt or interfere with the security of, or otherwise cause harm to the Services or any associated software; (h) frame or mirror any part of the Services without Ariens' express consent; (i) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services; (j) restrict or inhibit any other person from using the Services, including without limitation by hacking or defacing any portion of the Services; or (k) otherwise use an account, the Services or associated software except as expressly provided in these Terms of Use.
Furthermore, you may not use any robot, spider, site retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the content of the Services or reproduce or circumvent the navigational structure, presentation, or "look and feel" of the Services. Notwithstanding the foregoing, and subject to your compliance with any instructions posted in the robots.txt file located on the Sites (for example, in the root directory of the Sites), Ariens grants to the operators of public search engines (i.e. Google, Bing, Yahoo, etc.) permission to spider the Sites solely to the extent necessary to create publicly-available, searchable indices of the Sites, without caching or archiving. Ariens reserves the right to revoke the permission granted in the prior sentence either generally or in specific cases, at any time and without notice.
You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Services or any associated software, including without limitation, any account registered to you, posted user generated content (defined below), etc., in the real world without Ariens' express written consent.
Termination. Any action by you that, in Ariens' sole discretion: (i) violates these Terms of Use and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Services by third parties or Ariens; or (iii) through your use of the Services, defames, abuses, harasses, offends or threatens any third party, shall not be permitted, and may result in your loss of the right to access and use the Services and/or termination of any account you may have on the Services.
You Must Maintain the Integrity of Your Information. To use some of the Services, you may be required to provide Ariens with information about you. If you provide your information to Ariens then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep your information current and to update your information if any of your information changes. Ariens' collection, use and disclosure of your information are governed by these Terms of Use and Ariens' Privacy Policy.
You Must Maintain the Security of Your Password and Username. To use some of the Services, you may be required to register for an account. If you create an account on the Services by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password. You agree that Ariens shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Services via your username and password. You agree that you will log out of your account each time you are finished using the Services—i.e. after each session. Ariens may suspend, terminate, modify, or delete any account you may have with the Services at any time for any reason, with or without notice to you. Most account suspensions, terminations, and/or deletions are the result of violations of these Terms of Use or users abandoning their accounts on the Services.
Duty to Notify Ariens. You agree to immediately notify Ariens of any unauthorized use of your username or password, any unauthorized use of any online account that you have with Ariens, any violation of these Terms of Use, or any other breach of security known to you in connection with the Services by sending an email to privacy@ariens.com.
Use of Third Party Links. Ariens and its affiliates, through the Services, may provide a venue or links through which you can obtain information and you can find third party products and/or services from service providers, advertisers, business partners, affiliates and other third parties (collectively "Service Providers"). Ariens does not endorse or recommend the products or services of any Service Provider and is not an agent or advisor to you or any Service Provider. Ariens does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to independently investigate any Service Provider. You acknowledge and agree that Service Providers are solely responsible for any services and/or products that they may provide to you and that Ariens shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Ariens does not guarantee or make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Services or Service Providers or that such are the best terms or lowest rates available.
If you or someone using your account purchases a product through or on the Services, you agree to pay to Ariens the fee as identified when a product was purchased through or on the Services, in a catalog or through sales personnel ("Fees"). Fees may be imposed or adjusted by Ariens in its sole discretion. If you fail to pay any Fees or other charges, for example, if your method of payment is rejected, Ariens may (reserving other legal remedies and rights) terminate these Terms of Use and any account you have with Ariens without further notice. All payment of Fees or other charges are final and nonrefundable, except where and to the extent required by law.
Currently, access to and use of the Services and any associated accounts is free for all users. However, at any time, Ariens may choose to begin charging a fee or change fees for access to and use of the Services, and/or products and/or services offered on the Services. Ariens may also, in its sole discretion, add, remove or change the features and services Ariens offers or the fees (including the amount and type of fees) Ariens charges at any time. If Ariens introduces a new service, product, or charges a new fee, Ariens will post a reasonable notification of the fees for that service at the launch of the service, product, or the start of charging a new fee. Upon the posting of such a notification, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the Services, and/or products and/or services offered on the Services.
