STIHLusa.com Legal Terms and Conditions
This page states the Terms and Conditions and Community Guidelines under which You, the website visitor ("You") may use this website, which is owned by STIHL Incorporated ("STIHL"), as well as all other STIHL Websites operated and owned by STIHL, including without limitation, www.stihlusa.com, www.stihlcareers.com, any STIHL Dealer website accessed through www.stihldealer.net or www.stihldealers.com (the dealer locator), or any STIHL mobile applications You may download (“App”) (collectively, the “STIHL Websites”). These Terms and Conditions govern Your use of these STIHL Websites, and any purchases of STIHL products (the “Products”) made over the STIHL Websites. Please read this page carefully. By using this website, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use the STIHL Websites. We reserve the right to change these Terms and Conditions at any time, and You agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the STIHL Websites shall be subject to these Terms and Conditions.
Your Use of STIHL Websites
- a. Use of Site Material and Trademarks
The contents of this website, such as text, graphics, images and other content (the 'Site Material'), are protected by copyright under both United States and foreign laws. The names, marks and logos appearing included in the Site Material are, unless otherwise noted, trademarks owned by STIHL or the STIHL founding company, Andreas STIHL AG & Co., K.G., and used under license. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, STIHL makes fair use in this website of trademarks owned and used by its competitors. Any such marks are clearly noted, and STIHL makes no claim to ownership of those marks. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose.
In turn, You grant us a non-exclusive, world-wide, royalty-free license to use any content You post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.
- b. Your Conduct on the Website
By accessing the STIHL Websites, You agree to the following rules of conduct. You agree and warrant that You shall not distribute, submit or publish any content:
- that is known by You to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);that is, or may reasonably be considered to be, illegal, obscene, sexually explicit, insulting, vulgar, defamatory, libelous, hateful, abusive, excessively violent, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
You understand the STIHL Websites are available for Your personal, non-commercial use only, and You agree not to use the STIHL Websites for commercial activities or sales. You agree to not use the STIHL Websites in any unlawful manner or otherwise inconsistent with all applicable laws and regulations or in a manner that could damage, disable, overburden or impair the STIHL Websites.
You will not attempt to interfere in any way with STIHL’s site networks or network security, or attempt to use these Sites to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a computer viruses, worms or other potentially damaging computer programs or files. You are prohibited from violating or attempting to violate the security of the STIHL Websites, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the STIHL Websites, overloading, 'flooding', 'mailbombing' or 'crashing'; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the STIHL Websites.
- Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, 'phishing' or 'pharming' or misrepresentation.
You will not engage in conduct constituting or encouraging conduct that would constitute a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.
STIHL reserves the right to immediately terminate Your account and remove any violating posts or user generated content without further notice in the event that, in its judgment, You violate these Terms and Conditions. Accounts that are inactive for more than one year may be removed without further notice.
STIHL welcomes Your comments on our website and products, and user generated content. However, You acknowledge that if You send us creative suggestions, ideas, pictures, stories, notes, drawings, concepts, inventions or other information, the submission(s) shall be deemed, and shall remain STIHL's property. Any submissions You submit will be treated as, non-confidential. STIHL's intention in reviewing any product-related submissions is solely to conduct an evaluation in order to determine whether STIHL has an interest in exploring such submissions further. If, after review and evaluation of the submission, STIHL is interested in further review and evaluation, and if both You and STIHL agree to the disclosure by You of further information considered by You or a third party to be confidential, STIHL will enter into a written confidentiality agreement prior to Your disclosure to STIHL of such confidential information. You agree that STIHL assumes no obligation to (1) return the submission and/or materials submitted by You, (2) compensate You in any way for the use of the submission in accordance with the intentions specified herein, (3) proceed with negotiations of any kind respecting the submission, or (4) furnish You with any information respecting the results of STIHL's evaluation or its reasons for not proceeding further.
As a user of this website, You are responsible for Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
STIHL reserves the right to expel users and prevent their further access to this website for violating these terms or the law and reserves the right to remove any communications from this Site.
- a. Order Acceptance and Billing
All online orders through www.stihldealer.net are processed and fulfilled by an authorized STIHL servicing dealer of your choice (Your “Servicing Dealer”). You represent and warrant that You have the right to use any credit card or other means of payment that You provide to Your Servicing Dealer. By providing payment card information to Your Servicing Dealer, You authorize Your Servicing Dealer to use the card as a payment method for purchases made through Your STIHL account. You further authorize the Servicing Dealer’s payment processor to store and process the card information as a payment method for future transactions. All billing information You provide to Your Servicing Dealer must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and Conditions and may result in cancellation of Your order. Prior to accepting an order Your Servicing Dealer may also request additional information from You. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Your Servicing Dealer reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by the credit card payment processor’s credit and fraud avoidance department. If Your order is cancelled after Your credit card (or other payment account) has been charged, Your Servicing Dealer will issue a credit to Your credit card (or other applicable payment account) in the amount of the charge. Your Servicing Dealer will attempt to contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. Your Servicing Dealer may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to You; however, Your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. Your Servicing Dealer does this to ensure that the card details are still valid and that You have sufficient funds to complete the transaction.
