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Terms and Conditions
Agreement between user and Appliance Parts Experts Store
APPLIANCE-PARTS-EXPERTS.COM TERMS AND CONDITIONS
(Last
Updated: April 8, 2020)
Terms of Use
We welcome You to a
website (“Site”) associated with Appliance-Parts-Experts.com, a
leading retail and wholesale distributor in the field of parts, accessories,
and equipment for major appliances, refrigeration, and heating & air
conditioning systems. For the purposes
of these Terms and Conditions, the “Company” means Appliance-Parts-Experts.com and its
affiliates and subsidiaries.
As updated from time
to time as provided for herein, these Terms and Conditions govern Your access
to and use of the Site. You should
carefully read these Terms and Conditions.
Your use of the Site means that You have read, understand, and accept
these Terms and Conditions, and that You have entered into a binding legal
agreement with Company. If You do not
accept and agree to be bound by all of the Terms and Conditions You should
discontinue Your use of the Site. If You
are using the Site on behalf of Your employer or any other individual or
entity, You represent and warrant that You have the authority to bind such
employer, other individual or entity.
Company reserves the right
to change the terms and conditions of the Agreement, the Privacy Policy, and/or
any of its other policies relating to or linked to the Site, at any time in its
sole discretion. No notice is required
for any such modification. Any
modification is effective immediately upon posting to the Site. You are responsible for regularly reviewing
the Site and the Agreement regarding such changes. Your continued use of the Site following
posting of any modification(s) to the Agreement shall be conclusively deemed an
acceptance of all such modification(s).
Your only remedy with respect to any dissatisfaction with any
modifications is to cease use of the Site.
To the extent that terms
and conditions associated with any Purchase Order are inconsistent with the
Terms and Conditions of this Site, the present Terms and Conditions shall be
controlling. Terms and conditions other
than those contained herein or in a specific Purchase Order are subject to
Company’s prior written approval.
Definitions
The “Company” means Appliance-Parts-Experts.com and any and all related entities (e.g., affiliates and subsidiaries),
and their respective members, officers, directors, employees, affiliates,
agents, attorneys, licensors and representatives.
“Content” means,
without limitation, text, graphics, photos, illustrations, images, characters, logos,
button icons, clip art, audio clips, digital downloads, data compilations, software
and software hyperlinks, video, music, or other audio clips, and any other
information or materials that are accessible from the Site (e.g., that may be
contained in, displayed on, downloaded from, or uploaded to the Site).
“Linked Site” means
any website that contains a link to the Site or its Content, or to which the
Site contains a link. Linked Sites may
include third party websites. The
Company is not responsible for Linked Sites, as set forth in further detail
below.
“Products” means any
goods or products made available to You by Company on, by or through any Site.
“Services” means any
services made available to You by Company on, by or through any Site.
“Site” includes all websites
or sites that are owned or operated by, or under the direct control of, the
Company. Linked Sites are not part of
the Site.
“User” means a person
who uses, or who has registered to use, the Site.
“You” and “Your”
means You, an individual user entering into the Agreement, or the individual or
entity on whose behalf You enter into the Agreement and encompasses all
principal(s) or officers(s), partners, shareholders, officers, directors,
employees, or authorized representatives thereof.
Your Use of the Site
A. The Site includes Content and other original
works of authorship (including, but not limited to, derivative works based on
graphical scans or typed text of public domain materials) that are both
proprietary and intellectual properties of the Company or its suppliers and are
protected by both the terms of the Agreement as well as domestic and foreign
contractual and intellectual property laws including but not limited to
copyright, trademark, patent, trade secret, and right to privacy or publicity
laws.
(1)
Copyright. All Content
included on the Site with the exception of Content You upload is the property
of the Company, its suppliers, or their respective licensors and is protected
by United States and international copyright laws. The compilation of all
Content on the Site is the exclusive property of the Company and protected by
U.S. and international copyright laws. All software used on this site is the
property of the Company, its suppliers, or their respective licensors, and is
protected by United States and international copyright laws. The respective owners and licensees of any
copyrights included in the Site retain and reserve all of their rights related
to such copyrights.
(2)
Trademark. APPLIANCE-PARTS-EXPERTS.COM are some of the
registered marks of the Company with all rights reserved. The Site may include
these and other registered or unregistered trademarks or service marks of the
Company, its suppliers, or their respective licensors. The respective owners and licensees of any
marks included in the Site retain and reserve all of their rights related to
such marks.
(3)
Patent. One or more patents
may apply to the Site and to the features, products, and services accessible
therein, including U.S. and foreign patents.
