Moen Leak Protection Services – Terms and Conditions

Last Updated and Effective as of: October 23, 2025

Moen Incorporated and/or its subsidiaries and affiliates (collectively, “Moen,” “we”, “us, or “our”) is the creator of the Moen Leak Protection Service, which is a subscription service that monitors water usage in single-family homes utilizing Moen’s proprietary water monitoring software (the “Software”), Moen’s market-leading Smart Water Monitor and Shutoff Device (or similar or successor devices provided by Moen from time to time) (a “Device” or “Equipment”), and the related Moen Mobile Application to allow you (the “Subscriber” or “you”) to monitor water usage in your home, receive leak alerts and other data Moen may make available from time-to-time, and to take action (including using the Device to shut off water supply) in the event of a non-weather related leak in the home ( “LPS”). The Subscriber’s agreement to subscribe to LPS is referred to herein as the “Subscription.” You must maintain a Subscription to continue using the Equipment, Software and LPS.

These Terms and Conditions (the “LPS Terms”) are a binding contract between Subscriber and Moen and apply to Subscriber’s Subscription and use of LPS. These incorporate by reference the Moen Terms of Sale (to the extent applicable) and Terms of Use for Moen Mobile Applications and Connected Products available in the Moen mobile application (which govern Subscriber’s use of the Software, the “App Terms of Use”) (collectively, with the LPS Terms, the “Terms”).  In the event of a conflict between the terms set forth in the Moen Terms of Sale, App Terms of Use, and these LPS Terms, the LPS Terms shall control, provided that the App Terms of Use shall control solely with respect to Subscriber’s use of the Software. If you enter into a Subscription on behalf of a company, organization, or other entity, then (i) all references to “you” and “Subscriber” in these Terms include you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

In addition to Moen’s rights to update the Terms of Sale and App Terms of Use, Moen reserves the right to change these LPS Terms at any time, so please review the Terms each time your Subscription renews. Every time Subscriber renews its Subscription by making a Subscription payment or utilizing LPS during a new Subscription period, the Terms in force at that time will apply between the parties. Moen may notify Subscriber in the event it makes changes to the Terms that affect Subscriber’s LPS. If Subscriber has any questions regarding the Terms, it can contact Moen by visiting https://www.moen.com/customer-support/contact-us or telephone at (844) 633-8356.  

PLEASE NOTE THAT THESE TERMS INCLUDE BINDING ARBITRATION PROVISIONS, AND REQUIRE YOU TO WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING A CLASS ACTION. NONETHELESS, THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. FOR EXAMPLE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOTHING IN THESE TERMS WILL AFFECT SUBSCRIBER’S RIGHTS UNDER SUCH LAWS.

REPRESENTATION AND WARRANTIES

SUBSCRIBER REPRESENTS AND WARRANTS THAT IT EITHER HAS EXCLUSIVE CONTROL OR EXCLUSIVE POSSESSION (AND IN THE CASE OF REAL PROPERTY WHERE THE SUBSCRIBER IS THE LESSEE OF SUCH PROPERTY, WRITTEN PERMISSION FROM THE OWNER OF SUCH REAL PROPERTY TO INSTALL AND USE THE EQUIPMENT AND SOFTWARE) OVER THE REAL OR DIGITAL PROPERTIES ON WHICH THE SOFTWARE AND EQUIPMENT WILL BE INSTALLED OR WHERE THE LPS SERVICES ARE TO BE PERFORMED. MOEN HEREBY DISCLAIMS ANY LIABILITY RELATED TO SUBSCRIBER LACKING LEGALLY SUFFICIENT CONTROL OR POSSESSION OF THE PROPERTY WHERE THE DEVICE IS INSTALLED.

SUBSCRIPTION AND LPS

Subscription. Subscriber may activate a Subscription for LPS through various Moen Websites, including Moen.com (“Order”).

