Terms and Conditions

June 30, 2021

Table of Contents

1. The Terms
2. Acceptance of Terms
   Welcome to Appliance Gurus (“Service” or ”website“) owned and operated by Appliance Gurus, LLC DBA “Appliance Gurus “. By clicking “I Agree” on the payment page or account registration or using the website in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy, and all rules, policies and disclaimers posted on the website or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the website. Please review all of the Terms carefully before using the website.

By using the website , you (i) agree to be bound by the Terms, (ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged.

PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND APPLIANCE GURUS, LLC DBA “APPLIANCE GURUS” ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND APPLIANCE GURUS AND THE DISPUTE IS NOT RESOLVED INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION.  ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS.  ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.  YOU AND APPLIANCE GURUS ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE WEBSITE.

3. Definitions

The words “User,” “you” and “your” refer to the individual or entity that accepts these terms and conditions as a customer or creates a Appliance Gurus account Appliance Gurus Technician. “Appliance Gurus,” “we,” “us” and “our” refer to Appliance Gurus and all associated persons that work for or are contracted by Appliance Gurus. “Customer” refers to the person who asks a question on the website requests a service on the website and/or creates an account on the website. ”Appliance Gurus Technician(s)/Tech(s)” refers to a Certified Technician that renders diagnosis and advice specific to appliance repair via the Appliance Gurus website. Appliance Gurus “application(s)” refer to ApplianceGurus.net Appliance Gurus APPs for iOS and/or Android and any other future applications created or owned by Appliance Gurus.

4. Electronic Communications and Right to Modify Terms

When you visit Appliance Gurus via the website site ApplianceGurus.net or the Appliance Gurus APP (iOS or Android) or send an e-mail(s), enter into a chat or live Video Call while sharing your camera Appliance Gurus’ applications, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by chat, e-mail or by posting notices on this website.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Appliance Gurus may modify any of the Terms at any time by posting them on the application.  Changes shall automatically be effective upon posting; provided, however, that those changes and been made by or approved by Appliance Gurus, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User, either via email from a @ApplianceGurus.net email address to the User’s email address on file with Appliance Gurus  or via other means including but not limited to a pop-up or banner, messages or other conspicuous notices on the Appliance Gurus website  If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from Appliance Gurus email addresses.  Your continued use of the Service(s) will signify your acceptance of the changes.  If you do not accept the changes, your sole and exclusive remedy is to discontinue using any or all Appliance Gurus applications.  The latest Terms will be posted on the application, and you should always review them prior to using the application.

5. Appliance Gurus Website Applications

Appliance Gurus as a Venue for Distributing Appliance Repair Content
Appliance Gurus applications are a venue to allow Customers to ask questions and Appliance Gurus’ Technicians to answer them. Appliance Gurus’ Technicians provide the content in Chats and/or Video Calls (defined below). Each Appliance Gurus Technician will independently determine which questions to answer. Appliance Gurus Techs are employees of Appliance Gurus, LLC.

Appliance Gurus may, from time to time, monitor the quality of interactions between its Technicians and Customers to evaluate the quality of service being rendered and ways in which service quality can be improved.  You understand and acknowledge that Appliance Gurus cannot guarantee that the advice or content of Video Calls will result in an appliance being repaired.  Because of the limitations of providing services by a Video Call versus in-person, we cannot ensure that a Technician will be able to complete their diagnosis remotely. Notwithstanding the foregoing, Appliance Gurus reserves the right, but is not obligated, to remove any User’s access to any and all Appliance Gurus applications.

Chats and Video Calls Are Not Private nor Confidential; Anonymity

Appliance Gurus’ applications is/are forum(s). Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and Chats and/or Video Calls on all Appliance Gurus’ applications or in the Chats and/or Video Call forum and other places where Users communicate on the application(s) (“Chats” or “Video Calls”) is not private or confidential, and it may be read, collected, and used by others. 

Information. Appliance Gurus’ Techs may be licensed, certified, educated, employed by or have experience in particular Appliances.

Communications on Appliance Gurus applications are limited to, and as described above, do not include safeguards and procedures typical of in-person evaluations and visits.  Before you can interact with an Appliance Guru Technician, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.

6. User Accounts; Restricted Activities; Suspension or Termination of Service

User Accounts. When you register as a User on any or all Appliance Gurus applications, you can establish a user name and password for access to your online account (if applicable). You are responsible for maintaining the confidentiality of all user names, passwords, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account.  You will immediately notify Appliance Gurus of any unauthorized use of your password or account.  You should only create one account on each Appliance Gurus application.  If your Appliance Gurus account has been suspended or terminated, you may not open another account on the application. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Appliance Gurus accounts.

