User Manual
Whistle Info
FCC Compliance Statement: This device complies with Part 15 of the FCC
Rules.
Operation is subject to the following two conditions:
1. This device may not cause harmful interference, and
2. This device must accept any interference received, including interference
that may cause undesired operation.
Warning: Changes or modifications not expressly approved by the party
responsible for compliance could void the user’s authority to operate the
equipment.
Note: This equipment has been tested and found to comply with the limits for
a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are
designed to provide reasonable protection against harmful interference in a
residential installation. This equipment generates uses and can radiate radio
frequency energy and, if not installed and used in accordance with the
instructions, may cause harmful interference to radio communications.
However, there is no guarantee that interference will not occur in a particular
installation. If this equipment does cause harmful interference to radio or
television reception, which can be determined by turning the equipment o
and on, the user is encouraged to try to correct the interference by one of the
following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different from that to
which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician for help.
This portable transmitter with its antenna has shown compliance with FCC’s
SAR limits for general population / uncontrolled exposure.
The maximum listed SAR level is:
• 0.61 W/kg (body).
The antenna used for this device must not be co-located or operating in
conjunction with any other antenna or transmitter.
Canadian Compliance Statement: This Device complies with Industry
Canada License-exempt RSS standard(s).
Operation is subject to the following two conditions:
1. This device may not cause harmful interference, and
2. This device must accept any interference, including interference that may
cause undesired operation of the device.
Ce dispositif est conforme aux normes CNR exemptes de licence d'Industrie
Canada. Le fonctionnement de ce dispositif est autorisé sous réserve des
deux conditions suivantes:
1. Ce dispositif ne doit pas produire de brouillage et
2. L'utilisateur du dispositif doit être prêt à accepter tout brouillage
radioélectrique reçu même si ce brouillage est susceptible de
compromettre le fonctionnement du dispositif
.
Whistle Product Terms of Sale
IMPORTANT: YOU MUST READ AND AGREE TO THESE WHISTLE PRODUCT
TERMS OF SALE (“AGREEMENT”) BEFORE OPENING OR USING THE WHISTLE
ACTIVITY MONITOR (THE “PRODUCT”) IN ANY WAY. IF YOU DO NOT AGREE
TO ALL OF THESE TERMS, YOU HAVE NO RIGHT TO USE THE PRODUCT,
AND YOU MUST, WITHIN THIRTY (30) DAYS OF YOUR RECEIPT OF THE
PRODUCT, (A) CONTACT WHISTLE LABS, INC. (“WHISTLE,” “WE,” “US,” “OUR”)
AT SUPPORT@WHISTLE.COM AND (B) ARRANGE FOR THE RETURN OF AND
REFUND FOR THIS PRODUCT DIRECTLY FROM THE SOURCE FROM WHICH
YOU PURCHASED IT. WHISTLE WILL REASONABLY ASSIST YOU WITH
RETURNS AND REFUNDS. IF YOU WISH TO RETURN THIS PRODUCT
BECAUSE YOU DO NOT AGREE WITH ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, SUCH RETURNS WILL ONLY BE
ACCEPTED BY THE PURCHASE SOURCE IF THE PRODUCT IS IN ITS
ORIGINAL PACKAGING.
This Agreement shall govern the sale and license to you (“User,” “you,” “your”)
of the Product by Whistle. The Product is designed to be used in connection
with the Service(s) (as that term is defined in the Terms of Use, available at
http://www.whistle.com/terms-of-service) offered by Whistle. This Agreement
shall apply only to the Product itself, and not the Services. Your use of the
Services shall be governed by the Terms of Use.
You understand and agree that references herein to the “Product” shall mean all
parts and components of the Product (including without limitation the Software
and any documentation provided by Whistle in connection with the Product).
Product Use
You may only use the Product for User’s own personal, non-commercial use.
As a condition to using the Product, User must sign up for an account with
Whistle by downloading the Application and, if applicable, pay any fees
associated with such account (as further explained in the Terms of Use). User
understands and acknowledges that the Product may not function properly if
User does not keep his or her Whistle account current and up-to-date, and
pay any fees due, if applicable. Except as expressly set forth herein, all fees
paid hereunder and/or with respect to the Product are nonrefundable.
License
Subject to the terms and conditions of this Agreement and the Terms of Use,
Whistle hereby grants a non-exclusive, non-sublicenseable, non-transferrable
license to User to use the object code version of any software incorporated or
embedded into the Product (“Software”), only for User’s personal,
non-commercial purposes in conjunction with User’s use of the Product and only
in and as part of the specific hardware into which it is incorporated or designated
by Whistle. Except for the license granted under this Section, Whistle and its
licensors shall retain all rights, title, and interest in and to the Software and all
copies thereof. Notwithstanding anything herein or in the Terms of Use to the
contrary, Software provided as part of the Product is licensed, not sold.
This license shall commence on the date a User first uses the Product and will
remain in eect in perpetuity, unless earlier terminated in accordance with the
provisions of this Section. Whistle may terminate this license immediately upon
notice to User, for any reason or for no reason. Upon such termination, User
shall have no further right to use the Software for any reason and shall cease
use of the Software immediately. The following sections of this Agreement will
survive any termination of User’s license to the Software: Warranty Disclaimer,
Use Restrictions, Liability Limitation, Dispute Resolution, and General.