Equipment. Subscriber acknowledges that these Terms are a Software and services agreement, with certain Equipment provided solely in order to facilitate Subscriber’s access to and use of LPS. Notwithstanding the purchase of LPS, the Equipment that forms a part of LPS is not itself being sold, financed, rented or leased to or by Subscriber, but instead being provided to facilitate the Subscriber’s use on a subscription basis of the Software and LPS. As such, notwithstanding anything to the contrary in the Terms, Moen retains ownership and title to the Equipment at all times, regardless of whether the Equipment is attached or affixed to Subscriber’s real or personal property. Moen provides you a limited warranty for the Equipment for as long as your Subscription is active. Details, conditions and limitations of this warranty can be found in the Smart Water Security Limited Warranty at moen.com/warranties, provided that the duration specified in such warranty shall not apply to an active Subscription.  

INSTALLATION

A Subscriber may be offered the option to bundle Standard Installation of a Device into their Subscription at the time a Subscriber subscribes to a Subscription. Bundled Device installation, if available, will be provided by a third party service provider selected by Moen. The availability of bundled Standard Installation services may vary depending on many factors, including the location of the Subscriber’s home, and Moen cannot guarantee that installation services will be available to any individual Subscriber. Third-party installers reserve the right to decline an installation for any reason, including but not limited to safety concerns, inability to complete the installation at the Subscriber’s home in compliance with the Device’s operating and installation specifications, or other unforeseen challenges at the installation site. Moen does not influence or determine whether an installer will complete the work, nor does Moen assume liability for an installer’s decision to refuse service. If this occurs, the Subscriber will be entitled to a full refund in accordance with our refund policy. “Standard Installation” is defined as the installation of the Device by a licensed plumber according to the Device installation instructions on a ¾”, 1”, 1 ¼”, or 1 ½” exposed and accessible main water supply line inside or outside the Subscriber’s home. Standard Installation requires a minimum section of accessible, uninterrupted, straight pipe on the main water supply line to allow the installer to install the Device inline or reroute the water line to create a “loop” to accommodate the Device. Standard Installation includes labor and commonly used materials necessary to install the Device. Additional work beyond the scope of a Standard Installation is considered non-standard and may require additional costs. Additional work beyond a Standard Installation includes modifications when there is not enough uninterrupted, accessible, exposed pipe to accommodate an inline or loop installation, as well as scenarios requiring major modifications such as replacing main water shutoff valves, pressure reducing valves, or hose bibs; correcting pre-existing plumbing issues (e.g., code violations, hazardous conditions); creating access to a power outlet; or instances where trenching or wall removal is required to access the plumbing. If a power outlet is not within reach, a qualified electrician may be required to install one before installation can proceed. Standard Installation does not include installations on galvanized water lines, which would require additional work. Any additional work required beyond the scope of the Standard Installation, if performed, shall be performed at the Subscriber’s expense, paid directly to the installer. If installation requires such additional work, the Subscriber may elect to return the Device and cancel their subscription in accordance with our refund policy.

Except as provided above, a Subscriber is responsible for installing the Device. Moen recommends that Subscribers have Devices installed by a licensed or professional plumber. A Device must be installed in accordance with the installation instructions included with the Device (whether included in the packaging or linked by URL, QR code or similar means in the Device packaging or other communications to the Subscriber or on the Moen Website). There may be laws in the jurisdiction in which Subscriber installs particular Equipment applicable to placement of the Equipment and method used to install that Equipment. Subscriber should check that it is in compliance with all such laws in Subscriber’s jurisdiction. For a list of recommended installers of the Equipment in Subscriber’s area, visit https://www.moen.com/pages/profinder. These installers are not Moen employees and may not be formally affiliated with Moen, even though these installers may be certified or recommended by Moen to install Subscriber’s Moen Equipment. Moen is not responsible for the conduct of, and does not assume any liability for, these installers or their services. Subscriber should conduct its own diligence of the installers to select one that best fits Subscriber’s needs.

