RIDGID® Mobile Application End User License Agreement
This document is currently only available in English. Contact us if you need an alternate language version.
Last Updated: November 2020
This RIDGID Link End User License Agreement (“EULA”) is a contract between you and Ridge Tool Company, an Ohio corporation (“RIDGID” or “we” or “us” or “our”) and applies to the use of the RIDGID Link mobile application (“Software”), which may be used in connection with certain RIDGID brand products featuring wireless connectivity (“RIDGID Connected Tool”), along with any use by your authorized agents, employees, or users that you have permitted to use the RIDGID Connected Tool or RIDGID mobile application (the “Additional Users”).
This EULA is between you and RIDGID, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and RIDGID is solely responsible for the Software, except in situations where you have enabled third party control of your RIDGID product.
THIS EULA CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT INCLUDES: VARIOUS LIMITATIONS ON AND EXCLUSIONS OF OUR LIABILITY TO YOU; YOUR AGREEMENT TO INDEMNIFY US; AND DISPUTE RESOLUTION PROVISIONS THAT GOVERN HOW DISPUTES WILL BE RESOLVED, INCLUDING ARBITRATION AND A CLASS ACTION WAIVER.
BY CLICKING ACCEPT OR BY USING THE SOFTWARE, YOU ARE SIGNIFYING THAT YOU AGREE TO BE BOUND BY THIS EULA. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF AN AUTHORIZED USER, ADDITIONAL USER, A COMPANY OR OTHER LEGAL ENTITY, YOU MUST HAVE THE AUTHORITY TO BIND THAT INDIVIDUAL, ENTITY AND ITS AFFILIATES TO THIS EULA, IN WHICH CASE THE TERMS "YOU" OR "YOUR" IN THIS EULA WILL REFER TO THAT INDIVIDUAL OR ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY PART OF THIS EULA, YOU MUST NOT ACCEPT THIS EULA AND MAY NOT USE THE SOFTWARE. THIS EULA CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND RIDGID.
- SCOPE OF LICENSE
You must be 18 years old to use the Software. You may only use the Software in a manner consistent with this EULA.
- RESTRICTED USE
You may not rent, lease, lend, sell, redistribute, sublicense, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. Any attempt to do so, including any alteration of any proprietary notices, is a violation of the rights of RIDGID and its licensors. If you breach this restriction, you may be subject to prosecution and damages. Information provided is for informational purposes only. The use of this Software for various purposes should not replace appropriate user judgment, as users will have the best understanding of the context in which the Software is being used.
The Software may automatically download and install updates from RIDGID from time to time. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, new or enhanced functions, and completely new versions. If you do not want the Software to be automatically updated, you may be able to set your device settings to prohibit automatic updates.
- INTELLECTUAL PROPERTY RIGHTS
The Software and all information, documents, and materials available on or through the Software are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of RIDGID or its affiliates are and shall remain the exclusive property of RIDGID or its affiliates. Nothing in this EULA shall grant you the right or license to use any of the marks.
In the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, neither RIDGID, nor Apple (if you downloaded the Software to an Apple iOS device) nor Google (if you downloaded the Software to a device with the Android operating system), will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE USE OF THE SOFTWARE IS AT YOUR RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RIDGID HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RIDGID DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCEPTABLE OR RELIABLE, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIDGID OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
If you are using the Software on an Apple iOS device, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you, but Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be RIDGID’s sole responsibility.
RIDGID, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RIDGID HAS BEEN ADVISE OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE; (II) THE USE OR INABILITY TO USE YOUR MOBILE DEVICE AS A RESULT OF THE SOFTWARE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATED TO THE SOFTWARE. RIDGID SHALL ONLY BE RESPONSIBLE FOR INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE, AND IN NO EVENT SHALL RIDGID’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED ($100) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all the exclusions or limitations set out in this EULA may not apply to you, and you may have additional rights.
