Terms of Use

Last Modified: November, 2015

Welcome to the website (“Site”) of Sub-Zero, Inc. and Wolf Appliance, Inc. (collectively, the "Company", “we”, or “us”). By accessing and using this Site, you agree to follow these terms of use (“Terms of Use”) and the Company’s Privacy Policy. This Site is offered and available only to persons who are at least 18 years of age (19 in Alabama or Nebraska and 21 in Mississippi).

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon their posting to this Site. You agree to be bound by any revised Terms of Use by continuing to access and use the Site. You agree to periodically review these Terms of Use for revisions.

Trademarks

Wolf, Wolf & Design, Wolf Gourmet, W & Design and the color red as applied to knobs are registered trademarks and service marks of Wolf Appliance, Inc. Sub-Zero, Sub-Zero & Design, Dual Refrigeration, Constant Care, and The Living Kitchen are registered trademarks and service marks of the Company ("Company Marks"). All other trademarks or registered trademarks appearing on the Site are the property of their respective owners. The Company Marks must be used with permission or by authorized associate parties and may not be used in connection with any product or service other than those of the Company, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company or the Site. You gain no right to use any Company Marks or those of any other entity by virtue of your use of this Site.

Site Access and Security Codes

If you choose to register with our Site, you will be asked to provide certain information, including certain personally identifiable information (“Personal Information”). You agree that the information you provide shall be truthful, you will not submit information which is false and you will not impersonate any third party in providing such information. We will handle any Personal Information which you provide to us in accordance with the terms of our Privacy Policy. You are not required to provide any Personal Information to us, but that may limit your ability to access and use certain resources available on our Site.

If you choose, or are provided with, a user name, password, or any other security codes or questions (“Security Codes”) as part of our security procedures, you agree to keep the Security Codes strictly confidential and not to disclose the Security Codes to any other person. We ask that you immediately notify us if you become aware of any unauthorized access to or use of your Security Codes or any other actual or potential breach of security. You should use particular caution when accessing your account from a public or shared electronic device so that others may not view or record your Security Codes or Personal Information. We reserve the right to disable any Security Codes at any time in our sole discretion and for any reason, including for any violation of these Terms of Use.

This Site and its Content are provided as a convenience to our customers. We reserve the right to suspend, restrict or terminate all or a portion of your access to or use of the Site at any time, without prior notice.

Ownership and Use of Content

The Content provided on this Site is furnished for general informational purposes for the convenience of our customers and users.

The Site and all of its content, features and functionality (including but not limited to all information, software, text, displays, images, software applications, video and audio, photographs, graphics, messages, postings, files, documents, or other materials and its design, selection, and arrangement) (“Content”) are owned by the Company or its licensors and are protected by the copyright, trademark and other intellectual property laws (“Intellectual Property Laws”).

The Company authorizes you to view and download designated portions of the Content that we may make available from time to time ("Designated Information"). This Designated Information may consist of technical information, product literature, and other content regarding our products and services. You may not copy, modify, reproduce or publicly display, transmit, distribute or use the Designated Information for any purpose other than personal use. You may not use the Designated Information on any other website, social media site or networked computer environment such as an intranet or extranet) for any purpose without the prior written permission of Company, which may be withheld in the Company’s sole discretion. Unauthorized use of the Designated Information may violate Intellectual Property Laws. If you fail to comply with these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Designated Information obtained from the Site.

The Company makes no guarantee or any representation or warranty, whether expressed or implied, as to its accuracy, completeness or usefulness of this Content, or the availability of listed products. WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELIANCE UPON SUCH CONTENT BY ANY USER OR THIRD PARTY RECEIVING THE CONTENT.

THIRD PARTY CONTENT

This Site may include content provided by third parties. All statements or opinions expressed in the content provided by third parties are solely the opinions and the responsibility of that third party. The third-party content does not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the accuracy of any content provided by any third parties.

