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Smart Appliance Terms of Use

We are pleased to offer you the opportunity to use our My Sub-Zero Smart Appliance Application (the “App) and Smart Appliance Services (the “Services”).

These Terms of Use (“Terms of Use”) govern your use of the App and the Services we offer when you use your Smart Appliance manufactured by Sub-Zero Group, Inc. (collectively, “Sub-Zero,” “we,” or “us”).  We require you to use the App and the Services in accordance with these Terms of Use.

In order to use the Services and App, you must first read and agree to these Terms of Use and the Smart Appliance Privacy Policy (the “SA Privacy Policy”).

YOUR ACCOUNT

To use the connected functionality of your Smart Appliance using the Services and the App, you must create a user account or use an existing account.

  • Creating an Account.  To use the Services or the App, you must create a user account with us online (“Account”).  When you create an Account, we ask you to provide certain personal information such as your name, address and email address (“Personal Information”).  You agree to provide truthful information, not to submit false information, and not to impersonate any third party. We will also ask you to provide your Smart Appliance serial number and installation date.

     

  • Primary and Secondary Accounts.  You will own the primary Account.  If you choose to permit other users to monitor the Smart Appliance, you must create a secondary account.  The primary user may have access to certain functionality which is greater than that of the secondary user.  The primary user shall be liable to us for any losses which arise from the secondary users’ use of the App or the Services, in violation of these Terms of Use, the SA Privacy Policy or applicable law.  You agree to keep your user account name and password information, as well as any related security codes (“Security Codes”) we provide to you, strictly confidential and you will not disclose the Security Codes to any third party.

     

  • Existing Accounts.  If you already have an on-line Account with Sub-Zero, you may access your Smart Appliance functionality using that Account, provided that you first review and agree to abide by these Terms of Use and the SA Privacy Policy.

     

  • UPDATES.  YOU WILL BE REQUIRED TO UPDATE THE SERVICES OR THE APP TO CONTINUE USING THEM.  YOU ACKNOWLEDGE THAT WE MAY UPDATE THE SERVICES OR THE APP WITHOUT REQUIRING ANY ADDITIONAL CONSENT OR ACTION FROM YOU, AND YOU CONSENT TO SUCH UPDATE BY CONTINUING TO USE THE SERVICES OR THE APP.

     

  • Protecting Your Account.  We recommend you 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, including for any violation of these Terms of Use, the SA Privacy Policy or applicable law.

     

  • Closing Your Account.  If you no longer wish to use the App or the Services, you have the right to delete your Account at any time.  If you keep a Smart Appliance connected to Wi-Fi after you close the Account, you may still be transmitting data from your Smart Appliance to Sub-Zero, unless you disconnect your Smart Appliance from the Wi-Fi router.

    • TECHNOLOGICAL REQUIREMENTS

    You will need a working and reliable wireless internet connection to use the App and the Services.  If you use the App or opt to receive notifications via text messages, you will need to use your internet or mobile data connection.  You are required to purchase appropriate internet and mobile data plans to use the App and the Services, at your own cost.  We will not be liable for any overage charges or terms of service with respect to these internet and mobile plans.  You may disable notifications within your Account if you wish to avoid data charges, or you may stop using the Services to avoid any additional data charges.

    The Services and the App are not available outside of the United States, or when your internet, wireless connection, or mobile connection, as applicable, is not working.  The Services and the App may be subject to limitations and restrictions outside of the control of Sub-Zero, including, but not limited to, internet availability, wireless network capabilities, environmental or atmospheric conditions, cybersecurity attacks, or other risks related to the use of the internet.

    DATA SECURITY AND PRIVACY

    We will handle any Personal Information and any electronic data which we collect when you use the Services, the App or the Appliance, (which we refer to as “Connected Data”) in accordance with the terms of the SA Privacy Policy, which is available at https://www.subzero-wolf.com/company/privacy-policy and is incorporated by reference into these Terms of Use. 

    USE OF YOUR SMART SERVICES AND APP

    You agree to utilize the Services and the App with your Smart Appliance, in accordance with these Terms and the Sub-Zero Use and Care Guide.  The App and the Services are designed for personal household use and not designed for commercial use.

