Our iRobot Select Membership Terms of Service (or “Terms of Service”) is a contract between you (the customer and user of the services and related products) and us (iRobot Corporation and our affiliates, also referred to as “we” or “iRobot”) describing the membership subscription, access and use of the products and services we will provide to you, how we will work together with you, and other aspects of our relationship.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PURCHASING OR USING OUR PRODUCTS AND SERVICES. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES IMPORTANT INFORMATION REGARDING AUTOMATIC RENEWAL, TERMINATION, AN ARBITRATION AGREEMENT, AND JURY TRIAL AND CLASS ACTION WAIVERS.
1. The Membership
a. Membership Products.
b. Membership Services.
i. iRobot Select Membership Portal and Experience Manager.
iii. Robot Upgrades.
iv. iRobot Select Protection Plan.
2. Membership Eligibility and Restrictions on Use
3. Membership Subscription Fees and Payment
a. Membership Fees.
b. Term Commitment Early Termination Fee.
c. Payment by Credit or Debit Card.
d. Payment and Shipping Information.
4. Membership Term, Termination, and Returns and Refunds
7. Disclaimers; Limitation of Liability
8. Dispute Resolution
1. The Membership
You are purchasing a subscription for an iRobot Select Membership (the “Membership”) for use with a Roomba® i7+ robot vacuum (the “Robot”), a Clean Base® automatic dirt disposal (the “Dock”), and other Consumable Accessories (as defined herein, and collectively with the Robot and the Dock, the “Membership Products”), as well as access to and use of the iRobot Select Membership Portal with a dedicated Experience Manager, the SmartCare program, access to potential Membership Product upgrades, and an iRobot Select Protection Plan (each as defined below and collectively the “Membership Services”). Your Membership begins on the date of your enrollment and acceptance of this Agreement and will either (a) continue for a minimum specified period (the “Term Commitment”) set forth in your order confirmation email (your “Order Confirmation”) and after such Term Commitment it will renew automatically for thirty (30) day periods unless terminated, or (b) renew automatically every thirty (30) days unless terminated (See Section 4 – Membership Term, Termination, and Returns and Refunds). If no Term Commitment is provided in your Order Confirmation, your Membership will renew automatically every thirty (30) days unless terminated.
We grant you a personal, limited, non-transferable, non-exclusive license for the duration of your Membership to access and use the Membership, including the Membership Products and Membership Services, related software (as further explained in our End User License Agreement), the iRobot Home mobile application (or the “App”), and iRobot websites. All rights not expressly granted by iRobot in this Agreement are reserved by iRobot. You are responsible for providing your own ability to access (e.g., computer, email address, mobile device, Internet connection, etc.) the Membership at your own expense.
We may modify the Membership from time to time, including by adding or deleting products, services, features, and functions. When possible, we will provide thirty (30) days’ notice of material changes to the Membership via email or a notification on the iRobot Select Membership Portal.
(a) Membership Products. Membership is required for operation of Membership Products. Following your initial purchase, you will receive Membership Products pre-configured for the Membership and, during the term of your Membership, your Membership Products will be activated for use. If you terminate your Membership or cease payment for your Membership, your Membership Products will not function or be able to operate. (See Section 4 – Membership Term, Termination, and Returns and Refunds.) Your Membership Services are only for the products you receive in connection with this Membership; Membership Services will not apply and cannot be used for any other robots, products, or services that you may purchase from iRobot. The Membership Products will only function for the original Membership account created at the time of purchase. The Membership and Membership Products cannot be transferred or gifted.
To realize the full value of your Membership, you must maintain and take care of your Membership Products as outlined in the applicable Owner’s Guide.
(b) Membership Services.
i. iRobot Select Membership Portal and Experience Manager. Your Membership includes access to the iRobot Select Membership Portal, an online platform available at select.irobot.com (which we also refer to as your “Member Portal”) that will provide access to personalized Membership Product insights and that will allow you to manage your Membership and interact with a dedicated customer care agent (your “Experience Manager”).
Your Experience Manager may interact with you in a variety of ways, including via chat, text messages, email, or telephone. Your Experience Manager is assigned by us and Membership support will be available Monday through Friday from 9:00 AM – 9:00 PM EST and Saturday and Sunday from 9:00 AM – 6:00 PM EST. If your Experience Manager is unavailable, we may make another experienced customer care agent available to you. No advice or information provided by your Experience Manager will create any warranty not expressly made herein. Please notify your Experience Manager of any issues or defects that you experience with your Membership Products.
