Terms & Conditions

ROBERT BOSCH TOOL CORPORATION PROPARTNER PROGRAM

Terms of Use

The https://propartner.boschtools.com website is operated by Robert Bosch Tool Corporation (“Bosch”, “we” or “us”). By visiting the https://propartner.boschtools.com site or by using any of the services provided on the https://propartner.boschtools.com site (collectively, the “Pilot Website”), you hereby agree to be bound by all of the following terms and conditions in these Terms of Use (these “Terms”), as well as the ProPartner Pilot Website Privacy Statement of Robert Bosch Tool Corporation which is located at https://propartner.boschtools.com/privacy-policy and which is incorporated herein by reference (“Privacy Statement”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PILOT WEBSITE OR THE ALPHA AND BETA SERVICES (AS DEFINED BELOW).

THESE TERMS INCLUDE YOUR CONSENT AND AGREEMENT TO MANDATORY ARBITRATION, RATHER THAN PROCEEDING IN COURT, WITH RESPECT TO YOUR ACCESS TO AND/OR USE OF ANY OF THE PILOT WEBSITE OR THE ALPHA AND BETA SERVICES, THESE TERMS OR THE PRIVACY STATEMENT . IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

BY USING THE PILOT WEBSITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

1. Overview; Changes.

a. Pilot. Through the Pilot Website, certain select entities which are members of the Bosch ProPartner customer program (“Pilot Participant” or “you” or “your” or “Customer”) are provided with access via the Pilot Participant’s Account (as defined below) to services having new and previously unreleased functions or functionalities (“Alpha and Beta Services”). Alpha and Beta Services are provided for trial purposes only, and are not a part of the ProPartner Program. Bosch may discontinue Alpha and Beta Services at any time, without prior notice to you and Bosch may decide to never make Alpha and Beta Services available as a service or part of the Bosch ProPartner Program.

Alpha and Beta Services are not intended for any resale, production or any other commercial use.

THE PILOT WEBSITE AND THE ALPHA AND BETA SERVICES are provided “as is” AND “AS AVAILABLE” without warranty of any kind AND BOSCH MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR STATUTORY, AS TO PILOT WEBSITE OR THE ALPHA AND BETA SERVICES. BOSCH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. BOSCH DOES NOT WARRANT THAT THE ALPHA AND BETA SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS OR THAT THE ALPHA AND BETA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. Bosch does not warrant that the use of ALPHA AND BETA SERVICES will not be impaired by downtime, maintenance activities, further developments, updates and/OR upgrades or malfunctions.

b. Changes. These Terms may change from time to time. When accessing the Pilot Website, or through other means of notice as provided in Notices, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Pilot Website, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.

2. Eligibility, System Requirements.

a. Eligibility. Pilot Participants must be entities duly formed and validly existing within the United States and must be current, active members of the Bosch® ProPartner™ Program. Primary Users and Authorized Users (as each such term is defined below) may be individuals acting as employees or authorized agents of a Pilot Participant. Only persons aged 18 years or older may access the Pilot Website and use the Alpha and Beta Services. By using the Services, you represent and warrant that you are at least 18 years old and are an authorized employee or contractor of a Pilot Participant to bind the Pilot Participant to these Terms and otherwise have the capacity to contract.

b. United States. The Pilot Website and the Alpha and Beta Services are only intended for use by entities located in or using the Alpha and Beta Services in connection with facilities located in the United States, its territories and possessions. If you use or attempt to use the Pilot Website or the Alpha and Beta Services from outside of the US, you do so at your own risk and must comply with applicable laws (including data privacy regulations) in these other countries. Bosch makes no representations or warranties that the Pilot Website or the Alpha and Beta Services will operate or comply with applicable laws anywhere other than in the US.

c. System Requirements. The Pilot Website and the Alpha and Beta Services will not be accessible without: (i) a working access to data or cellular connectivity that can communicate reliably with the Pilot Website and the Alpha and Beta Services; (ii) an Account (as such term is defined below); (iii) a personal computer, tablet or smartphone capable of accessing and interacting with the Pilot Website; and (iv) other system elements that may be specified by Bosch. It is your responsibility to ensure that: (A) you have all required system elements; and (B) they are compatible and properly configured.

3. Accounts.

a. Your Account. You are required to register for a central Bosch ID (“Account”) to use the Pilot Website and the Alpha and Beta Services. For more information on the central Bosch ID, please see “Registration Via the Central Bosch ID” below. During the registration process, you must provide certain information about yourself and the entity you represent as prompted by the Account registration form. You represent and warrant that: (i) all required Account information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) your use of the Alpha and Beta Services does not violate any U.S. or Canadian (depending upon your country of residency) applicable law or regulation; and (iv) your facility(ies) or your residence(s) where the applicable Bosch Products are located for use of the Alpha and Beta Services is (are) in the U.S. or Canada. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Bosch ProPartner customer support (email: [email protected]; phone: 800-326-1650) of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Bosch is not liable for any loss or damage arising from your failure to comply with the above requirements.

b. Registration Via the Central Bosch ID. You may register for Bosch online offers exclusively using the central Bosch ID. The centralized Bosch ID was devised by Robert Bosch GmbH for the Bosch Group in order to allow for the joint users to benefit from offers of different group companies using centralized application data and increase data safety.

Robert Bosch GmbH, Robert - Bosch - Platz 1 70839 Gerlingen - Schillerhöhe, Germany (“RBG”) is responsible for the provision of this single sign-on service.

If you want to apply for a centralized Bosch ID, the General Terms of Use for the Registration and Use of a centralized Bosch ID and the Data Protection Notice of RBG shall apply.