Restricted Activities.  You agree that any content you provide on all Appliance Gurus applications  and your use of any Appliance Gurus application initiated through the website  shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) have the aim of competing with Appliance Gurus; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on any Appliance Gurus application without Appliance Gurus’ prior written consent.  We do not knowingly collect personal information from children under 18 years of age, and if we become aware that a child under the age of 18 has submitted personal information to us, we will promptly remove it from our systems.

You are prohibited from soliciting Users of this website including Appliance Gurus Techs, for any purpose (including inviting other Users to contact you off of the website or inviting Users to participate in a website that competes with Appliance Gurus or the website, including, but not limited to, charging money to receive answers or to communicate with purported Appliance Gurus Techs or specialists).

Suspension or Termination of Service.  You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to admin@ApplianceGurus.net. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed, and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the terms.

At any time, with or without notice, for any or no reason, Appliance Gurus reserves the right to refuse service to anyone, to modify and discontinue any portion of any Service, and to restrict, suspend and terminate Users’ accounts.

7. Charges, Refund, and Cancellation Policy
   Appliance Gurus’ platform allows Customers to pose questions to Appliance Gurus Techs, facilitate communication with Appliance Gurus Techs via chat and live Video Call with camera sharing, and enable delivery of answers to questions, among other services. Customers on an Appliance Gurus application may be presented with one of three payment models: (1) pay-for diagnosis and/or repair model; (2) pay-for parts model; and (3) pay-for-replacement.

Pay for Diagnosis and/or Repair. A flat fee of $59 is charged and the technician will offer up to 30 minutes of advice on how to determine the fault with the Customer’s Appliance and/or offer advice on how to conduct a repair on the Customer’s Appliance in question. Customer must be with their Appliance in order to achieve the maximum benefit of their scheduled Video Call appointment. If there are technical difficulties attributable to the Customer’s Internet and/or mobile connection speed or strength, then a second appointment may need to be scheduled. In this instance the second appointment will be charged at a 50% discount or $29.50 for the appointment time slot.

Payment for Multiple Appliances’ Diagnosis and/or Repair. If the Customer has multiple Appliances they wish to address in a scheduled Video Call with an Appliance Gurus’ Technician, there is a sliding scale discount offered as follows:

For two (2) to three (3) total Appliances a flat fee of $59 will be charged for the first Appliance, then for Appliances two (2) and three (3), the flat fee is reduced to an additional $54 per appliance, and includes two 30 minute time slots (instead of just one); For four (4) to five (5) total Appliances, the flat fee is $59 for the first Appliance, then the flat fee is reduced to $49 per Appliance up to total appliances and includes four 30 minute time slots; for six (6)+ total Appliances, the flat fee is $59 for the first Appliance, then the flat fee is reduced to $44 per Appliance for six or more Appliances and includes six 30 minute time slots.

Pay for Parts. The Customer may purchase parts directly with the Appliance Guru Technician after a proper diagnosis is rendered.  Once ordered, the parts will be shipped directly to the Customer where they can either schedule another Video Call with an Appliance Gurus Technician to be guided on repairing the Appliance themselves or Appliance Gurus can assist in locating an available onsite appliance repair business that is local to the Customer, to complete the onsite appliance repair process.

Pay for Replacement.  Because of the wide variation of possible causes for appliance failure, if an appliance is over 10-12 years old, it may not be economically feasible to try and have the appliance repaired. In this case, where available, Appliance Gurus can facilitate the appliance replacement at ‘bulk pricing,’ and pass some of the savings on to the Customer.

Referral to Onsite Appliance Repair Companies.  In many cases, where the Customer is either unwilling or uncomfortable trying to repair the Appliance themselves, Appliance Gurus can refer them to appliance repair companies local to the Customer to deliver onsite repair services. If onsite repair is required, the charge for the Appliance Gurus Video Call is applied to the cost of the onsite appliance repair cost. As of the most recent update to these Terms and Conditions, Appliance Gurus is not charging for this referral service.

Refunds, Cancellations, Abuse and Special Programs. Appliance Gurus takes customer satisfaction very seriously.

Generally, the refund policy for scheduled Video Call appointments with Appliance Gurus Technicians are as follows:

Rescheduled Appointments.  If the Customer reschedules their Video call appointment at least 24 hours in advance, there is no additional charge for this. If the Customer reschedules their Video Call appointment on the same day, at least one hour prior to their appointment, then the Customer will be charged an additional $15 fee for the last minute change. If the Customer does not reschedule their appointment until less than an hour has expired to their scheduled appointment, then this will be treated as a ‘No-Show.’