From time to time, the features available in the Member Portal or your assigned Experience Manager may change.
ii. SmartCare. Your Membership also includes a replacement service for Consumable Accessories used in robot maintenance, which we refer to as “SmartCare,” that is based on usage of your Membership Products. SmartCare will provide replacements for high-efficiency filters, Edge-Sweeping Brushes, Multi-Surface Rubber Brushes, and Clean Base® Dirt Disposal Bags (collectively, “Consumable Accessories”). If your Robot and Dock are not connected to the Internet, your Membership, including SmartCare, may not work as described or may be interrupted. The rate at which Consumable Accessories are provided will vary based on usage. Any metrics provided in the Member Portal regarding the health or usage of Consumable Accessories is an estimate provided solely for informational purposes and does not obligate us to provide Consumable Accessories by a certain date. We reserve the right to limit the number of Consumable Accessories provided as part of your Membership. SmartCare Consumable Accessories will automatically ship to the mailing address listed in your Member Portal. If your address changes, it is your responsibility to update it in your Member Portal (See Section 3(c) - Payment and Shipping Information.).
iii. Robot Upgrades. After completion of your Initial Month of Service (as defined in Section 3) and thirty-five (35) subsequent Service Months (each as defined in Section 4 – Membership Term, Termination, and Returns and Refunds below), you will be eligible to upgrade your Membership Products to certain products specified by us (the “Upgrade Products”). Once eligible, please contact your Experience Manager who will provide you detailed information about the available Upgrade Products and how to process your upgrade and Membership Products. If iRobot requests the return of your previous Membership Products and you do not return such Membership Products within 14 days, you will be charged the then applicable activation fee for the additional Upgrade Products received; once upgraded, previous Membership Products will be deactivated.
iRobot reserves the right and option to accept or reject the returned Membership Products and iRobot further reserves the right to reject, refuse, or limit any upgrade transaction, including, for example, for a failure to return any Membership Product or required accessories or sending products that do not match the Membership Products. iRobot is not responsible for the loss or destruction of any returned Membership Products, including any software or data left on or in the Membership Products. You will not be able to recover any data stored within the returned Membership Products. If your Membership Product is requested to be returned as part of an upgrade, you agree that, upon receipt and acceptance of the returned Membership Products by iRobot, you hereby transfer all right to and title in the returned Membership Products to iRobot, in exchange for the applicable Upgrade Products. You acknowledge and agree that the upgrade transaction is final and cannot be cancelled or rescinded by you after the Membership Products are shipped to iRobot for inspection.
Upgrading is subject to release of Upgrade Products and availability at the time you exercise your upgrade. Certain upgrades may require an additional activation fee or result in a modification or change to your Membership Fees (as defined in Section 3(a) – Membership Fees.). Upgrade eligibility and approval is not transferable. Upon upgrade, the applicable Upgrade Products will become the Membership Products associated with your Membership. Further, once upgraded, you will be eligible for a subsequent upgrade after an additional thirty-six (36) Service Months.
iv. iRobot Select Protection Plan. Your Membership includes a protection plan that covers certain Membership Products in the case of certain defects or accidental damage (the “iRobot Select Protection Plan”). The iRobot Select Protection Plan is a service included as part of your Membership and is not a contract of insurance or a warranty subject to the Federal Magnuson-Moss Warranty Act. The iRobot Select Protection Plan does not replace any limited manufacturer’s warranty. As a condition of this Agreement, you must maintain your Membership Products as recommended in the applicable Owner’s Guide and in accordance with each Membership Product’s limited manufacturer’s warranty.
Your iRobot Select Protection Plan coverage coincides with your Membership and coverage begins and ends when your Membership begins and ends. Membership is required to receive service under the iRobot Select Protection Plan and the iRobot Select Protection Plan is only for the Robot and Dock associated with your Membership.