(4)
Trade Secret. The Site may
contain software or other information that is confidential and proprietary to the
Company, and/or protected by the trade secret laws of the individual states of
the United States and of foreign countries.
As part of the Company’s efforts to maintain the secrecy of such
information, You are prohibited from decompiling, reverse engineering and/or
disassembling any portion or the whole of the Site.
(5)
Rights to Privacy or Publicity.
Using a broad definition, these legal concepts apply to the right of
every individual to control any commercial use of his or her name, image,
likeness, or some other aspect of identity, limited under (United States
Federal law) by the First Amendment. An
individual further has a qualified legal right to reasonable privacy in not
having his or her private affairs made known or his or her likeness exhibited
to the public having regard to habits, mode of living, and profession. These legal concepts are applied differently
depending on the jurisdiction, but You should be cognizant and careful of an
individual’s rights to privacy or publicity.
B. Through the Site, Company may make available
to You certain Content, Services and Products.
Company and/or its licensors own and shall retain all rights, title and
interests, including all intellectual property rights, in and to the Site, and
all elements thereof. Except for the
express licenses granted to You herein, You neither have nor acquire any rights,
title or interests in or to the Site, or any element thereof.
C. The Company grants to You a personal,
limited, revocable, non-exclusive and non-transferable license to:
(1) Use the Site as provided herein, until the Agreement is
terminated;
(2) Access, load, store and operate the Site with browser
software;
(3) Access, view, download, print, use, display and upload Content
for use as provided herein;
(4) Display, download and print portions of the Site as necessary to
investigate and/or purchase Product(s) and/or Service(s), subject to the
limitations in the Agreement.
All rights not
expressly granted by Company to You are retained by Company, and You may not
use the Site and/or any element of the Site in any manner or for any purpose
not expressly authorized by these Terms and Conditions. The rights granted to You do not include, and
are not applicable to, the design or layout of the Site, which are protected by
trade dress and other laws and may not be copied or imitated in whole or in
part.
D. Notwithstanding the above, You shall NOT:
(1) Decompile, reverse
engineer and/or disassemble and/or create derivative works from the Site;
(2) Remove, modify, hide,
destroy, obscure or otherwise make unreadable or non-viewable any notice,
legend, advice, watermark or other designation contained on or within the Site,
component thereof or output therefrom, including, but not limited to, any and
all copyright, trademark and patent designations, if any, contained on or
within the Site;
(3) Upload, post, email,
transmit, publish, re-publish, distribute, display or otherwise make available
the Site to any third parties;
(4) Except as otherwise
provided herein, use the Site for any commercial, financial or other beneficial
purpose, including, but not limited to, advertising, the exploitation, rental,
lease, sale or resale of the Site, except that if You are permitted to upload
or post Content in a manner that is otherwise consistent with the Agreement;
(5) For a period of more
than twenty-four (24) hours, cache or otherwise temporarily store the Site or
component thereof, on any server or other device used to communicate with
individual personal computers or personal devices. Such limitation does not
include cache which is automatically stored by an individual personal browser
application;
(6) Store the accessed,
used, or downloaded Site in any electronic, magnetic, optical or other format
now known or hereinafter created for more than thirty (30) days;
(7) Assign, rent, lend,
lease, sell, redistribute, republish, sublicense, transfer, export from the
United States, copy, reproduce, modify, adapt, translate, reverse engineer,
decompile, disassemble, extract components or create derivative works of the
Site;
(8) (a) co-brand the Site, (b) “frame” or “mirror” the Site on any
other server or Internet-based device, or authorize or engage any other party
to do any of the foregoing, without the express prior written permission of an
authorized representative of the Company.
For purposes of the Agreement, “co-brand” or “co-branding” means to
display a name, logo, trademark, or other means of attribution or identification
of any party in such a manner as is reasonably likely to give a user the
impression that such other party has the right to display, publish, or
distribute this site or content accessible within this site. You agree to cooperate with the Company in
causing any unauthorized co-branding, framing or hyper-linking immediately to
cease.
