Terms and Conditions
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.
Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. YOUR CONTINUED USE OF THE SITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.
Products, Content and Specifications. All features, content, specifications, products, and prices of products and services described or depicted on this Website, including but not limited to www.irobot.com and www.irobotstore.com (collectively "Website"), are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. iRobot Corporation ("iRobot") and its affiliates, suppliers, or contractors which operate certain portions of this Website pursuant to agreements with iRobot (collectively, "we", “our”, or "us"), make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
Use of this Website. This Website, including its design, text, graphics, content visual material, and all information contained on this Website ("Information"), is copyrighted and protected by worldwide copyright laws and treaty provisions. The Information iRobot authorizes you to view and download copies of this Information only for your personal, non-commercial use, subject to the following conditions: (1) you must retain, on all copies of the Information downloaded, all copyright and other proprietary notices contained in such Information; (2) you may not modify the Information in any way, reproduce, publicly display, distribute, or otherwise use such Information for any public or commercial purpose; and (3) you must not transfer the Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time.
Except as expressly provided herein, iRobot does not grant any express or implied right or license to you under any patents, design patents, trademarks, copyrights, or trade secret information.
Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by us or our respective affiliates. iRobot does not make any representation whatsoever regarding the content of any other website, which you may access from the Website. When you access a non-iRobot website, please understand that it is independent from iRobot and that iRobot does not have any control over the content on that website. A link to a non-iRobot website does not mean that iRobot endorses or accepts any responsibility for the content or use of such website. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Website, as they may be different from these Terms and Conditions.
The contents of this Website are ©2016 iRobot Corporation. All rights reserved.
Trademarks. iRobot owns a number of trademarks used on this Website, including but not limited to iRobot and its figure, Roomba, Mirra, Looj, Braava, Braava jet, Ava, RP-VITA, and Create . Those trademarks followed by a "®" or “TM” are registered trademarks of iRobot in the United States; all others marks are trademarks or common law marks of iRobot in the United States, except as noted below. Failure of a mark to appear on this Website does not mean that iRobot does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market. Other trademarks, trade names, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of iRobot or such other owner.
Linking to this Website. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules, and regulations.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Customer Reviews. Visitors may submit reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
If you do submit material, and unless we indicate otherwise, you grant iRobot, or its assigns, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant iRobot, or its assigns, the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iRobot for all claims resulting from content you supply. iRobot has the right but not the obligation to monitor and edit or remove any activity or content. iRobot takes no responsibility and assumes no liability for any content posted by you or any third party.
Submissions. iRobot's company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this site submit or send any original creative materials, including but not limited to submissions of suggestions, ideas or concepts related to current or future products or business ideas. If at our request you send certain specific submissions (e.g., customer reviews) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions"), the Submissions shall be deemed and shall remain the property of iRobot in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants iRobot the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that iRobot chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against iRobot relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract, or breach of confidentiality.
DISCLAIMER OF WARRANTIES. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION AND MATERIALS,PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE.
THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NEITHER WE, NOR ANY OF OUR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS SERVICES. IROBOT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION AND MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
LIMITATIONS OF LIABILITY. We do not assume any responsibility, and we will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.
IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Resolving Disputes: If a dispute should arise between you and iRobot, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at firstname.lastname@example.org or by phone at 1.800.727.9077. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and iRobot agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate iRobot’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances iRobot may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or iRobot must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and iRobot will pay all other administrative costs and fees. In addition, for claims of less than $1,000, iRobot will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and iRobot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and iRobot. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and iRobot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND IROBOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in Massachusetts or federal court of competent jurisdiction in the District Court of Massachusetts.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at 1.800.727.9077.
The contents of this Website are ©2016 iRobot Corporation. All rights reserved.