STIHL INCORPORATED MOBILE AND WEB APP TERMS AND CONDITIONS OF SERVICE

FOR MY iMOW® US LAWNMOWER M2M SERVICES

LAST MODIFIED:  September 2023

 BY ACCESSING OR USING THE MY iMOW® US MOBILE OR MY iMOW® US WEB APPLICATIONS (COLLECTIVELY, “THE “MOBILE APPS”), YOU AND THE INDIVIDUAL OR THE ENTITY YOU REPRESENT ACCEPT AND ACKNOWLEDGE THAT THE MOBILE APPS TERMS AND CONDITIONS OF SERVICE FORM A LEGAL AGREEMENT BETWEEN YOU AND STIHL INCORPORATED (“STIHL”) WHICH GOVERNS YOUR USE OF THE MOBILE APPS.  THIS INCLUDES THAT ANY DISPUTES ARISING OUT OF THESE TERMS, THE PRIVACY POLICY OR THE MOBILE APPS WILL BE BINDING ARBITRATION.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN THIS AGREEMENT OR ACCESS OR USE THE MOBILE APPS.  

1. Overview.

General.  STIHL Incorporated provides software that may be downloaded to your mobile device (e.g., smartphone or tablet) or internet enabled PC to access Mobile Apps, all for use in conjunction with the STIHL Lawnmower iMOW® 5, 6, 7 Bluetooth and Wifi and with additional SIM-Chip, iMOW® 5 EVO, 6 EVO, 7 EVO purchased and installed at your entity’s facility or your residence by an authorized STIHL dealer (“Dealer”) or authorized STIHL installer (“Installer”) (such products referred to in the Terms as “STIHL Products”). The Mobile Apps can be used in ways that integrate with STIHL Products and products and services provided by third parties.

Intended Use of Mobile Apps. The Mobile Apps are intended to be accessed and used for non-time-critical information and remote setting of STIHL Products’ functions (including, but not limited to pre-programming active lawn mowing times, displaying status notifications, starting and ending the mowing process, starting and pausing the lawnmower manually, and switching the automatic mode on and off). The Mobile Apps are not intended to be reliable or available 100% of the time. The Mobile Apps are subject to sporadic interruptions and failures for a variety of reasons beyond STIHL’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that STIHL is not responsible for any damages allegedly caused by the failure or delay of the Services.

Complete Terms.  These Terms and Conditions apply exclusively between STIHL and You. If you download the MY iMOW® U.S. Mobile App from Apple Inc.'s App Store or from Google LLC’s Google Play Store (together "App Stores") to your mobile device, Apple Inc. and Google LLC are not responsible for the content in the Mobile Apps. By accessing or using the Mobile Apps, you agree to these Terms, as well as the Privacy Statement which is located at the following website: https://info.myimow.stihl.com/en-us (“Privacy Statement”) which is incorporated herein by reference.  These Terms also incorporate (a) the Apple, Inc. (“Apple”) Media Services Terms and Conditions (located at https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html ) including, without limitation, the Licensed Application End User License Agreement (together, “Apple Terms”),  (b) the Google Inc. (“Google”) Google Play Terms of Service (located at https://play.google.com/intl/en-us_us/about/play-terms.html ) (the “Google Play Terms”), To the extent there may be a conflict among these Terms, the Apple Terms, the Google Play Terms, these Terms control. Up-to-date information relating to the "MY iMOW® U.S. App" and the "MY iMOW® U.S. Web App" is provided at: https://info.myimow.stihl.com/en-us .

2. Eligibility, System Requirements, Updates. 

Eligibility.  The terms “you,” and “end user” as used in these Terms, means any person or entity 18 years of age or older who accesses or uses the Mobile Apps.  Primary Users and Authorized Users may be individuals acting in their own capacities, commercial enterprises, or government or educational institutions. Only persons aged 18 years or older may use the Mobile Apps.  By using the Mobile Apps, you represent and warrant that you are at least 18 years old and otherwise have the capacity to contract.  

