Except where prohibited by applicable law, which may include the Province of Quebec, any dispute between you and Stanley Black & Decker shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that Stanley Black & Decker may commence action against you in a court of law for infringement of its intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. Except where prohibited by applicable law, which may include the Province of Quebec, the arbitration shall be held and the award shall be deemed to be made in the City of New York, New York, United States of America, or such other place agree to by the parties. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States or Canadian Court of Law.
TERMS SPECIFIC TO USERS OF MOBILE APPLICATIONS:
In addition to all the remaining Terms herein, if you are downloading a mobile application provided by us, you understand and agree that we have no obligation to maintain, support, upgrade or update any mobile applications that we provide. It is also possible that as you download a mobile application, you may be asked to agree to terms in addition to these Terms regarding collection of information, including location information or warranties. If there is a conflict between these Terms and the terms you agree to at the time of downloading, the agreed to downloading terms will control. You understand and acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the downloaded mobile application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the mobile application and you accept responsibility for any such charges. You acknowledge that if you are downloading a mobile application through Apple iTunes® or Google Play®, neither Apple® nor Google® have an obligation to provide any support or maintenance services in relations to our mobile applications. If you have maintenance or support questions in relation to one of our mobile applications, contact us at http://www.dewalt.ca/support.
The following additional terms apply to mobile applications that are downloaded from the Apple® App Store:
i. With respect to mobile applications accessed through or downloaded from the Apple® App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that is owned or controlled by the User; and (ii) as permitted by the "Usage Rules" set forth in the Apple® App Store Terms of Service. Stanley Black & Decker reserves all rights in and to the mobile applications not expressly granted to you under these Terms.
ii. You acknowledge and agree that (i) these Terms are concluded between you and Stanley Black & Decker only, and, that Apple® is not a party to these Terms other than as third-party beneficiary as contemplated below, and (ii) Stanley Black & Decker, not Apple®, is solely responsible for the App Store Sourced Application and the Stanley Sites content.
iii. To the maximum extent permitted by applicable law, Apple® will have no warranty obligation whatsoever with respect to the App Store Sourced Application, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
iv. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple® and Stanley Black & Decker, Stanley Black & Decker, and not Apple®, is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
v. Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple® responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
vi. You acknowledge and agree that Apple®, and Apple's subsidiaries, are third-party beneficiaries of these Terms for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms, Apple® will have the right (and will be deemed to have accepted the right) to enforce these Terms for App Store Sourced Applications against you as a third-party beneficiary thereof.
vii. Without limiting any provisions of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
viii. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country and (ii) you are not included on any U.S. Government list of prohibited or restricted parties.
OTHER TERMS AND CONDITIONS, SITE MODIFICATION AND SEVERABILITY:
Effective as of: April 8, 2017