Customer Initiated Cancellations.  If a Customer cancels their scheduled Video Call appointment at least 48 hours in advance, then they will be entitled to a full, 100% refund. If the cancellation is made less than 48 hours, greater than 24 hours of the scheduled appointment, then the Customer shall be entitled to a 50% refund. If the Customer cancels their scheduled appointment on the same day and two hours prior to the scheduled time, they shall be entitled to a 25% refund. If the customer cancels less than two hours prior to or ‘No-shows’ for their scheduled appointment, they shall not be entitled to any refund as that time slot with an Appliance Gurus Technician is considered used.

Appliance Gurus’ Initiated Cancellation.  If through no fault of the Customer, Appliance Gurus’ Technician cannot make the scheduled appointment, a notice will be forwarded to the Customer by text or email, and the Customer can reschedule to any available time slot without any additional charges for the Video Call (except any parts that are ordered separately), regardless of whether the appointment is the same day as the canceled appointment or not.

Parts Returns.  In the case where a part was ordered, but was deemed incorrect after the Appliance Guru completed their initial diagnosis and suggested a replacement part for the Customer, the Customer has the right to return the part for a full refund, within three (3) business days of the part being returned. When returning an incorrect part, the Customer just needs to package it and ship by US Postal Service (USPS) to Appliance Gurus, LLC PO Box 811, Gladstone, OR 97027.  In the case of replacing an incorrect part, Appliance Gurus can adjust the invoice to reflect the price difference (if any) to have the correct part shipped to the Customer.

For Unsatisfied Customers, for any reason, then as your secondary remedy to any of the items listed in this Section 7., and within thirty (30) days of when you paid on Appliance Gurus, you may request a refund by contacting Customer Service. You may contact customer service at either support@ApplianceGurus.net or 503-730-1783.  Appliance Gurus maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Appliance Gurus’ sole discretion, to defined and limited Users or non-Users.

Abusive Behavior.  Should a Customer become belligerent, disrespectful, rude, or abusive to the Appliance Gurus Technician during the Video Call, the Video Call will be immediately terminated and the Customer shall not be entitled to a refund.

Receipt of Special Offers and Other Communications
By accepting these Terms, you agree to receive coupons, special offers, and other communications from Appliance Gurus per the terms of the Privacy Policy.

8. Legal Statements

Release. Users are responsible for their acts and omissions and content placed on any Appliance Gurus application. Appliance Gurus will not be liable to Users for any disputes that may arise between or among Users.

Proprietary Rights of Content. You acknowledge that Appliance Gurus and its licensors and suppliers own the rights to all Appliance Gurus applications and the content displayed on the application other than Chats or Video Calls. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of any Appliance Gurus application, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Appliance Gurus, Appliance Gurus Users, or Appliance Gurus Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes.  For permission to use third-party materials appearing on any Appliance Gurus application, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through any Appliance Gurus application.  The posting of information or materials on Appliance Gurus’ application does not constitute a waiver of any right in such information and materials.

Any access to, or use of, Appliance Gurus to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website , or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Appliance Gurus  (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of Appliance Gurus is prohibited. This prohibition specifically applies but is not limited to, software, programs, applications, and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology, or product that exists now or in the future.

If you access Appliance Gurus applications, you may not copy, display, distribute, perform or create derivative works from the content displayed on the website or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Appliance Gurus applications or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Appliance Gurus webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.

You agree that Chats on the website(s) (s), materials, ideas, comments, and testimonials you submit on the website(s) (s) or other venues, including but not limited to the Appliance Gurus blogs; the Appliance Gurus venues on facebook.com, twitter.com, youtube.co, pinterest.com, google.com, linkedin.com, the website(s) (s)  administrator or any employee, officer or agent of Appliance Gurus  (“User Content”), will not be considered confidential and may be used by Appliance Gurus, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Appliance Gurus owns, and has the right to register in its name, trademarks, and service marks for any category names that you create on Appliance Gurus, so do not use a category name that you want to reserve for your own benefit.  Appliance Gurus may use other trademarks or service marks in lieu of the category names that you create.

You grant to Appliance Gurus a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Chats and User Content, in any media now known or not currently known, with respect to any such Chats and other User Content.

No Endorsement of Non-Appliance Gurus Entity; No Relationship with Users

Appliance Gurus may endeavor to offer to its Users products and services offered by non-Appliance Gurus entities. Any Appliance Gurus application may contain links to third-party website(s) (s) and service providers (collectively, “Third Party Services”) that are not owned or controlled by Appliance Gurus. Appliance Gurus has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third-Party Services.  Appliance Gurus encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies.  Appliance Gurus cannot and will not censor or edit the content of any Third Party Service.  Placement of information, logos, links or names of such non-Appliance Gurus entities on the website(s) (s) does not constitute an endorsement or warranty of these entities, their products or services. By using this website, you agree that Appliance Gurus is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold Appliance Gurus harmless from any and all liability arising from such actions, and you expressly relieve Appliance Gurus from all liability arising from your use of third-party Services.

