These Terms and Conditions govern use of the website located at kenmore-elite.com and any associated sites, applications, services, tools, and purchases of products made through this site (collectively “Site” or “Service”). The Site is owned and operated by Kenmore Elite (“Kenmore Elite” or “we”).
Please read these Terms carefully before using our Site or Service. By accessing the Site or using any part of the Service, you agree to become bound by all terms and conditions stated here. If you do not agree to all Terms, do not use this Site.
Using Our Website
You may browse and use the Site for your own non-commercial, informational purposes. You may not use automated means like bots, scrapers, or spiders to access or use our Site without permission. You must retain and comply with all copyright and proprietary notices within any content you download. Any other use of content requires written consent from Kenmore Elite.
Do not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other harmful code. Do not attempt unauthorized access to our Site, server, systems, or networks. You may not use our Site for any illegal purpose or in violation of any laws.
Purchases and Payments
If you wish to purchase any products or services made available through the Site (“Products”), you may be asked to supply certain information including contact information and credit card or other payment information. You represent and warrant that any information you provide is accurate and you have the legal right to use any payment method provided.
All prices and charges associated with Products are displayed on the Site. We make every effort to provide accurate pricing but errors may occur. We reserve the right to change pricing at any time but will honor previously confirmed orders billed or shipped at the earlier price.
Your receipt of a purchase confirmation email does not constitute Kenmore Elite’s acceptance of an order. We reserve the right to accept or deny orders at our sole discretion. We may require additional verification or information on any order.
You are responsible for paying all taxes and fees associated with your purchases. If payment cannot be charged to your credit card or payment account for any reason, we reserve the right to cancel or limit your order.
All sales of Products are considered final once payment has been processed. Please review policies on refunds, returns and exchanges below for more information.
Account Registration
Certain areas or features of the Site may require you to register for an account. You agree to provide accurate personal information when creating an account. Do not impersonate another person or use a name or contact information that you are not authorized to use.
You are solely responsible for maintaining the confidentiality and security of your login credentials and account details. Do not share your password or allow access to your account by others. You must promptly notify us of any unauthorized use of your account.
User Content
The Site may permit you to submit, post, display, and publish content including comments, posts, photos, videos, ratings, reviews, and other information (“User Content”). User Content is subject to the following rules:
- You affirm that you have all necessary rights to submit any User Content and grant Kenmore Elite an unlimited license to use it in connection with operating and improving the Site.
- You are solely responsible for any User Content you submit and it must comply with our Content Guidelines below. Kenmore Elite has no obligation to pre-screen, monitor, or approve User Content.
- Any use or reliance on User Content by others is done at their own risk. Kenmore Elite is not responsible or liable for any loss caused by User Content.
- If you believe any User Content violates your rights, you may submit a takedown request as detailed in our Privacy Policy.
Content Guidelines
To help maintain a safe, useful, and family-friendly experience, all User Content must comply with the following guidelines:
- Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious.
- Content should not harass, abuse, or harm another person or entity.
- Content must not promote racism, bigotry, hatred, or harm against any group or individual.
- Content should not be predatory, sexually explicit, or violent.
- Content must not impersonate someone else or misrepresent your identity or affiliation with someone else.
- Do not provide any false or misleading information within submitted content.
- Do not submit content that includes any personal health information about yourself or others.
- Content must not refer to or utilize any Kenmore Elite intellectual property without permission.
Kenmore Elite reserves the right to remove any User Content that violates these guidelines or is otherwise found to be inappropriate in our sole discretion. We assume no responsibility or liability arising from any submitted content.
Use of Cookies
The Site uses cookies and tracking technology to improve your experience and understand usage behavior. By using the Site, you consent to cookies per our Cookie Policy. You can disable cookies in browser settings but certain features may not function properly if you do so.
Disclaimers
The information and resources contained on the Site are for informational purposes only. Kenmore Elite makes no representations or warranties about the accuracy or completeness of any Site content.
The Site and Products are provided “as is” without warranties of any kind, express or implied. Kenmore Elite expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, title, custom, trade, or course of performance.
To the maximum extent permissible, Kenmore Elite disclaims any liability for damages of any kind arising from use of the Site or Products, including direct, indirect, incidental, punitive and consequential damages.
While we try to provide accurate and timely information, the Site may contain technical or other inaccuracies and typographical errors. Kenmore Elite reserves the right to make changes to the Site, policies, and these Terms at any time. Updated versions will be posted on the Site and are effective immediately. You are responsible for reviewing and complying with the most current version. Continued use of the Site after updates constitutes acceptance of any changes.
Indemnification
You agree to defend, indemnify, and hold harmless Kenmore Elite and our affiliates from any claims arising out of or related to your use of the Site, any User Content you post, or your violation of these Terms.
Limitation on Liability
Under no circumstances, except where prohibited by law, will Kenmore Elite or any affiliates be liable for any loss or damages arising from use of the Site or Products, including lost profits or data, business interruption, or indirect, special, incidental or consequential damages. This limitation applies even if Kenmore Elite has been advised of the possibility of such damages and regardless of the form of action, whether for breach of contract, breach of warranty, negligence, strict liability in tort or other causes of action.