At our discretion, we will repair or replace the Robot and/or Dock associated with your Membership due to a mechanical or electrical breakdown during normal usage (a “Covered Breakdown”), including those experienced during normal wear and tear, caused by a direct result of a power surge, or due to Accidental Damage in Handling. “Accidental Damage in Handling” means accidental damage in handling from drops, liquid spills, and pet damage; however, Accidental Damage in Handling only covers operational or mechanical failures caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, software viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Robot and/or Dock, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between you and our service providers, and any other limitations listed in the What is Not Covered subsection below. Any resultant damage from this type of treatment is NOT covered by the iRobot Select Protection Plan. For the iRobot Select Protection Plan, “accidental damage” is defined as a single, unexpected, sudden, and unintentional event and does not include accumulated damage from continual or multiple events. We will replace your Robot’s rechargeable battery under the iRobot Select Protection Plan if it fails to hold a charge per the manufacturer guidelines. iRobot Select Protection Plan coverage requires an explanation of where and when the Covered Breakdown occurred as well as a detailed description of the actual event. Failure to provide this information may result in claim denial. We reserve the right, in our sole discretion, to limit the number of replacements for Accidental Damage in Handling or to terminate your Membership for misuse or abuse of the iRobot Select Protection Plan.
In our sole discretion, we may use new or remanufactured parts, Robots, or Docks for replacements, but such parts, Robots, or Docks will be replaced with those of like kind, features, and quality. The replacement Membership Product may, at our option, be a future, current, or refurbished edition of your original Membership Product. Graphics and diagrams (including colors, styles, and other variants) are for illustrative purposes only and may not accurately reflect actual product availability or may be subject to change. All repairs must be authorized by us prior to performance of work. Claims on unauthorized repairs may be denied and the iRobot Select Protection Plan will not cover any unauthorized or non-manufacturer recommended modifications to the Membership Products, or any damages arising from such unauthorized or non-manufacturer recommended modifications. If we replace your Robot and/or Dock, such replacement will become the Membership Product associated with your Membership.
What is Not Covered. The iRobot Select Protection Plan does not cover: (A) products not originally covered by our applicable limited manufacturer’s warranty; (B) cleaning; periodic checkups; preventive maintenance; (C) any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold used or “AS-IS”, including but not limited to floor models, demonstration models, etc.; (D) SmartCare Consumable Accessories or parts or repairs due to normal wear and tear (unless tied to a Covered Breakdown); (E) damage from abuse, misuse, mishandling, introduction of foreign objects into any Membership Product, unauthorized modifications or alterations to any Membership Product; failure to follow our instructions for operation and care of any Membership Product; external causes of any kind, including third-party actions; fire; theft; insects; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; or acts of God or consequential loss of any nature; (F) loss or damage caused by invasion; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (G) incidental, consequential or secondary damages or delay in rendering service under the iRobot Select Protection Plan; loss of use during the period that a Membership Product is at an authorized service center or you are awaiting shipment and delivery of Membership Products or parts of Membership Products; (H) any product used in a commercial setting or rental basis; (I) failures that occur outside of the 50 states of the United States of America and the District of Columbia; (J) non-functional or aesthetic parts; scratches, peeling & dents; (K) unauthorized repairs and/or parts; (L) cost of installation, setup, or diagnostics, if any; (M) any other loss other than a Covered Breakdown; (N) service where no problem can be found; noises; squeaks; breakdowns which are not reported during the term of your Membership; or (O) any breakdown or condition that results from abnormal usage of the Membership Products.
If you have a problem with any of your Membership Products, please contact your Experience Manager and they will help coordinate the appropriate solution. Your Experience Manager will provide you detailed instructions for any iRobot Select Protection Plan service, including how to return the defective Membership Product. If iRobot requests the return of a Membership Product and you do not return such Membership Product within 14 days, you will be charged an activation fee of $199 for the additional Membership Product received and the original Membership Product will remain inactive.
SERVICE COSTS FOR REPAIRS NOT COVERED UNDER THIS MEMBERSHIP ARE YOUR RESPONSIBILITY.
2. Membership Eligibility and Restrictions on Use
Membership is only available to new iRobot customers in the United States and a new iRobot account is required for activation. Membership is only for personal, residential, non-commercial use and is limited to one Robot per Membership account. You must be 18 years of age or older to have a Membership. iRobot reserves the right to determine Membership eligibility using its sole discretion.
You may not rent, resell, transfer, assign or commercially exploit the Membership, including any of the Membership Products (including any parts and/or rechargeable batteries) and Consumable Accessories, to any third party without our permission. You may not copy, modify, or distribute the contents or any portion of the Member Portal, iRobot websites, or our App without our prior written consent.