After successful registration you may utilize the registration data used for the centralized Bosch ID also for registering for this online offer. To this end, we shall provide an RBG registration template for the centralized Bosch ID. RBG then shall confirm your authorization and provide us with the master data required for using Bosch offers (e.g. surname, first name, date of birth, company name, email address, telephone numbers, mail address). Your password shall not be communicated to us.

Concerning further data transfers within the Bosch Group associated with the centralized Bosch ID, please refer to the Data Protection Notice. You may cancel your user agreement concerning the centralized Bosch ID at any time by unregistering. To this end, please click on the following link: https://myaccount.bosch.com/BeaPUssWeb/unregistration.

c. Primary Users and Authorized Users. The individual who creates an Account is the “Primary User” of that Account. Primary Users may authorize other individuals to access a Primary User’s Services (“Authorized Users”). Authorized Users may have the ability to use the Pilot Website or the Alpha and Beta Services. Authorized Users may also have the ability to view information (including limited personal information) and content across all of a Primary User’s Account on the Pilot Website, Alpha and Beta Services and certain Affiliated Sites. The Primary User agrees to be fully responsible for all actions taken by his or her Authorized Users relating to the Primary User’s Account and access to the Pilot Website, the Alpha and Beta Services and all such Affiliated Sites. For the avoidance of doubt, these Terms apply to any and all Primary Users and Authorized Users. Authorized Users are not authorized to give access to your Account, or to the Alpha and Beta Services, to any individual or entity. As a Primary User, you should authorize only those individuals that you trust to access your Account and Alpha and Beta Services.

4. Alpha and Beta Services.

The Pilot Website provides access to the following Alpha and Beta Services:

a. ProPartner Dashboard. The Pilot Website provides a dashboard to your Bosch ProPartner Program status, which will allow you to view certain information about your participation in the Bosch ProPartner Program and certain Alpha and Beta Services, including, without limitation, an estimate of your Bosch ProPoints for the current purchase period under the Bosch ProPartner Program, your current Bosch ProPartner Program tier, recent repair activity, repair requests tracking and repair history and certain information presented from your organization’s Bosch Bluehound™ account. You agree to permit the Pilot Website to access your Bosch ProPartner Program information and Bosch Bluehound account information in order to display this information. You acknowledge that the information provided in this dashboard is provided for informational purposes only, may not be correct or up-to-date and should not be relied upon for any purpose whatsoever.

b. ProPartner Profile Viewing and Management. The Pilot Website permits you to view and manage certain information relating to the Pilot Participant’s organization and use of the Alpha and Beta Services (your “Pilot Information”), including, without limitation, contact information for your Primary User (name, title, phone number, fax number, notification preferences), notification preferences, company information, whether you have an active Bosch Bluehound account and information about the Pilot Participant’s warehouse and jobsite locations. You represent and warrant that all such information is truthful and accurate; and you will maintain the accuracy of such information.

c. Tool Repair Requests, Pickup, Tracking and History. The Pilot Website permits you to schedule pickup of Bosch® brand power tools for repair. In order to schedule a repair, your profile location information for both pickup and drop-off of your Bosch brand power tools for repair must be accurate and up-to-date.

By submitting a repair request, you thereby (i) authorize Bosch and its authorized agents to enter and remain upon the applicable jobsite or location for the purpose of picking up, or returning, as the case may be, the applicable Bosch® brand power tools and transporting them to a Bosch-authorized service center, (ii) certify that you have full right and authority to grant such rights to Bosch and its authorized agents, and that no other consent or permission from any person, firm or entity is necessary in order to enable Bosch and/OR its authorized agents to exercise such rights, (iii) release, waive and discharge Bosch, and its owners, affiliates, officers, directors, parent corporations, agents and employees (collectively, “Releasees”), from all liability, claims, demands, losses or damages arising in any manner out of Bosch and its agents (a) performance of the repair pickup Alpha and Beta Services, or (b) presence or activity on the applicable jobsite or location in connection with such repair pickup Alpha and Beta Services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY applicable SIMILAR PROVISION IN ANY OTHER JURISDICTION.

d. Tool Repair Tracking and History. The Pilot Website will allow you to view certain information about the status of your tool repair requests and your tool repair history. You will be informed whether your repair is covered by your Bosch ProPartner Program extended warranty via the Pilot Website. If your tool repair is covered by your Bosch ProPartner Program extended warranty, the Pilot Website may provide you with an estimate of the savings provided by your warranty, as compared to the non-warranty repair cost for such tool. If your repair is not covered by your Bosch ProPartner Program extended warranty, you will prompted to contact customer service to determine whether to proceed with an out-of-warranty repair. You acknowledge that the tool repair tracking and history information is provided for informational purposes only, may not be correct or up-to-date and should not be relied upon for any purpose whatsoever.

5. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Pilot Website. Bosch reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to canceling your access, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Statement.

6. Affiliated Website Links and Services.

The Pilot Website may contain links to other Bosch sites or sites of affiliates of Bosch (collectively, “Affiliated Sites”). The Pilot Website provides these links only as a convenience. Your use of these Affiliated Sites and any related services are outside the scope of these Terms and the Privacy Statement, and are instead subject to the terms of use and privacy statements located on such Affiliated Sites.

7. Third Party Website Links and Referrals.

The Pilot Website may also contain links to other web sites that are operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under Bosch’s control. Bosch provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third Party Sites or Referred Vendors. Your access to and use of these Third Party Sites is at your own risk. Bosch does not transfer any personal information or session information to any Third Party Sites or Referred Vendors.