Terms of Use

BISSELL TERMS AND CONDITIONS

This document provides our Terms and Conditions (“Terms” or “Agreement”), which governs your use of all BISSELL operated websites, software, mobile apps, and any other BISSELL internet connected products, whether in-person, over-the-phone, or online (collectively, the “Services”) in North America (United States and Canada). If you are looking for other country or region-specific Terms, go to https://global.bissell.com and navigate to the appropriate county or region website.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY HAVE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS (INCLUDING BINDING ARBITRATION AND CLASS ACTION WAIVER), YOUR AGREEMENT, AND SOLUTIONS TO POTENTIAL PROBLEMS YOU MAY HAVE WITH THE SERVICES. LIMITATIONS AND EXCLUSIONS ARE ALSO LISTED BELOW. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BISSELL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICES.

Summary

- You can use the Services only if you are 18, and agree to play nice. If you don’t play nice, we can prohibit you from using the Services. - We try to make the Services available to you at all times, but things can happen that might cause the Services to become unavailable. - The Services and its contents are owned by BISSELL and protected by law, but you can view, download, and print what you see on the Services for your personal own use. - If you post your own content, you give BISSELL the right and license to use it (if you do not agree, don’t post or share your content through the Services). - You will compensate BISSELL if there are any claims relating to your use of the Service – for example, if you violate these Terms or engage in prohibited conduct. - There are no warranties provided for using the Services and, except as otherwise stated or as provided by applicable law, BISSELL’s liability is limited. - If you have any questions or concerns, please let us know. We’re here to help and would like to work with you directly to resolve any issues or disputes that you may have. If we cannot resolve your dispute, we each agree to resolve it by arbitration. This summary is provided for your convenience. You should still read the Terms below, because they include all terms and conditions applicable to your use of the Services.

Who Can Use the Services?

The Services are meant for people 18 and older. By using the Services, you consent to our Privacy Notice and agree to these Terms, and you are confirming that you are at least 18-years-old, haven’t been previously suspended or removed from the Services, and your registration and use of the Services comply with the law. If you’re acting on behalf of another person or entity, your use of the Services confirms your authority to bind that person or entity to these Terms, and you accept and agree to these Terms on their behalf.

Can My Access to the Services be Changed or Terminated?

Yes. You are free to terminate your BISSELL account whenever you like by contacting BISSELL directly. BISSELL likewise can terminate the Services or your specific account. We may change, suspend, limit or discontinue the Services, and can stop, limit or change your own access to the Services, and we reserve the right to do this for any reason, at any time, with or without giving you notice. We reserve the right to do this without offering you any claimed refund if we believe it is appropriate. BISSELL also reserves the right to remove or disable access to any Collective Content (as defined below) and suspend or ban your access to the Services for any reason. To report a violation of the Terms by another User, please contact us using the information below. Please know you are responsible for your interactions with other Users and the Services. BISSELL has the right, but no obligation, to monitor disputes between you and other Users. Under this Agreement, you acknowledge BISSELL has the right to block, nullify, or deny your access to the Services. You understand we may exercise this right in our sole discretion, and the right is in addition to, not in substitution of, any other rights and remedies available to BISSELL. If you continue to use the Services after termination, it is considered a breach of the terms and a violation of copyright laws. You also acknowledge we may disable access to, refuse to post, modify or remove any part of any information or Content for any, or no, reason at all. All parts of this Agreement which by their nature should survive termination, shall survive the termination of this Agreement, including, but not limited to, provisions about ownership, warranty disclaimers, indemnity, and limitations of liability.

Safely Using BISSELL Services

We regularly monitor User Content and remove offensive material. We also ask users do not post offensive material to the Services. Despite our safety and privacy controls, we can’t guarantee the Services are entirely free of illegal, offensive, or other inappropriate material. We also can’t guarantee that you won’t come across inappropriate or illegal conduct from other Users on the Services. Please help us eliminate these elements by notifying BISSELL of any unwelcome content by contacting us directly as provided below.