You acknowledge and agree that Ariens is authorized, but not required, to act on payment instructions received from anyone using your account on the Services. You authorize Ariens or its third party payment processors to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made and Fees or other charges due (if any); and (b) initiate any other debits or credits authorized by you or anyone using an account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by Ariens. You acknowledge that transactions may be facilitated by a third party payment processor, and agree that Ariens may receive from and share with third party payment processors your information, including information about your financial accounts, for this purpose and any other purpose disclosed in Ariens' Privacy Policy. All amounts paid are final and non-refundable, except where and to the extent required by law. All fees, balances or other charges not paid by you within thirty (30) days from the date of purchase are subject to interest charges of 1.5% or the maximum allowable under law (if less). You are responsible for paying all taxes on any purchase, Fees or other charges. If Ariens is obligated to collect any taxes, such taxes will be added to your account.
You may be able to post user-generated content, e.g. reviews, ratings, comments, videos, photos, etc., on the Services. In connection with posting such user generated content, we may ask you for some personal information, e.g. your first and last name, location and email. The collection, use and disclosure of such personal information are governed by these Terms of Use and Ariens' Privacy Policy.
You will remain the owner of the user generated content you post. You are responsible for the user generated content you post and that is posted from any of your accounts on the Services.
For all user generated content you post or that is posted through your account(s), you represent and warrant that (i) you or the poster of the user generated content has the right to post said content, (ii) Ariens' and any third party's rights, and any applicable laws, statutes, ordinances or regulations, will not be violated by any such posting, (iii) you are not being compensated for the posting; and (iv) the user generated content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, vulgar, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on any third party's rights of publicity or privacy, (b) does not make the security of your account, the Services and any associated software or services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, malware, or other code or computer programming routines that contain malicious, harmful, contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (d) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of "spam," (e) does not contain information that is false, inaccurate or misleading and (f) does not include or constitute commercial advertisements or solicitations. You acknowledge that Ariens and its designees shall have the right (but not the obligation) in their sole discretion to refuse, review, edit, disassociate or remove any user generated content or material that is available through the Services.
By posting user generated content, you grant Ariens an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, assignable, fully paid-up, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such user generated content for any purpose, commercial, advertising, or otherwise, on or in connection with Ariens, the Services, Ariens products and services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user generated content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of an account on the Services a worldwide, non-exclusive, fully paid up, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any user generated content submitted by you or through your account during each such user's use of the account on the Services.
You acknowledge that your user generated content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Ariens or our initiatives (collectively "Ideas"). With respect to Ideas you acknowledge that: (a) Ariens receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Ariens' review of the Ideas is not an admission of novelty, priority or originality; and (b) Ariens' use of any similar Ideas, whether based on user generated content, provided to Ariens by third parties, or independently developed or considered by Ariens, shall be without obligation to you.
You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to user generated content as against Ariens. You also agree to only use so much of the user generated content or portions thereof, other than your own, as is necessary to utilize the Services for their intended purposes.
The content on and in the Services and associated software, except your user generated content, to the extent any exists, including without limitation, the patents, trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, photographs, images, screen shots, downloadable files, product and program names, the compilation of the forgoing and the like (collectively, "Content"), is owned by or licensed to Ariens and is subject to patent, trademark, copyright and other intellectual property laws of the United States and foreign countries.
Content on and in the Services and associated software is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Ariens, which permission may be withheld in Ariens' sole discretion. Ariens reserves all rights not expressly granted in and to the Services, associated software, and Content. Ariens makes no claim to any third party names, trademarks or service marks appearing on the Services. Any third party names, trademarks, and service marks are property of their respective owners.
You shall be solely responsible for any damage resulting from infringement of Ariens' or any third party's intellectual property rights regarding the Services, associated software, and Content, and/or any other harm incurred by Ariens or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to these Terms of Use.
Ariens grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right to make personal use of the Content; provided, however, that you shall not delete any proprietary notices. You may not modify the Content or utilize it for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content, or transfer or distribute the Content to another person.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than as expressly permitted by these Terms of Use, is permitted by you without the express prior written permission of Ariens, which permission may be withheld in Ariens' sole discretion.
You may not use any meta tags or any other "hidden text" utilizing Ariens' name or trademarks without the express written permission of Ariens, which permission may be withheld in Ariens' sole discretion.