END OF LIFE; RETURN

At the end of the Subscription Term, Moen may request Subscriber return the Equipment. In such an instance, Subscriber shall uninstall the Equipment at its own cost, and return the Equipment in compliance with the following conditions: (a) free of all Subscriber markings and in the packaging provided by Moen; (b) free of any liens and encumbrances; and (c) in the same condition and working order as when delivered, except for ordinary wear and tear (collectively, “Return Conditions”). If the Equipment is returned but does not comply with the Return Conditions yet can be restored to compliance, Moen shall promptly notify Subscriber and provide reasonable documentation detailing the necessary repairs or refurbishments. Subscriber shall be responsible for the direct costs incurred by Moen to restore each affected unit of Equipment to compliance with the Return Conditions (“Restoration Charges”). If the Equipment is returned but does not comply with the Return Conditions and cannot be restored to compliance, Subscriber shall be responsible for the fair market replacement value of each affected unit (“Replacement Charges”). Any Restoration Charges and Replacement Charges shall be charged to the payment method on file, or else invoiced to Client for payment on receipt. Payment of any Restoration Charges or Replacement Charges by Subscriber shall not: (i) waive any of Subscriber’s obligations under these Terms; or (ii) grant Subscriber the right to retain possession of the Equipment beyond the expiration or termination of these Terms.

FEES AND PAYMENTS

Subscription Fees. Subscriber shall pay the subscription fees detailed and accepted at the time LPS is purchased (the “Subscription Fees”). Subscription Fees shall be recurring advance monthly charges, charged on the date of purchase and on the same day of each subsequent month thereafter. Subscription Fees are non-refundable unless otherwise expressly set forth in the Terms of Sale.

Automatic Payments. Subscriber shall authorize automatic monthly payments for Subscription Fees using a designated payment method, such as a bank account or credit card. Moen will provide Subscriber with the necessary instructions and requirements for authorization and payment processing. Subscriber is responsible for ensuring sufficient funds or credit availability for each scheduled payment and for promptly notifying Moen of any changes to payment method information, including account details or expiration dates for credit cards.

Authorization. By providing bank account or credit card information to Moen or its payment processor, Subscriber represents and warrants that it is authorized to use the designated payment method and that Subscriber authorizes Moen to charge said payment method for the total amount of the Order (including any applicable taxes and other charges) and/or authorize any charges for reserved or pre-paid Orders. Please be aware that online payment transactions are subject to validation checks by Moen’s payment processor and Moen is not responsible if the payment processor or card issuer declines to authorize payment for any reason. If the payment method Subscriber provides cannot be verified, is invalid or is otherwise not acceptable, Subscriber’s Order may be suspended or cancelled. Subscriber must resolve any problem Moen encounters in order to proceed with a Subscriber Order. In the event Subscriber wishes to change or update payment information associated with Subscriber’s Moen account, it may do so at any time by logging into its account and editing its payment information. Moen disclaims any liability for Subscriber’s failure to do so.

Taxes. Subscriber is responsible for all applicable federal, state, and local taxes, or similar governmental assessments, including sales and use taxes, associated with purchases under these LPS Terms (“Taxes”), unless otherwise agreed by Moen in writing. If Moen is legally required to collect such Taxes on behalf of Subscriber, the appropriate amount will be included on the invoice and paid by Subscriber.

Late Payments. Amounts not paid when due shall be subject to interest at the rate of one and one-half percent (1.5%) per month or, if less, the maximum rate permitted by law. In such event, Subscriber shall also be responsible for any of Moen’s costs of collection, including attorneys’ fees. In no event will the Subscriber be entitled to withhold or offset any payment due hereunder with any amount that may be due by Moen to the Subscriber for any reason whatsoever.

TERM & TERMINATION      

Subscription Term. For Subscriptions, these Terms shall be effective as of the Order date and shall continue for a period of thirty-six (36) months, unless terminated earlier in accordance with this section (“Initial Subscription Term”). Thereafter, such terms shall automatically renew month to month (each, a “Renewal Subscription Term”) (together with the Initial Subscription Term, “Subscription Term”), unless and until either party elects to terminate the Subscription.