United States.  The Mobile Apps are only intended for use by end users residing or using the Mobile Apps in connection with facilities located in the United States and its territories and possessions.  If you use or attempt to use the Mobile Apps from outside of the United States, end users do so at their own risk and must comply with applicable laws (including data privacy regulations) in these other countries.

System and Technical Requirements.  Depending on the functions of the respective

iMOW® robot mower, it may be used via MY iMOW® (a) with a Bluetooth and/or WiFi connection, or (b) with a Bluetooth, WiFi and/or data or cellular connection. In order to control the iMOW® robot mower by mobile connection or WiFi, the iMOW® robot mower must be located in an area where sufficient data/cellular reception or WiFi reception can be established. To control the iMOW® robot mower using Bluetooth, your device must be located near the iMOW® robot mower. The use of MY iMOW® requires a compatible device, i.e. an Internet-enabled smartphone/tablet/etc. for MY iMOW® Mobile App or an Internet-enabled smartphone/tablet/PC/laptop/etc. with a supported Internet browser for MY iMOW® Web App.  The MY iMOW® Mobile App is downloaded via the App Stores. For more information, visit http://info.myimow.stihl.com/en-us.  A chip integrated in the iMOW® robot mower is used for the mobile connection of the iMOW® robot mower and is already activated.

It is your responsibility to ensure that: (1) you have all required system elements (2) that your operating system is up to date, and (3) they are compatible and properly configured. You acknowledge that the Mobile Apps may not work as described when the requirements and compatibility have not been met. 

Software Updates.  From time to time STIHL or third parties providing the Mobile Apps may develop upgrades, updates, patches, bug fixes and other modifications to improve the performance or compatibility of the Mobile Apps (“Updates”).  You acknowledge and agree that Updates will either be manually installed with notification or automatically installed on your STIHL Products and/or Devices without providing any additional notice to or receiving any additional consent from, you.  You acknowledge that you may be required to install Updates to use the Mobile Apps, the M2M Services, and the STIHL Product and you agree to promptly install any Updates if so required. 

3. Accounts.

Your Account. You will be required to register for an account to enable the M2M Services for your STIHL Product (“Account”).  If the iMOW® robot mower has a Bluetooth function and You control and manage the iMOW® robot mower only via this Bluetooth connection, registration for a STIHL Account is not required (only available for iMOW® 5, 6, 7 and iMOW® 5 EVO, 6 EVO, 7 EVO). During the registration process, you must provide certain information about yourself and the entity you represent as prompted by the Account registration form or as required by the Dealer or Installer on your behalf. You represent and warrant that: (a) all required Account information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Mobile Apps does not violate any U.S. applicable law or regulation; and (d) your facility(ies) or your residence(s) where the STIHL Products are located for use of the Mobile Apps is (are) in the U.S.  You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify your Dealer or Installer of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. STIHL is not liable for any loss or damage arising from your failure to comply with the above requirements.

4. Access to Mobile Apps; Certain Limitations and Restrictions; Termination.

Access and Use. Subject to these Terms, STIHL grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Mobile Apps by (i) using the Mobile Apps in connection with, and solely for the purpose of, remotely setting functions and monitoring STIHL Products you own and/or are authorized to  use and monitor (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps only for use on your own Device  or the Device(s) of the entity you represent (e.g., iPhone, iPad, or Android smartphone), for the Permitted Purpose. 

Restricted Activities.  The rights granted to you in these Terms are subject to the following restrictions: You may not (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Mobile Apps; (ii) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Mobile Apps; (iii) access the Mobile Apps in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute republish, download, post, display or transmit any part of the Mobile Apps in any form or by any means; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Mobile Apps, the STIHL Products, or any other system, device or property; (vi) interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Mobile Apps or violate the regulations, policies, or procedures of such networks; (vii) access (or attempt to access) any of the Mobile Apps by means other than through the interface that is provided by STIHL; and (viii) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Mobile Apps.  Any future release, update, or other addition to functionality of the Mobile Apps shall be subject to these Terms.     