You also acknowledge and agree that you will use your Membership Products and Membership Services in good faith and an acceptable manner. You will not attempt to gain unauthorized access to the Membership Services or access Membership Services other than through our interface. Further you will not download and/or install any third-party software and/or application on any Membership Product that is not expressly permitted by us in writing. You will not (directly or indirectly) use your Membership Products and Membership Services with content or in a manner that (i) is illegal, harmful, threatening, abusive, harassing, false, fraudulent, obscene, vulgar, infringes another party’s rights (including ours), or otherwise injurious to third parties, (ii) contains viruses, corrupted files or any other similar software or programs that may damage or impair the operation of any system, (iii) harvests or otherwise collects unauthorized information, (iv) uses or launches any automated system, such as “spiders,” “scrapers,” or “offline readers” that may overload our servers, (v) circumvents security or authentication measures or attempts to exceed the limited authorization and access granted to you, (vi) violates any applicable local, state, national or international law or regulation, including all export laws and regulations, or (vii) promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law. Please also refer to our standard Terms and Conditions and our End User License Agreement for additional restrictions on features and uses.
Except as otherwise noted, iRobot is the owner of all content, materials, trademarks, and service marks on or in the Membership Products or Membership Services, whether registered or not. iRobot expressly forbids the unauthorized use of its logos, trademarks, or other graphics. iRobot does not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services, or marketing. If you submit an unsolicited idea to us via the Member Portal, an iRobot website, our App or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us without any compensation to you. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for iRobot to utilize your idea, you hereby grant iRobot an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, for any purpose whatsoever, without compensation to you.
You will not export or re-export, directly or indirectly, the Membership Products or Membership Services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, United States export control laws and regulations.
iRobot reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Membership Product or Membership Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all purchases; and (iv) refuse to provide any user with any product or service.
3. Membership Subscription Fees and Payment
(a) Membership Fees. The cost of your Membership is comprised of an initial activation fee (the “Initial Fee”) and a monthly-recurring subscription fee (the “Subscription Fee” and collectively with the Initial Fee, the “Membership Fees”). Your Membership Fees will be set forth in your Order Confirmation. The Initial Fee includes the cost of your initial Membership Products and the first thirty (30) days of the Membership (the “Initial Month of Service”). In some situations, the Initial Fee may be waived. Following the Initial Month of Service, the payment method listed in your Member Portal will be charged a Subscription Fee for each subsequent thirty-day (30) period (each a “Service Month”). You will be automatically charged a Subscription Fee every thirty (30) days for a subsequent Service Month unless the Membership is terminated by either party in accordance with Section 4 – Membership Term, Termination, and Returns and Refunds below. By accepting this Agreement, you agree that your payment method will be charged on a recurring basis and accept the amount of the recurring charges. Further, you agree that iRobot or our payment processor may submit periodic charges (e.g., every 30 days) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before iRobot reasonably could act. Information on how to terminate is described in Section 4 – Membership Term, Termination, and Returns and Refunds.
All Membership Fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Membership.
We may modify the Membership Fees or a portion thereof at any time and will provide thirty (30) days’ notice either via email or a Member Portal notification before such fee changes will take effect. We reserve the right to adjust pricing for the Membership or any components thereof in any manner and at any time as we may determine in our sole discretion, and to honor certain prices or grandfather certain legacy subscription fees in our sole discretion. We may increase your fees when you upgrade products or services, subscribe to additional features or products, or as otherwise agreed between us. If you do not agree to a Membership Fee modification, your sole option will be to terminate your Membership (See Section 4 – Membership Term, Termination, and Returns and Refunds).
(b) Term Commitment Early Termination Fee. If your Membership has a Term Commitment and either (a) you cancel your Membership prior to the end of your Term Commitment, or (b) we terminate your Membership for nonpayment or violation of this Agreement before the end of your Term Commitment, then you will be charged an early termination fee (the “Early Termination Fee”). The Early Termination fee is prorated, which means that as more time passes, you will pay less to terminate the Membership early. The Early Termination fee can cost a maximum of $600 for a two-year Term Commitment, or a maximum of $300 for a one-year Term Commitment, and decreases by $25 per month. The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Term Commitment on which your Membership Fees are based. The Early Termination Fee shall not apply if: (i) you cancel your Membership prior to the end of your Term Commitment due to material changes made to your Membership or this Agreement that materially adversely affect your rights, or (ii) you terminate your Membership within the Initial Month of Service. Please refer to your Order Confirmation for your Term Commitment details. If your Order Confirmation does not include a Term Commitment, then this Section 3(b) – Term Commitment Early Termination Fee does not apply to your Membership.
