Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU OBJECT TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US WILL BE RESOLVED, INCLUDING A JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND AN ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, EXCEPT IN LIMITED CIRCUMSTANCES, UNLESS YOU AFFIRMATIVELY OPT OUT. FOR MORE DETAILS ON THESE MATTERS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.

These Terms and Conditions (“Terms”) constitute an agreement between you (“you” or “your”) and iRobot Corporation (collectively, “iRobot,” “Company,” “we,” “us,” or “our”) that sets forth the legally binding terms and conditions for your use of our website, www.irobot.com, and any related websites, applications, online stores, or platforms (collectively, the “Website”), any products made available or purchased through the Website (the “Products”), and any information, tools, content, features, functionality, communications, programs, promotions, and services available via the Website (the “Services”).  

The Company offers the Website, Services, and Products to you conditioned upon your acceptance of all terms, conditions, policies and notices referenced under these Terms, including those additional terms, conditions, and policies available via hyperlink. By accessing and using the Website, you acknowledge and agree to abide by the following Terms. If you object to these Terms, do not access or continue to use the Website.  

Section 1 - Revisions to these Terms and Conditions. You and the Company agree that the Company may modify these Terms. To the extent permitted by applicable law, you agree that any modifications will take effect immediately upon posting on the Website and be binding on you with your continued use of the Website thereafter. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Website. You should review the current Terms and any other applicable legal notices and terms located on particular pages whenever you visit the Website. YOUR CONTINUED USE OF THE WEBSITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.

Section 2 - Products, Content and Specifications. All features, content, specifications, and prices of Products and Services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. The Company and its parents, subsidiaries, affiliates, agents, licensors, suppliers, contractors, and each of their respective directors, officers, employees, agents, interns, and shareholders (collectively, the “Company Parties”) which operate certain portions of this Website pursuant to agreements with the Company make all reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products or Services on this Website at a particular time does not imply or warrant that these Products or Services will be available for purchase at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.

Section 3 - Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Section 4 - Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website. For example, Products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any Product or Service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.

Section 5 - Use of this Website. This Website, including its design, text, graphics, content, visual materials, and all information contained on this Website (collectively, the “Information”), is copyrighted and protected by worldwide copyright laws and treaty provisions. The Information that the Company authorizes you to view and download is provided solely for your personal, non-commercial use and is subject to the following conditions: (1) you must retain, on all copies of the Information downloaded, all copyright and other proprietary notices contained in such Information; (2) you may not modify the Information in any way, reproduce, publicly display, distribute, or otherwise use such Information for any public or commercial purpose; and (3) you must not transfer the Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. 

Except as expressly provided herein, iRobot does not grant any express or implied right or license to you under any patents, design patents, trademarks, copyrights, or trade secret information.

Section 6 - Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by us or our respective affiliates. iRobot does not make any representation whatsoever regarding the content of any other website, which you may access from the Website. When you access a non-iRobot website, please understand that it is independent from iRobot and that iRobot does not have any control over the content on that website. A link to a non-iRobot website does not mean that iRobot endorses or accepts any responsibility for the content or use of such website. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of the Company Parties are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of the Company Parties endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Website, as they may be different from these Terms. 

The contents of this Website are ©2016 iRobot Corporation. All rights reserved.

Section 7 - Trademarks. iRobot owns a number of trademarks used on this Website, including, but not limited to, iRobot and its figure, Roomba, Mirra, Looj, Braava, Braava jet, Ava, RP-VITA, and Create. Those trademarks followed by a “®” or “TM” are registered trademarks of iRobot in the United States; all others marks are trademarks or common law marks of iRobot in the United States, except as noted below. Failure of a mark to appear on this Website does not mean that iRobot does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market. Other trademarks, trade names, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of iRobot or such other owner.

Section 8 - Linking to this Website. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations.