User Submissions

In providing submissions or posting content to our Site, you represent and warrant to Company that you own or have the legal right to use such content, that the content is true and accurate, and that such content will not cause harm to any third party. Any material, information, idea or content you transmit to or post on this Site (“User Submission”) will be treated as non-confidential and non-proprietary. By providing any User Submission, you grant Company, its affiliates, and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute or disclose to third parties any such User Submissions for any purpose. The Company, its affiliates and service providers may share your User Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing our products and services. We assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas. By submitting any User Submissions to our Site, you waive any right to compensation of any type for such User Submissions.

Posting on the Site

Users are prohibited from:

  1. Posting or transmitting to or from this Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Company.
  2. Posting any content that is confidential, proprietary, invades the privacy or publicity rights of others or violates the Intellectual Property Rights of any third party. You agree to indemnify the Company for any and all damages resulting from your User Submissions that violate these Terms of Use. The Company reserves the right to prohibit further User Submissions by any user for violation of these Terms of Use.

Prohibited Uses of the Site

As a user of this Site, you agree not to:

  1. use the Site in any manner that could disable, overburden, damage, or impair the Site or its functionality or interfere with any other party’s access to or use of the Site;
  2. use any automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site; attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the Site’s server, or any server, computer or database connected to the Site;
  3. use any device, software or routine that interferes or attempts to interfere with the proper functionality of the Site;
  4. use the Site for sending spam;
  5. provide content or introduce any virus, Trojan horse, worm, or other malware which is malicious or technologically harmful;
  6. attack the Site via a denial-of-service attack or distributed denial-of-service attack; or
  7. otherwise attempt to interfere with the content or proper functionality of the Site.

Copyright Law Violations

We respect the Intellectual Property rights of others and are committed to comply with the copyright laws. We comply with the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claims of copyright infringement upon receipt of a notice (“Notice”).

If you believe your copyright or the copyrights of a third party are being infringed because of content on our Site, you must promptly provide a Notice to our Designated Agent for this Site at the contact information and following the procedures set forth below: Name
Sub-Zero Group, Inc.
Address
Email

To be effective, your Notice must

(i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:

  1. physical or electronic signature of the holder of the copyright (or such holder’s authorized agent);
  2. A description of the work claimed to have been infringed, or if multiple copyrighted works at our Site are covered by a single notification, a representative list of such works;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
  5. A statement that you have 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of your DMCA Notice, we will investigate and remove the allegedly infringing content, in our sole discretion.

Links To Other Web Sites

Links to third party websites from our Site are provided solely as a convenience to our customers. If you use these links, you will leave this Site. The Company has not reviewed those third party websites, does not control and is not responsible for any of those websites or their content. The Company does not endorse or make any representations about such third party websites, or any information, software, content or other products or materials available on those third-party websites. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

"AS-IS" CONTENT/WARRANTY DISCLAIMERS

THE CONTENT PROVIDED ON THIS SITE IS PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. COMPANY FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT.

THE CONTENT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE CONTENT. CONTENT AVAILABLE ON THIS SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR LOCAL AREA. CONSULT THE COMPANY DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE TO YOU.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE, POSTING OF CONTENT OR YOUR DOWNLOAD OF CONTENT FROM THE SITE.

Limitation of Liability; Consequential Damages Exclusion

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, OR OTHER THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THIS SITE OR ANY OF ITS CONTENT, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE CONTENT FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF YOUR APPLIANCES OR YOUR ELECTRONIC DEVICE’S HARDWARE, SOFTWARE, SYSTEM OR DATA, YOU WILL BE RESPONSIBLE FOR ALL SUCH COSTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and services providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or related to your violation of these Terms of Use or your use of the Site, or its Content including but not limited to your User Submissions.

