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TERMS OF USE
Introduction
Welcome to AppliancePartsPros.com. This site is provided by AppliancePartsPros.com,
Inc. (referred to throughout this site as "AppliancePartsPros.com")
as a service to our customers. Please review the following rules that
govern your use of the AppliancePartsPros.com site (the "Agreement").
Please note that your use of the AppliancePartsPros.com site (the "Site")
constitutes your unconditional agreement to follow and be bound by these
Terms of Use. Although you may "bookmark" a particular portion
of this Site and thereby bypass this Agreement, your use of this Site
still binds you to these Terms of Use. AppliancePartsPros.com reserves
the right to update or modify these Terms of Use at any time without prior
notice to you. Your use of the Site following any such change constitutes
your unconditional agreement to follow and be bound by these Terms of
Use as changed. For this reason, we encourage you to review these Terms
of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify
that you are 18 years of age or older. If you are under the age of 18
but at least 13 years of age you may use this Site only under the supervision
of a parent or legal guardian who agrees to be bound by these Terms of
Use. AppliancePartsPros.com does not intentionally collect personal information
about children under the age of 13. Children under the age of 13 may not
use this Site and parents or legal guardians may not agree to these Terms
of Use on their behalf. If you are a parent or legal guardian agreeing
to these Terms of Use for the benefit of a child between the ages of 13
and 18, be advised that you are fully responsible for his or her use of
this Site, including all financial charges and legal liability that he
or she may incur. If you do not agree to (or cannot comply with) any of
these terms and conditions, do not use this Site. All billing and registration
information provided must be truthful and accurate. Providing any untruthful
or inaccurate information may constitute a breach of these Terms of Use.
By confirming your purchase at the end of the checkout process, you agree
to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons,
photographs, diagrams, programs, video clips and written and other materials
that are part of this Site (collectively, the "Contents") are
intended solely for personal, non-commercial use. You may download, copy
or print the Contents and other downloadable materials displayed on the
Site for your personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or participate
in any sale of or exploit in any way, in whole or in part, any of the
Contents, the Site or any related software. All software used on this
Site is the property of AppliancePartsPros.com or its suppliers and protected
by U.S. and international copyright laws. The Contents and software on
this Site may be used only as a shopping resource. Any other use, including
the reproduction, modification, distribution, transmission, republication,
display, or performance, of the Contents on this Site is strictly prohibited.
AppliancePartsPros.com is a trademark of AppliancePartsPros.com, Inc.
REPAIR MATERIALS, DOCUMENTS AND ADVICE: All of the repair information,
advice, instructions, data, and other Troubleshooting materials are provided
to you free of charge (collectively, the “Repair Materials”). As such,
AppliancePartsPros.com does not make any representations or warranties
with respect to any Repair Materials or the results you will achieve through
their use. APPLIANCEPARTSPROS.COM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU OR OTHERWISE WITH
RESPECT TO THE REPAIR MATERIALS. AppliancePartsPros.com is not, nor will
it be, liable for any personal or property injury, damage and/or liability,
whether in the form of direct, indirect, consequential, special, exemplary
or other damages, arising out of your use of or reliance upon the Repair
Materials, or the acts or omissions of AppliancePartsPros.com in relation
to the Repair Materials.
You may not, without AppliancePartsPros.com's prior express written permission,
"mirror" any Contents or Repair Materials contained on this
Website on any other server.
Site Security
Users are prohibited from violating or attempting to violate the security
of the Site, including, without limitation, (a) accessing data not intended
for such user or logging onto a server or an account which the user is
not authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization; (c) attempting to interfere with service
to any user, host or network, including, without limitation, via means
of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising
of products or services; or (e) forging any TCP/IP packet header or any
part of the header information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal liability.
AppliancePartsPros.com will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations. You agree not
to use any device, software or routine to interfere or attempt to interfere
with the proper working of this Site or any activity being conducted on
this Site. You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents
available from AppliancePartsPros.com on this Site and other than generally
available third party web browsers (e.g., Microsoft Explorer, Netscape
Navigator, etc.).
Order Acceptance
Please note that there may be certain orders that we are unable to accept
and must cancel. We reserve the right, at our sole discretion, to refuse
or cancel any order for any reason. For your convenience, you will not
be charged until your payment method is authorized, the order information
is verified for accuracy and your order is shipped. Some situations that
may result in your order being canceled include limitations on quantities
available for purchase, inaccuracies or errors in product or pricing information,
or problems identified by our credit and fraud avoidance department. We
may also require additional verifications or information before accepting
any order. We will contact you if all or any portion of your order is
canceled or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged, we
will issue a credit to your credit card in the amount of the charge.
Pricing Information
While AppliancePartsPros.com strives to provide accurate product and pricing
information, pricing, typographical or other errors may occur. AppliancePartsPros.com
cannot confirm the price of an item until after you order. In the event
that an item is listed at an incorrect price or with incorrect information
due to an error, AppliancePartsPros.com shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In the
event that an item is mispriced, AppliancePartsPros.com may, at our discretion,
either contact you for instructions or cancel your order and notify you
of such cancellation.
Prices and availability are subject to change without notice.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade
dress and/or other intellectual property owned, controlled or licensed
by AppliancePartsPros.com, one of its affiliates or by third parties who
have licensed their materials to AppliancePartsPros.com and are protected
by U.S. and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this site is
the exclusive property of AppliancePartsPros.com and is also protected
by U.S. and international copyright laws. Some diagrams on the Site are
the property of the referenced manufacturer, such as Maytag or Whirlpool,
etc.