    IT IS YOUR RESPONSIBILITY TO OPERATE YOUR SMART APPLIANCE SAFELY AND TO REPAIR AND MAINTAIN YOUR SMART APPLIANCE IN ACCORDANCE WITH OUR USE AND CARE GUIDE.  YOU ARE ALSO REQUIRED TO UTILIZE THE SMART APPLIANCE IN ACCORDANCE WITH THESE TERMS OF USE.  FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR SMART APPLIANCE, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.

    YOU SHOULD NOT USE YOUR SMART APPLIANCE, THE SERVICES, OR THE APP IN ANY MANNER UNINTENDED BY US.  YOU MUST COMPLY WITH ALL APPLICABLE LAWS REGARDING THE USE OF YOUR SMART APPLIANCE, THE SERVICES, AND THE APP.  YOUR USE OF THE SERVICES AND THE APP IS NOT A SUBSTITUTE FOR SAFE, RESPONSIBLE AND PRACTICAL USE OF YOUR SMART APPLIANCE.  THE SERVICES AND THE APP ARE NOT INTENDED TO BE RELIED UPON FOR THE PURPOSES OF PREVENTING ANY FIRE, ACCIDENT OR OTHER DAMAGE.

    WE PROVIDE YOU WITH THE APP AND THE SERVICES AS A CONVENIENCE, IN ORDER TO MAXIMIZE THE FUNCTIONALITY OF YOUR SMART APPLIANCE.  WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ISSUES WITH REGARD TO THE RELIABILITY, ACCURACY OR COMPLETENESS OF THE CONTENT INCLUDED IN THE APP OR THE SERVICES, OR THE RESULTS OBTAINED FROM USING THE APP OR THE SERVICES.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR FAILURE TO USE THE SMART APPLIANCE, THE SERVICES, OR THE APP, IN ACCORDANCE WITH THESE TERMS OF USE OR THE USE AND CARE GUIDE.

  • Ownership and Use of the App and the Services.  Sub-Zero, or its licensors, owns the Services and the App, and their respective content, features and functionality (“Content”).  The Services, the App and their Content are protected by copyright, trademark and other intellectual property laws (“Intellectual Property Laws”).

    Upon your acceptance of these Terms of Use and the SA Privacy Policy, we grant you a limited, non‑exclusive, revocable, non‑transferable (except as provided as a result of transfer of the Smart Appliance), non‑sublicensable right and license to install and use the App on a mobile device, solely for the use of the Services, the App and your Smart Appliance.

    You may not copy, modify, reproduce or publicly display, transmit, distribute or use the Content for any purpose other than personal, non-commercial use.  You may not reverse engineer the Services, the Smart Appliance, or the App.  You may not remove any patent, copyright, trademark or other notices of intellectual property rights from the App.  Unauthorized use of the Content may violate the Intellectual Property Laws.  All rights not expressly granted to you in these Terms of Use are reserved and retained by Sub-Zero, or its licensors, suppliers, rights holders, or other content providers.

  • Prohibited Uses.  Users of the Services or the App agree that they will not:
    1. use the Services or the App in any manner that could disable, overburden, damage or impair the Services or the App, or their functionality, or interfere with any other party’s access to or use of the Services or the App;
    2. use any automatic device, process or means to access the Services or the App for any purpose, including monitoring or copying any Content on the Services or the App;
    3. attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services or the App, the Services or the App servers, or any server, computer or database connected to the Services or the App;
    4. use any device, software or routine that interferes or attempts to interfere with the proper functionality of the Services or the App;
    5. alter, damage or delete any Content provided by us;
    6. impersonate any person or entity;
    7. provide or introduce any virus, Trojan horse, worm, ransomware or other malware which is malicious or technologically harmful;
    8. impose an unreasonable or disproportionately large load on our computer system, including, but not limited to, sending spam or unsolicited mass email; and
    9. otherwise attempt to interfere with the Content or proper functionality of the Services or the App.

       

  • Trademarks.  We own certain international, federal and state trademarks which we utilize in conjunction with the sale of our Smart Appliances, the Services, and the App.  We retain all rights in our trademarks and logos.  You are not permitted to use our trademarks or logos without our prior, express written permission, which we may deny in our sole discretion.

