General.
Rheem Manufacturing Company and its affiliates (“Rheem”) provide this website and/or application as a service to its customers, prospective customers, distributors, dealers, and others. Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of this website and/or application (the “Site,” “website” or “Application”) and any products purchased from Rheem from the Site (the “Products”).
Rheem reserves the right to change or delete the contents of this Application or website, including, but not limited to specifications or designs of its products at any time without notice. The “Application” shall mean the software provided by Rheem to offer services related to Rheem, Rheem’s services and its partners’ services, to be used on Apple® iOS and Android® OS and web accessible devices and any upgrades from time to time and any other software or documentation which enables the use of the application.
You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) or web access provider (“Web Provider”) will continue to apply when using the Site or Application. As a result, you may be charged by the Mobile Provider or Web Provider for access to network connection services for the duration of the connection while accessing the Site or Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone, computer or handheld device being used to access the Site or Application, you will be assumed to have received permission from the bill payer for using the Site or Application.
Acceptance of Terms and Conditions of Use. By accessing and using the Site or installing the Application, you acknowledge that you have read and agree to these Terms and Conditions. If you place an order for any Products with Rheem, you must indicate your consent to these Terms and Conditions prior to placing your order. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site or remove the Application from your device. Rheem may take any actions it deems appropriate, including, but not limited to, restricting your access to the Site, Application or Products if Rheem determines in its sole discretion that you have violated these Terms and Conditions.
Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. Rheem reserves the right to modify these Terms and Conditions at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Your continued access or use of this Site or Application constitutes acceptance of the Terms and Conditions stated at the time of access or use. Rheem may at any time and without prior notice revise these Terms and Conditions by updating these Terms and Conditions.
Purchase of Products.
a. Payment and Delivery. Prices for all Products are in [United States dollars] and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card (or other form of payment that Rheem may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Rheem reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Rheem for any reason, Rheem reserves the right to either suspend or cancel your order. It is your responsibility to ensure that sufficient funds are available to cover the charges for Products, and Rheem has no liability for any overdraft or other fees that you may incur as a result of Rheem processing your payment.
b. Order Acceptance and Confirmation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Rheem reserves the right at any time after receipt of your order to accept or decline your order for any reason. Any and all orders accepted by Rheem are governed exclusively by the Rheem terms of sale applicable to the specific Product and these Terms and Conditions.
c. Sales Tax. Prices do not include, and you shall be responsible for, all applicable sales taxes for any Products you purchase.
d. Returns and Exchanges. Unless otherwise specified by Rheem on this website or Application or on the terms of sale for a Product, Rheem has a 60-day return policy. In order to qualify for a return or exchange, Rheem must be notified within 60 days, and have possession of the Product within the 60th day (from the date of receipt) of the Product purchase. After 60 days from the date of receipt, Rheem is not obligated by any means to replace the Product or refund any money paid for the Product for any reason. To return your Products, you must contact customer service at the number provide on the Site for further instructions. If the Products are successfully returned to Rheem in accordance with the terms herein, your account will be credited in approximately one to two billing cycles from the date Rheem receives the Products from you.
e. Installation and Repair Information. Many Products sold through this website or Application should be installed and repaired by qualified service professionals. Rheem strongly encourages you to refer to the use & care manual or installation manual of the Product for more information. This website or Application may contain general information to aid qualified service professionals in the repair of certain products and parts. The complete model number and serial number of the unit under repair should be specified when selecting and ordering replacement parts. Specifications and illustrations are subject to change without notice. Rheem assumes no responsibility or liability for acts or omissions, errors, mistakes, or negligence of the purchaser or any other person or entity. The purchaser is responsible for choosing the appropriate products and parts and must verify the proper and safe operation of equipment after the replacement of any original components.
Site and App Content.
a. Corporate Identification and Trademarks. All registered or unregistered corporate names, trademarks, service marks, logos, and other source-identifying designations (collectively “Marks”) used or referred to on this website or Application are the property of Rheem unless otherwise noted. Unauthorized use of the Marks is prohibited.
b. Proprietary Rights to Content. All content, including but not limited to information, all written materials, catalogs, photographs, computer programs, applications, computer code (including source code and object code), illustrations, artwork, designs, graphics, layout, data, logos, messages, the HTML code that Rheem creates to generate the Site, or other materials (collectively, “Content”) included on the Site or Application is the property of Rheem or content providers of Rheem and are protected by copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights and laws. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of Rheem and content providers of Rheem is granted to or conferred upon you. The downloading, reproduction, printing, copying, storage, or distribution of any Content, other than for non-commercial individual use, is strictly prohibited. The use of any Content for a commercial purpose, without the express written consent of Rheem, violates Rheem copyrights, trademark rights, and other intellectual property rights and may be a violation of federal law subject to criminal and civil penalties.
c. Third party content. Rheem claims no proprietary rights to, or affiliation with, any third-party trademarks or logos referenced or appearing on the Site or Application. You should not infer any affiliation, sponsorship or endorsement from the use of third-party marks on the Site or Application as such marks are used solely to designate certain products or services as belonging to their respective owners.
