Whistle Labs, Inc. | Terms of Sale
IMPORTANT: YOU MUST READ AND AGREE TO THESE WHISTLE PRODUCT TERMS OF SALE (THIS “AGREEMENT”) BEFORE OPENING OR USING ANY WHISTLE-BRANDED DEVICE, INCLUDING, BUT NOT LIMITED TO, WHISTLE GPS, WHISTLE ACTIVITY MONITOR, AND WHISTLE 3 (COLLECTIVELY, THE “PRODUCT”) IN ANY WAY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, 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 AND REFUND FOR THIS PRODUCT DIRECTLY FROM THE SOURCE FROM WHICH YOU PURCHASED IT. WHISTLE WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO ASSIST YOU WITH RETURNS AND REFUNDS. IF YOU WISH TO RETURN THIS PRODUCT BECAUSE YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, SUCH RETURNS WILL ONLY BE ACCEPTED BY THE PURCHASE SOURCE IF THE PRODUCT IS IN ITS ORIGINAL PACKAGING.
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.
Money Back Guarantees
Refund policies vary for specific Whistle Products. Please see below for product-specific policies:
- 30-Day Money Back Guarantee (Whistle GPS and Whistle Activity Monitor): If at any time within 30 days of purchasing your Whistle GPS or Whistle Activity Monitor you are not completely satisfied, you may return it to us for a refund. This guarantee applies only to orders made through Whistle’s webstore at whistle.com and only to fees paid for Whistle devices. The guarantee does not apply to funds paid for any used subscription to the Whistle tracking services, however, a pro-rated refund will be issued for any unused months remaining in the subscription period which were pre-paid for under a 1-year or 2-year plan. To request a refund for your device, simply contact Whistle Support within 30 days of your purchase day to request a full refund. Whistle Support will provide you with a Return Merchandise Authorization (“RMA”) for your return. After receiving your RMA, package your Whistle product and send it to our warehouse, following the instructions provided. About 2 weeks after we receive your Whistle product, we will process a refund using your original method of payment.
- 90-Day Money Back Guarantee (Whistle 3): If at any time within 90 days of purchasing your Whistle 3 you are not completely satisfied, you may return it to us for a refund. Please note the 90-day guarantee applies only to the Whistle 3. It does not apply to any other Whistle products. In addition, this guarantee applies only to orders made through Whistle’s webstore at whistle.com and only to fees paid for your Whistle 3. The guarantee does not apply to funds paid for any used subscription to the Whistle tracking services, however, a pro-rated refund will be issued for any unused months remaining in the subscription period which were pre-paid for under a 1-year or 2-year plan. To request a refund for your Whistle 3, simply contact Whistle Support within 90 days of your purchase day to request a full refund. Whistle Support will provide you with a Return Merchandise Authorization (“RMA”) for your return. Make sure to indicate you are requesting to return a Whistle 3. After receiving your RMA, package your Whistle 3 and send it to our warehouse, following the instructions provided. About 2 weeks after we receive your Whistle 3, we will process a refund using your original method of payment.
Please note that to qualify for a refund, all of the following conditions must be met:
- Returned products must be packed in their original packaging including all accessories that shipped with the Product, and must be undamaged and in good working condition.
- An RMA must be requested from our customer service team within 30 (for Whistle GPS or Whistle Activity Monitor) or 90 days (for Whistle 3) of your purchase date and the Product must be received by Whistle within 14 days after issuance of the RMA.
- Shipping and handling charges and taxes paid (e.g., state, customs, VAT) are not refundable.
- Customers are responsible for shipping charges and shall assume all risk of loss or damage to the Product while in transit to Whistle. We recommend that you use a tracking services for your protection.
Please do not send us the Product before requesting a return, as this may delay you getting your refund. Make sure you ship the Product to us immediately, as we must receive it within 14 days of the return authorization date to process the refund. Associated shipping fees are not eligible for a refund under our Money-Back Guarantee policies. If the Product is damaged due to reasons that are not covered by our warranty, it is also not eligible for a refund.
You can email firstname.lastname@example.org 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.support.whistle.com.
User shall not: (a) distribute, market, resell, transfer, or 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
While You may 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 AND MAY VOID THE LIMITED PRODUCT WARRANTY.
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 (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 THE PRICE PAID BY USER FOR THE PRODUCT (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. SOME STATES, COUNTRIES AND OTHER GOVERNMENTAL AUTHORITIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER. NOTE THAT THE LIMITATIONS IN THIS “LIMITATION OF LIABILITY” SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
Notwithstanding anything stated herein or otherwise, 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.
Updated Date: February 16, 2017