Section 9 - Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Section 10 - User Information. Other than personally identifiable information, which is subject to iRobot’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication that you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and the Company Parties and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Section 11 - Customer Reviews. Visitors may submit reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” 

If you do submit material, and unless we indicate otherwise, you grant iRobot, or its assigns, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant iRobot, or its assigns, the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iRobot for all claims resulting from content you supply. iRobot has the right but not the obligation to monitor and edit or remove any activity or content. iRobot takes no responsibility and assumes no liability for any content posted by you or any third party.

Section 12 - Submissions. iRobot’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this site submit or send any original creative materials, including, but not limited to, submissions of suggestions, ideas or concepts related to current or future products or business ideas. If at our request you send certain specific submissions (e.g., customer reviews) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”), the Submissions shall be deemed and shall remain the property of iRobot in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants iRobot the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that iRobot chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against iRobot relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract, or breach of confidentiality.

SECTION 13 - DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES, AND PRODUCTS, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED BY THE iRobot® Limited Warranty AND ANY OTHER APPLICABLE WARRANTIES PROVIDED BY THE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS OF THE PRODUCTS OR SERVICES, THE WEBSITE, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THE COMPANY AND COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED BY LAW, BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE, Services, OR PRODUCTS AND THE COMPANY AND COMPANY PARTIES MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. TO THE EXTENT PERMITTED BY LAW, IROBOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, NOT EXPRESSLY PROVIDED BY THE iRobot® Limited Warranty OR OTHER APPLICABLE WARRANTIES OF THE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS OF THE PRODUCTS OR SERVICES. 

NEITHER WE NOR ANY OF THE COMPANY PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NEITHER WE, NOR ANY OF THE COMPANY PARTIES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS. THE COMPANY AND COMPANY PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION AND MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF IMPLIED OR OTHER WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

SECTION 14 - LIMITATIONS OF LIABILITY. We do not assume any responsibility, and we will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF THE COMPANY PARTIES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, THE SERVICES, OR PRODUCTS 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.

IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 15 - Time Limitation for Claims. ANY CLAIMS AGAINST THE COMPANY OR THE COMPANY PARTIES RELATING IN ANY WAY TO THESE TERMS, THE WEBSITE, SERVICES, OR PRODUCTS, MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE (1) YEAR. IF NOT COMMENCED WITHIN THE APPLICABLE PERIOD, YOU AGREE THAT YOU ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

Section 16 - Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

Section 17 - 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 our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at customercare@irobot.com or by phone at 1.800.727.9077. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

SECTION 18 - DISPUTE RESOLUTION. 

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.

AGREEMENT TO ARBITRATE. YOU AND THE COMPANY EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR CAUSES OF ACTION BETWEEN YOU AND THE COMPANY, OR BETWEEN YOU AND THE COMPANY PARTIES, THAT ARISE, HAVE ARISEN, OR RELATE IN ANY WAY TO THE WEBSITE, SERVICES, PRODUCTS, THESE TERMS, OR ANY OTHER TRANSACTION OR INTERACTION, WHETHER OCCURRING IN THE PAST, PRESENT, OR FUTURE, INVOLVING YOU AND THE COMPANY OR COMPANY PARTIES (“CLAIMS”) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS. The only exceptions are: (i) if the Claim qualifies for small claims court in the jurisdiction in which you reside or Middlesex County, Massachusetts, then you or we may sue there instead; (ii) you or we may seek injunctive relief in court to stop infringement or misuse of intellectual property rights including, by way of example, trade secret misappropriation, patent infringement, copyright infringement or misuse, and/or trademark infringement or dilution; (iii) all disputes about whether you or we complied with the mandatory pre-arbitration notice and informal resolution procedure set forth below (which is a condition precedent to filing arbitration) must be decided by a court and not by an arbitrator; and (iv) claims opted out of arbitration after Stage One and Stage Two pursuant to the Additional Procedures for Mass Arbitration contained herein. This Agreement to Arbitration will apply to all other Claims regardless of when they arose, which means you and we are each waiving our right to sue in court and have a judge or jury trial. 