Ariens respects the intellectual property rights of others. It is Ariens' policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Ariens ("DMCA Notice") please provide:(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ariens to locate the material; (d) information reasonably sufficient to permit Ariens to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), Ariens' designated agent to receive notices and counter notices of claimed infringement is:
Attention: DMCA Notice
Attn: Privacy Team
Ariens Company
655 West Ryan Street
Brillion, WI 54110
Phone number of designated agent: 920-756-2141
Email address of designated agent: privacy@ariens.com
If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Ariens reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
These Terms of Use are effective until terminated. You may terminate these Terms of Use by deactivating your account, stopping all use of the Services and providing notice of termination to privacy@ariens.com. In the event that you terminate or breach these Terms of Use, you will forfeit your right to any and all fees, purchases and other payments made in connection with the Services and all accounts will terminate. Ariens may terminate these Terms of Use with or without notice by deactivating your account(s) and/or deleting or dissociating any user generated content. A termination of these Terms of Use will also act to terminate your account. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the account prior to termination of these Terms of Use.
Ariens may apply patches, updates and modifications to the Services and associated software at any time, and features may change after the application of an update. Ariens may change, modify, suspend, or discontinue any aspect of any feature or service on the Services at any time. Ariens may also impose limits on certain features or restrict your access to parts or all of the Services and associated software without notice or liability. Ariens makes no representation that a feature, the Services and/or associated software will work on a particular web browser, version of a web browser or device.
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THERE THROUGH, AND ASSOCIATED SOFTWARE ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELAYS, ERRORS AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, ASSOCIATED SOFTWARE, CONTENT, AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, ARIENS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SERVICES OR THE CONTENT, OR PRODUCTS CONTAINED THEREIN OR OBTAINED THERE THROUGH.
ARIENS FURTHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, (1) REGARDING THE QUALITY, VALIDITY, CORRECTNESS, ACCURACY OR COMPLETENESS OF THE SERVICES, ASSOCIATED SOFTWARE, CONTENT, PRODUCTS AND MATERIALS ASSOCIATED WITH THE SAME, (2) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR (3) REGARDING THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND ANY PRODUCTS AND SERVICES AVAILABLE THERE THROUGH. ARIENS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, MALWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. ARIENS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES, OFFERS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES.
ARIENS MAY MAKE CHANGES TO THE CONTENT, OR TO THE PRODUCTS, SPECIFICATIONS OR PRICES DESCRIBED ON THE SERVICES, AT ANY TIME WITHOUT NOTICE. THE SERVICES AND CONTENT MAY BE OUT OF DATE, AND ARIENS MAKES NO COMMITMENT TO UPDATE THE CONTENT ORTHE SERVICES OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE ARIENS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO A DISPUTE BETWEEN YOU AND ANOTHER ACCOUNT HOLDER OR USER.
CALIFORNIA RESIDENTS HEREBY SHALL AND DO WAIVE CALIFORNIA CIVIL CODE 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE SITE IS CONTROLLED AND OFFERED BY ARIENS FROM ARIENS' FACILITIES IN THE UNITED STATES OF AMERICA. ARIENS MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARIENS OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, AND LOSS OF USE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES, ASSOCIATED SOFTWARE, OR CONTENT, OR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES PROVIDED TO YOU BY OR OBTAINED FROM ARIENS THROUGH THE SERVICES. IN NO EVENT SHALL ARIENS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING THE LESSER OF (A) THE FEES PAID BY YOU FOR USE OF THE SERVICES, ASSOCIATED SOFTWARE, CONTENT, OR ANY PRODUCTS AND SERVICES, OR (B) TEN DOLLARS (US$10). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE THEORY OR FORM OF ACTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND/OR STOP USING THE SERVICES, ASSOCIATED SOFTWARE, AND CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT ARIENS SHALL NOT BE LIABLE FOR ANY USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND third party CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND ARIENS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You shall defend, indemnify and hold harmless Ariens and its directors, officers, shareholders, employees, agents, representatives, contractors, affiliates, and licensors from and against all claims, actions, liabilities, damages, costs and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you or by someone using your account; (ii) your failure to provide accurate, complete and current user information requested or required by Ariens; (iii) your access to or use of the Services; (iv) access to or use of the Services under any username or password that may be issued to you; (v) your account's transmissions, submissions or postings (e.g., your own user generated content); (vi) you or someone else using your account to purchase any products or services through this Services; and/or (vii) any personal injury or property damage caused by you or someone else's access to or use of the Services or your account. Upon learning of any claim, action or proceeding, Ariens will undertake to promptly notify you. Ariens reserves the right to take over the exclusive defense and control of any matter for which you would be required to indemnify Ariens and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of Ariens.
