By accessing InfoHub, you represent to Briggs & Stratton Corporation (“Briggs & Stratton”) that you are at least eighteen (18) years old (or the age of majority in the jurisdiction in which you reside) and that you have the authority to accept these Terms.
By clicking on “Accept” when you sign into your InfoHub account, you acknowledge that you have read, understand and agree to comply with these Terms and that you are entering into a binding contract with Briggs & Stratton. If you do not agree to these Terms, you may not access or use InfoHub.
DESCRIPTION OF INFOHUB™
InfoHub is a software subscription service we offer for use by power equipment owners and operators (“Service”). The Service requires the pairing of power equipment and an internet connected device working together (“Equipment”). The Service allows authorized users to collect, use, analyze and store comprehensive data about the Equipment they own or operate. The Service may give you access to various types of information about your power equipment, such as billing, power equipment route scheduling and optimization, equipment status and location, maintenance, hours of operation, utilization, conditions, operator locations, battery voltage levels, automated quotations, and equipment connectivity status on a site-by-site basis. You may create custom reports and track your productivity on a real-time basis using the Service. The Service includes analytic information about your use of the Equipment.
The Service may include connectivity to allow the Equipment to communicate using the Internet.
To use the Service, you must first create a user account.
- Creating an Account. When you create a user account, you agree to provide truthful information and to keep the information current. You need to provide the equipment serial numbers when you create your account.
- Passwords. After creation of the Primary Account, the Primary Account holder must arrange for the secondary account users to create their own user name and password information. All users must keep their own user name and password strictly confidential and not share that information with any third party.
SCOPE OF USER REQUIREMENTS
- You may only use the Service for your personal or business purposes.
- You may not use the Service to develop a competitive product or service or to build a product or service using similar ideas, features, functions or graphics of the Service and the Content (as defined below).
- You may not access or use the Service in violation of any applicable laws, rules or regulations.
- You may not rent, resell, time-share, transfer, loan, lease, license, sub-license, distribute, assign or otherwise permit third parties to access, view or use all or any of the Service or the Content. You may not include the Service or Content in a service bureau or outsourcing offering.
- You may only use the Service or Content within the scope of your contractual rights under this Agreement.
- You may not remove any patent, copyright, trademark or other notices of intellectual property rights from the Service.
- YOU MUST USE PROPER SAFETY MEASURES WHEN YOU OPERATE OR USE THE EQUIPMENT IN CONJUNCTION WITH THE SERVICE. YOU MUST REPAIR AND MAINTAIN THE EQUIPMENT IN ACCORDANCE WITH THE RELEVANT OPERATOR’S MANUAL. FAILURE TO DO SO MAY RESULT IN DAMAGE TO THE EQUIPMENT, PROPERTY DAMAGE, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH. YOU ACCESS AND USE THE SERVICE IN CONNECTION WITH YOUR EQUIPMENT AT YOUR OWN RISK AND SHOULD ONLY USE THE EQUIPMENT WHEN YOU CAN SAFELY OPERATE THE EQUIPMENT.
- YOU MUST COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS WHEN YOU USE THE EQUIPMENT WHETHER OR NOT IN CONJUNCTION WITH THE SERVICE.
- THE SERVICE IS NOT INTENDED TO PREVENT OR AVOID ANY HAZARD OR RISK.
- IF YOUR USE OF THE SERVICE RESULTS IN THE NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME ALL COSTS OF SUCH ACTIVITIES.
- The Service is only available in the United States, its territories and possessions.
- The Service is only available if your internet, wireless connection, or mobile connection (“Connection”) is working properly and when that Connection is technically compatible with the Equipment. You are responsible to pay for and maintain reliable internet connectivity for any electronic device you use to connect to the Service.
- If you use the Equipment in a location where only a weak Connection is available, your use of the Service may be delayed or interrupted. If you use the Equipment in a location out of range of a Connection, you may be unable to access the Service.
- In certain instances, the Service will be subject to limitations, interruptions and restrictions outside of the control of Briggs & Stratton, including, but not limited to, lack of internet availability, lack of wireless network capabilities, cellular connectivity issues, environmental, weather or atmospheric conditions, cybersecurity attacks, or other issues related to the location of the Equipment.
- The information collected from use of the Equipment will only work in conjunction with the Service if GPS satellite signals are unobstructed, available in that location, and compatible with your Equipment.
- The Equipment will capture and store some Connected Data and Location Data even if you are not within cellular range. If the battery dies on your Equipment, you have a short period of time before you will lose the Connected Data stored in the Equipment.
- Electrical noise from the Equipment or the location of the Equipment in proximity to other equipment (such as proximity to transformers) may cause interference with the Equipment.