E. You agree not to use the Site to engage in
any prohibited conduct. In general,
prohibited conduct is any conduct that would be a criminal, civil or
administrative violation of any applicable local, state, federal or
international law, treaty, court order, ordinance, regulation or administrative
rule. Prohibited conduct is also any conduct that is infringing, tortious or
that is harmful to the Company or any other party or property; that violates
another party’s intellectual property, privacy or other rights; or that
otherwise interferes with the operation, use or enjoyment of any Service,
system or other property including the Site. Prohibited conduct includes, without
limitation, using the Site to (i) intercept, divert or otherwise interfere with
any communication; (ii) violate the security or integrity of, or gain
unauthorized access to, the Site or any other Service, system or communication;
(iii) impose an unreasonable or disproportionately large load on any systems or
infrastructure; (iv) unsolicited or unauthorized advertising, promotional
materials, junk mail, “spam,” chain letters, pyramid schemes, or any other form
of duplicative or unsolicited messages, whether commercial or otherwise; (v)
create a “mail drop” for such communications, or engage or permit email relay
services; (vi) “spoof” or otherwise impersonate any other party, falsely
stating or otherwise misrepresenting one’s identity or affiliation in any way
or forge, delete or alter any part of TCP/IP packet header or sender
identification in any communication; (vii) commit fraud; (viii) harass or
threaten any party, advocate or otherwise encourage violence against any
government, organization, group, individual or property, or provide
instruction, information, or assistance in causing or carrying out such
violence; (ix) disseminate viruses, Trojan horses, worms, time bombs or other
code or programming intended to damage, interfere with, intercept or expropriate
any system, data or information; (x) send or receive any material that could be
considered harmful, obscene, pornographic, indecent, lewd, violent, abusive,
profane, insulting, threatening, tortious, harassing, hateful or otherwise
objectionable; (xi) send or receive any material that harasses, victimizes,
degrades, or intimidates an individual or group of individuals on the basis of
religion, race, ethnicity, sexual orientation, gender, age or disability; (xii)
send or receive material containing defamatory, false or libelous material;
(xiii) send or receive any material that infringes or violates any intellectual
property or other right of any entity or person, including, without limitation,
copyrights, patents, trademarks, laws governing trade secrets, rights to
privacy or publicity; (xiv) send or receive any material that You do not have a
right to make available under law or contractual or fiduciary relationships;
(xv) engage in conduct that would expose the Company to civil or criminal
liability; (xvi) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive.
F. The Site may include technological protection
measures that effectively control access, reproduction or distribution of the
proprietary or intellectual properties accessible through the Site. Any attempt to tamper or dismantle these
protections is a breach of the Agreement, and may be a violation of the United
States Digital Millennium Copyright Act of 1998, and may subject the violator
to civil and criminal penalties.
G. The Company may
use any actions performed on the Site and Content posted to the Site by Users
to improve the Site, the use including, but not being limited to, collection,
storage, display, aggregation, summarization, and any other processing of the
posted Content or performed actions.
H. You hereby grant to the Company the
royalty-free, paid-up, perpetual, irrevocable, worldwide, non-exclusive,
transferable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display all
Content, remarks, suggestions, ideas, graphics, or other information
communicated to the Company through this site, including without limitation
data collected from You (together, the “Submission”), and to incorporate any Submission
in other works in any form, media, or technology now known or later
developed. In general, unless an
exception is noted when a Submission is made or in a separate agreement between
You and the Company relating to a particular Submission, or unless an exception
exists under applicable law, regulation, or the Company’s Privacy Policy, the
Company will not be required to treat any Submission as confidential, and may
use any Submission in its business (including without limitation, for products
or advertising) without incurring any liability for royalties or any other
consideration of any kind, and will not incur any liability as a result of any
similarities that may appear in future Company operations.
I. Accounts.
(1) When You set up an
account with the Company through the Site (the “Account”), You are required to
enter a valid email address, a username and a password and Your country of
residence. Should Company suspect that such information is untrue, inaccurate,
not current or incomplete, Company has the right to suspend or terminate Your
usage of the Site. Company is entitled to rely on the information You provide
and You will be responsible for updating this information to maintain it as
current. Accounts are non-transferable.
(2) Each User who uses
such username and password will be deemed to be authorized to access and use
Site and the Company has no obligation to investigate the authorization or
source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE AND APPLICATION BY
ANYONE USING YOUR USERNAME AND PASSWORD WHETHER OR NOT SUCH ACCESS TO AND USE
OF THE SITE AND APPLICATION IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT
LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS
(INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH
ACCESS OR USE.
(3) You
are solely responsible for protecting the security and confidentiality of Your
username and password. You shall immediately notify the Company of any
unauthorized use of Your username and password, or any other breach or
threatened breach of the Company Site’s security.
(4) Permission is
provided to store your Account using the Business Management System located at http://www.3dcart.com
to facilitate access of the Site from this third party website. To the extent that You interact with this
Site from any third party website, these Terms and Conditions are applicable,
including those directed to your Account.
Please note that you assume all risk for providing your Account to any
third party.