Does BISSELL Send Text Messages (SMS)?

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages and other special promotions. Message frequency varies. This service is optional. Consent is not a condition for purchase or use of the Services. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For more help, you can reply “HELP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message Services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message Services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy (https://www.bissell.com/privacy-policy).

What Types of Content Is Covered By These Terms?

There are different types of content involved in providing and operating the Services, defined below. “Content” refers to all text, links, graphics, images, pictures, music, software, audio, video, information, copyrights, trademarks, trade dress, and other materials and intellectual property comprising of, or included in, the Services. i. BISSELL Content: what we make available to you on the Services, including any content licensed to BISSELL from a third party (excluding User Content). ii. User Content: what’s posted, uploaded, published, submitted, transmitted, or made available through the Services by a User, including copyrights and other intellectual property rights. iii. Collective Content: all the Content available in the Services, including both BISSELL Content and User Content.

Who Owns the Content?

All BISSELL Content is owned by BISSELL or its third-party licensor partners. Your use of the Services doesn’t give you any rights to use or control the content except the ones specifically given to you by this Agreement. Copying, republishing, redistributing, or creating derivative works based on the content, including by caching, framing, or similar means, without written consent from BISSELL is prohibited. The Services and BISSELL Content are protected by copyright, trademark, and other U.S. and foreign laws. Besides what is specifically articulated in this Agreement, BISSELL and its licensors exclusively own all rights, title, and interest in the Services and BISSELL Content, including all associated Intellectual Property rights. You are not permitted to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices on the Services and BISSELL Content. You should assume everything you read and see on the Services is copyrighted, protected, and owned by BISSELL or a third party. Unless noted, nothing you read or see on the Services, or any of the source code or HTML code that BISSELL uses for the Services may be copied in any way without written consent of BISSELL or the appropriate Content owner. No Collective Content may be modified without BISSELL’s written consent, with the exception being your own User Content, legally posted on the Services. Besides your own content, you may not upload Collective Content on any inter-, intra- or extranet site or incorporate the information in any other database. BISSELL is not the publisher or speaker of User Content, or any other information on the Services provided by third-party content providers. BISSELL is not liable for any claims related to such information. Any mention in the Services of products or services provided by third parties is for informational purposes only and doesn’t signify an endorsement or recommendation from BISSELL.

BISSELL’s License to You

BISSELL grants you a limited right to view, download, and print the Services and Collective Content. This license is not exclusive to you, and you can’t transfer it or sublicense it to anyone else. In exchange for these limited rights, you agree to not use, copy, change, distribute, license, sell, transfer, broadcast, or exploit in any way, the Services or Collective Content. Using content for any reason not listed in this Agreement as exempt is prohibited and will terminate the Agreement. The license is revocable by BISSELL at any time. BISSELL doesn’t approve, control, or endorse any User Content, and has no obligation to do so. We reserve the right to remove or change any User Content on the Services at any time for any reason.

Your License to BISSELL

The Services may allow for our users to post their own content on product review pages, comment areas, expert areas, question and answer, discussion forums, sweepstakes, contests, or any other area within the Services. If you take advantage of such features and post your own User Content on the Services, under this Agreement you are granting to BISSELL an absolute right and license to use or transmit that content any way we wish, without limitation. For instance, we can sell this content or use it for advertising purposes, and you waive any right you might otherwise have had to limit or profit from our use of any information, image or likeness contained in the User Content you post. We also have the right to remove from the Services or modify any User Content at any time, for any reason. When you post User Content, we are relying on you to be fully responsible for all the content in your post. This means you are promising to us that each of the following statements are true: - You have all the necessary rights to share and to grant to us our unlimited right to use all the User Content you post; - Your posting of the User Content and our subsequent use of that User Content doesn’t infringe any third-party’s copyrights, trademarks, other intellectual property rights, publicity or privacy rights, or any other legal rights; and - Any person shown in your User Content has consented to your and our use of this content through the Services or otherwise, and if a minor is shown in the User Content, his or her parent or guardian has given this consent. You also give BISSELL the right to identify you as the User Content creator or provider, at our election, unless you notify us in writing at the time you submit the content that you wish to stay anonymous.

