Terms of Use
Last Updated: January 15, 2025
Please read carefully. These Terms of Use ("Terms") set forth important details about your relationship with us, including the rights you grant to us, restrictions on how you can use the website or mobile application ("Site"), and our agreement to resolve disputes via binding arbitration without resort to class action litigation.
All visitors to and users of any aspects of the Site (collectively, "Users") are bound by these Terms. By signing in or registering to use the Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Site.
Note that we offer a wide range of products and services, and sometimes additional terms and conditions may apply, in which case you will be notified of such additional terms and conditions.
Definitions
Site
"Site" refers to https://www.appliancedirect.com/ and all content, services, and functionality available through it.
Users
All visitors to and users of any aspects of https://www.appliancedirect.com/
User Content
Any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Site.
Marks
All trademarks, service marks, and trade names that appear on the Site.
Company Content
Content included on the Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials.
Eligibility
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.
Additionally, we reserve the right to deny access or use of the Site and the products and services offered on it to anyone at any time in our sole and absolute discretion.
Privacy
We believe strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.
Electronic Communications
When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Changes to the Site
You agree and understand that these Terms of Use and the Site, including any and all features available via the Site and any User Content, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, services, enhancements or modifications implemented after your initial access to the Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any User Content. Nonetheless, we reserve the right to investigate and take appropriate action against anyone who violates these Terms, including without limitation by removing User Content, terminating registrations or blocking access.
Registration
In order to access some features of the Site, you may be required to register, signup, or create an account. If you register, signup, or create an account, you agree to provide us with accurate and complete information, and to inform us immediately of any updates or other changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a user account in our discretion.
Security
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your user account and password, whether or not you authorize such activities. Any user account and password for your access to the Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your user account or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Copyright
Images of people, places and/or products posted on the Site are either the property of us or our licensors. Unless otherwise noted, all content included on the Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with "Marks", "Company Content") is the property of us or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of the Site is the exclusive property of us and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Trademarks
All trademarks, service marks, and trade names (collectively the "Marks") that appear on the Site are proprietary to us, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without our prior written consent.
Use of the Site
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
Third Party Advertisements and Links to Third Party Sites
We may display advertisements from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein.
Disclaimer of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL WE, AND OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE.
Dispute Resolution
For Individuals Residing in the United States
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and us agree that any dispute arising out of or in any way related to these Terms or your use of the Site or any merchandise will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or merchandise, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration will be governed by the Federal Arbitration Act and administered by the American Arbitration Association under its Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes.
Contact Us
If you have any questions about these Terms, please contact us.