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS RIDGID AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF THE FOLLOWING USE OF THE SOFTWARE BY YOU AND/OR ANY OF YOUR ADDITIONAL USERS (I) MISUSE OF THE SERVICE; (II) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY COPYRIGHT, PATENT TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM MISUSE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (III) BREACH OF ANY PROVISION OF THIS EULA OR ANY OF THE APPLICABLE RIDGID TERMS OR POLICIES BY YOU OUR ANY OTHER USER OR AUTHORIZED USER; (IV) ACCOUNT ACCESS OR ACTIVITY DUE TO FAILURE TO PROTECT LOG-ON CREDENTIALS; AND (V) ANY CAUSE OF ACTION BY ANY OF YOUR ADDITIONAL USERS, INCLUDING ANY AND ALL ALLEGATIONS, SUITS, CLAIMS AND PROCEEDINGS (INCLUDING REASONABLE ATTORNEYS’ AND PROFESSIONAL FEES) (COLLECTIVELY, “CLAIMS”) AND ALL RELATED DAMAGES INCURRED BY YOU OR RIDGID AS A RESULT OF OR ARISING FROM YOUR ADDITIONAL USER’S BREACH OR ALLEGED BREACH. IT IS UNDERSTOOD AND AGREED THAT YOU THE CUSTOMER ASSUMES FULL LIABILITY FOR A BREACH BY ANY OF YOUR ADDITIONAL USERS OF THIS EULA. IT IS UNDERSTOOD AND AGREED THAT YOU ASSUME FULL LIABILITY FOR A BREACH BY ANY OF YOUR AUTHORIZED USERS OF THIS AGREEMENT AND RIDGID SHALL HAVE NO LIABILITY FOR ANY MISUSE OR ACTION BY ANY AUTHORIZED USER OR ANY OF YOUR AFFILIATES, SUPPLIERS OR AGENTS.
- PRODUCT CLAIMS
RIDGID, and not Apple (if you downloaded the Software to an Apple iOS device) or Google (if you downloaded the Software to a device with the Android operating system), is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You must notify RIDGID if you have, or are aware that any third party has, any such claims. Apple and Google have no responsibility to address any such claims.
- LEGAL COMPLIANCE
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. You may not use the software if you are located in any such country or on any such list. You must not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- PRIVACY StATEMENT
Although you should read through the Privacy Statement for complete information on how we collect, use, share, and secure information, the following provides a summary of some of the most important aspects of our privacy practices:
We may use your Personal Information (defined below) to provide you with the Software, to improve the Software, to make note of your preferences in order to provide you with the best user experience possible, and to market to you by providing information on general announcements, new RIDGID Connected Toolsm Software, capabilities and/or services, offers and promotions regarding partner product and services that may interest you, and upcoming events. To opt out of receiving non-mandatory communications such as marketing communications, please follow the instructions below.
We may share your Personal Information as required or permitted by law. We may also share your Personal Information if we determine, in our sole judgment, that the release of your information may protect the rights, property, or safety of you or another person. We may also share your Personal Information with our partners, service providers, third parties, subsidiaries and affiliated companies to provide you with the Software, to any successive owner of the RIDGID business, and to service providers who provide services on our behalf. We take measures to secure your Personal Information, but we cannot promise, and you should not expect, that your Personal Information will remain secure in all circumstances.
- What Information Do We Collect and How Do We Collect It?
We collect Personal Information, Non-Personal Information, Analytical Information, and Other Information You Provide.
We collect “Personal Information” about you in the circumstances described in this Privacy Statement. By Personal Information, we mean information that can be associated with you or can be used to identify you, such as your name, address, zip code or postal code, company name, job title, phone number, unique hardware ID and email address.
To enable us to provide the Software support, we will ask you to provide certain Personal Information when you create an account, access the Software portal, or download the Software, as either an owner of a or as an additional user or authorized controller, granted access by or through the owner of the RIDGID Connected Tool , regardless of whether specifically authorized by the owner (“Additional User”). If you allow or authorize an Additional User to access your account, the Additional User may control and view your Personal Information, devices and content. Note that your invited users may add Additional Users who all, collectively, will be associated with your account. RIDGID is not responsible for the actions of your Additional Users.
We may also collect other Personal Information when you provide it to us voluntarily, such as by filling out a form or survey; by registering an account and e-mail address with us; mobile device; by e-mailing us; by posting information on the Software portal; posting on social properties; or by contacting support. If you choose not submit Personal Information or location-based automation information, we may not be able to provide you with the full value of the Software or RIDGID Connected Tool capabilities. We may also collect other information with your consent or as permitted or required by law.