J. All images,
photographs, pictures, designs and illustrations that Company may provide to
You on the Site for possible use with a Product that You purchase (“Image
Library”) are protected by copyright law and other applicable laws and
regulations. Items in any such Image Library
may only be used in conjunction with a purchase from Company. You may not use any item in an Image Library
for any purpose unrelated to Your business with Company. Items in an Image Library may be updated from
time to time and it is Your responsibility to make sure You use an available Image
Library item. Any items not currently
found in an Image library may not be used for any purpose.
Linked Websites
The Linked Websites
are not under the control of the Company, and the Company does not endorse, is
not affiliated with, and is not responsible for, any Linked Websites, including
the functionality of the links to or from, Content or applications provided by
or through, or privacy policies or other agreements included in, a Linked
Website. Company has not taken any steps to confirm the accuracy or reliability
of any of the information contained in any Linked Websites. The Company is not
responsible for licensing to You any Content or application provided by or
through a Linked Website, and Your use of Content or application(s) provided by
or through Linked Websites is governed solely by Your agreement, if any, with
the owner and/or provider of the Linked Website. You use Linked Websites, and links to and
from any third party websites, at Your sole risk. For example, the Company is not responsible
for, without limitation, any incorrect data, errors in computation, improper
transmission of data, or a security breach resulting from Your use of a Linked
Website or a link to or from a Linked Website.
The Company provides links to You only as a convenience, and You hereby
irrevocably waive any claim against Company with respect to all Linked
Websites. You should review the terms of
use and privacy policies that are posted on any website that You visit, before
using any linked websites.
User Comments,
Feedback, Postcards and Other Submissions
All comments,
feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to the Company on or by the Site or otherwise disclosed,
submitted or offered in connection with Your use of the Site (collectively,
"Comments") shall be and remain property of the Company. You agree
that the Company may use or disclose information about Your demographics and
use of the Site in any manner in accordance with our Privacy Policy.
You agree that the
Company is free to use, without restriction and without compensation to You,
any ideas, concepts, know-how, suggestions, or techniques contained in any
Comments You send to the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products or services using
such information. The Company has no obligation to respond to any Comments. You
agree that Comments submitted by You to the Site will not violate any right of
any third party, including copyright, trademark, privacy or other personal or
proprietary right(s).
You acknowledge that
Company does not screen, edit or review Comments in the normal course of its
business prior to the appearance of those Comments on the Site. To the fullest extent permitted by applicable
law, Company disclaims all responsibility and liability for Comments and for
any losses, damages, or expenses resulting from their use and/or appearance on
the Site. Notwithstanding the foregoing,
Company reserves the right to monitor all Comments and to remove without
liability any Comments in its sole discretion.
If You discover Comments on the Site that are offensive, violate any
applicable law, violate the right of any third party, or otherwise violate the
terms of these Terms and Conditions You may provide Company with notice of such
Comments at [email protected].
United States Digital Millennium Copyright (“DMCA”) Notices
DMCA Notice. If You believe that Your work has been copied
in a way that constitutes copyright infringement, please send written
notification to our Designated Agent.
Your written notification must include the following:
• An electronic or physical signature
of the owner or of the person authorized to act on behalf of the owner of the
copyright interest;
• A description of the copyrighted work
that You claim has been infringed;
• A description of the material You
claim to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
• Your address, telephone number, and
e-mail address;
• A statement by You that You have a
good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
• A statement by You made under penalty
of perjury, that the above information in Your notice is accurate and that You
are the copyright owner or authorized to act on the copyright owner's
behalf.
Counter-Notices. If You believe that material You contributed
to the Site has been improperly removed and You wish to make a
counter-notification under the DMCA, You must provide written notification to
our Designated Agent that includes substantially the following:
• Your physical or electronic
signature.
• Identification of the material that
has been removed or to which access has been disabled and the location at which
the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury
that You have a good-faith belief that the material was removed or disabled as
a result of mistake or misidentification of the material to be removed or
disabled.
• Your name, address, and telephone
number, and a statement that You consent to the jurisdiction of Federal
District Court for the judicial district in which the address is located, or if
Your address is outside of the United States, for any judicial district in
which the Company may be found, and that You will accept service of process
from the person who provided notification of claimed infringement, or an agent
of such person.
Send notices and
counter-notices to the Company’s DMCA Agent.
DMCA notices and counter-notices must be provided in writing to:
DMCA NOTICE
Customer Service
Appliance Parts Experts
949 E Main St
Norristown, PA 19401
With an electronic copy to: [email protected]
You should only send
notice or counter-notices of potential copyright infringement to our Designated
Agent. For all other inquiries (e.g., requests for technical assistance or customer
service, reports of email abuse, and piracy reports), please contact us by way
of [email protected].
