TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF
ACCEPTANCE OF TERMS
The following Terms of Service
Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship
with our users and others which may interact or interface with The Appliance Guy,
also known as The Appliance Guy, located at 17878 Harmon Rd,
Fayetteville, Arkansas 72704 and our subsidiaries and affiliates, in association with the use of the The Appliance Guy website, which includes theapplianceguynwa.com, (the “Site”) and its Services,
which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the
theapplianceguynwa.com was created to provide the general public with promotional information about the services of The Appliance Guy, in Northwest Arkansas.
Any and all visitors to our site shall
be deemed as “users” of the herein contained Services provided for the purpose of
user acknowledges and agrees that the Services
provided and made available through our website and applications, which may
include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms
and downloadable programs, are the sole property of The Appliance Guy. At its discretion, The Appliance Guy may offer
additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. The Appliance Guy does
hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user acknowledge, accept and agree that The Appliance Guy shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure
you are aware of all terms and policies currently in effect. Should you not
agree to the updated, revised or modified terms, you must stop using the
provided Services forthwith.
Furthermore, the user understands,
acknowledges and agrees that the Services offered shall be provided “AS IS” and
as such The Appliance Guy shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
Every member’s registration data and
various other personal information are strictly protected by the The Appliance Guy Online
member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by The Appliance Guy and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state
and pledge that you:
are not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country identified in
applicable export and import laws and regulations;
agree not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
agree not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
The Appliance Guy shall not lay claim to ownership of any content submitted by any visitor or user, nor
make such content available for inclusion on our website Services. Therefore,
you hereby grant and allow for The Appliance Guy the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible
areas of The Appliance Guy‘s sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of The Appliance Guy‘s sites, and shall terminate at
such time when you elect to discontinue your membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of The Appliance Guy‘s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of The Appliance Guy‘s sites and
shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly
accessible areas of The Appliance Guy‘s sites, the continuous, binding
and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
areas which may be deemed “publicly accessible” areas of The Appliance Guy‘s
sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and
groups that are openly available to users.
CONTRIBUTIONS TO COMPANY
The Appliance Guy provides an area for our users to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals (“Contributions”) to
our site, you acknowledge and agree that:
your contributions do not contain any type of confidential or proprietary information;
The Appliance Guy shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
The Appliance Guy shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
the contributor’s Contributions shall automatically become the sole property of The Appliance Guy;
The Appliance Guy is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
users herein agree to insure and
hold The Appliance Guy, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not
liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any
third party which may arise from any content a user of our
site may submit, post, modify, transmit or otherwise make available through our
Services, the use of The Appliance Guy Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein
agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for
any commercial reason any part, use of, or access to The Appliance Guy‘s
The Appliance Guy shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that The Appliance Guy shall not be held
responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
The Appliance Guy or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible
for the availability of any such external sites or resources, and as such, we
do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites
or resources. Furthermore, you acknowledge and agree that The Appliance Guy shall not be responsible or liable, directly or indirectly, for any such damage
or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services
made available on or through any such site or resource.
hereby acknowledge and agree that The Appliance Guy‘s Services and any
essential software that may be used in connection with our Services
(“Software”) shall contain proprietary and confidential material that is
protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services
or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly permitted
by applicable law or as authorized by The Appliance Guy or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on The Appliance Guy Services (e.g.
Content or Software), in whole or part.
The Appliance Guy herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not
to use any modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means
other than through the interface which is provided by The Appliance Guy for
use in accessing our Services.
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF THE APPLIANCE GUY SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS
AVAILABLE” BASIS. THE APPLIANCE GUY AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE APPLIANCE GUY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO SUCH WARRANTIES THAT (i) THE APPLIANCE GUY SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) THE APPLIANCE GUY SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE THE APPLIANCE GUY SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE APPLIANCE GUY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM THE APPLIANCE GUY OR BY WAY OF OR FROM OUR SERVICES
OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE APPLIANCE GUY AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED
TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
event you have a dispute, you agree to release The Appliance Guy (and
its officers, directors, employees, agents, parent subsidiaries, affiliates,
co-branders, partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such dispute.
SPECIAL ADMONITION RELATED
TO FINANCIAL MATTERS
you intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is
appropriate. The Appliance Guy‘s content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. The Appliance Guy and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible or liable for any trading
and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY
DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
herein acknowledge, understand and agree, unless otherwise expressly provided
in this TOS, that there shall be no third-party beneficiaries to this agreement.
The Appliance Guy may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the TOS by accessing our Services
in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
herein acknowledge, understand and agree that all of the The Appliance Guy trademarks, copyright, trade name, service marks, and other The Appliance Guy logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of The Appliance Guy. You
herein agree not to display and/or use in any manner the The Appliance Guy logo or marks without obtaining The Appliance Guy‘s prior written
COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT CLAIMS NOTICE
The Appliance Guy will always respect the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and at its
sole discretion, The Appliance Guy may disable and/or terminate the
accounts of any user who violates our TOS and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following
The electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
A description of the location of the site which you allege has been infringing
upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner’s behalf.
The The Appliance Guy Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
The Appliance Guy
17878 Harmon Rd
KNOWN, that The Appliance Guy complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning
of video content. For more information, please visit our website at theapplianceguynwa.com.
TOS constitutes the entire agreement between you and The Appliance Guy and
shall govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to The Appliance Guy Services. You may
also be subject to additional terms and conditions that may apply when you use
or purchase certain other The Appliance Guy Services, affiliate Services,
third-party content or third-party software.
CHOICE OF LAW AND FORUM
at the mutual agreement of both you and The Appliance Guy with regard to
the TOS that the relationship between the parties shall be governed by the laws
of the state of Arkansas without regard to its conflict of
law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the
relationship between you and The Appliance Guy, shall be filed within
the courts having jurisdiction within the County of Washington, Arkansas or the U.S. District Court located in said state. You and The Appliance Guy agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
time, should The Appliance Guy fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right
or provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our Services
or the TOS must be filed within 2 year(s) after said claim or
cause of action arose or shall be forever barred.
report any and all violations of this TOS to The Appliance Guy as
The Appliance Guy
17878 Harmon Rd