If location-based services are enabled in your account, you will be authorizing the sharing of your location data from your RIDGID Connected Tool and from the devices of your Additional Users. This data will be processed and pooled with other product data to enhance your Software and RIDGID Connected Tool experience.
- System Information.
As part of the Software, we may collect information, including but not limited to information about settings, and how you control the RIDGID Connected Tool. This includes details about the RIDGID Connected Tool t which is collected in conjunction with setting up the Software. Some of the data we collect is relatively static, such as data about the RIDGID Connected Tool and use data but other data is more dynamic, like information about abnormal device functioning. We collect this data directly from the Software and transmit it through your network and/or Internet services. Monitoring may continue until you disconnect the RIDGID Connected Tool and delete the Software.
- Information Collected Through Cookies.
We may also use tracking software, such as cookies, web beacons, pixel tags, and similar technologies to automatically collect information about your computer or device hardware and software, and your use of the mobile application, portal and/or website. This information may include details about your visits to our website or use of the Software and RIDGID Connected Tool, the resources you access, date and time stamps, IP addresses, referring website addresses, application activity logs and error logs, and information about your use of ourSoftware and the RIDGID Connected Tool . We use these technologies to collect information about the pages you view, the links you click and other actions you take with the Products. We use this information to operate the Software, to provide general statistics regarding use of the Software and the RIDGID Connected Tool, and to target ads to you and measure their effectiveness. Our Site is not currently configured to respond to Do Not Track signals, but you may opt out of receiving personalized ads from third party advertisers and ad networks, who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioral Advertising, by visiting the opt-out pages on the NAI website and DAA website. You may also adjust your browser settings to accept or deny all cookies, or to request your permission each time a site attempts to set a cookie. Although cookies are not required for some parts of the Software, not all of the Software may work properly if you disable cookies entirely.
Instructions for blocking or allowing cookies in common internet browsers are provided at the following links for your convenience. However, we are not in control of the location of the instructions and information provided by the following browsers and, therefore, you may have to locate the particular instructions and information for the respective browser if these links are no longer current (Internet Explorer 7 and 8, Firefox, Google Chrome, Apple Safari, AboutCookies.org).
- Why Do We Collect This Information and How Do We Use It?
We collect and use your information to provide Software to you, and to operate and improve the RIDGID Connected Tool. These uses include providing you with the products you request; processing payments and collecting amounts owing to us if applicable; providing you with more effective customer service; providing technical support; making the Software easier to use; offering you partner product and services; and performing research and analysis aimed at improving our products, services and/or technologies. We may send certain mandatory service communications such as welcome letters, alerts about the Software and RIDGID Connected Tool system, information on technical service issues, and security announcements by e-mail, through the Software or by text message. You may not opt out of receiving these mandatory communications. We may also provide you with information on current activities, general announcements, upcoming products and services, changes to our products or services, and upcoming events. STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR INTERNET AND/OR MOBILE PHONE CARRIER. These communications may be sent by e-mail, text message, or within the Software. We may also use your information to conduct research, analysis, or studies for our own purposes. Specifically, when we collect information about the market, we may de-identify this data and aggregate it with the data from other users and use this for future analysis. We may sell or publish this aggregated, anonymized data. We may also use your information for other purposes with your consent or as permitted or required by law.
- How Do We Protect Your Personal Information
We take measures to protect your Personal Information from unauthorized access, use, or disclosure. We also use security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. While we will use such efforts, we cannot ensure the security of your Personal Information. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE ASSUME NO LIABILITY FOR ANY DISCLOSURE OF DATA DUE TO ERRORS IN TRANSMISSION, AUTHORIZED OR UNAUTHORIZED THIRD PARTY ACCESS OR OTHER ACTS OF THIRD PARTIES, OR ACTS OR OMISSIONS BEYOND OUR CONTROL.
- How May We Share Your Information with Third Parties?
We share your Personal Information with companies, organizations and individuals outside of RIDGID as described below.