Under the Copyright
Act, any person who knowingly materially misrepresents that material or
activity is infringing or that the material or activity was removed by mistake
may be subject to liability.
Privacy
With respect to
information collected through the Site, the Company shall adhere to the Privacy
Policy.
Modifications
A.
To the Agreement. We have
the right to modify this Agreement and any other Agreement or policy referenced
in the Site, or linked to the Site, at any time. No advance notice is required for any such
modification. Any modification is
effective immediately upon posting to the Site.
Your continued use of the Site following posting of any modification(s)
to this Agreement shall be conclusively deemed an acceptance of all such
modification(s). Your only remedy to any
dissatisfaction with any modifications is to cease use of the Site as provided
for above.
B.
We have the right to modify, suspend or discontinue the Site or
any portion thereof at any time, including the availability of any area of the
Site without notice. We may also impose
limits on certain features and services or restrict Your access to parts or all
of the Site without notice or liability.
C.
In addition to our right to make modifications to the Site as set
forth above, the Company reserves the right, for any reason or no reason at
all, and in its sole discretion, to modify or remove any Content You have
provided to the Site.
Taxes
You shall be
responsible for all taxes and fees incurred for using the Site or purchasing
any items. In the event any exemption is
claimed and then disallowed by a tax authority or judicial body, You agree to
reimburse the Company for the amount of tax involved and any reasonable service
charge associated therewith.
Payment
You shall purchase Products
in accordance with Company’s price list in effect at the time of the order
(less other discounts, if any). Prices
are exclusive of all sales or use taxes, tariffs, customs, duties and other
governmental charges. You shall pay or
reimburse Company for any and all such charges.
Payment for Products must be made without discount in United States
dollars.
Pricing
All prices are
subject to change without notice.
Company assumes no responsibility and shall incur no liability
whatsoever if price change notices are not received. In the event of new taxes or legislation
affecting the cost of Products, Company reserves the right to increase prices
as it deems appropriate or necessary.
Return Policy
You may return most new, unopened items within 30 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). Returns are not accepted on installed merchandise. Installed merchandise is considered to be any item removed from the packaging and connected to the appliance, even if only for a second. Defective items will be replaced with a new item, unless it has since become discontinued and is no longer in stock. Returns are also not accepted on doors, door panels, door skins, or cooktops. Some items will be subject to a 20% restocking fee.
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, please Contact Us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order, if they are eligible for return.
A.
Warranty Transactions
The Company
facilitates warranty transactions such as repairs and replacements in
accordance with, and as directly provided by, the manufacturer’s warranty. Such
warranty transactions are in the manufacturer’s sole discretion and are subject
to the terms and conditions of the manufacturer's warranty. Any misuse, improper handling, storage, use,
modification or alteration of the Products by You or any third party may void
the manufacturer’s warranty. As set
forth in further detail below, the Company offers no other warranties.
Order Confirmation and Shipments
Orders (no matter how
made) are accepted at Your own risk and should be confirmed before they are
processed. You may not cancel an order
accepted by company (i.e., it is non-refundable) except upon the consent of
company in each instance. Although it
shall make commercially reasonable efforts to meet any shipment date stated on
the face of any accepted order, You understand and agree that shipment of
Products is subject to availability, and Company expressly disclaims liability
for any delays or failure to meet such delivery dates. Company shall have the right to deliver
Products at one time or in portions from time to time, and to invoice for those
portions delivered.
Products Usage and Availability
You agree and
acknowledge that any benefits derived from use or resale of Products will
depend on factors that vary from business to business and which are not within
the control of company. You are
responsible for the selection of the Products to meet Your and Your customers’
needs, and Company makes no warranty as to the results to be obtained from the
use or sale of the Products in Your business.
Merchandise is
subject to change or withdrawal, or may be temporarily or permanently out of
stock. Thus, Company shall not be liable
for any delay or cancelling of any order.
Company reserves the
right to alter, discontinue, or add any Products or Services at its sole
discretion. Company reserves the right
to change any and all Products and Services provided and to make changes to its
systems, including but not limited changes to system hardware, software (e.g.,
Applications), and access and use procedures without notice.
Software
Company
may provide standalone software or an online application (collectively,
“Application”) for Your use as part of Your access of the Site. All uses of any such Application must comply
with all applicable local, state, national and international laws, rules and
regulations. Any templates, features,
and the like appearing in an Application are offered as a courtesy only and are
used at Your own risk. Company shall not
be responsible for any real, potential or perceived loss of business due to the
Application being unavailable for any reason including programming errors,
maintenance, or any other foreseen or unforeseen incidents. If Company determines that an Application is
being used by You in a way that is prohibited, it may restrict or discontinue Your
access and use of the Application.