Copyright Policy

BISSELL respects the intellectual property of others, and we respond quickly to legitimate claims of copyright and similar infringement. We’ll promptly process and investigate allegations and will take appropriate steps under the Digital Millennium Copyright Act (“DMCA”) or other applicable laws. When we receive a notice that complies with the DMCA, we may remove or disable access to materials in question and we may also terminate access to any identified infringers.

What if I See Copyright Infringement?

Please write us at the address below, direct your letter to BISSELL Office of General Counsel, and place in the subject line “BISSELL DMCA Notification.” Include the following information in your letter: i. Description of the alleged infringed work. ii. Detailed description of where we can find the material you claim is infringing. iii. Statement saying you believe the disputed User isn’t authorized by the copyright owner, its agent, or the law. iv. Your address, phone number, and email address. v. Statement made under penalty of perjury that the information in your notice is accurate and you’re the copyright or intellectual property owner or authorized to act on the owner’s behalf. vi. Complete the letter with your electronic or physical signature. A DMCA Notification is an important legal document. If you misrepresent that an activity is infringing a copyright, you may be liable for damages, including costs and attorneys’ fees. We recommend getting an attorney’s advice if you’re unsure of whether an infringement has occurred. If we remove content in response to a DMCA Notification, we may attempt to contact the content provider. If you provided the content, and you want to dispute the claim of infringement, you can send a written counter-notification to consumercentral@BISSELL.com.

What’s Considered Intellectual Property?

Along with our licensors and partners, BISSELL owns all legal rights in the Services, and all related intellectual property rights. That includes all trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works and any suggestions, ideas, feedback or other information provided by you or any other party relating to the Services, excluding User Content, (collectively “BISSELL IP”). You are not allowed to use any BISSELL IP for any purpose except to view it with the Services. You have not been granted a license in any BISSELL IP by accessing the Services, and BISSELL IP may not be used in connection with any product or service in a way that might cause confusion, such as using it as part of third party trademarks, trade dress, or as part of a domain name, email address, account name or handle, or some other digital property.

Can I Link and Frame BISSELL Services?

BISSELL gives you a limited and revocable right to create a hyperlink to the webpages of the Services, so long as the links don’t portray BISSELL or its products or Services in a false or offensive way. However, you can’t use any of the BISSELL logos, graphics, or trademarks as part of the link without permission. “Framing” or “mirroring” the Services is prohibited without written consent from BISSELL. The Services may have links to other sites or resources. Since BISSELL can’t control those sites or resources, under this Agreement, you acknowledge BISSELL does not endorse and is not responsible for the availability of those external sites or resources, and isn’t liable in any way, for any damage or loss that may be caused using such content, goods, or services on other sites or resources.

What if I want to share an idea with BISSELL?

You are welcome to provide any ideas and suggestions regarding an improvement to the Services. In no event shall the provision of such feedback be subject to any obligation of confidentiality or expectation of compensation. By submitting any feedback to us (whether directly or indirectly), you waive any and all rights in it and acknowledge that we will be free to implement or modify it if desired. For more information, review our Unsolicited Idea Submission Policy (https://www.bissell.com/unsolicited-idea-submission-policy).

Robot Use & Warranty at BISSELL

BISSELL provides a limited warranty for its BISSELL robot(s), which you can find on the individual product page for each robot. That warranty is incorporated into your Agreement with BISSELL by this reference. You agree you won’t use a BISSELL robot or any Services connected to them for any illegal purpose. BISSELL is not liable for any illegal or other misuse of a BISSELL robot or any other Service and is not responsible for loss or damage to a BISSELL robot or any Services because of use with products or services provided by an entity other than BISSELL.

