Legal Disclaimer

LEGAL DISCLAIMER – TERMS AND CONDITIONS

Please read these terms carefully before using www.mychamberlain.com (this “Site”). By accessing and using this Site you indicate your acknowledgment and acceptance of these terms and conditions.

These terms and conditions govern the use of www.mychamberlain.com, and those sites of The Chamberlain Group, Inc. affiliates which are linked to this Site. These terms and conditions are subject to change without notice. Therefore, if you are a regular user of the Site, please review these terms and conditions regularly. Please note that these terms apply to your use of this Site in general. Your use of the additional functionality contained in (A) the proprietary Chamberlain® Internet Gateway System, including web-based and mobile web interfaces thereto, (B) any available mobile device applications usable in connection therewith, and (C) the software and functionality contained in the Chamberlain® Internet Gateway device or any other interface device used in connection with your garage door opener or other product (collectively the “System”) is governed by the License Agreement and Terms of Use for the System, which you can read at https://www.mychamberlain.com/assets/docs/license-and-terms-of-use-chamberlain-en.html.

Initially, please note that this Site is intended for adult use only and we do not market products to children. Please do not use this Site if you are under 18 years of age without a parent. From time to time The Chamberlain Group, Inc. may present activities on the Site for use by adults in conjunction with their children, such as coloring books. These activities do not involve the collection of personal information from children, and are not intended for use by children who are unaccompanied by adults.

Laws/Regulations

Your access and use of this Site is subject to all applicable international, federal, state and local laws and regulations.

Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the MyQ System. You agree and acknowledge that it is your responsibility, and not the responsibility of CGI or its licensors, to ensure that you comply with any applicable laws when you use the MyQ System, including but not limited to: (1) any laws or regulations relating to the recording or sharing of video or audio content, (2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the MyQ System (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place), and/or (3) any laws or regulations requiring (a) that installation of the MyQ System which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads); and (b) that, if you use your property as a workplace, you comply with laws governing the monitoring of employees.

If your use of the MyQ System is prohibited by applicable laws, then you are not authorized to use the MyQ System.

Copyright/Trademarks

This Site, including images, text, audio and other components therein (“Materials”) are copyrighted materials owned by The Chamberlain Group, Inc. and protected by worldwide copyright laws and treaty provisions. Elements of this Site are also protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, copy, reproduce, modify, publish, upload, post, transmit, or distribute Materials and elements of this Site in any way without The Chamberlain Group’s expressed prior written permission. These Materials and elements include, but are not limited to, names, trademarks, logos, graphics, sounds and images. Except as expressly provided herein, The Chamberlain Group, Inc. does not grant any express or implied right to users under any patents, copyright, trademarks, or trade secrets.

No Warranties

THIS SITE IS DISTRIBUTED ON AN “AS IS” BASIS. THE CHAMBERLAIN GROUP INC. MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CHAMBERLAIN GROUP, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND ACCURACY. FURTHER, THE CHAMBERLAIN GROUP, INC. DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER VIRUSES.

Updates and Errors

THE CHAMBERLAIN GROUP, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD BE OUTDATED OR CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE CHAMBERLAIN GROUP, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. THE CHAMBERLAIN GROUP, INC. HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND THE CHAMBERLAIN GROUP, INC. SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.

YOU AGREE THAT THE CHAMBERLAIN GROUP, INC. AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF THE CHAMBERLAIN GROUP, INC. WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER ́S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THE CHAMBERLAIN GROUP, INC. CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUP TED OR SECURE ACCESS TO THE WEB SITE. FURTHERMORE, YOU AGREE TO INDEMNIFY THE CHAMBERLAIN GROUP, INC. AGAINST LIABILITY FOR ANY AND ALL USE OF THE SITE.

Limitation of Liability for Services Provided by Dealers

YOU UNDERSTAND THAT THE CHAMBERLAIN GROUP, INC. MAY PROVIDE YOU WITH INFORMATION ABOUT OR LINKS TO DEALERS WHO SELL AND/OR SERVICE CHAMBERLAIN GROUP PRODUCTS IN A CERTAIN GEOGRAPHIC AREA. THE CHAMBERLAIN GROUP, INC. HEREBY DISCLAIMS ANY LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY DEALER IDENTIFIED ON THIS SITE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH DEALERS AND YOU HEREBY EXONERATE THE CHAMBERLAIN GROUP, INC. FROM ANY LIABILITY WITH RESPECT TO THE SAME. PLEASE REVIEW THE CHAMBERLAIN GROUP, INC.’S WARRANTY INFORMATION FOR DETAILS ON THE WARRANTY PROVIDED BY THE CHAMBERLAIN GROUP, INC. FOR ITS PRODUCTS.

Confidentiality of User Communications

Except as required by law and in accordance with The Chamberlain Group, Inc.’s Privacy Statement, The Chamberlain Group, Inc. will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to The Chamberlain Group, Inc. Users should be aware that sites, which are linked to and from this Site, may contain confidentiality provisions that differ from the provisions provided herein. The Chamberlain Group, Inc. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. The Chamberlain Group, Inc. does not knowingly collect personal information regarding children.

Jurisdiction and Venue

This Site is controlled and operated by The Chamberlain Group, Inc. from its offices within the United States of America. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the State of Illinois. You and The Chamberlain Group, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County in the State of Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose.

Linked Internet Sites

The Chamberlain Group, Inc. prohibits caching, unauthorized hypertext links to this Site and the framing of any materials available through this Site. The Chamberlain Group, Inc. reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to this Site. Access to any other Internet sites linked to this Site is at your own risk. You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. The Chamberlain Group, Inc. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Violation of Terms and Conditions

The Chamberlain Group, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to this Site.

Miscellaneous

The Chamberlain Group, Inc. operates this Site and reserves the right to change these terms and conditions at any time and from time to time without notice. Changes in these terms and conditions will be effective upon posting or as otherwise specified by The Chamberlain Group, Inc. The failure of The Chamberlain Group, Inc. to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.

If you have any questions regarding these terms and conditions, or the Site, please contact us at (630) 279-3600 (US), 1800-638-234(AU), 0800-653-667(NZ) 0049 6838 907 172 (DE).