     

  • Sale or Transfer of a Smart Appliance.  If you choose to sell or transfer your Smart Appliance to another person, or permit another person to use your Smart Appliance, you agree to:
    1. Promptly notify such person that the Smart Appliance is subject to these Terms of Use and the SA Privacy Policy and that they must register for the App or the Services, in order to utilize the functionality of the Smart Appliance.
    2. Immediately notify us or update or deactivate your Account, as applicable.
    3. Terminate your own Account and not attempt to access or interfere with access to the Smart Appliance after sale or transfer of that Smart Appliance.

       

    Right to Terminate

    We reserve the right to suspend or terminate your access to the Services or the App and terminate your license rights under these Terms of Use, at any time, if you violate these Terms of Use, the SA Privacy Policy, or applicable law.  This will prevent you from using the connected features of your Smart Appliances.  If we terminate your account in accordance with this paragraph, we will delete your account, user name, password and Content, and all associated materials, with no further legal obligation or liability to you.

    User Submissions

    In providing or posting any material, information, idea or content, including any reviews, comments, suggestions or feedback (“User Submission”) regarding the Smart Appliance, the Services or the App, you represent and warrant to Sub-Zero that you own or have the legal right to share such User Submissions, that the User Submissions are true and accurate and that such content will not cause harm to any third party. 

    We will treat User Submissions as non‑confidential and non‑proprietary.  By providing any User Submission, you grant us a non‑exclusive, royalty-free, perpetual, irrevocable, transferable and  sublicensable right to use, reproduce, modify, perform, display, distribute, adapt, publish, translate, prepare derivative works from, and disclose to third parties any such User Submissions for any purpose.  We may share your User Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing our products and services.  We are not obligated to pay any compensation to you for a User Submission.

    When providing a User Submission, you are prohibited from:  (a) posting or transmitting 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; or (b) 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 Sub-Zero for any and all damages resulting from your User Submissions that violate these Terms of Use or applicable law.  We reserve the right to prohibit further User Submissions by any user for violation of these Terms of Use.

    Promotions

    We may offer you the opportunity to participate in certain sweepstakes, promotions or contests (“Promotion”) using the App or the Services, from time to time.  Some Promotions may have terms and conditions that differ from, or are in addition to, these Terms of Use.  In the event of a conflict between these Terms of Use and the terms and conditions of any particular Promotion, the terms and conditions of the Promotion will prevail.

    USE OF THIRD-PARTY DEVICE

    You may choose to connect your Smart Appliance with a Third-Party Device as defined in the SA Privacy Policy.  By installing and using any Third-Party Device with your Smart Appliance, you are authorizing us to share your Connected Data, Personal Information and related information and/or perform actions with the Third-Party Device provider.  Any communication of your Smart Device via a Third-Party Device will be treated by Sub-Zero as a communication authorized by you, and any communication via a Third-Party Device in response to your request will be treated as a communication to you.  Please directly consult the Third-Party Device provider’s privacy policy to learn more about how the specific Third-Party Device provider processes and treats interactions with your Smart Appliance and Connected Data, for example, Amazon when using an Alexa-enabled device or Google when using a Home device.

    WARRANTY DISCLAIMER

    YOU USE THE SERVICES AND THE APP AT YOUR OWN RISK.  WE PROVIDE THE SERVICES AND THE APP ON AN “AS‑IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON‑INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  WE MAKE NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES AND THE APP, NO WARRANTY THAT THE SERVICES OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND NO WARRANTY THAT DEFECTS IN THE SERVICES OR THE APP WILL BE CORRECTED.  WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR THE APP, OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR THE APP.

    YOUR EXCLUSIVE REMEDY FOR ISSUES RELATED TO THE OPERATION OF THE APP, THE SERVICES, OR THE CONNECTED FUNCTIONALITY OF YOUR SMART APPLIANCE, IS TO STOP USING THE APP, THE SERVICES, OR THE CONNECTED FUNCTIONALITY OF THE SMART APPLIANCE.