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. A court review of an arbitration award is limited. 

Mandatory Pre-Arbitration Notice and Informal Resolution. If you have a Claim that is subject to this arbitration agreement, you must first contact customer service as provided in Section 17 of the Terms to try to resolve it. If customer service cannot resolve it and you wish to pursue arbitration, you must first send the Company a notice of the Claim (“Notice of Claim”) that sets forth your name, address, and contact information, the facts giving rise to the Claim, and your requested relief. The notice to the Company must be signed by you, if you are an individual, or by an entity executive or officer, if you are an entity, and be addressed to legal@irobot.com or Corporate Headquarters, iRobot Corporation 8 Crosby Drive, Bedford, MA 01730. The Company will likewise provide you with a Notice of Claim by certified mail or email to the most recent address or email we have on file for you if the Company has an arbitrable Claim. 

Upon receipt of a Notice of Claim concerning a Claim subject to this arbitration agreement, You and the Company agree to attempt in good faith to resolve the Claim through informal negotiations for sixty (60) days after the Notice of Claim is received. If you or we request a settlement conference during this period, you and we agree to cooperate in scheduling that conference and to personally participate in it by phone or video conference. Either side may bring counsel, but the conference must be individualized to your or our Claim, even if counsel represents other parties. 

You and we agree that contacting customer service and completing the Notice of Claim, the 60-day negotiating period, and any timely requested settlement conference are prerequisites to filing an arbitration (and to JAMS accepting that filing or initiating proceedings). If you commence arbitration without first contacting customer service or either of us commence arbitration without first completing the Notice of Claim, without participating in any timely requested settlement conference, and/or before the expiration of the 60-day negotiating period, a court of competent jurisdiction may stay or enjoin the arbitration until these requirements have been satisfied. All applicable limitations periods shall be tolled from the date of receipt of a Notice of Claim through the conclusion of this informal resolution process. 

Whether a party has complied with this mandatory pre-arbitration notice and informal resolution procedure is an issue for a court of competent jurisdiction to decide. 

Although the Company encourages you to attempt to resolve any dispute informally before bringing an individual action in small claims court, as discussed below, the informal resolution process is a mandatory prerequisite only to arbitration. 

CLASS ACTION WAIVER. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND THE COMPANY AGREE THAT ALL CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED BY THESE TERMS, OR UNLESS YOU AND THE COMPANY CONSENT IN WRITING, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED OR DECISION MADE CANNOT AFFECT OTHER CUSTOMERS OF THE COMPANY.

Arbitration Procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution provision. Any arbitration shall be administered by JAMS in accordance with JAMS Streamlined Arbitration Rules and Procedures (“Streamlined Rules”). In the event of a Mass Arbitration, as defined in the JAMS Mass Arbitration Procedures and Guidelines, you and the Company expressly agree that the arbitration shall also be governed by JAMS Mass Arbitration Procedures and Guidelines (together with the Streamlined Rules, the “JAMS Rules”), except as modified by these Terms. 

If there is a conflict between JAMS Rules and the rules set forth in this Dispute Resolution provision, the rules set forth in this Dispute Resolution provision will govern. 

Arbitration Fees. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay only $50, subject to the limitations provided in the JAMS Mass Arbitration Procedures Fee Schedule as applicable, and iRobot will pay all other administrative costs and fees, provided that you have complied with the mandatory pre-arbitration notice and informal resolution procedure required herein. For such claims, iRobot will reimburse you for the $50 fee if the arbitrator rules in your favor. For any arbitration initiated before the completion of the mandatory pre-arbitration notice and informal resolution procedure required herein, the initiating party shall be responsible for and required to pay any applicable filing, administration, or arbitrator fees up to the maximum amount allowable under JAMS Rules and policies, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness as applicable. In the event the arbitrator determines that either the substance of your or the Company’s claim or the relief sought was frivolous or brought for an improper purpose, then you or the Company may seek to recover from the other party any fees paid, including attorneys’ fees, to the extent permitted by the JAMS Rules and policies, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness as applicable, and applicable law.