Support
Whistle offers email-based support. You may contact our support desk at
support@whistle.com. Whistle does not make any promises regarding how
quickly we will respond to your request for support, or that we will be able to fix
any problems you may be having. Any suggestions by Whistle regarding use of
the Product shall not be construed as a warranty.
Warranty Disclaimer
EXCEPT AS SPECIFICALLY PROVIDED HEREUNDER, AND TO THE FULLEST
EXTENT ALLOWED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS"
AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF
PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. WHISTLE AND ITS DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (A) ANY DEFECTS OR
ERRORS IN THE PRODUCT WILL BE CORRECTED; (B) THE PRODUCT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THE RESULTS OF
USING THE PRODUCT WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE
PRODUCT IS SOLELY AT YOUR OWN RISK. USER UNDERSTANDS AND
ACKNOWLEDGES THAT THE PRODUCT MAY BE USED IN CONNECTION WITH
PRODUCTS PROVIDED BY A THIRD PARTY, AND WHISTLE MAKES NO
WARRANTY REGARDING THIRD PARTY PRODUCTS OR SERVICES. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS.
Use Restrictions
User shall not: (a) distribute, market, resell, transfer, or allow any other individual
to use the Product; (b) use the Product in connection with any products or
services not supplied or provided by Whistle or otherwise approved by
Whistle-supplied documentation; (c) remove any proprietary notices, labels, or
marks on or in the Product; or (d) decipher, decompile, disassemble, reverse
engineer, or otherwise attempt to derive any source code or underlying ideas or
algorithms of any part of the Product (including without limitation the Software),
except to the limited extent applicable laws specifically prohibit such restriction.
Third Party Products or Services
The Product may be used in connection with a product or service provided by
a third party. Whistle is not responsible for and does not endorse any
third-party product or service. ANY USE OF THIRD PARTY PRODUCTS OR
SERVICES IS SOLELY AT YOUR OWN RISK.
Liability Limitation
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHISTLE,
NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT
PROVIDERS, LICENSORS OR RESELLERS BE LIABLE UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY
WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS
OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE
GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE PRODUCT (III) FOR ANY
DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE PRICE PAID BY
USER FOR THE PRODUCT (IV) FOR ANY MATTER BEYOND ITS OR THEIR
REASONABLE CONTROL, EVEN IF WHISTLE HAS BE ADVISED OF THE
POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO USER.
Export
Notwithstanding anything else, User may not provide to any person or export or
re-export or allow the export or re-export of the Product, Services or any
software or anything related thereto or any direct product thereof (collectively
“Controlled Subject Matter”), in violation of any restrictions, laws or regulations of
the United States Department of Commerce, the United States Department of
Treasury Oce of Foreign Assets Control, or any other United States or foreign
agency or authority. Without limiting the foregoing, User acknowledges and
agrees that the Controlled Subject Matter will not be used or transferred or
otherwise exported or re-exported to countries as to which the United States
maintains an embargo (collectively, “Embargoed Countries”), or to or by a
national or resident thereof, or any person or entity on the U.S. Department of
Treasury’s List of Specially Designated Nationals or the U.S. Department of
Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The
lists of Embargoed Countries and Designated Nationals are subject to change
without notice. Use of the Product is representation and warranty that the user is
not located in, under the control of, or a national or resident of an Embargoed
Country or Designated National. The Controlled Subject Matter may use or
include encryption technology that is subject to licensing requirements under
the U.S. Export Administration Regulations.
Dispute Resolution
User agrees that any cause of action arising out of or related to the Product must
commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. The Terms of Use shall be governed by
and construed in accordance with the laws of the State of California, excluding its
conflicts of law rules. Any dispute arising from or relating to the subject matter of
this Agreement shall be finally settled by arbitration in Santa Clara County,
California, using the English language in accordance with the Arbitration Rules
and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then
in eect, by one commercial arbitrator with substantial experience in resolving
commercial contract disputes. The prevailing party in the arbitration (or
permissible court action described below) shall be entitled to receive
reimbursement of its reasonable expenses incurred in connection therewith.
Judgment upon the award so rendered may be entered in a court having
jurisdiction. Notwithstanding the foregoing, each party shall have the right to
institute an action in a court of proper jurisdiction for injunctive or other equitable
relief pending a final decision by the arbitrator. For all purposes of this
Agreement, the parties consent to exclusive jurisdiction and venue in the state
and federal courts located in the Northern District of California.
General
This Agreement is the entire agreement between User and Whistle with respect to
the Product, and supersedes all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between User and Whistle with
respect to the Product. Notwithstanding the foregoing, the parties acknowledge
the existence and validity of the Terms of Use. In the event of any conflict between
this Agreement and the Terms of Use, this Agreement shall control with respect to
the subject matter of this Agreement only. If any provision of this Agreement is
found to be unenforceable or invalid, that provision will be limited or eliminated to
the minimum extent necessary so that this Agreement will otherwise remain in full
force and eect and enforceable. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any further
rights hereunder. This Agreement is personal to User, and is not assignable or
transferable by User except with Whistle's prior written consent. Whistle may
assign, transfer or delegate any of its rights and obligations hereunder without
consent. No agency, partnership, joint venture, or employment relationship is
created as a result of this Agreement and neither party has any authority of any
kind to bind the other in any respect. All notices under this Agreement will be in
writing and will be deemed to have been duly given when received, if personally
delivered or sent by certified or registered mail, return receipt requested; when
receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days
after it is sent, if sent for next day delivery by recognized overnight delivery service.