    UNDER CERTAIN PROVISIONS OF STATE AND FEDERAL LAW, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    LIMITATION OF LIABILITY

  • CONSEQUENTIAL DAMAGES EXCLUSION.  SUB-ZERO WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO (A) YOUR USE OF THE APP OR THE SERVICES; (B) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR THE APP; (C) THE RESULTS OF YOUR USE OF THE SERVICES OR THE APP; (D) A DATA SECURITY OR  PRIVACY INCIDENT  RELATED TO YOUR USE OF THE SERVICES OR THE APP; (E) LOST, CORRUPTED OR COMPROMISED DATA RELATED TO YOUR ACCOUNT, THE APP OR THE SERVICES; (F) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, THE SERVICES OR THE APP; (G) ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, THE SERVICES OR THE APP; (H) USE OF A THIRD-PARTY DEVICE WITH YOUR SMART APPLIANCE; OR (I) THE SUBJECT MATTER OF THESE TERMS OF USE OR THE SA PRIVACY POLICY.  THIS LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES EXCLUSION WILL APPLY WHETHER YOUR CLAIM IS BASED UPON A BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FURTHER, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS RELATED TO ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, THE SERVICES OR THE APP, EVEN IF CAUSED BY OUR NEGLIGENCE.

     

  • CAP ON DAMAGES.  IN NO EVENT WILL SUB-ZERO BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $200.00.  ANY CLAIM ARISING UNDER THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR THE APP MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM ARISES.

    CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.

    THIS PROVISION ALSO APPLIES TO ALL OF OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND SERVICE PROVIDERS.

    Indemnification

    Except where prohibited by law, you agree to defend, indemnify and hold harmless Sub-Zero and our affiliates, licensors and service 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 attorneys’ fees) arising out of or related to your violation of these Terms of Use, the SA Privacy Policy, or your use of the Services or the App.

    DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES

    Any dispute arising out of or in any way related to these Terms of Use, the SA Privacy Policy, your use of the Services, or the App (under any legal theory) shall be submitted to mandatory binding arbitration between Sub-Zero (including its affiliates, agents, employees, directors, officers, successors or assigns) and you as the Account owner or your heirs, survivors, representatives and no other parties.  The arbitration will take place before a single arbitrator.

    Arbitration is a dispute resolution process which is more informal than a court case.  ARBITRATION DIFFERS FROM A LAWSUIT IN COURT AS THERE IS NO JUDGE OR JURY AND THERE IS A LIMITED COURT REVIEW OF A FINAL ARBITRATION AWARD.  There may be more limits on discovery than in a court case.  The arbitrator is required to make a decision based upon these Terms of Use, the SA Privacy Policy and applicable law.  The arbitrator may award damages and attorneys’ fees, but the arbitrator may not grant declaratory or injunctive relief except in very limited circumstances and only as it relates to your individual rights under these Terms of Use.

    There are some exceptions to this mandatory arbitration provision.  Specifically, either of us may at any time:  (a) bring a small claims court suit; (b) pursue claims with federal, state or local government agencies, if applicable; (c) pursue a claim for injunctive relief; or (d) bring an action to enforce intellectual property rights.

  • Applicable Process.  Either Sub-Zero or you may bring an arbitration proceeding under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Arbitration Rules of the American Arbitration Association (“AAA”).  The Federal Arbitration Act governs the enforcement of this provision.

    You may obtain instructions on how to file arbitration with AAA by calling AAA at 1‑800‑778‑7897 or online at www.adr.org or we can assist you in contacting AAA.  The arbitration will take place at a location in Chicago Illinois, unless the amount of the claim is for $10,000.00 or less, in which case either of us have the choice of (a) submitting the dispute to the arbitrator based upon documents only; (b) using a telephone hearing; or (c) attending in person as established under the AAA rules in the county or parish where your Smart Appliance is located.

    The fees you incur in arbitration and your share of the arbitrator’s fees are limited, as set forth in the AAA Consumer Rules.  Sub-Zero will pay the remaining fees.  If the arbitrator determines your claim was improper or frivolous, payment of all fees will be governed by the AAA Rules and you will be required to reimburse us.  The arbitrator is required to issue a written decision sufficient to explain the facts and legal conclusions on which the decision and award are based.  The arbitrator may resolve disputes as to the payment and reimbursement of fees or expenses during the arbitration proceeding, or if requested by a party, within 14 days of the arbitrator’s issuance of an award.