BISSELL Connect App End User License Agreement (“EULA”)

Please carefully read this End User License Agreement (“EULA”) to ensure that you understand its contents before you use the App. By checking the acceptance box when you register yourself to use the App, you agree that you have read and understood all of the terms and conditions set forth herein and you agree to them, by entering into an agreement with BISSELL. If you do not agree with this EULA, please do not accept and do not use the App.

Definitions

In this EULA the terms below shall have the meaning assigned to them in this section, unless context requires otherwise: “App” means the BISSELL mobile application, including any Updates. “Connected BISSELL Product(s)” means any BISSELL product that supports connectivity with the App. “Documentation” means the information about the App, its features and the system requirements as made available by BISSELL. “External Services” means third-party services and websites. “Updates” means any modified versions and updates of, and additions to the App. “User” means any user of the App. General This EULA covers your use of the App whether or not used in combination with any device and any Connected BISSELL Product. If you accept this EULA on behalf of another person, you warrant that you have full legal authority to accept the terms and conditions in this EULA on behalf of that person, and to legally bind that person. The App is intended for use only by persons who are at least 18 years of age. By using the App, you confirm to us that you meet this requirement and you understand that BISSELL may use your contact information and/or any technical means, to verify that you are indeed in compliance with this requirement. In addition, you agree to cooperate and allow BISSELL to block and/or remove your access to the App in case you are underage. BISSELL reserves all rights in and to the App not expressly granted to you under this EULA or under any applicable mandatory laws. BISSELL may amend, supplement or replace the conditions of the EULA in a new version of the App or by timely and duly informing you, in order for you to accept the new EULA. Every time you update the App or download a new version you will have to accept the new EULA. If you do not agree to the new EULA and do not want to accept it, please do not download the new version or update. If you download the App onto a device that is not owned by you, you must have the owner’s consent for this. You will be responsible for complying with this EULA, whether or not you own the device on which the App is installed. Apps made available through the respective online marketplace (App Store, Google Play) are licensed, not sold, to you. Your license (as stipulated below) to the App is subject to your prior acceptance of this EULA or under any applicable mandatory laws. This EULA does not bind or impose any obligations to third parties such as Apple and Google. However, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against the user as a third party beneficiary thereof.

App Content and Registration

The App enables Users to connect their Connected BISSELL products. The App enables Users to view usage, remote control certain products, view replenishment options, access support and update their products and services over time. The registration process in the App and the acceptance of this EULA begins with the download of the App through the different marketplaces (App Store, Google Play), therefore you must respect the conditions of the corresponding marketplace. You may register on the App using your social media accounts, without entering user data and password, allowing these platforms to share your user information with us. However, these platforms may require your user authentication data from that platform. You may be required to provide a multi-factor authentication depending on your security settings within your social media account. If you register through the App, once you have downloaded the App, the system will take you to a form with (i) boxes to be filled in with your personal data (user name, surname, e-mail address, password, of a minimum of six characters and password confirmation) and (ii) boxes to be filled in with the data of the postal address. Once you have filled in all the data, press the "Register" button. The registration system will show the data for your verification or, if necessary, for its modification, indicating in red and with an asterisk those boxes that you have to correct. Once you have verified your data or corrected it, press the "Register" button and you will automatically be registered in the App by accessing your user account. In order to complete your registration in the App and start using it you will have to read and accept this EULA and the Privacy Notice. You may use the App for the purpose of connecting your Connected BISSELL Products. Once connected the app enables you to view usage, remote control certain products, view replenishment options, access support and update your products and services over time. You will be able to correct any mistake in the provision of your data by modifying them in your user account. This EULA will be available for you at any time. BISSELL can also send you a copy of these EULA by sending a request to the contact information listed below.