Termination, Suspension. These Terms will remain in full force and effect so long as you continue to access or use the Mobile Apps, or until terminated in accordance with the provisions of these Terms.  You may terminate your Account with STIHL (via the Mobile Apps) or use of the Mobile Apps at any time.  STIHL reserves the right, at any time, to modify, suspend, or discontinue the Mobile Apps or any part thereof with or without notice. You agree that STIHL will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Mobile Apps or any part thereof.  The Mobile Apps may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances.  STIHL does not offer any specific uptime guarantee for the Mobile Apps. Upon termination of these Terms and Your use of MY iMOW®, STIHL shall be entitled to a) block your access to MY iMOW®, and b) deactivate the SIM card of the iMOW® robot mower registered for the use of the services.  After access is blocked, You will no longer have access the contents stored in MY iMOW®.  STIHL’s data privacy regulations will continue to be observed, beyond termination.

Use of STIHL Products and Termination of Mobile Apps.  If you transfer a STIHL Product to a new owner, your right to use the Mobile Apps with respect to that STIHL Product automatically terminates, and the new owner will have no right to use the STIHL Product or Mobile Apps under your Account (as described below) and will need to register for a separate Account with STIHL.  Upon termination, your Account and your right to use the Mobile Apps will automatically terminate.

5. Third-Party Products and Mobile Apps. 

General.   STIHL Mobile Apps rely on or interoperate with third party products and services (“Third Party Technology”). The Third Party Technology may include data storage, synchronization, communication through third party providers, and mobile device notifications through mobile operating system vendors and mobile carriers.  You acknowledge that the availability of the Mobile Apps is dependent upon (i) the proper installation, treatment and upkeep of your STIHL Products, (ii) your computer, mobile device, home wiring, home Wi-Fi network, wireless connection, and other related associated equipment (“Associated Equipment”), (ii) your Internet service provider (“ISP”), (iii) your mobile device carrier (“Carrier”), and (iv) the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Play Store from Google (“App Stores”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Mobile Apps. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.  These third party products and services are beyond STIHL’s control, but their operation may impact the use and reliability of the Mobile Apps.    

STIHL IoT Service Portal

In connection with the iMOW® robot mower and MY iMOW®, STIHL operates a digital portal for specialist retail and STIHL support ("STIHL IoT Service Portal"). Qualified specialist retailers as well as STIHL Support can access your iMOW® robot mower to a limited extent via the STIHL IoT Service Portal and, for example, perform support actions in case of a malfunction of the iMOW® robot mower. Dealers' assistance will be provided on the basis of a separate agreement between you and the Dealer.

Third Party Website Links and Referrals. The Mobile Apps may contain links to other web sites (such as Dealer websites) that are operated by third parties (“Third Party Sites”).  Such Third Party Sites are not under STIHL’s control.  STIHL provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites is at your own risk.

Release Regarding Third Parties.  STIHL is not responsible for third parties or their products and Mobile Apps, including Third Party Technology, Associated Equipment, ISPs, Carriers, App Stores, Third Party Sites and Referred Vendors (collectively, “Third Party Products and Services”). STIHL hereby disclaims and you hereby discharge, waive and release STIHL and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and Third Party Products and Services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