- The Equipment may be unable to collect data and you may be unable to transfer data to the Service if you do not maintain the Equipment in good working order, or if you attempt to alter or modify the Equipment.
ACCURACY OF CONTENT
Briggs & Stratton uses reasonable care when creating and providing the benchmarking data contained within the Service. The Service may contain inaccurate data, whether due to the age of data, or an error or omission. The Service is designed to maximize the functionality of the Equipment. 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 Service or the results obtained from using the Service in connection with the Equipment.
OWNERSHIP OF SERVICE AND CONTENT
- Briggs & Stratton or its licensors own the Service, including, but not limited to, the software, the platform, the look and feel of the platform, and the Content.
- Briggs & Stratton or its licensors own any compilations, images, photography, graphics, artwork, text and other information and material found within the Service (“Content”).
- You may copy, download, import or export the InfoHub Data (defined below) using the tools provided in the Service.
- The Service and the Content are protected by certain patent, copyright, trademark, trade secret or other intellectual property laws. All rights not expressly granted to you in these Terms are reserved and retained by Briggs & Stratton or its licensors.
- You may not reverse engineer the Service or the Content. Unauthorized use of the Service, the Content or the InfoHub Data may violate applicable laws, including, but not limited to, intellectual property laws or data privacy laws.
- You may not incorporate any portion of the Service or the Content into other programs, compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Service or the Content in whole or in part.
DATA SECURITY AND PRIVACY AND OWNERSHIP OF INFOHUB DATA
- Briggs & Stratton aggregate and anonymize the InfoHub Data for its business purposes so that the data cannot be traced to an individual or a device. Briggs & Stratton will own all such aggregate and anonymized data.
When accessing and using the Service, you shall not:
- Disable, overburden, damage or impair the Service, or its functionality, or interfere with any other party’s access to or use of the Service;
- Use any automatic device, process or means to access the Service or the Content for any purpose, including monitoring or copying any Content;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service or the Content or any server, computer or database connected to the Service;
- Use any device, software or routine that interferes or attempts to interfere with the proper functionality of the Service or which corrupts, alters, damages or deletes the Content;
- Provide or introduce any virus, Trojan horse, malware, worm, ransomware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, equipment or Content, or InfoHub Data associated with the Service (“Malware”);
- Impose an unreasonable or disproportionately large load on our computer system, including, but not limited to, sending spam or unsolicited mass email, or otherwise attempt to interfere with the proper functioning of the Service or the Content;
- Use the Service in violation of these Terms or the copyright, trademark, trade secret, privacy or other rights of any third party, or for any other unauthorized or illegal purpose or in a way that is infringing on or violation the privacy, intellectual property or other rights of any third party; upload, post, store, email, hack or otherwise send or transmit any material using the Service that is offensive, obscene, scandalous, libelous, discriminatory, contains hate speech, or contains Malware;
- Attempt to or copy, reproduce, download modify, make, reverse engineer, decompile, disassemble, have made, sell, resell, market, or create derivatives from the Service, the Content or the InfoHub Data; and
- Allow non-authorized persons to access or use the Service, the Content or the InfoHub Data.
The terms “Briggs,” “Briggs & Stratton,” the Briggs & Stratton logo, InfoHub™ and all related names, logos, equipment and service names, designs and slogans, whether registered or unregistered (collectively, “Marks”), are trademarks of Briggs & Stratton or its subsidiaries, affiliates or licensors. You must not use or display such Marks without the prior written permission of Briggs & Stratton.
SALE OR TRANSFER OF THE EQUIPMENT
You must notify us if you sell or transfer ownership of your Equipment. Any new owner must create a new registration in order to access and use the Service in connection with the Equipment and is responsible for entering into a new subscription agreement to use the Service.
RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE SERVICE
If you unsubscribe from the Service or we terminate your access for non-payment or breach of the subscription agreement or these Terms, you will have forty-five (45) days to retrieve your InfoHub Data. It is your obligation to download your InfoHub Data during that forty-five (45) day time period. If we terminate your access to the Service for your non-payment, you must bring your account current prior to downloading the InfoHub Data.
In addition, we reserve the right to discontinue offering the Service at any time, in our sole discretion.
BRIGGS & STRATTON PROVIDES THE SERVICE AND THE CONTENT ON AN AS-IS AND "AS AVAILABLE" BASIS. BRIGGS & STRATTON EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES RELATED TO THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW. BRIGGS & STRATTON MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE UNINTERRUPTED OR ERROR-FREE, AND NO WARRANTY THAT ANY DEFECTS IN THE SERVICE OR CONTENT WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS OR AVAILABILITY OF THE SERVICE OR THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE SERVICE OR THE CONTENT.IF YOU ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR SUBSCRIPTION AND CEASE USING THE SERVICE.