Updates and Support

From time to time BISSELL may update, provide maintenance to and change the App and the Documentation in its sole discretion and without notice to you, for instance to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You are responsible for updating the App. If you choose not to install Updates or if you configure your device to opt out from automatic Updates, you may not be able to adequately and securely continue using the App.

External Services

The App may enable you to access External Services. You agree to use the External Services at your sole risk. BISSELL is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of BISSELL or any third party. You agree not to use the External Services for any unlawful purposes including to harass, abuse, stalk, threaten or defame any person or entity, and that BISSELL is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

Disclaimer

Your use of the App is at your own risk. The App and the Documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind. BISSELL specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by BISSELL, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely upon such information or advice.

Term and Termination

This EULA will continue to be in force until terminated by you or BISSELL. Termination of this EULA entails that you are no longer able to use the App. You are free to terminate this EULA at any time by deleting the App from your device. Notwithstanding the above, the contractual relationship will be terminated immediately when a new update of the App has been made available to you and you do not accept the new EULA. The download of a new version/update of the App will require the full adhesion and acceptance of the new EULA and, consequently, the beginning of a new contractual relationship. BISSELL is entitled to terminate this EULA with immediate effect or with effect from a later date specified by BISSELL at any time without stating reasons.

Personal Information

If you are interested in how BISSELL collects, processes, and uses your Personal Information related to the Services, please review our Privacy Notice (https://www.bissell.com/privacy-notice).

Export Control

As part of these Terms, you agree to comply with all U.S. and foreign export laws and regulations to ensure neither the Services, or any related technical data, is exported or re-exported in an illegal way. By using the Services, you represent and warrant that you are not in a country subject to U.S. or Canadian government embargo, or which has been designated by the U.S. or Canadian Government as a “terrorist supporting country.” You also warrant you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.

International Use

BISSELL controls the Services in the U.S and Canada. In no way do we represent that materials contained within the Services are appropriate, or available, for use in other locations, and access to the Services is prohibited from locations where such activity is illegal. Users who decide to access the Services do so on their own initiative and are solely responsible for compliance with the law. For the relevant Terms that apply to international use of the Services, please visit our Global website (https://global.bissell.com) and navigate to the appropriate county or region website.

Indemnification

You agree to protect BISSELL and its subsidiaries and associates from any liability, damage or cost (including attorneys’ fees and costs) from any claim or demand made by a third party as a result of your access to or use of the Services, including any violation of this Agreement by you or any third party using your BISSELL Account, login information, or password.

Warranty Disclaimer

You acknowledge that BISSELL has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BISSELL makes no representations concerning any content contained in or accessed through the Services, and BISSELL will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. BISSELL makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. BISSELL cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. BISSELL makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services.

USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY BISSELL ARE HEREBY DISCLAIMED. NEITHER BISSELL NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BISSELL, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL BISSELL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.

Limitation of Liability

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER BISSELL NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Nothing in these Terms excludes or limits (i) the liability of either party for damages caused by gross negligence or willful misconduct; or (ii) your rights as a consumer. The “Warranty Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of BISSELL as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Your Conduct and Prohibited Actions