    To bring an arbitration action, a party must file a demand for arbitration no later than one year after the date that party first becomes aware of, or should have known of, the claim subject to arbitration, or that claim will be time barred and you will have no right to seek any other remedy.  In instances where a one‑year time limit is prohibited, the claim must be brought within the shortest time period permitted by applicable law.

  • Arbitration Proceedings.  If a party wishes to bring an arbitration proceeding under these Terms of Use, that party must send written notice of the dispute by letter or email to the other party.  The notice must contain (a) an explanation of the dispute; and (b) describe the specific remedy or award you are seeking from the arbitrator.  The parties then must work together in good faith to attempt to resolve any such dispute through discussions or email communications.  If the parties cannot resolve the dispute within such time frame, either party may submit the dispute to arbitration.

If you win the arbitration, we will pay you the amount of the award or $1,000.00, whichever is greater.  The arbitration and all information disclosed during the arbitration may not be disclosed to any third party except as required by law.  The parties will not make any comments or announcements to the public about the subject matter or outcome of the arbitration.

If we change this arbitration provision, you may reject that change by sending us a written notice within 30 days of the change, in which case we will terminate your account.

If the waiver of a class action is unenforceable or the arbitration provision is held to be unenforceable, this arbitration provision is null and void.

Waiver of Class Action

BY ACCEPTING THESE TERMS OF USE, AND EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIMS AGAINST SUB-ZERO BASED ON THE SUBJECT MATTER OF THESE TERMS OF USE OR THE SA PRIVACY POLICY, ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY CLASS ACTION LAWSUIT OR PURPORTED CLASS ACTION LAWSUIT.

Apple-Specific Terms

If you obtained the App through the Apple App Store, the following terms apply:  (a) these Terms of Use are between you and us only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or its Content; (b) your license to use the App is limited to use on any Apple electronic device such as the iPhone, iPod, iPad or compatible device that you own or control, to the extent permitted by the Usage Rules set forth in the App Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) Apple will have no warranty obligation whatsoever with respect to the App, other than refund of the purchase price, if any, for such App, and no other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be Apple’s responsibility; (e) Sub-Zero, not Apple, is responsible for addressing any claims by you or any third party relating to the App and/or your use of the App, including, but not limited to:  (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third‑party claim that the App or your possession and use of the App infringes that third‑party’s intellectual property rights, Sub-Zero, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple’s subsidiaries, are third‑party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right to enforce these Terms of Use against you, as a third‑party beneficiary thereof.

Compliance with Export Laws

You may not use or otherwise export or re‑export the Services or the App, except as authorized by United States law and the law of any other applicable jurisdiction.  In particular, you may not export or re‑export the Services or the App to any United States embargoed country or to anyone on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Persons List or Entity List.  You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Applicable Laws

These Terms of Use are governed by the laws of the State of Wisconsin, without reference to its conflicts of law principles.  Sub-Zero makes no representation that the Services or the App are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited.

General

No waiver by us 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 Sub-Zero 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, the SA Privacy Policy and the Care and Use Guide constitute the sole and entire agreement between Sub-Zero and you with respect to your use of the Services and the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties.

Changes and Updates to These Terms of Use

We may, from time to time, update these Terms of Use in our sole discretion.  We will prominently display any changes to these Terms of Use on our website which clearly indicates there has been an update to the Terms of Use.  We may also provide electronic notice of a change to your registered electronic device or email address.

If we make a material change to these Terms of Use, we will notify you of the changes when you access the App or the Services and you will be asked to accept the updated Terms of Use by clicking on the accept button.  You will be required to accept the revised terms prior to continuing to use the App or the Services.  You will not be able to access the Services or the App until you accept the updated Terms of Use.

We encourage you to review our Terms of Use from time to time for updates.  By continuing to use the Services or the App, you agree that you accept those changes to these Terms of Use.

Information or Complaints

If you have any questions about the Services or the App, please contact Sub-Zero customer service at (800) 222-7820.

 

Last Updated: December 28, 2018