Company reserves the right to make judgments about whether or not uses
are appropriate in its sole discretion.
Any Application may be altered or removed at any time by Company.
Warranty Disclaimers and Limitations on Liability
except
as otherwise provided herein, THE SITE and the purchase of Products IS PROVIDED
TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND
OR NATURE. WE MAKE NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT
(A) THE FUNCTIONS CONTAINED IN THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (B) THE SITE, INCLUDING THE SERVERS ON WHICH THE SITE IS
OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION
WILL NOT BE DISCLOSED, OR (D) INFORMATION PROVIDED IN THE SITE IS COMPLETE,
ACCURATE, ERROR-FREE, OR UP-TO-DATE. YOU
ACKNOWLEDGE THAT THE COMPANY PROVIDES LISTINGS AND LINKS FOR THIRD PARTY
CONTENT; THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SUCH THIRD
PARTY CONTENT, INCLUDING THE QUALITY OR QUANTITY OF SUCH THIRD PARTY CONTENT
LISTED OR LINKED TO ON OR FROM THE SITE. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above
exclusion may not apply to You. Check Your local laws for any restrictions or
limitations regarding the exclusion of implied warranties. The Company shall
not be liable for any damages to Your computer equipment or other property on
account of Your access to, use of, or browsing in the Site or Your downloading
of any Content from the Site, whether through infection by a virus or
otherwise.
except
as otherwise provided herein USE OF THE SITE or the purchase of Products IS AT
YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM
YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR
INFORMATION. THE COMPANY SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE
ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OR DELIBERATE ACTION OF THE
COMPANY. THE COMPANY SHALL NOT BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE
OF THE SITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS’ FEES, DAMAGES FOR LOSS OF
PROFITS OR LOSS OF BUSINSESS, LOST DATA, DAMAGE CAUSED TO YOUR HARDWARE OR
SOFTWARE, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT
YOUR SOLE AND EXCLUSiVE REMEDY FOR ANY DISPUTE WITH THE COMPANY ARISING OUT OF
OR RELATED TO THE SITE OR THE CONTENT, PRODUCTS OR SERVICES OFFERED THROUGH THE
SITE IS TO STOP USING THE SITE, CONTENT, PRODUCTS AND/OR SERVICES AND, IF YOU
HAVE CREATED AN ACCOUNT, TO CANCEL YOUR ACCOUNT. IN NO EVENT SHALL THE COMPANY’S LIABILITY TO
YOU ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR
OTHERWISE, IN ANY WAY CONNECTED WITH THE SITE OR ANY PRODUCTS OR SERVICES
OFFERED THROUGH THE SITE EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR A
PARTICULAR PRODUCT OR SERVICE, IF ANY.
THE
COMPANY’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF WARRANTY OR
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) FOR ITS PRODUCTS
SHALL BE LIMITED TO, AT THE COMPANY’S OPTION, REPAIRING OR REPLACING PRODUCTS
FOUND BY THE COMPANY TO BE DEFECTIVE.
THE COMPANY SHALL HAVE NO LIABILITY FOR THE DAMAGES OF ANY KIND ARISING
FROM THE SELECTION APPLICATION, SUITABILITY OR USE OF THE PRODUCTS BY
ANYONE. BY ACCEPTANCE OF PRODUCTS, YOU
ASSUME ALL LIABILITY FOR ANY DAMAGES THAT MAY RESULT FROM USE OR MISUSE BY YOU,
YOUR EMPLOYEES OR BY OTHERS. YOU SHALL
INDEMNIFY THE COMPANY AGAINST ALL LIABILITY OR EXPENSE THAT MAY BE SUSTAINED BY
THE COMPANY AS A RESULT OF ANY LOSS, DAMAGE, OR INJURY. THE LIABILITY OF
COMPANY FOR ANY PRODUCT PURCHASED IS LIMITED TO A MAXIMUM OF THE VALUE OF THAT PRODUCT. THERE ARE NO OTHER WARRANTIES, EXPRESS, OR
IMPLIED WITH RESPECT TO ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO
EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR
PURPOSE. Company shall not be responsible or liable for labor, manufacturer
defects, damage, incidental or consequential damages of any kind.
Your Representations & Warranties
You represent,
warrant and covenant that:
A. You
are at least 13 years old or older. The Site is intended only for those ages 13
or older. If You are under 13, You may not register or submit personally
identifiable information on, to or through the Site. Company does not collect personally
identifiable information from any person it knows to be under 13.
B. You
are entering the Agreement with a sound mind and not under duress or emotional
distress.
