Whistle Labs, Inc. | Whistle FIT General Terms and Conditions
IMPORTANT: YOU (“USER,” “YOU,” OR “YOUR”) MUST READ AND AGREE TO THESE WHISTLE FIT GENERAL TERMS AND CONDITIONS (THIS “AGREEMENT”) BEFORE OPENING OR USING THE WHISTLE FIT (THE “PRODUCT”) IN ANY WAY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU HAVE NO RIGHT TO USE THE PRODUCT, AND YOU MUST, WITHIN THIRTY (30) DAYS OF YOUR RECEIPT OF THE PRODUCT, (A) CONTACT WHISTLE LABS, INC. (“WHISTLE,” “WE,” “US,” “OUR”) AT SUPPORT@WHISTLE.COM AND (B) ARRANGE FOR THE RETURN OF THE PRODUCT TO THE SOURCE FROM WHICH YOU RECEIVED IT.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Whistle on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
You have received a free version of the Product. This Agreement shall govern Whistle’s license to you, and your use of, such free Product. If you purchased the Product, this Agreement does not apply to you and you should refer to Whistle’s Terms of Sale, available at https://www.whistle.com/legal/terms-of-sale/.
You can email email@example.com or call our Customer Experience Center at 844-5-WHISTL (844-594-4785). Current operating hours of our customer experience center are available at www.whistle.com/support.
User shall not: (a) distribute, market, resell, transfer, or otherwise allow any other individual to use the Product; (b) use the Product in connection with any products or services not supplied or provided by Whistle or otherwise approved by Whistle-supplied documentation; (c) remove any proprietary notices, labels, or marks on or in the Product; or (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Product (including, without limitation, the Software), except to the limited extent applicable laws specifically prohibit such restriction.
Third Party Products or Services
Without limiting the restrictions on use, if you choose to use the Product in connection with a product or service provided by a third party, Whistle is not responsible for and does not endorse any third-party product or service. ANY USE OF THIRD PARTY PRODUCTS OR SERVICES IS SOLELY AT YOUR OWN RISK.
Exclusion of Warranties; Liability Limitation
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH YOUR JURISDICTION’S APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHISTLE, ITS MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF WHISTLE, ITS MANUFACTURERS, SERVICE PROVIDERS, LICENSORS OR ANY OF THEIR RESPECTIVE AFFILIATES CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO ONE (1) YEAR AND TO REPAIR OR REPLACEMENT BY WHISTLE IN ITS SOLE DISCRETION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHISTLE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WHISTLE PRODUCT, SOFTWARE OR SERVICE(S) (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE PRODUCT, (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF $1.00, (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF WHISTLE HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
Notwithstanding anything stated herein or otherwise to the contrary, User may not provide to any person or export or re-export or allow the export or re-export of the Product, Services or any Software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing, User acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Product constitutes a representation and warranty that the User is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations.
FCC Compliance Statement
a. THIS DEVICE COMPLIES WITH PART 15 OF THE FCC RULES. OPERATION IS SUBJECT TO THE FOLLOWING TWO CONDITIONS: (1) THIS DEVICE MAY NOT CAUSE HARMFUL INTERFERENCE, AND (2) THIS DEVICE MUST ACCEPT ANY INTERFERENCE RECEIVED, INCLUDING INTERFERENCE THAT MAY CAUSE UNDESIRED OPERATION.
b. NOTE: THIS GRANTEE IS NOT RESPONSIBLE FOR ANY CHANGES OR MODIFICATIONS NOT EXPRESSLY APPROVED BY THE PARTY RESPONSIBLE FOR COMPLIANCE. SUCH MODIFICATIONS COULD VOID THE USER’S AUTHORITY TO OPERATE THE EQUIPMENT.
This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit diﬀerent from that to which receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
IC Radiation Exposure Statement:
This equipment complies with IC RSS-102 radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with minimum distance 20cm between the radiator & your body.
Cet équipement est conforme aux limites d’exposition aux rayonnements IC établies pour un environnement non contrôlé. Cet équipement doit être installé et utilisé avec un minimum de20cm de distance entre la source de rayonnement et votre corps
CAN ICES-3 (B)/NMB-3(B)
FCC Radiation Exposure Statement:
This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with minimum distance 20cm between the radiator & your body. The antenna used for this device must not be co-located or operating in conjunction with any other antenna or transmitter.
IC Compliance Statement
This device complies with Industry Canada licence-exempt RSS standard(s). Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.
Le présent appareil est conforme aux CNR d´Industrie Canada applicables aux appareils radio exempts de licence. L´exploitation est autorisée aux deux conditions suivantes : (1) l´appareil ne doit pas produire de brouillage, et (2) l´utilisateur de l´appareil doit accepter tout brouillage radioélectrique subi, même si le brouillage est susceptible d´en compromettre le fonctionnement