Applicable Laws

These Terms of Use are governed by the laws of the State of Wisconsin, without reference to its conflicts of law principles. Any lawsuit, or other legal proceeding arising out of, or related to, the subject matter of these Terms, the use of the Site or the Content shall be instituted exclusively in the federal courts or state courts in Wisconsin with jurisdiction in Fitchburg Wisconsin. We also retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This Site is administered by the Company based in Fitchburg, Wisconsin. The Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the content at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so-on your own initiative and are responsible for compliance with applicable local laws.

Forward Looking Statements

The Site may contain forward-looking statements regarding the Company's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive service and product offerings, and lack of market acceptance.

General

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right under these Terms of Use shall not constitute a waiver of such right. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties.

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Privacy Policy

Sub-Zero Group Inc. (collectively, the "Company", "we", or “us”) desire to protect the privacy of its online guests at subzero-wolf.com and any other Company websites (the "Site"). This privacy policy ("Privacy Policy") is intended to provide you notice of our information management practices, including the types of information gathered and how it is used and safeguarded. Your use of this Site constitutes acceptance of this Privacy Policy and the Terms of Use, which are hereby incorporated by reference.

Collection and Our Use of Information

When you visit our Site, we may collect personally identifiable information which you voluntarily choose to provide (“Personal Information”). Personal Information may include your: name, physical address, e-mail address, phone numbers, product serial numbers and company name. Any Personal Information that you provide to us via our Site will be used only for such purposes as are described either in this Privacy Policy or at the point of collection, including the following:

  1. Responding to your questions or comments,
  2. Registering your appliance
  3. Sending you brochures, products, or information.
  4. Notification of new products and promotions
  5. Creating/managing online account
  6. Administering your participation in promotions and contests
  7. Communicating information about your transactions (e-commerce transactions)

Sharing of Personal Information

The Company will not disclose Personal Information to third parties, except in the following circumstances:

  1. When required to complete a transaction or to provide services(in-warranty or out-of-warranty) that you have requested;
  2. To respond to an inquiry, request, comment or complaint that you have made;
  3. To other Company affiliates and subsidiaries, or any subsequent owner or operator of our Site if we assign our rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of our assets or the Site's assets and/or services to a subsequent owner or operator. You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of such website, and your continued use of the Site signifies your agreement to be bound by any terms or policies of the Site's subsequent owner or operator;
  4. With business partners who help us collect and analyze Personal Information and Electronic Data;
  5. When we have previously informed you of the disclosure, including by means of this Privacy Policy;
  6. When we are required by law or court order to disclose, or we believe in good faith that the law requires it;
  7. When disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, our rights or property; or
  8. In any other circumstances when you have given your consent to such disclosure.

We may also allow our business partners to collect information about your online activities so that these entities can provide services to us. These and other third parties may collect or receive information about your use of our Site and our products, including through the use of cookies, web beacons and other technologies, and this information may be collected over time and combined with information collected from other sites and online services. These third parties may serve advertisements on our behalf that are customized based on predictions about your interests generated from your visits over time and across different websites, including our Site. These third parties may participate in the Network Advertising Initiative and/or the Self-Regulatory Program for Online Behavioral Advertising. These programs allow users to opt out of targeted advertisements offered by participating companies. You can learn more about these programs at http://www.networkadvertising.org/ or http://www.aboutads.info/. To limit or opt out of targeted advertisements by participating companies, please visit http://www.networkadvertising.org/managing/opt_out.asp or http://www.aboutads.info/choices/. Note that we do not have control over these targeted advertisement programs or the companies that participate in them.

We may also use IP addresses in cooperation with internet service providers to identify users if we deem it necessary to comply with laws, to enforce compliance with this Privacy Policy or our Terms of Use, or to protect our Site, customers, or others.

Protection of Children's Personal Information

We do not publish content that is targeted to children. We do not intend to collect personally identifiable information from anyone under 13 and will not knowingly collect, maintain, or disclose such information. If you are under 13, you should not enter any personally identifiable information about yourself on our Site. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will make reasonable efforts to remove the information from our database, at your written request. To request the removal of your child's information, please send us an e-mail at customercare@subzero.com, and be sure to include in your message the same information, including e-mail address that your child submitted.