You release Ariens (and its officers, agents, directors, subsidiaries, and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way related with any dispute between you or your account and one or more users.
We have the right to cooperate fully with law enforcement authorities, court orders, and any other governmental inquiry requesting or directing us to disclose the identity of a user, other Services-related information, or any materials posted on or through the Services, including user generated content. YOU WAIVE AND HOLD HARMLESS ARIENS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS, DAMAGES, OR LIABILITIES RESULTING FROM ANY ACTION TAKEN BY THE ARIENS OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ARIENS AT THE DIRECTION OF COURT ORDERS OR GOVERNMENTAL INQUIRIES, OR BY LAW ENFORCEMENT AUTHORITIES.
You acknowledge that Ariens may be irreparably damaged if these Terms of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use by you or someone using your account, Ariens shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Use. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Brown County, Wisconsin, or the United States District Court, Eastern District of Wisconsin, Green Bay Division. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Services shall be deemed solely based in the State of Wisconsin; and (ii) the Services shall be deemed passive, making Ariens not subject personal jurisdiction over Ariens, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. These Terms of Use and the relationship between you and Ariens is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by you as provided above, shall be brought in the courts of Brown County, Wisconsin, or the United States District Court, Eastern District of Wisconsin, Green Bay Division and you agree to the exclusive jurisdiction and forum of the same. Ariens' failure to enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.
When you access, download, or use the Services or send email to Ariens, you are communicating with Ariens electronically. You consent to receive communications from Ariens, its affiliates and partners electronically and via any e-mail address, text message or other similar means you provide to Ariens or through the Services for any purposes. Although Ariens may choose to communicate with you by regular mail, Ariens may also choose to communicate with you by e-mail or by posting notices on or through the Services. You agree that all Terms of Uses, notices, disclosures and other communications that Ariens electronically provides to you satisfy any legal requirement that such communications be in writing. You also agree to accept such messages and at any applicable network access, data usage or similar fees.
If Ariens makes aspects of the Services available for use on your mobile or other device, whether through the Apps or otherwise, please be aware that your carrier's normal rates and fees may apply, and you are solely responsible for those rates and fees. Portions of the Services may not be available through select mobile devices or may appear differently than on a desktop computer.
Ariens is committed to ensuring accessibility of its Sites and intranet to people with disabilities. Ariens seeks to make sure its Sites conform to W3C WAI WCAG 2.0 Level A & AA.
Ariens will ensure its third party content providers are aware of our web accessibility policy. Ariens will also favor providers based on their accessibility conformance claims.
All areas of the Sites will be reviewed annually as well as reviewed for updated WCAG standards. Accessibility checks will be incorporated into the publishing workflow for all new content on the Sites.
Any issues should be reported to privacy@ariens.com, or Ariens' Privacy Team at (920) 756-2141.
If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that is unlawful, void or unenforceable shall be stricken from these Terms of Use.
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.
These Terms of Use, Ariens' Privacy Policy, and all aspects of your relationship with Ariens, including any personal information or data associated therewith, may be disclosed and/or assigned by Ariens to a third party in connection with a Business Transfer. A "Business Transfer" means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving Ariens and/or its affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or the whole of Ariens' business. Nothing in these Terms of Use is intended to interfere with Ariens' ability to transfer all or part of its business, equity, and/or assets (including some or all of the Services) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.
The current version of these Terms of Use and Ariens' Privacy Policy represent the entire understanding and Terms of Use between you and Ariens regarding the subject matter of the same, and supersede all other previous Terms of Use, agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding these Terms of Use or the Site, please contact Ariens via any of the methods set forth below:
Via telephone: (920) 756-2141
Via mail:
Ariens Company
Attn: Privacy Team
655 West Ryan Street
Brillion, WI 54110
Via email: privacy@ariens.com
18968862.9