Authority of Arbitrator. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, except as otherwise provided herein. The arbitrator will decide the rights and liabilities, if any, of you and the Company, 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 JAMS Rules, and the Terms. 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 the Company. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.

Additional Procedures for Mass Arbitration. In the event of a Mass Arbitration, as defined by the JAMS Rules, you and the Company agree that these Additional Procedures for Mass Arbitration shall apply. To the extent these procedures conflict with the JAMS Mass Arbitration Procedures and Guidelines, these Additional Procedures for Mass Arbitration shall control. 

You understand and agree that by participating in a Mass Arbitration, the resolution of your Claim may be delayed and ultimately proceed in court if not resolved through the process set forth below. If your Claim is part of a Mass Arbitration, any applicable limitations period shall be tolled for your Claim from the time that your Claim is first submitted to JAMS until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision. 

The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Claims, streamline procedures, address the informal exchange of information, modify the number of Claims to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Claims. 

Stage One: Counsel for the claimants and counsel for the Company shall each select three (3) Claims to proceed as cases in individual arbitrations as part of this initial staged process. The number of Claims to be selected to proceed in Stage One can be increased by agreement of counsel for the parties. Each of the six Claims shall be assigned to a different arbitrator and proceed individually, except that discovery shall be consolidated. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of Stage One. The remaining Claims shall not be assigned an arbitrator and shall be stayed pending resolution of the initial six Claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a mediator jointly selected by the parties in an effort to resolve the remaining Claims (as informed by the adjudications of cases in Stage One), and the Company shall pay the mediator’s fee.

Stage Two: If the remaining Claims have not been resolved at the conclusion of Stage One, counsel for claimants and counsel for the Company shall each select 12 Claims per side to be filed and to proceed as cases in individual arbitration as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be increased or decreased by agreement of counsel for the parties. Each of the 24 Claims shall be assigned to a different arbitrator, except that arbitrators who presided over a case in Stage One may be appointed to preside over a Claim that proceeds as part of Stage Two, unless either party objects, and proceed individually, except that discovery shall be consolidated. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of Stage Two. The remaining Claims shall not be assigned an arbitrator and shall be stayed pending resolution of the 24 Claims part of this Stage Two. After this second set of staged proceedings, counsel for the parties shall participate in a global mediation session with a mediator jointly selected by the parties in an effort to resolve the remaining Claims (as informed by the adjudications of cases in Stage One and Stage Two), and the Company shall pay the mediator’s fee.

Upon completion of the mediation set forth in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms, including, but not limited to, the Class Action Waiver contained in this provision. Counsel for the parties, however, may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. 

A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. These Additional Procedures for Mass Arbitration and each of their requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

Hearing Format. The arbitration shall occur in one of the following locations: (i) your county of residence; (ii) Middlesex County, Massachusetts; (iii) virtually; or (iv) as mutually agreed upon between you and the Company. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described above is triggered, then the location of any hearing will be determined by the arbitrator. 

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your county of residence or Middlesex County, Massachusetts, if the action is within that court’s jurisdiction and is pending only in that court.    

OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this Dispute Resolution PROVISION by sending a letter to the Company at  legal@irobot.com or Corporate Headquarters, iRobot Corporation 8 Crosby Drive, Bedford, MA 01730, within thirty (30) calendar days of your initial agreement to these Terms, that specifies: (1) Your Name; (2) the URL of THESE TERMS; (3) Your Address; (4) Your Phone Number; AND (5) A clear statement that you wish to opt out of this Dispute Resolution PROVISION. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Severability. If any provision in this Dispute Resolution provision is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire “Dispute Resolution” provision shall be null and void. The terms of this section shall otherwise survive any termination of these Terms.