These Terms apply to your use of the Services, even if you don’t have a registered account. By using the Services, you agree that you will: i. Comply with all applicable laws and use the Services only for lawful purposes that are permitted by these Terms. ii. Not use the Services to cause nuisance, annoyance, or inconvenience to anyone; and will not abuse, harass, threaten, impersonate, or intimidate others. iii. Not post, upload, or distribute content or links to any content considered unlawful, inaccurate, or that you don’t have all necessary rights to transmit, including content BISSELL would consider objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. iv. Not falsify your identity by impersonating any other person. v. Give BISSELL proof of ID whenever reasonably asked. vi. Apart from accessing RSS feeds, not use any robot, spider, scraper, or other automated means to access the Services for any reason without our written permission. vii. Not take any action that may impose a large load on our infrastructure. viii. Not interfere with the Services or any User’s enjoyment of them, including, but not limited to: (1) uploading viruses, adware, spyware, worms, or other malicious software or code; (2) making unsolicited advertisements or similar communications directing spam to other Users or third parties, or submitting links directing others to off-topic content or marketing schemes; or (3) trying to collect personal information from Users or third parties without consent. ix. Not interfere with any activities conducted on or through the Services. x. Not use the Services for any unintended commercial purpose including using any content or component of the Services to advertise or sell any product or item. xi. Not violate, or encourage others to violate, the rights of third parties, by infringing or misappropriating third-party intellectual property or other legal rights. xii. Not interfere with security features of the Services – do not disable or circumvent any features that prevent, or limit use of, copying content or which violate otherwise legally protected software, and do not reverse engineer or extract source code for any part of the Services, except where expressly permitted by law. xiii. Not perform any fraudulent activity using, or connected to, the Services – do not impersonate any person or entity, claim false affiliations, access the accounts or passwords of others without permission, or lie about your age or contact information. xiv. Not attempt to do, or help someone else in carrying out, any other prohibited activities described in these Terms.

What If I Have Questions, Concerns or Disputes?

If you have any questions or concerns, please feel free to reach out to us. We are here to help and would like to work with you directly to resolve any issues or disputes that you may have. If we cannot resolve such dispute, you and BISSELL each agree that it will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.

Controlling Law & Jurisdiction

This Agreement, and any action related to it, is governed by the laws of the State of Michigan without regard, to or application, of its conflict of law provisions or your state or country of residence. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any part of the Uniform Computer Information Transactions Act apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Binding Arbitration and Class Action Waiver

Any dispute related to your use of the Services must be submitted to confidential individual arbitration, except that, to the extent you violate or threaten to violate our intellectual property rights, we may seek appropriate relief in any state or federal court in the State of Michigan (or Toronto, Ontario if you live in Canada). You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Michigan if you live in the United States (or Toronto, Ontario if you live in Canada). If you do not want to be bound by this provision, you may opt-out. To opt-out, you must notify us in writing that you do not wish to be bound by this provision. Such notice should be delivered by postal mail no later than 30 days from the earlier of when (i) you access any Services, (ii) call BISSELL® Consumer Care, (iii) you purchase a product, (iv) you click any button or box labelled "I Accept", "I Agree," or "Place Order" on the Services. Mail opt-out notices to: BISSELL Legal Department 2345 Walker Avenue NW Grand Rapids, MI 49544 Arbitration under this Agreement shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. These Terms do not allow your class arbitrations even if the procedures or rules of JAMS would. Rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. BISSELL operates the Service from its offices in the State of Michigan.

Entire Agreement

This Agreement constitutes the entire agreement between Users of the Services and BISSELL regarding Users’ use of, and access, to the Services.

Waiver & Severability

Our failure to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or the right to enforce any portion of the Agreement at any time. Any waiver or modification of these terms by BISSELL must be in a writing signed by an authorized officer of BISSELL and expressly referencing the applicable provisions of the Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

Transfer & Assignment

This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of BISSELL. BISSELL may assign this Agreement upon 10 days prior written notice to you. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

Changes, Modifications, and Updates to these Terms

Our Services are always evolving to help you clean up life’s messes. We may update these Terms without prior notice. The most current version of these Terms govern your use of the Services and will be maintained on this website. Changes are effective when posted. BISSELL may notify you of changes if we believe them to be material or when required by relevant law or regulation. If you continue to use the Services after these changes are posted and become effective, you agree to be bound by the revised Terms. Please check this page from time to time so you are aware of any changes.

How To Contact Us?

If you have any questions, you can contact our Customer Care team.

Our United States contact information is:

BISSELL Homecare, Inc. 2345 Walker Avenue NW Grand Rapids, MI 49544 Phone: (800) 237-7691

Our Canadian contact information is:

BISSELL Canada 2100 Derry Road West Mississauga, ON L5N 0B3 Phone: (800) 263-2535