- Affiliates and Third Parties. We may share your Personal Information with RIDGID’s affiliates and partners in order for these companies to contact you about their products, services or other offerings that may be of interest to you. Our website or our e-mails may link to third parties’ websites, or the websites of RIDGID distributors. It is also possible that the websites or e-mails of third parties may link to our website. By accessing our websites, registering for an account or service with us, or otherwise providing us with your Personal Information, you consent to this transfer of your Personal Information as provided in this Privacy Statement. To choose to opt out of such disclosures, please call us at 1-800-474-3443or email [email protected]. This Privacy Statement does not govern unaffiliated third-party websites or any other website that does not link to this Privacy Statement. If you sign up for additional products or services through us that are provided by third parties, or in which third parties are involved, we may share your Personal Information with those third parties as necessary to provide those products or services to you. If you or your Additional Users authorize the control of the Product by a third party application, provider, software or other offering we do not and cannot control or be responsible for how the third party uses your Personal Information or any other information collected by the third party. We are not responsible for the content or the privacy practices employed by third parties. We encourage you to read the privacy policies of third parties before transmitting any Personal Information to them. We do not knowingly allow third parties to collect Personal Information about you through our Software , though we may share information we have collected as provided for in this Privacy Statement. If you post a comment to our website, forum, blogs, message boards, or social networking site, you acknowledge that the information that you choose to post, including any Personal Information that you choose to post, may be available generally to the public.
- Service Providers. We may share your Personal Information with affiliated and unaffiliated companies that perform tasks on our behalf related to our business, as necessary to provide you with the Software, or information you have requested or require. Such tasks include processing payments, fulfilling orders, delivering packages, locational services, analyzing website or mobile application usage data, website hosting, customer service and technical support (note that all calls may be recorded for quality assurance and training purposes, as well as record keeping purposes), electronic and postal mail service, contests/surveys/sweepstakes administration, marketing services, social commerce and media services (e.g., Facebook, ratings, reviews, forums), and calculating, managing and reporting sales tax. In our efforts to provide the best quality service and experience to you, we may hire third-party service providers (including our affiliates, which are companies controlled by, under common control with, or controlling RIDGID) to receive your Personal Information as necessary to perform their role, and we instruct them not to use your Personal Information for any other purposes. Our service providers will be permitted to obtain or have access to only the Personal Information they need to deliver the Software. They are required to maintain the confidentiality of the information, take measures to protect it, and are prohibited from using it for any purpose other than for delivering the Software to us in accordance with our instructions and policies. Some of our servers and service providers, including our affiliates, may be located outside of the United States of America and we may share your information with them for the purposes described above, including to provide technical support. The laws and privacy protections, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using the Software in a region or country with laws governing data collection and use that differ from United States law, you consent to the transfer of your personal data to the United States and other countries where we, or our service providers, operate. Your information will be subject to the laws of the country in which our service providers are located, which laws may permit law enforcement, government and national security authorities to have access to your information in certain circumstances.
- As Required or Appropriate by Law. We will use and disclose your Personal Information as necessary or appropriate, including without limitation: Under applicable law, including laws outside your country of residence, to comply with legal processes and to respond to requests from public and government authorities, including public and government authorities outside your country of residence; To enforce our terms and conditions, including investigations of potential violations thereof; To detect, prevent or otherwise address fraud, security or technical issues; To protect our operations or those of any of our affiliates; to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and to allow us to pursue available remedies or limit the damages that we may sustain.
- Business Transfers. As we continue to develop our business, we might sell or buy brands, stores, subsidiaries or business units. We may share and/or transfer your Personal Information with a third party in such transactions (including without limitation, any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets). Customer information generally is one of the transferred business assets, but remains subject to any preexisting applicable Privacy Statement.
- Based on Your Consent. We may share or disclose your Personal Information at your direction. We may share aggregated data that has been anonymized (so that you are not identified) with third parties – like publishers, advertisers or connected websites – and may make this data publicly available. For example, we may share information publicly to show trends about the general use of our services or products.
We may freely assign our rights and obligations under this Agreement in our sole discretion, without notice to you. This Agreement may not be assigned or transferred by you without the prior written consent of RIDGID.