Disclaimer.  YOU ACKNOWLEDGE AND AGREE THAT: (I) THE USE AND AVAILABILITY OF THE MOBILE APPS IS DEPENDENT ON THIRD PARTY PRODUCTS AND SERVICES (OTHER THAN THE THIRD PARTY SITES AND THE REFERRED VENDORS WHICH ARE UNRELATED TO THE MOBILE APPS); (II) THE THIRD PARTY PRODUCTS AND SERVICES MAY NOT OPERATE IN A RELIABLE MANNER AND THEY MAY IMPACT THE WAY THAT THE MOBILE APPS OPERATE; (III) STIHL MAKES NO REPRESENTATION OR WARRANTY ABOUT THE OPERATION, USE, SAFETY OR RELIABILITY OF ANY THIRD PARTY PRODUCTS AND SERVICES; AND (IV) STIHL IS NOT RESPONSIBLE FOR DAMAGES AND LOSSES DUE TO THE OPERATION OF THE THIRD PARTY PRODUCTS AND SERVICES OR THE MOBILE APPS, INCLUDING ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE (INCLUDING TO YOUR HOME OR FACILITY), INTERRUPTION OF SERVICE, DOWNTIME, DATA LOSS, OR ANY OTHER HARM OR LOSSES ARISING FROM OR RELATING TO YOUR USE OF ANY OF THE MOBILE APPS OR THIRD PARTY PRODUCTS AND SERVICES. 

6.   Confidentiality and Disclosure of Information.

Your submission of information through the Mobile Apps is governed by our “Privacy Statement,” which is located at the following website: https://www.stihlusa.com/products/imow .  You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly.  The main function of the Mobile Apps is to allow end users to monitor and remotely set functions for their iMOW® lawnmower.  The Mobile Apps will access certain data to enable for setup and remote setting of these lawnmower systems.  The data may include system ID and other sensitive information, all treated in accordance with our Privacy Statement.

7.   Ownership and Intellectual Property.  

STIHL Property.   You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Mobile Apps are owned by STIHL or its affiliates or our licensors.  End users’ possession, access, and use of the Mobile Apps does not transfer to end users or any third party any rights, title, or interest in or to such intellectual property rights.  STIHL and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. The Mobile Apps are licensed to end users, not sold, under these Terms.  End users may not use the content of the Mobile Apps in any other public or commercial way, nor may end users copy or incorporate any of the content of the Mobile Apps into any other work.  You hereby grant STIHL the non-exclusive, worldwide, transferrable, sublicensable, unlimited in content and time, irrevocable right to permanently store, copy, distribute, present, make publicly available, modify, process , analyze, merge with its own data and data of third parties, link, collate into independent new datasets and entrust to third parties all or part of anonymised or non-personal MY iMOW® or iMOW® robot mower data.

8.  Indemnification.

You agree to defend, indemnify and hold STIHL, its affiliates and founding companies, and their respective officers, directors, employees and agents, and its licensors, suppliers and dealers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use and each Authorized User’s use of Mobile Apps, (ii) your or your Authorized Users’ violation of these Terms, (iii) your or your Authorized Users’ violation of any law or the rights of any third party.  STIHL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify STIHL and you agree to cooperate with our defense of such claims.  You agree not to settle any such claim without STIHL’s prior written consent.  STIHL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9.  Warranty Disclaimers.

(a) Disclaimers of Warranties.  

(i)   THE MOBILE APPS ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND STIHL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NONINFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THIS CONTRACT, INCLUDING WITH RESPECT TO THE MOBILE APPS.

(ii) STIHL DOES NOT WARRANT THAT THE MOBILE APPS, THE THIRD PARTY PRODUCTS OR ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILE APPS OR THIRD PARTY PRODUCTS AND SERVICES: (A) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; (C) WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE; (D) WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE; OR (E) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

(iii) STIHL WILL NOT BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE THE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS OR ANY OTHER MATERIALS DUE TO THE YOUR USE OF THE  MOBILE APPS OR THE YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE MOBILE APPS OR THE THIRD PARTY PRODUCTS AND SERVICES.