You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Appliance Gurus or between any User (including Customers and Appliance Gurus Techs) and Appliance Gurus by formation of this Agreement (or any of the Terms) or by your participation on any Appliance Gurus application.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE(S) AND/OR (S) , FROM THIRD PARTIES OR OBTAINED FROM A LINKED  WEBSITE(S) (S) . PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

9. Information Control and Storage

Please use caution and common sense when using any Appliance Gurus application.

The amount of storage space per User is currently limited.  You agree that Appliance Gurus is not responsible or liable for the deletion or failure to store content and/or other information.

Exclusion of Warranties
APPLIANCE GURUS SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. APPLIANCE GURUS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLIANCE GURUS DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED WEBSITE  WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES WILL APPLIANCE GURUS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S APPLIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, FROM THIRD PARTIES (SUCH AS THIRD PARTY APPLIANCE TECHS OR OTHERS) OR A LINKED WEBSITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED  WEBSITE . USE OF THIS WEBSITE IS AT USERS’ SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLIANCE GURUS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.

Limitation of Liabilities
IN NO EVENT SHALL APPLIANCE GURUS, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO APPLIANCE GURUS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify and hold Appliance Gurus, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the website.

Press Releases and Third-Party Press about Appliance Gurus
An Appliance Gurus application may contain press releases and other information about Appliance Gurus. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Appliance Gurus. Likewise, third-party press about Appliance Gurus or the website should not be relied upon as being provided or endorsed by Appliance Gurus.

Choice of Law
The Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflicts of law provisions.

Dispute Resolution
If you have a dispute with Appliance Gurus or if Appliance Gurus has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:

(a)Informal Resolution.  Prior to initiating mediation or arbitration, the party with a grievance must:

(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed.  Such a writing must be sent to the User’s email address on file with Appliance Gurus, or Appliance Gurus, PO Box 811, Gladstone, OR 97027 or Admin@ApplianceGurus.net, whichever is applicable (“Dispute Notification”);

(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.

(iii) The other party then has 15 days to consider the response and reply.

 (c) ARBITRATION.  IF MEDIATION DOES NOT OCCUR OR IF MEDIATION DOES NOT RESOLVE THE DISPUTE, THEN BOTH PARTIES AGREE TO ARBITRATE ANY DISPUTES THEY HAVE WITH THE OTHER SO LONG AS SUCH DISPUTES ARE ARISING OUT OF OR RELATED TO THIS AGREEMENT. 

SPECIFICALLY, YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT GOVERNS SECTION 20(B) AND THAT YOU AND APPLIANCE GURUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY INVOLVING ALL DISPUTES, CLAIMS AND CONTROVERSIES, OF ANY SORT OR NATURE, BETWEEN US, ARISING OUT OF THE USE OF THE WEBSITE AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION REGARDING ANY DISPUTE.  YOU AND APPLIANCE GURUS AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.  YOU MUST FILE ANY DEMAND FOR ARBITRATION. YOU MAY HAVE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”).  SUCH ARBITRATION IS FINAL AND BINDING AND WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY, “AAA RULES”).  THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. 

(d) CLASS ACTION WAIVER.  YOU AND APPLIANCE GURUS  EXPRESSLY AGREE THAT: (i) EACH PARTY MUST BRING CLAIMS AGAINST THE OTHER ONLY IN  AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (ii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; AND (iii) NO CLAIMS MAY BE MADE THROUGH AN ACTION PURPORTING TO REPRESENT A CLASS OF USERS OR OTHERWISE ASSERTING CLAIMS ON BEHALF OF A CLASS (“CLASS ACTION WAIVER). 

This Dispute Resolution section shall survive termination of this Agreement.

10. Agreement; Assignment; Miscellaneous
    The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties, and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Appliance Gurus employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Appliance Gurus), the Terms will prevail.  To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail over other terms of the website; also, this Agreement, the Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies any Appliance Gurus application. If any provision(s) of the Terms is held by any arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Appliance Gurus’ failure to exercise or enforce any of the Terms shall not constitute a waiver of Appliance Gurus’ right to exercise or enforce the Terms as to the same or another instance. Headings in these Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You agree that Appliance Gurus may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the website , the pricing offered, and fraud mechanisms in place, are based upon individual usage.  Appliance Gurus shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Appliance Gurus. No delay or omission on the part of Appliance Gurus in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.