C. Any
information that You have or shall provide to the Company through the Company
Website is true and accurate, and You shall modify such information as
necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone
other than Yourself. You shall not
impersonate any other individual or entity.
D. You
shall at all times comply with all applicable laws, rules and regulations with
respect to Your use of the Site and with respect to any Product or Service
related thereto.
E. You
shall not use the Site to infringe, misappropriate or violate any rights of the
Company and/or any third party, including, but not limited to any User of the
Company or any entity associated with or visiting the Site.
F. You
shall comply at all times with the Agreement, including any modifications to the
Agreement and/or the Agreements to which there is or may in the future be a
link and a reference herein.
G. You shall not upload or use any Content
that does not meet acceptable community standards, including Content that could
be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive,
profane, insulting, threatening, tortious, harassing, hateful or otherwise
objectionable; that harasses, victimizes, degrades, or intimidates an
individual or group of individuals on the basis of religion, race, ethnicity,
sexual orientation, gender, age or disability; or containing defamatory, false
or libelous material.
H. The
unauthorized use of the trademarks (whether registered or not) or copyrighted
material (e.g. designs) is illegal. You
represent and warrant that You do not violate any rights whatsoever of any
third party with respect to any uploaded Content and its use by Company for any
purpose. Thus, You are the owner or
permitted licensee of any Content that You upload or provide to the Site, and
have the complete right and ability to provide such Content to the Site
according to the terms of the Agreement.
The burden of compliance of this provision rests solely with
You. You are wholly responsible for
obtaining all proper permissions and licenses from third parties whose rights
may be violated or infringed by the use of any material protected by any
Intellectual property right or other proprietary right. The Company has no duty or responsibility
whatsoever to determine whether You have complied with any of Your
representations, warranties and covenants.
As set forth below, You fully indemnify Company from assertions made by
any third party related to Your failure to comply.
Indemnification
You agree to
indemnify, defend, and hold the Company harmless for, from and against all
liabilities, losses, claims, actions, expenses and damages (including
attorneys’ fees and expenses including the cost of collection on any past due
invoice) resulting from Your breach of this Agreement or use of the Site,
including without limitation (1) any breach of foregoing representations and
warranties, or (2) any actual or alleged infringement of a third party’s
intellectual property rights. Without
limiting the generality of the foregoing, You agree to indemnify, defend and
hold Company harmless for, from and against any improper or illegal use of Your
account, including the improper or illegal use of Your account by someone to
whom You have given permission to use Your account. The Company reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by You, and in such case, You agree to cooperate with the
Company in the defense or in asserting
counterclaims to any such claims and You shall continue to pay all costs,
expenses and attorneys’ fees following the Company’s assumption of control
(including, but not limited to the right to select counsel and to make all
strategic decisions in any litigation or other proceeding related in any way to
the foregoing) until the matter is resolved, as well as any resultant damages.
Term & Termination
A. The Agreement shall continue until terminated
by Company or until Your decision to terminate the Agreement. The Company reserves the right to terminate
any User for any reason or for no reason, with or without cause. You understand
that nothing in the Agreement confers any rights of access to the Site or any
rights to data stored by or on behalf of the Company. You agree that You do not
own any User account You may use to access the Site, nor do You own any data the
Company stores on its servers (including without limitation any data
representing or embodying any or all of Your Content). You understand that any
and all Content You may have provided to the Company may be retained by the
Company and may or may not be deleted upon termination of the Agreement with
You.
B. Upon termination of the Agreement, You are
required to IMMEDIATELY DISCONTINUE ALL ACCESS OR USE OF THE SITE. Moreover, upon termination of the Agreement,
You are still bound by the provisions of the Agreement with respect to all of Your
past activities and use of the Site.
C. IF ANY OF THESE TERMS OF USE OR ANY FUTURE
CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY
IMMEDIATELY DISCONTINUING ALL YOUR ACCESS AND USE OF THE SITE. YOUR CONTINUED
USE OF THE SITE FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THE AGREEMENT
SHALL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF USE, CHANGES, OR
MODIFICATIONS AND CONTINUATION OF THE AGREEMENT.
D. EITHER YOU OR WE MAY TERMINATE THE AGREEMENT
AT ANY TIME. YOU UNDERSTAND AND AGREE
THAT TERMINATION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH
COMPANY. THIS INCLUDES, BUT IS NOT
LIMITED TO, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (1) ANY TERM OR
CONDITION CONTAINED IN OR REFERENCED IN THE AGREEMENT; (2) ANY POLICY OR
PRACTICE OF THE COMPANY; (3) ANY DISCLOSURE OR USE OF YOUR INFORMATION; AND (4)
YOUR ABILITY TO ACCESS AND/OR USE THE SITE.