In no event will Kenmore Elite’s total aggregate liability for damages from any cause exceed the amount of fees paid to us by you, if any, in the 12 months preceding the claim giving rise to liability, or $100 USD if no fees paid. The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.
Governing Law
These Terms are governed by laws of the State of Illinois without regard to conflict of law principles. If a dispute arises, you agree to first contact Kenmore Elite to attempt resolution. If we cannot resolve the dispute informally, any legal action must be brought exclusively in the federal or state courts located in Cook County, Illinois. You consent to personal jurisdiction in Illinois and waive any claims of inconvenient forum.
Arbitration and Class Action Waiver
You and Kenmore Elite agree to make good faith efforts to first resolve any dispute informally before initiating arbitration. The party initiating arbitration must contact the other and explain the dispute and proposed resolution. You and Kenmore Elite will negotiate in good faith to reach a reasonable resolution satisfactory to both parties.
If an informal resolution cannot be reached within 60 days of initial notice, any remaining dispute, controversy, or claim will be settled by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules. Arbitration will be conducted in Cook County, Illinois unless agreed otherwise.
Arbitration shall be conducted by a single neutral arbitrator and will not be consolidated with any other arbitration proceedings. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to interpreting, applicability, enforceability, conscionability, or formation of this arbitration agreement. Judgment on the arbitration award may be entered in any court with jurisdiction.
You and Kenmore Elite agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, mass or representative action. You and Kenmore Elite waive any right for disputes, claims, or controversies to be arbitrated, litigated or resolved on a class, mass, consolidated or representative basis.
Modifications to Terms
Kenmore Elite may modify these Terms at any time for any reason. Updated versions will be posted on the Site and are effective immediately. Your continued use of the Site signifies agreement to any modifications. You are expected to check these Terms from time to time so you are aware of changes, as they are binding on you.
Violations
Kenmore Elite reserves the right to investigate violations of these Terms and take any remedial action we see fit in our sole discretion. This may include taking legal action, terminating access to the Site, and disclosing information to law enforcement if violations occur.
Assignment
Kenmore Elite may transfer, assign, or delegate the Site, Service, Terms, and any rights or responsibilities thereunder to a third party at any time for any reason. Users may not assign these Terms without written consent from Kenmore Elite.
Entire Agreement
These Terms, along with documents expressly incorporated herein, make up the entire agreement between you and Kenmore Elite with respect to use of this Site and Products. They supersede any prior promises or representations.
Severability
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law and the remaining Terms shall remain in full force and effect. Failure to enforce any provision will not constitute waiver of that or any other provision.
Contact
If you have any questions regarding these Terms or use of this Site, please contact us at:
Kenmore Elite
123 Main St.
Hoffman Estates, IL 60192
Email: [email protected]
Phone: (800) 459-9848
Additional Terms
Product Warranties & Manuals
Warranty terms and product manuals applicable to purchased Products are provided at the time of purchase or with product packaging and they override anything to the contrary in these Terms.
Promotions and Offers
Promotions and special offer terms displayed on the Site in connection with Products are limited time offers subject to conditions disclosed at the time offer is made. Promotions are void where prohibited. Promotional discounts and offers may not be used in conjunction with any other discounts or promotions not authorized by Kenmore Elite.
Links to Third-Party Websites
The Site may contain links enabling you to conveniently visit third-party websites that may be of interest. When you click a third-party link, you will leave our Site. Kenmore Elite does not review or control linked websites and does not assume any responsibility for their content, privacy policies, security, services or products. Our inclusion of links is not an endorsement of that site or any of its owners. You use third-party sites at your own risk.
Intellectual Property Rights
All content published and made available on our Site including designs, text, graphics, logos, images, compilation, software, apps, music, sound and other files are property of Kenmore Elite or its content suppliers and are protected by U.S. and international copyright and trademark laws. All rights reserved.
DMCA Copyright Policy
Kenmore Elite respects copyright law and has adopted the following policy to respond to copyright infringement notices under the Digital Millennium Copyright Act (DMCA). If you believe your work has been used on the Site in a way that constitutes infringement, please notify our agent providing the information required by the DMCA including the infringing material URL:
Copyright Agent
Kenmore Elite
123 Main St.
Hoffman Estates, IL 60192
Email: [email protected]
Please include your name, contact information, and proof of ownership of the content. Kenmore Elite will terminate access for repeat infringers. For more information on DMCA Copyright Policy see 17 USC §512.
California Disclosures
Products sold on the Site may be subject to California Proposition 65 warnings related to titanium dioxide, cobalt, acrylamide, lead or lead compounds. For more information go to www.P65Warnings.ca.gov.
Notice for California Online Privacy Protection Act
This Site allows California residents to use its services and obtain information which automatically collects personal information under Cal. Civ. Code § 1798.83. Collection may relate to online viewing and usage data described in our Privacy Policy. Collected information may be used internally for maintaining/improving services, marketing or developing new services. California residents have rights to obtain disclosure of personal information collected, receive a copy of personal information, request deletion/correction of information, and opt-out of certain disclosures of personal information. For questions related to this notice contact:
Kenmore Elite
123 Main St.
Hoffman Estates, IL 60192
Email: [email protected]