- Privacy Statement Updates
As we continue to improve our Services and expand our Software offerings, we may change this Privacy Statement from time to time. If there are changes or additions to this Privacy Statement, we will post those changes on the website or by contacting you. Each version of this Privacy Statement will be identified at the top of the page by its effective date. Continued use of the Software and RIDGID Connected Tool after such changes to this Privacy Statement, will indicate your consent to the revisions.
- Do Not Track Signals
Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time, we do not modify your experience based upon whether such a signal is broadcast.
In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, our Product does not permit children under 13 years of age to become users, and we do not intentionally collect information from children. By using our website, you represent that you are 13 years of age or older.
- California Residents
Under California Civil Code sections 1798.83, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the address below.
- Canadian Residents
The file containing your Personal Information and Software information will be electronically maintained on our servers or the servers of our service providers, who may be located outside of Canada. Our authorized employees, agents and mandataries who require access to your Personal Information and Software information to perform their job functions, will have access to this information. To request access to, or correction of, your Personal Information, or if you have any questions or concerns about how we handle your Personal Information, please write to us at the address below.
- How Do We Communicate With You?
You may “opt-out” of receiving certain electronic communications (e.g., emails or texts) or mailings by following the instructions in those communications or mailings, but you may not opt out of the mandatory communications related to your use of the Product and monitoring may continue until you properly disconnect the Products are able to be cancelled or terminated. If we need to contact you concerning any event that involves your information, we may do so by e-mail, telephone, text, or mail.
Email: [email protected]
Attention: Attention RIDGID Data Privacy Coordinator
The Ridge Tool Company.
400 Clark Street
Elyria, Ohio 44035-6001
Additionally, all information we collect through or in connection with this Software and the use of RIDGID Connected Tools is also subject to our Privacy Notice found at https://www.emerson.com/en-us/privacy-notice. Please note that the Privacy Notice applies subject to requirements of local law. In the event of a conflict between the Privacy Notice and applicable data protection laws, the stricter obligation applies.
The license is effective until properly terminated by you, the owner, purchaser and/or controller of the RIDGID software, or RIDGID. You may terminate at any time by permanently deleting all copies of the Software. Your rights under this license will terminate automatically without notice from the RIDGID if you fail to comply with any term of this EULA or the Terms of Service. Upon termination of the license, you shall cease all use of the Software and permanently delete all copies, full or partial, of the Software.
The license is effective until properly terminated by you, the owner, purchaser and/or controller of the RIDGID product, or RIDGID. You may terminate at any time by permanently deleting all copies of the Software. Your rights under this license will terminate automatically without notice from the RIDGID if you fail to comply with any term of this EULA or the Terms of Service. Upon termination of the license, you shall cease all use of the Software and permanently delete all copies, full or partial, of the Software.
- THIRD PARTY TERMS AND BENEFICIARIES
You must comply with all applicable third party terms of agreement when using the Software. If you are using the Software on an Apple iOS device or on a Google Android device, Apple and Apple’s subsidiaries and Google and Google’s subsidiaries, are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof. RIDGID affiliates are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, RIDGID affiliates will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
Your rights and obligations under this EULA are not assignable. RIDGID may freely assign our rights and obligations under this EULA in it sole discretion, without notice to you. This EULA shall bind and inure to the benefit of the parties and their successors and permitted assigns. Both parties are acting as independent contractors with respect to the activities hereunder.
The Software will communicate information using the wireless capabilities of your device. STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR INTERNET AND/OR MOBILE PHONE CARRIER.
This EULA and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this EULA, and they replace any and all prior written or verbal agreements. If any portion of this EULA is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If RIDGID fails to insist upon or enforce strict performance of any provision of this EULA, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this EULA.
- DISPUTE RESOLUTION
The terms of this section entitled “Dispute Resolution” will apply to all disputes that may arise out of, are connected with or relate to this EULA or the Software, subject only to the following two exceptions: (1) if RIDGID reasonably believes that you or any of your Additional Users have in any manner acted or failed to act in any manner that may cause harm to RIDGID or any third party, RIDGID may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court but subject to the informal resolution below. The validity, interpretation and performance of this EULA shall be governed by and construed in accordance with the laws of Ohio. Furthermore, in no event will the terms of this section limit RIDGID’s ability to investigate complaints or reported violations of this EULA or to take any action RIDGID deems necessary and appropriate to mitigate actions against RIDGID, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
- Informal Resolution. If you have any dispute with RIDGID or any related third party, arising out of, relating to, or connected with the Software, you agree to contact RIDGID, at the address noted below; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give RIDGID thirty (30) days within which to resolve the dispute to your satisfaction. If RIDGID does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below or in small claims court as described above.