Severability
If any provision of the
Agreement is found by any court of competent jurisdiction to be invalid or
unenforceable, the invalidity of such provision shall not affect the other
provisions of the Agreement, and all provisions not affected by such invalidity
shall remain in full force and effect.
Waiver
The waiver by the
Company of a breach or default in any of the provisions of the Agreement by You
shall not be construed as a waiver of any succeeding breach of the same or
other provisions; nor shall any delay or omission the Company’s part to
exercise or avail itself of any right, power or privilege that it has or may
have hereunder operate as a waiver of any breach or default by You.
Notices
If to the Company,
notice shall be deemed given (A) if by hand delivery, upon receipt thereof, (B)
if by mail, seven (7) days after deposit in the United States mails, postage
prepaid, certified mail, return receipt requested, or (C) if by nationally
recognized overnight courier service, upon such delivery. Notice to the Company should be sent to:
Customer Service
Appliance Parts Experts
949 E Main St
Norristown, PA 19401
With an electronic copy to: [email protected]
If to You, notice
shall be deemed given when an email is sent to the e-mail address You provide
to the Company during the registration process, unless the Company is notified
that the e-mail address is invalid. Any notice provided pursuant to the
Agreement shall be in writing.
Governing Law and Jurisdiction Choice of Law
You agree that all
matters relating to the Agreement and/or Your access to or use of the Site,
including all disputes, will be governed by the laws of the United States and
by the laws of the State of Michigan without regard to its conflicts of law
provisions. You agree to the personal jurisdiction by and venue in the state
and federal courts in Oakland County, Michigan, and waive any objection to such
jurisdiction or venue.
Independent Contractors
Our relationship is
one of independent contractors. No
agency, employment, partnership or joint venture shall be created by or founded
upon this agreement.
Statute of Limitations
Any claim or cause of
action arising out of or related to use of the Site or the Terms must be filed
within one (1) year after such claim or cause or action arose regardless of any
statutes or law to the contrary. In the event any such claim or cause of action
is not filed within such one (1) year period, such claim or cause of action are
forever barred.
Waiver of Jury Trial
You knowingly,
voluntarily and intentionally waive any right You may have to a trial by jury
with respect to any proceeding arising out of or in any way relating to the
Site or the Agreement.
International Use
The Company controls
the Site from its offices in the United States.
The Company makes no representation that the Site or related information
offered by the Company is appropriate or available in other locations. If You
access the Site from locations outside of the US You do so on Your own
initiative and at Your own risk, and You are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
Software from the
Site may further be subject to United States export controls. No Software from
the Site may be downloaded or otherwise exported or re-exported: (a) into (or
to a national or resident of) any jurisdiction to which the U.S. has embargoed Products;
or (b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, You represent and warrant that You are not
located in, under the control of, or a national or resident of any such jurisdiction
or on any such list.
Many Products that
have been imported into the United States cannot be exported to other
countries. It is Your responsibility to
check with any freight forwarder to confirm foreign documentation requirements
and to verify that items to be exported will be released by customs at the
final destination. Company is not
responsible for providing this information or any documentation required to
export Products purchased from Company or for re-importation to the United
States.
Assignment
The Company may
assign the Agreement, in whole or in part, at any time without notice to
You. Your rights hereunder are
personal. You shall not assign or
otherwise transfer the Agreement or assign, delegate or otherwise transfer any
of Your rights, interests or obligations under the Agreement, and any such
assignment, delegation or other transfer shall be void. The Agreement shall
inure to the benefit of the Company’s successors, assigns and licensees. In the
event that the Company may wish to assign or transfer Your personal information
and its rights hereunder to a third party, You agree that the Company may do
so, on the condition that such third party agree to abide by the Company's then
current privacy and security policies.
Headings
The section headings
used herein are for reference and convenience only and shall not enter into the
interpretation hereof.
Entire Agreement
The Agreement constitutes
the entire agreement between the parties with respect to Your use of the Site,
and supersedes all prior agreements between the parties, whether written or
oral, relating to Your use of the Site.
The Privacy Policy
contained on the Site is incorporated in these Terms and Conditions by
reference, but these Terms and Conditions shall govern any conflict or
inconsistency with such Privacy Policy.
Your use of the Site
shall be governed by this Agreement and to the extent that this Agreement conflicts
with any other Agreement of the Company with respect to access to the Site,
this Agreement shall control.
Please Contact Us
We are always happy
to listen to Your comments, and answer Your questions. You may contact us by
email as follows: [email protected].