(iv) NOTWITHSTANDING ANY OTHER PROVISION IN THE TERMS AND WITHOUT LIMITATION OF ANY OF STIHL’S OTHER DISCLAIMERS HEREIN, STIHL WILL NOT BE RESPONSIBLE FOR FAILURE TO PROVIDE ACCESS TO THE MOBILE APPS TO THE EXTENT THAT SUCH FAILURE IS THE RESULT OF THE ACT OR OMISSION OF THE END USER,  INCLUDING TO THE EXTENT THAT ANY MALFUNCTION OF THE MOBILE APPS IS THE RESULT OF MISUSE, ABUSE, VANDALISM, NEGLECT IMPROPER INSTALLATION OR APPLICATION, ALTERATION, ACCIDENT OR NEGLIGENCE IN THE USE, STORAGE, TRANSPORTAION, OR HANDLING OF THE STIHL PRODUCTS OR THE ASSOCIATED EQUIPMENT; 

(v)  EVEN IF THE MOBILE APPS ARE TESTED AND THE STIHL PRODUCTS AND ASSOCIATED EQUIPMENT ARE OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT THE MOBILE APPS WILL NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE MOBILE APPS WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT THE MOBILE APPS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS.

 (b)   Limitations on Liability.  

EXCEPT FOR STIHL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STIHL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH THE MOBILE APPS, INCLUDING:

(i)  LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); 

(ii)  LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; 

(iii)  LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; 

(iv)  ANY PERSONAL OR BODILY INJURY, DEATH, PROPERTY DAMAGE; 

(v)  ANY INTERRUPTION, DELAY, FAILURE, DISRUPTION, DOWNTIME, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF THE MOBILE APPS; 

(vi)  ANY THIRD PARTY PRODUCTS AND SERVICES;

(vii) ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE MOBILE APPS; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; OR

(viii) ANY ERRORS OR OMISSIONS IN ANY CONTENT, FOR USE OF OR EXPOSURE TO ANY CONTENT POSTED, OR IN CONNECTION WITH THE ACCURACY, NON-INFRINGEMENT, LEGALITY, SECURITY OR DECENCY OF CONTENT, WHETHER ACCESSED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPS. 

SUBSECTIONS (i) THROUGH (viii) ABOVE, COVER LOSSES OCCURRRING BY ANY MEANS OR MANNER, AND EVEN IF STIHL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Limitations of Direct Losses. 

STIHL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MOBILE APPS OR THIRD PARTY PRODUCTS AND SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILE APPS OR THIRD PARTY PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOUR SOLE AND EXCLUSIVE REMEDIES SHALL BE TO STOP USING THE MOBILE APPS.   

(d) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MIGHT HAVE ADDITIONAL RIGHTS.

10.  Miscellaneous.

Governing Law and Exclusive Venue.   These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws provisions.

Arbitration. YOU AND STIHL AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, AND/OR THE MOBILE APPS SHALL BE FINAL AND BINDING ARBITRATION.  

You and STIHL agree to submit all disputes between you and STIHL arising out of or relating to the Mobile Apps, the Terms or the Privacy Statement or the alleged breach or interpretation thereof, to binding arbitration, provided that the foregoing shall not prevent STIHL from seeking injunctive relief in a court of competent jurisdiction.  Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, three (3) arbitrators shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes (“Rules of the AAA”). The arbitration will be held in Virginia and will be conducted according to the Rules of the AAA.  These Terms, the Privacy Policy and the arbitration agreement shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions.  The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction.  The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein. 

No Assignment.   These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by STIHL without restriction.  Any attempted assignment by you will be null and void. 

Force Majeure.    Any delay in the availability of the Mobile Apps or non-performance of the Mobile Apps shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of STIHL or its service providers).

Notices.  STIHL may amend any of these Terms at its sole discretion by posting the revised terms on https://info.myimow.stihl.com/en-us. Your continued use of the Mobile Apps after the effective date of the revised Terms and Conditions constitutes your acceptance of the terms. You agree that we may, but are not required, to provide notices to you of changes to these Terms and/or our Privacy Policy, in one or more of the following ways: (a) a pop-up notice, web banner, push notification or other notification on or through Mobile Apps; or (b) an email or regular mail sent to an address you provided.

Customer Support. All questions about the performance of STIHL Products or the Mobile Apps should be directed to the STIHL website at www.stihlusa.com, or you may email STIHL at stihlcs@stihl.us, submit a request via our online Contact Form, or call 1-800-467-8445.