- Class Action Waiver. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS EULA; ARBITRATION CAN THUS DECIDE ONLY YOUR INDIVIDUAL CLAIMS; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
- Arbitration Agreement. Any claims by RIDGID, or claims by you that are not resolved by the informal resolution procedure or in small claims court as provided above, arising out of, relating to, or connected with this EULA or this Software must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). This EULA and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 USC §1, et. seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for you), or at such other location as may be mutually agreed by the you and RIDGID. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your dispute(s): (1) the arbitrator, and not any federal, state, provincial or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this EULA including any claim that all or any part of this EULA is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals; (3) the arbitrator's decision shall be controlled by the terms and conditions of this EULA and any of the other agreements referenced herein that you may have entered into in connection with the Services; (4) the arbitrator shall apply Ohio law consistent with the AAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against you or RIDGID; (6) in the event that the administrative fees and deposits that must be paid to initiate arbitration against RIDGID exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and you are unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, RIDGID agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, RIDGID will pay as much of the your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (7) with the exception of subpart (3) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (3) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor RIDGID shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org.
- MAINTENANCE AND SUPPORT
Please contact us at the information below for customer support. RIDGID is solely responsible for providing maintenance and support services for the Software. Third party operating system providers such as Apple and Google have no obligation to provide maintenance or support services for the Software.
If you have questions, complaints or claims with respect to the Software, you can contact RIDGID at:
Phone: +1.314.679.8984 or 1-800-4-RIDGID (1-800-474-3443)
Email: [email protected]
Attention: Attention RIDGID Data Privacy Coordinator
The Ridge Tool Company.
400 Clark Street
Elyria, Ohio 44035-6001
RIDGID Mobile Application Consent Scope
The Ridge Tool Company ("We"/"Us"/”RIDGID”) intends to collect information about your device, your use of the RIDGID mobile application (“Software”), your use of related RIDGID apps (the “Related RIDGID Apps”), the RIDGID product (the “Connected Tool(s)”) that either the Software or Related RIDGID Apps have interacted or interfaced with, for the purposes of analytics, marketing and providing location-based services (the “Consent Scope”). This Consent Scope describes how we collect, process and use your personal data for these purposes.
1. Data Categories
We intend to collect the following data from you via the app:
|1.1.||Information relating to the manner or frequency of your use of Connected Tools , mobile applications, and interconnected RIDGID apps and products. This includes details about the RIDGID product, as well as data that we collect as part of our services:
|1.2.||"Dynamic" information about:
2. Collection, Processing and Use of Personal Data
Your personal data are collected, processed and used on the basis of your consent only for the following purposes:
|2.1.||Analytics: When you use this software and/or RIDGID Connected Tools, we automatically collect, process and use the personal in order for us to continually improve your experience with our software and to target marketing and advertising to you.|
|2.2.||Marketing: We may use your personal data to determine what products may be of interest to you, to provide you with marketing communications (unless you have opted out of such communications) and to conduct market research. We may also use information you provide us, including your industry, whether you own our product, experience with our products, and user-generated content, for these marketing purposes.|
|2.3.||Location-Based Services: We may use your current location, provided address and/or zip code to provide you the location of service centers and retailer, marketing, analytics or other appropriate information.|
The processing of your personal data for direct marketing purposes (e.g. email), is subject to your consent by means of a separate Ridge Tool Company Consent for Direct Marketing available in the RIDGID Mailing List Opt-In email.
The processing of your personal data for the aforementioned purposes involves automated individual decision making, including profiling (i.e. the use of scoring technologies to measure and evaluate your interests based on the data received from your terminal device on which the software is installed). The personal data we collect may be transferred to another country or world area and processed and/or used by staff that work for us or one of our subsidiaries, affiliates, or third-party service providers.