Electronic Data

Some non-personally identifiable information is collected and stored automatically when you visit the Site (“Electronic Data”). If you do nothing during your visit but browse through the Site, read pages or download information, we will gather and store Electronic Data about your visit automatically via our system’s Server Log. Electronic Data does not identify you personally. Electronic Data may include:

  • IP address
  • Domain name
  • Type of browser
  • Operating system
  • Pages viewed
  • Search requests
  • Geolocation & country
  • Time and duration of visit

If you linked to our Site from another web site, Electronic Data may include that website's address. We may aggregate Electronic Data and use it to deliver personalized content, to diagnose programs with the Site, and for statistical purposes. The Electronic Data helps us to determine the volume of our Site users' interest in areas of our Site. It also helps us understand how we can improve the navigation and content of our Site. We may disclose Electronic Data to third parties.

Use of Cookies

Electronic Data may be collected with the use of cookies. "Cookies" are commonly known as small text files a web site can use to recognize repeat users. When someone visits the Site, a cookie is placed on the customer's machine (only if the visitor's web browser has been set to accept cookies) or is read if the visitor has visited the Site previously. We may use a variety of other technological tools, means, and mechanisms to help us customize your experience and otherwise improve and enhance the services we provide on the Site. The term “Cookie” shall be deemed to refer to any and all of these tools, means, and mechanisms, whether currently available or developed and used in the future. You can choose not to accept Cookies by blocking them in your Internet or mobile browser. To block Cookies, please consult your Internet or mobile browser's help section or operating instructions. You acknowledge and understand that blocking or erasing cookies may limit or restrict your ability to use any or all of the features and functions of our Site. The Company may also use other technologies for the purpose of tracking and researching Electronic Data, including web beacons, web logs, pixel tags, passive capture technologies, or other technologies.

How We Respond to Do Not Track Signals

While the Company takes reasonable steps to protect the privacy of its Site visitors, the Company cannot promise or guarantee that its current online applications programming will address every browser setting or honor every personal browser preference. In particular, the Company does not react to "Do Not Track" or "DNT" browser signals at this time. Note that third parties may collect Personal Information and other information about your activities over time and across different websites when you visit our Site or other websites.

Security

We will make reasonable efforts to ensure that whatever information you provide will be maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information (including Personal Information) you transmit to us or from our Site, and you provide such information at your own risk.

California Privacy Rights

Under California Civil Code Section 1798.83, California residents have the right to obtain a) a list of all third parties to whom the Company may have disclosed your Personal Information within the past year for direct marketing purposes; and b) a description of the categories of Personal Information disclosed. To obtain such information, please e-mail your request to customercare@subzero.com.

Links to Other Websites

We are not responsible for any content offered on any third-party websites. Links to third-party websites are provided for your convenience only. This Privacy Policy will not apply to any Personal Information that you provide to, or that is collected by, any third-party website operator or third-party product/service provider.

This Site may include social media features such as Facebook or Twitter buttons (such as "Like" or "Tweet"). These sites may automatically record information about your browsing behavior every time you visit a site that has a social media button, regardless of whether you click on the button. Your use of these features is governed by the privacy policy of the company providing the social media feature, not by this Privacy Policy. You should review your privacy settings on social media sites that you use.

Changes to Policy

We may, at any time, revise this Privacy Policy by updating this posting. Your continued use of this Site indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review this Privacy Policy for changes.

Consent to Processing in the United States

By providing any Personal Information to the Company pursuant to this Privacy Policy, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection and processing of such Personal Information in the United States of America, and/or in territories or countries outside of the United States of America. You understand and acknowledge your consent to such collection and processing notwithstanding that governmental authorities may not consider the level of protection of such Personal Information in the United States to be equivalent to that required within the European Union or other jurisdictions.

Further Questions

If you have any questions or comments about our Legal Notice, please contact us.