Suspension. Subscriber acknowledges and understands that Subscriber’s abuse or misuse of LPS, or any actual or suspected breach of these Terms or the App Terms of Use, could adversely affect Moen. Moen therefore reserves the right to limit or suspend Subscriber’s use of LPS in the event of any abuse or misuse of LPS, or any actual or suspected breach of these Terms or the App Terms of Use.

Termination. Subject to the “Early Termination” paragraph below, either party may terminate a Subscription at any time   (“Termination for Convenience”). Subscribers may cancel by visiting Moen.com or calling (844-633-8356. A Termination for Convenience will be effective on the day before the Subscriber’s next scheduled Subscription payment. Additionally, Moen may terminate these Terms immediately for breach by Subscriber (“Termination for Cause”).

Early Termination. Subscriber acknowledges that Moen has invested considerable effort and expense in providing LPS, and Subscriber’s commitment to receive LPS is effective until the end of the Initial Subscription Term. If Subscriber initiates a Termination for Convenience prior to the expiration of the Initial Subscription Term, then Subscriber shall pay Moen on or before the effective termination date, in addition to all other amounts then due and payable, an early termination fee equal to fifty percent (50%) of the total Subscription Fee that is outstanding for the remainder of the Initial Subscription Term (“Early Termination Fee”). If Moen initiates a Termination for Cause prior to the expiration of the Initial Subscription Term, then Subscriber shall pay Moen the Early Termination Fee within ten (10) days. Additionally, upon any termination of a Subscription, Moen may also disable or limit the functionality of the device on the Subscribers home.  Such disablement will not interfere with the water flow into the Subscriber’s home.

Obligations on Termination. Each party shall continue to observe all obligations under these Terms during any termination notice periods. On the effective date of termination or expiration of these Terms, Subscriber shall (i) immediately pay any outstanding amounts due and payable, including any Early Termination Fee; (ii) immediately cease using LPS (including any Software), and all licenses and rights thereunder shall terminate; and (iii) if requested by Moen, uninstall and return any Equipment pursuant to these Terms. Any amounts to be paid by Subscriber on expiration or termination of these Terms shall be charged to the payment method on file, or else invoiced to Client for payment on receipt.

SAFETY

Subscriber acknowledges that misuse or mishandling of any part of the Software or Equipment may result in physical harm and property damage. Subscriber shall not alter or remove any usage instructions or safety warnings on any Equipment. Subscriber accepts and assumes responsibility and related costs and expenses for appropriate handling and storage of the Equipment and LPS.

PERFORMANCE GUARANTEE

In the event a Subscriber with an active Subscription sustains catastrophic water damage in their home directly attributable to a failure of LPS, the Company will reimburse Subscriber for up to five thousand dollars ($5,000.00) paid by the Subscriber for their homeowner’s insurance deductible for claims filed by the Subscriber, accepted by Subscriber’s insurance company and closed by their insurance company. A Subscriber is only eligible for the performance guarantee  if (a) the catastrophic water damage is determined, in Moen’s sole evaluation, to be attributable to an event for which LPS is designed to prevent, such as pipe burst, pipe leaks, and pipe failures; (b) the Subscriber’s Device was properly installed, connected to WI-FI and active at the time of failure; (c) LPS failed to notify the Subscriber in accordance with the Subscriber’s settings and/or shut off the Subscriber’s water in accordance with the Subscriber’s settings in the Software application; (d) the Subscriber provides proof of filing an insurance claim, proof that the Subscriber’s insurance company accepted the claim, proof of repair expenses and final insurance claim disposition, including documentation on the Subscriber’s deductible responsibility under their homeowner’s insurance policy and proof of payment of the deductible for which the Subscriber is seeking reimbursement; (e) the Subscriber is current on payments for the Subscription both at the time of the water event and at the time Subscriber makes a claim for reimbursement; and (f) the damage did not occur during the initial start-up “learning mode” period of the Device, Software or LPS. LPS is designed to limit water damage when used in accordance with instructions but is not designed to prevent pipe bursts, pipe leaks or pipe failures. If the Subscriber turns off the automatic valve shut-off feature for LPS, the Subscriber will not be eligible for the performance guarantee benefit unless LPS failed to notify the Subscriber of the relevant event. If the Subscriber was notified but did not manually shut off his/her water valve, the Subscriber will not be eligible for the performance guarantee benefit.  If the Subscriber did not receive an alert for a leak outside the user’s selected sensitivity setting range, the Subscriber will not be eligible for the performance guarantee benefit. This benefit does not apply to water damage to a Subscriber’s home caused by rain, floods, storms and other acts of nature.