Section 19 – Choice of Law and Jurisdiction. These Terms shall be governed and interpreted in accordance with the laws of the United States and the State where your purchase is made or where you access the Website, excluding its conflict of laws rules. The parties exclude the application of the Convention on Contracts for the International Sale of Goods to these Terms. For any claim or dispute with the Company relating to the Website, Services, Products, or these Terms not governed by the Agreement to Arbitrate or Small Claims Court provision, you expressly agree that such claim or dispute shall be resolved in the United States District Court for the District of Massachusetts, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction does not exist in the United States District Court for the District of Massachusetts, then the exclusive forum and venue for any such claim or dispute shall be the courts of the State of Massachusetts located in Middlesex County, Massachusetts, and you submit to the personal jurisdiction of that court. In the event of any violation of these Terms, the Company reserves the right to seek all remedies available under law and equity for such violations.

Section 20 - Severability. The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision 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 so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

Section 21 - Additional Assistance. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at customercare@irobot.com or by phone at 1.800.727.9077.

For more information on User Generated Content Terms of Use, please click here.

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iRobot’s Pet Owner Official Promise

Section 22 - iRobot’s Pet Owner Official Promise. With your purchase of a new iRobot® j series product (the “J Series Product”) during the offer period, you are eligible for iRobot’s Pet Owner Official Promise (the “Promise”) offered by iRobot at no additional cost. The J Series Product’s pet waste avoidance feature is enabled when you connect to the iRobot HOME app.

If your J Series Product is soiled due to a failure to avoid solid cat or dog waste, iRobot will provide you with a replacement product free of charge. This Promise is valid for the original owner for up to one (1) year from date of purchase (the “Promise Period”) with proof of purchase and when purchased directly from iRobot or an iRobot authorized seller/dealer/reseller in the United States of America and Canada. This Promise does not apply to the non-avoidance of materials other than solid waste, including but not limited to: non-solid waste, waste from animals other than cats or dogs, hairballs, or vomit. THIS PROMISE DOES NOT PROVIDE ANY REMEDY OR REIMBURSEMENT FOR DAMAGES TO CARPETS, FLOORS, OR OTHER ITEMS, OR CLEANING OF SUCH ITEMS.

If you wish to make a claim under this Promise, please contact iRobot at (877) 855-8593. When contacting iRobot, please have the serial number of your J Series Product ready, pictures of the soiled robot, and the original proof of purchase from iRobot or an iRobot authorized seller/dealer/reseller that shows the date of purchase and full details of the Product. iRobot’s Customer Care team will advise you of the process involved in making a claim. Any claim under this Promise is subject to you notifying us of the incident within a reasonable time of it coming to your attention and no later than the expiration of the Promise Period. If a claim is received within the Promise Period and the J Series Product is found to have failed to meet this Promise, then we shall, at our option: (a) exchange the J Series Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original J Series Product, or (b) exchange the J Series Product with a product that is new and upgraded model which has at least equivalent or upgraded function to the original J Series Product. A replacement product is your sole and exclusive remedy under this Promise. As far as applicable laws permit, the Promise Period will not be extended or renewed or otherwise affected due to subsequent exchange, resale, repair or replacement of the J Series Product. However, replacement products received as a result of a claim made under this Promise during the Promise Period will be eligible for the Promise for the remainder of the original Promise Period or for ninety (90) days from the date of replacement, whichever is longer. 

Replacement products will be returned to you as soon as commercially practicable. All parts of the J Series Product that we replace shall become our property.

This Promise is provided separately from iRobot’s Limited Product Warranty for Roomba® j series products. Further, this Promise is provided separately from any service provided by iRobot, including, but not limited to, iRobot Protect, iRobot Protect+, and iRobot Select. Making a claim under this Promise does not affect nor extend your Limited Product Warranty or any other service agreement that you may have with iRobot. Further, this Promise does not affect your statutory rights under the laws relating to the sale of consumer products.