AppliancePartsPros.com and its suppliers and licensors expressly reserve
all intellectual property rights in all text, programs, products, processes,
technology, content and other materials which appear on this Site. Access
to this Site does not confer and shall not be considered as conferring
upon anyone any license under any of AppliancePartsPros.com's or any third
party's intellectual property rights.
The AppliancePartsPros.com logos and all related product and service
names, design marks and slogans are the trademarks or service marks of
AppliancePartsPros.com, Inc. All other marks are the property of their
respective companies. No trademark or service mark license is granted
in connection with the materials contained on this Site. Access to this
Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of
third parties or hypertext links to third party sites or information are
provided solely as a convenience to you and do not in any way constitute
or imply AppliancePartsPros.com's endorsement, sponsorship or recommendation
of the third party, information, product or service. AppliancePartsPros.com
is not responsible for the content of any third party sites and does not
make any representations regarding the content or accuracy of material
on such sites. If you decide to link to any such third party web sites,
you do so entirely at your own risk.
User Reviews, Feedback, Submissions, Comments, Inventions
All reviews, comments, questions, feedback, postcards, suggestions, ideas,
directions, instructions, and other submissions disclosed, submitted or
offered to AppliancePartsPros.com on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively,
the "Comments") shall be and remain AppliancePartsPros.com's
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to AppliancePartsPros.com of all worldwide rights, titles
and interests in all copyrights and other intellectual properties in the
Comments.
Thus, AppliancePartsPros.com will own exclusively all such rights, titles
and interests and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. AppliancePartsPros.com will be entitled
to use, reproduce, disclose, modify, adapt, create derivative works from,
publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way.
AppliancePartsPros.com is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments. You agree that any Comments
submitted by you to the Site will not violate this policy or any right
of any third party, including copyright, trademark, privacy or other personal
or proprietary right(s), and will not cause injury to any person or entity.
You further agree that no Comments submitted by you to the Site will be
or contain libelous or otherwise unlawful, threatening, abusive or obscene
material, or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any form of "spam".
AppliancePartsPros.com does not regularly review posted Comments, but
does reserve the right (but not the obligation) to monitor and edit or
remove any Comments submitted to the Site. You grant AppliancePartsPros.com
the right to use the name that you submit in connection with any Comments.
You agree not to use a false email address, impersonate any person or
entity, or otherwise mislead as to the origin of any Comments you submit.
You are and shall remain solely responsible for the content of any Comments
you make and you agree to indemnify AppliancePartsPros.com and its affiliates
for all claims resulting from any Comments you submit.
AppliancePartsPros.com and its affiliates take no responsibility and
assume no liability for any Comments submitted or used by you or by any
third party, or submitted by AppliancePartsPros.com or its affiliates.
You agree that your use of or reliance on any of the Comments shall be
at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless AppliancePartsPros.com
and its affiliates from and against any and all claims, damages, costs
and expenses, including attorneys' fees, arising from or related to your
use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either
you or AppliancePartsPros.com. You may terminate this Agreement at any
time, provided that you discontinue any further use of this Site. AppliancePartsPros.com
also may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, if in AppliancePartsPros.com's
sole discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by either you or AppliancePartsPros.com,
you must promptly destroy all materials downloaded or otherwise obtained
from this Site, as well as all copies of such materials, whether made
under the Terms of Use or otherwise. AppliancePartsPros.com's rights to
any Comments, and rights to indemnity, shall survive any termination of
this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY APPLIANCEPARTSPROS.COM ON AN "AS IS"
AND "AS AVAILABLE" BASIS. APPLIANCEPARTSPROS.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLIANCEPARTSPROS.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, APPLIANCEPARTSPROS.COM DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED
ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE APPLIANCEPARTSPROS.COM
WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER
DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF
THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL APPLIANCEPARTSPROS.COM
OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS
OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY EXEMPLARY,
PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES
OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE APPLIANCEPARTSPROS.COM WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF APPLIANCEPARTSPROS.COM HAS BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL APPLIANCEPARTSPROS.COM
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION
WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE
ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and
supersedes all prior agreements and representations between them. Headings
used in these Terms of Use are for reference purposes only and in no way
define or limit the scope of the section. If any provision of this Agreement
is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the other terms
of this Agreement shall remain in full force and effect. The failure of
AppliancePartsPros.com to act with respect to a breach of this Agreement
by you or others does not constitute a waiver and shall not limit AppliancePartsPros.com's
rights with respect to such breach or any subsequent breaches. This Agreement
cannot be modified or waived except in a writing signed by the President
of AppliancePartsPros.com. This Agreement shall be governed by and construed
under California law without regard to conflicts of law provisions. Any
action or proceeding arising out of or related to this Agreement or your
use of this Site must be brought in the state or federal courts located
in Los Angeles, California, and you consent to the exclusive venue in
and personal jurisdiction of said courts.
Your Representations
You represent that you are not under any legal or other disability which
limits your ability to comply with these Terms or to install and use the
products you purchase with minimal risk of harm to you or others. You
further represent that you are not purchasing the products for resale
to others and will not do so without AppliancePartsPros.com's prior written
consent.
©2000 - 2007 AppliancePartsPros.com, Inc. All rights reserved.
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