(c) Payment by Credit or Debit Card. If you are paying by credit or debit card, you authorize us to charge your credit card or bank account for the Subscription Fee at the beginning of each Service Month. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We are not responsible for any bank fees or other charges incurred by you as a result of attempts to charge or place holds on your specified payment method.
(d) Payment and Shipping Information. You will keep your contact information, billing and shipping information and credit card (or other payment method) information up to date. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Membership may be suspended or terminated. You represent and warrant that you have the right to use any payment method that you choose to use. You can modify your payment information and shipping address in your Member Portal at select.irobot.com. All payment obligations are non-cancelable, and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance of the Initial Month of Service and each applicable Service Month.
4. Membership Term, Termination, and Returns and Refunds
(a) Term for Memberships without a Term Commitment. If your Order Confirmation does not indicate a Term Commitment, then your Initial Month of Service begins on your date of purchase and the term will automatically renew for a new Service Month every thirty (30) days until your Membership is terminated as set forth in this Section 4. The Initial Month of Service includes a money-back guarantee. If you are not satisfied with your Membership during the Initial Month of Service, you may return your Membership Products and terminate your Membership at any time during your Initial Month of Service and we will provide a refund of the Initial Fee to your original method of payment, which may exclude shipping and return shipping costs. For clarity, this money back guarantee is only available during the Initial Month of Service upon return of all Membership Products, and your Membership Robot does not include iRobot’s standard 60-Day Money-Back Guarantee. After the Initial Month of Service, your Initial Fee is non-refundable and, unless terminated as set forth in this Section 4, your Membership will automatically renew for a Service Month and your payment method on file will be charged.
(b) Term for Term Commitment Memberships. If your Order Confirmation indicates that you have a Term Commitment, then your Membership must be active throughout such Term Commitment, otherwise you will be required to pay an Early Termination Fee (See Section 3(b) – Term Commitment Early Termination Fee). Your Initial Month of Service begins on your date of purchase, and a new Service Month will begin every thirty (30) days thereafter. Once your Term Commitment is complete, your Membership will automatically renew for subsequent thirty (30) day periods until your Membership is terminated as set forth in this Section 4. The Initial Month of Service includes a money-back guarantee upon return of all Membership Products. If you are not satisfied with your Membership during the Initial Month of Service, you may return your Membership Products and terminate your Membership at any time during your Initial Month of Service and we will provide a refund of the Initial Fee to your original method of payment, which may exclude shipping and return shipping costs. You will not be charged an Early Termination Fee if you terminate your Membership within the Initial Month of Service. For clarity, this money back guarantee is only available during the Initial Month of Service and your Membership Robot does not include iRobot’s standard 60-Day Money-Back Guarantee. After the Initial Month of Service, your Initial Fee is non-refundable and, unless terminated as set forth in this Section 4, your Membership will automatically renew for a Service Month and your payment method on file will be charged.
(c) Termination and Returns and Refunds. You or we may suspend or terminate your Membership at any time, for any reason or for no reason, including if, in our opinion, you have violated any provision of this Agreement. We may also impose rules for and limits on the use of the Membership Products or Membership Services or restrict your access to part, or all, of the Membership Products and Membership Services without notice or penalty, and your continued use of the Membership will constitute your acceptance of any such changes. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. iRobot reserves the right to return, maintain, or delete your data upon termination of your Membership without notice to you.
If you decide not to renew, you may terminate your Membership either in the Member Portal at select.irobot.com or via telephone at (800) 677-1088 any time after your initial Membership Products have shipped. If you have a Term Commitment and you wish to terminate before the end of such Term Commitment, you will be required to pay an Early Termination Fee (See Section 3(b) – Term Commitment Early Termination Fee). You or we must give notice of termination and non-renewal to prevent a new Service Month and prevent payment of the next Subscription Fee. If you terminate via the Member Portal, you must terminate at least two (2) business days before your next Service Month to prevent the next Service Month and payment of the next Subscription Fee. If you terminate your Membership via telephone, you must terminate at least five (5) business days before your next Service Month to prevent the next Service Month and payment of the next Subscription Fee. We reserve the right to terminate your Membership without notice for a material breach of this Agreement or if we determine in our sole discretion that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers and users.