By confirming Your purchase at the end of the checkout process, You agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
STIHL or Your Servicing Dealer reserves the right, including without prior notice, to limit the quantity of Products purchased per person, per household, or per order for any reason. Your Servicing Dealer will attempt to notify You should such limits be applied. STIHL also reserves the right, at our sole discretion, to prohibit sales to resellers. For purposes of these Terms and Conditions, “reselling” will be defined as purchasing or intending to purchase any Product(s) for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
- b. Pricing Information/Availability/Errors
Your Servicing Dealer cannot confirm the price or availability of an item until after Your order is placed. Pricing or availability errors may occur on the STIHL Websites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. STIHL or Your Servicing Dealer reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to You, even after Your receipt of an order confirmation or shipping notice from Your Servicing Dealer. Your Servicing Dealer may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Pricing for Products may be different on the STIHL Website than those prices available in stores at authorized STIHL dealerships, or on independent STIHL dealership websites.
- c. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. STIHL and/or Your Servicing Dealer reserve the right in their discretion to impose conditions on the offering of any promotional code.
Shipping and Delivery
Products will be shipped to an address designated by You, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the STIHL Websites. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
Products purchased on the STIHL Websites may not be delivered to addresses outside of the United States. Some Products also have restricted delivery within the United States, including to the state of California. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
Buy Online, Pick up in Store
Some Products offered on the STIHL Websites are available for purchase online, with pickup at an authorized STIHL dealer. Not all items are available for in store pick up, and not all STIHL dealers participate in the buy online, pick up in store program. You may be charged by Your Servicing Dealer for Your Buy Online Pick up in Store order either upon placement of Your online order or once the Servicing Dealer accepts Your order. Your Servicing Dealer will notify You when your order is ready for pick up; or in the event that an item is unavailable at that store. If someone else will be picking up Your order, You must designate an alternate pickup person when ordering. When picking up Your in-store order pickup, You or Your alternate pickup person can use the order number associated with Your order, and a valid government issued ID.
Policies for Order pick up, pick up hours, extensions for pick up, and abandoned orders may vary based on Your Servicing Dealer. Please contact Your Servicing Dealer for any specific pick up policies, and questions regarding pick up of your Order.
For any questions or concerns related to returns, please contact Your Servicing Dealer directly. They will guide you through the return process and provide you with the necessary instructions and assistance.
Limitation of Liability
Although STIHL strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. STIHL makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this website or about the results to be obtained from using the website. Your use the website and its material at Your own risk.
STIHL does not warrant that the STIHL Websites will operate error-free or that the STIHL Websites and their servers are free of computer viruses or other harmful material. If Your use of the STIHL Websites or the Site Materials results in the need for servicing or replacing equipment or data, STIHL shall not be responsible for those costs. THE STIHL WEBSITES AND ITS SITE MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. STIHL AND ITS SUPPLIERS AND AUTHORIZED DEALERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES NOT SPECIFICALLY CONTAINED HEREIN, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. STIHL AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL STIHL, ITS SUPPLIERS, ITS AUTHORIZED DEALERS, OR ANY THIRD PARTIES MENTIONED ON THE STIHL WEBSITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THE STIHL WEBSITES OR SITES LINKED TO THE STIHL WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STIHL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using this website, You agree to defend, indemnify, and hold harmless STIHL, its worldwide affiliated companies, and their respective officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that STIHL may become obligated to pay arising or resulting from Your use of the Site Material or Your breach of these Terms and Conditions. STIHL reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
Disputes and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the STIHL Websites, or purchasing any Products over the STIHL Websites constitutes Your acceptance of this Arbitration provision. Please read it carefully as it provides that You and STIHL will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
EXCLUDING INDIVIDUAL CLAIMS BROUGHT IN SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE PURCHASE OF STIHL PRODUCTS ON THE STIHL WEBSITES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STIHL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT STIHL AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude You from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for You.
These Terms and Conditions will be governed by and construed under the laws of the United States (including federal arbitration law) and the Commonwealth of Virginia, without regard to conflicts of law principles.
This website contains links to websites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by STIHL of the contents on those other sites. STIHL is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this website, You do so AT YOUR OWN RISK.
STIHL does not claim that the materials on this website are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If You access the website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the Commonwealth of Virginia with respect to any dispute, disagreement, or cause of action related to or involving this website. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our website, these Terms and Conditions constitute the entire agreement between You and STIHL with respect to Your use of this website.