BINDING ARBITRATION – NO CLASS ACTION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Moen and limits the manner in which you can seek relief from Moen, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. Both you and Moen agree that any dispute arising out of or related to these Terms, the Device, your Subscription, or LPS is personal to you and Moen and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. 

Arbitration of Disputes. Except for small claims disputes in which you or Moen seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Moen seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Moen waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, the Device, your Subscription, or LPS resolved in court. 

Instead, for any dispute or claim that you have against Moen or relating in any way to these Terms, the Device, your Subscription, or LPS, you agree to first contact Moen and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Moen by going to the following web page https://www.moen.com/customer-support/contact-us or by certified mail addressed to Moen Inc., Attention:  Legal Department, 1 Horizon Way, Building N, Deerfield, IL 60015. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Moen cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (the “AAA”) or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. For any arbitration you initiate, you will pay the consumer filing fee, and Moen will pay the remaining AAA fees and costs. For any arbitration initiated by Moen, Moen will pay all AAA fees and costs  If the arbitrator orders any exchange of information, you and Moen agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Moen agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

Arbitration proceedings will be held in Chicago, Illinois or may be conducted telephonically or via video conference for disputes alleging damages less than $25,000, in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”). The most recent version of the AAA Rules are available on the AAA’s website (adr.org) and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason. 

The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Moen or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Moen understand and agree that when twenty-five (25) or more similar claims are asserted against Moen or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Moen’s claim might be delayed. For such coordinated actions, you and Moen also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Moen shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process.  A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. 

This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.  The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Moen’s case is selected for a bellwether process, withdrawn, or otherwise resolved.  A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Moen or you.

You and Moen agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

The arbitrator, Moen, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Moen agree that for any arbitration you initiate, you will pay the filing fee and Moen will pay the remaining AAA fees and costs. For any arbitration initiated by Moen, Moen will pay all AAA fees and costs. You and Moen agree that the state or federal courts of the State of Illinois and the United States sitting in the Northern District of Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Any claim arising out of or related to these Terms, the Device, your Subscription, or LPS must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Moen will not have the right to assert the claim. 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by advising us at the following web page https://www.moen.com/customer-support/contact-us. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the terms below. 

If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

Dispute Resolution Procedure If Arbitration Opt Out Is Selected.  By using the Device, using LPS, or entering into a Subscription, you agree that the statutes and laws of the United States and the State of Illinois without regard to conflicts of laws principles, will apply to all matters relating to these Terms, Device, your Subscription, or LPS. You further agree to first contact Moen and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Moen by accessing the following web page https://www.moen.com/customer-support/contact-us or by certified mail addressed to Moen Inc., Attention:  Legal Department, 1 Horizon Way, Building N, Deerfield, IL 60015. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Moen cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may commence litigation. You agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in the Norther District of Illinois, USA. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action you assert arising out of or related to these Terms, the Device, your Subscription, or LPS must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims and causes of action arising out of or these Terms, the Device, your Subscription, or LPS, will be resolved individually, without resort to any form of class action.  Further, YOU AND MOEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS PROVISION WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.