BRIGGS & STRATTON MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE UNINTERRUPTED OR ERROR-FREE, AND NO WARRANTY THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS OR AVAILABILITY OF THE SERVICE OR THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE SERVICE OR THE CONTENT.
YOUR EXCLUSIVE REMEDY FOR ISSUES RELATED TO THE OPERATION OF THE SERVICE IS TO STOP USING THE SERVICE. UNDER CERTAIN PROVISIONS OF STATE AND FEDERAL LAW, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
RISKS OF INTERNET USAGE
YOU UNDERSTAND THAT WE CANNOT, AND DO NOT, GUARANTEE OR WARRANT THAT THE CONTENT OR THE SERVICE WILL BE FREE OF VIRUSES OR MALWARE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND DATA PROTECTION, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR ANY RECONSTRUCTION OF ANY LOST DATA. YOUR DATA MAY BE INTERCEPTED AND YOUR ,DATA COULD BE MISUSED.
LIMITATION OF LIABILITY
CONSEQUENTIAL DAMAGES EXCLUSION
IN NO EVENT WILL BRIGGS & STRATTON, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, AND ITS SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES; (B) LOST PROFITS, LOST DATA , LOST REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE, OR BUSINESS INTERRUPTION,OR (C) EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:
(1) YOUR USE, INABILITY TO USE OR THE RESULTS OF THE USE OF THE SERVICE, THE CONTENT, THE EQUIPMENT, OR THE INFOHUB DATA;
(2) THE RESULTS OF YOUR USE OF THE SERVICE, THE CONTENT, THE EQUIPMENT OR THE INFOHUB DATA;
(3) A DATA SECURITY OR PRIVACY BREACH RELATED TO THE SERVICE, THE CONTENT, THE EQUIPMENT OR THE INFOHUB DATA;
(4) LOST, CORRUPTED OR COMPROMISED DATA RELATED TO YOUR ACCOUNT OR YOUR USE OF THE SERVICE;
(5) LOSS OF ENJOYMENT OF THE SERVICE, THE CONTENT OR EQUIPMENT OR BUSINESS INTERRUPTION;
(6) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, THE SERVICE, THE CONTENT OR THE INFOHUB DATA;
(7) ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, THE SERVICE;
THIS LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES EXCLUSION WILL APPLY WHETHER A CLAIM IS BASED UPON A BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR BRIGGS & STRATTON HAS 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 SERVICE, EVEN IF CAUSED BY OUR NEGLIGENCE.
You agree to defend, indemnify and hold harmless Briggs & Stratton, its subsidiaries, affiliates, licensors, officers, directors, employees, contractors, agents and suppliers, and its successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, your use of the Service, the Content or the InfoHub Data, including, but not limited to, claims that arise from a data privacy or security breach.
These Terms are governed by the laws of the State of Wisconsin, without reference to its conflict of laws principles. Briggs & Stratton makes no representation that the Service or Content is appropriate or available for use outside the United States, and access to the Service from territories where its contents are illegal is prohibited.
DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES REGARDING THE SERVICE
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 Briggs & Stratton 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 Milwaukee, Wisconsin, 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 Equipment 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. We 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 fourteen (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, 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 thirty (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
THIRD PARTY PAYMENT PROCESSOR
When you purchase a subscription to use the Service and make recurring payments, you are directed to a third-party portal (“Payment Portal”) to make such payments that is controlled by Zuora, Inc. a third-party payment processor (“Payment Processor”). When you make payments through the Payment Portal, you are subject to the Payment Processor’s terms, conditions and data collection practices (“Payment Processor Terms”), not these Terms. https://zuora.com.
Any financial information, such as your credit card number and other credit card information necessary to make a purchase, is collected directly by the Payment Processor. Briggs & Stratton does not receive your credit card information or other financial information when you make a purchase through the Payment Portal. Briggs & Stratton may receive certain Personal Information necessary to finalize orders such as your name, address, phone number and email address.
COMPLIANCE WITH EXPORT LAWS
You may not use or otherwise export or re‑export the Service, 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 Service 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.
No waiver by us of any term or condition set forth in these Terms shall be deemed a waiver of such term or condition, or any other term or condition, and any failure of Briggs & Stratton to assert a right under these Terms shall not constitute a waiver of such right. If any provision of these Terms 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 will continue in full force and effect.
CHANGES AND UPDATES TO THESE TERMS
If we make changes to the software embedded into the Equipment, you will be required to accept those updates.
INFORMATION OR COMPLAINTS
For all questions and notices about the Service, please contact our Customer Service Team at 1-833-INFOHUB (1-833-463-6482).
Last Modified / Effective Date: February 1, 2018