Once terminated, your Membership will remain active through your then-current Service Month and termination will be effective on the last day of the then-current Service Month. Once your Membership is terminated and your final Service Month concludes, your Membership Products will cease to function or operate. If you terminate your Membership in error or wish to reactivate your Membership, please contact your Experience Manager. Your date of reactivation will begin your next Service Month.
You will continue to be subject to this Agreement for as long as you have access to an iRobot Select Membership account.
Subscription Fees are prepaid, non-refundable, and will not be prorated upon termination. When you terminate your Membership, you are cancelling only future Membership Fees. Consumable Accessories received as part of your Membership are not returnable or refundable. At any time for any reason, we may provide a refund, discount, or other consideration (“Credits”) to some or all of our users. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion and are non-transferable. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future.
We will provide you with notice of non-payment of any amount due either via a text message from your Experience Manager or via email. Unless the full Membership Fee has been paid, we may suspend your access to any or all of the Membership one (1) week after such notice. We will not suspend the Membership while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Membership is suspended for non-payment, we may charge a re-activation fee to reinstate the Membership.
If you choose to opt-in to, or are using, SMS and/or MMS messaging (which we also collectively refer to as “text messages”) to contact your Experience Manager, you are agreeing to receive text messages from iRobot or others texting on our behalf for informational purposes. By signing up to receive our text messages, you agree that we or our agents may use any automated or non-automated technology to send you informational text messages related to your Membership. You may withdraw your consent to SMS and MMS messaging by replying STOP to a message or in your Member Portal at select.irobot.com. You understand that you are not required to receive our text messages as a condition of using your Membership. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them. To request more information, you may reply to one of our text messages with HELP. You may also receive help by contacting your Experience Manager via the Member Portal or via telephone at (800) 677-1088.
By signing up to receive our text messages, you represent that you are 18 years of age or older and that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for text messages. You are responsible for notifying us immediately if you change your mobile telephone number and you agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
We do not charge you for our text message program, but message and data rates may apply in addition to any applicable roaming charges and you may be charged by your carrier or other applicable provider. Please contact your carrier or applicable provider for their charges and pricing.
Supported carriers may change from time to time, but currently include ATT Wireless, Verizon, T-Mobile, and US Cellular, among others.
We may send you an initial message confirming that we have received your opt-in. After that, the specific amount of text messages may vary depending on how you use your Membership and may depend upon factors including whether you take steps to generate additional text messages from us (such as by sending a HELP request).
We may suspend or terminate your receipt of our text messages if we believe you are in breach of this Agreement. Your receipt of our text messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text messages and SMS and MMS program, with or without notice.
If you no longer want to receive our text messages, you may reply to one of our text messages with STOP. After unsubscribing, we may send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can resume your enrollment by opting in again in your Member Portal account at select.irobot.com.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and/or our officers, directors, employees, shareholders, agents, service providers, licensors, affiliates, successors or assigns, or any party involved in the creation, production or transmission of the Membership) by a third party not affiliated with us to the extent that such Action is based upon or arises out of: (a) unauthorized or illegal use of the Membership, including Membership Products, by you or your affiliates; (b) your or your affiliates’ noncompliance with or breach of this Agreement, (c) your or your affiliates’ use of third-party products, or (d) the unauthorized use of the Membership by any other person. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and iRobot doing so will not excuse your indemnity obligations.
7. Disclaimers; Limitation of Liability
Disclaimer of Warranties. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY TO OR AFFECT YOUR MEMBERSHIP PRODUCTS, EACH OF WHICH IS SUBJECT TO ITS MANUFACTURER’S LIMITED WARRANTY, IF ANY. PLEASE REFER TO THE APPLICABLE WARRANTY INFORMATION PROVIDED WITH YOUR MEMBERSHIP PRODUCTS FOR ADDITIONAL INFORMATION.
WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, COMPLETENESS OR ACCURACY OF THE MEMBERSHIP, DATA MADE AVAILABLE FROM THE MEMBERSHIP, OR iROBOT CONTENT. WE DO NOT WARRANT THAT THE MEMBERSHIP WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO COMMITMENT OR ASSUME ANY DUTY TO UPDATE ANY CONTENT OR ASPECT OF THE MEMBERSHIP. TO THE EXTENT PERMITTED BY LAW, THE MEMBERSHIP AND iROBOT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE MEMBERSHIP, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE MEMBERSHIP OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, A MEMBERSHIP PRODUCT OR A MEMBERSHIP SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEMBERSHIP PRODUCTS AND MEMBERSHIP SERVICES AND TERMINATE YOUR MEMBERSHIP. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS MEMBERSHIP, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR MEMBERSHIP, WHETHER AN ACTION IS IN WARRANTY, CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER ALL SUCH PARTIES SHALL NOT BE LIABLE FOR ANY WEBSITE OR THIRD-PARTY FEATURE LINKED TO OUR WEBSITES (INCLUDING THE MEMBER PORTAL) OR APP, OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH THIRD-PARTY WEBSITES AND FEATURES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, iROBOT OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF iROBOT AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU FOR THE MEMBERSHIP IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
Third-Party Products. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE.
Agreement to Liability Limit. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE MEMBERSHIP TO YOU.
8. Dispute Resolution
Resolving Disputes. If a dispute should arise between you and iRobot, we want to provide you with a resolution that is efficient and cost effective by using your Experience Manager and our customer care team. Almost all customer disputes can be resolved to the customer’s satisfaction by contacting our customer care team through the Member Portal at select.irobot.com or by telephone at (800) 677-1088. If your dispute cannot be resolved with your Experience Manager or our customer care team, this Agreement describes how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE. You and iRobot agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate iRobot’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances iRobot may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this Section 8. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Arbitration Rules”). If there is a conflict between Arbitration Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The Arbitration Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or iRobot must do the following things:
(1) Write a Demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the Arbitration Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and iRobot will pay all other administrative costs and fees. In addition, for claims of less than $1,000, iRobot will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Massachusetts, or any other location we mutually agree to, subject to Massachusetts law. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR. The arbitrator will decide the rights and liabilities, if any, of you and iRobot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and iRobot. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and iRobot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND iROBOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by emailing iRobot at firstname.lastname@example.org and providing the requested information as follows (the “Opt-Out Notice”): (1) your name; (2) the URL of this Agreement which includes our agreement to arbitrate disputes; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt-out of this arbitration provision in this Agreement. The Opt-Out Notice must be emailed no later than thirty (30) days after the date you first accept this Agreement.
CHOICE OF LAW/FORUM SELECTION. In any circumstances where this agreement to arbitrate disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in Massachusetts or federal court of competent jurisdiction in the District Court of Massachusetts.
We may update and change any part of this Agreement at any time by updating this page. If there are material changes to this Agreement, we will make reasonable efforts to notify you via email or a Member Portal notification. The updated Agreement will become effective and binding when posted. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you must notify us in writing via email or mail within thirty (30) days after the modification is posted. If you give us this notice, your Membership will continue to be governed by the terms and conditions of this Agreement prior to modification for the remainder of your current Service Month. Upon a new Service Month, the version of this Agreement published by us at select.irobot.com/terms-of-service will apply. By continuing to use the Membership after such changes, you are expressing your acknowledgement and acceptance of the changes.
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of this Agreement is found to be partially or wholly invalid, illegal, or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be modified or restricted, they shall be removed from this Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
All terms in this Agreement that by their nature would survive termination of this Agreement (for example, terms related to limits on iRobot’s and its affiliate’s liability, your indemnification, applicable law, and your payment obligations for the Membership) will survive termination.
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; shipping, electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Notices to iRobot should be sent to the appropriate email or mailing address set forth above; if none specified, please send to iRobot Corporation, 8 Crosby Drive, Bedford, MA 01730, Attn: Legal Department. All notices to iRobot will be deemed delivered as of the date of actual receipt. Notices to you will be provided to you either in the Member Portal or via your email address provided in the Member Portal. We may also need to contact you by telephone or mail. You must keep all account information current.
If you do not understand any part of this Agreement or if you have any questions or comments, we invite you to contact your Experience Manager or our customer care team at (800) 677-1088.
The iRobot Select Membership Terms of Service were last revised on, and are effective as of, February 9, 2021.