This Site or Application may contain portals or hyperlinks, or you may choose to link your product, to websites or applications operated by persons or entities other than Rheem. When you navigate or link your product to those third party sites or applications, the terms & conditions, licenses and privacy policy of that third party may apply, all of which may be different from Rheem’s. If you have any questions or concerns about the third party’s terms & conditions, licenses and privacy policy, please do not access its website from Rheem. Rheem does not capture any usernames, passwords or other data from any portals or third party applications, and Rheem does not capture or maintain any personal information that you may enter through portals or hyperlinks to third party websites or applications, or by linking your product to a third party’s application.
Please be aware that we do not monitor, endorse or accept responsibility for the content on such websites or applications, or the operator or operations of such websites or applications. You are solely responsible for determining the extent to which you may use any content at any other websites or applications to which you might link from this Site. You agree not to hold Rheem responsible for the content or operation at any other websites or applications to which you might link from this Site or to which you connect your product.
Mention on the Rheem Site or Application of any third-party company or website, or to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise, is for informational purposes only and does not constitute an endorsement, recommendation, approval, or certification by Rheem.
d. Disclaimer. THE SITE/APPLICATION INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE RHEEM DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH CONTENT AND INFORMATION. RHEEM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Information Privacy and Security. Except as otherwise provided in these Terms and Conditions, Rheem seeks to protect the privacy of personal information you submit over the Site or Application. The information we obtain through your use on this Site or Application, including setting up your account, is subject to Rheem’s Privacy Notice. Please review the Privacy Notice, which explains how Rheem handles personal information, and how Rheem collects, uses, and shares information when you use our website and applications, that may be accessed at https://www.rheem.com/legal. BY VISITING AND/OR USING THE SITE/APPLICATION, YOU ARE ACKNOWLEDGING THE AFOREMENTIONED PRIVACY NOTICE AS WELL AS AGREEING TO THIS ACCOMPANYING TERMS AND CONDITIONS.
Any communication or material you transmit to the Site or Application by electronic mail or otherwise, will be treated in accordance with our Privacy Notice. By transmitting or posting any communications or materials publically to this site or Application, you agree that Rheem or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. Rheem and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information.
User Conduct. You will not make any unauthorized use of this website or Application, or any content or features available on this website or Application. You are responsible for all use of your account (including username and password, if any) and shall be solely responsible for maintaining the security of your passwords. You shall not share your account information with any third party, let anyone else access or use your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the account, you must immediately notify cybersecurity@Rheem.com and modify your username and password. You agree that all the information and content posted or accessed in restricted password protected areas of the website is confidential to Rheem and will be used only for your personal and internal purposes. You may not engage in any conduct or action that is prohibited by law or violates any country, federal, state, or local laws.
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the website or Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website or Application; or (iii) create derivative works of the website or Application of any kind whatsoever.
WARRANTY DISCLAIMER. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED “AS IS.” RHEEM AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. RHEEM AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, RHEEM DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. RHEEM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE, THE PRODUCTS, OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF RHEEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RHEEM AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING PRODUCTS.
Indemnification. You agree, at your expense, to indemnify, defend, and hold harmless Rheem, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms and Conditions or in connection with your use of this website, Application or any product, including the Products, or service related thereto.
General. These Terms and Conditions and all information on the Site or Application are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America, without regard to conflict of law principles. Although users outside of the United States may have access to the Site or Products, the information contained herein is intended only for use by residents of the United States. Rheem specifically reserves all rights to limit provision of our Products to select persons, countries or geographic regions. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia.
Waiver/Severability. The waiver by either party of a breach or right under these Terms and Conditions will not constitute a waiver of any subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and conditions, which will otherwise remain in full force and effect.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Rheem concerning the use or access of this website or Application.
Reservation of Rights. Any rights not expressly granted herein are reserved.
Availability. This Application is available to handheld mobile devices running Apple® iOS and Android® OS operating systems and web accessible devices. Rheem will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Rheem’s reasonable control. Rheem does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
System Requirements. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”). The Software Requirements are as follows: Apple iOS or Android OS; Language: English. As the Application is updated, the System Requirements may also be updated. You are responsible for downloading or acquiring the appropriate updates to your mobile or web accessible device to continue use of the Application. The Application software may be upgraded from time to time, without notice to you, to add support for new functions and services.
Arbitration Agreement. Any controversy or claim arising out of or relating to the Terms and Conditions shall be finally resolved by binding arbitration following the parties’ best efforts to settle such dispute, claim, question or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its procedures for consumer disputes, except for any rules or procedures permitting class actions or otherwise contradictory to the Terms and Conditions. An arbitrator shall wield exclusive authority to resolve all disputes, including whether this or any other provision contained in the Terms and Conditions is void or voidable. The arbitrator’s award shall be binding and entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause of the Terms and Conditions.
You understand that, absent this Arbitration Agreement provision, you may otherwise have the right to sue in a court of law and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.
Waiver of Class Remedies. You agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.
As an exception, notwithstanding the parties’ decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court’s jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms and Conditions.
Contact Us. For further information or to contact us with questions, concerns, or comments, please contact us at https://www.rheem.com/contact. Although Rheem will, in most circumstances, be able to receive your email or other information provided through the Site, Rheem does not guarantee that it will receive all such email or other information timely and accurately. Rheem shall not be legally obligated to read, act on, or respond to any such email or other information.
Use of this site or Application signifies your agreement to these Terms and Conditions.
Last Revised: November 2024
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