Appliance Magic

APPLIANCE MAGIC

Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY INTERNET 404 TECHNOLOGIES, INC. (DBA “APPLIANCE MAGIC”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://WWW.APPLIANCE MAGIC.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY APPLIANCE MAGIC ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Appliance Magic is a Venue

Appliance Magic attempts to be as accurate as possible in describing items for sale on the Site. However, Appliance Magic does not warrant that product descriptions or other content of any Appliance Magic Service is accurate, complete, reliable, current, or error-free. If a product offered by Appliance Magic itself is not as described, your sole remedy is to return it in unused condition. For more information, please review our policies for warranty and returns

2. Membership Eligibility

Age: Appliance Magic’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Appliance Magic may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Appliance Magic’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Appliance Magic from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Appliance Magic of any unauthorized use of your password or any breach of security. You also agree that Appliance Magic cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Appliance Magic without Appliance Magic’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your Appliance Magic account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Appliance Magic’s services are not available to temporarily or indefinitely suspended Appliance Magic members. Appliance Magic reserves the right, in Appliance Magic’s sole discretion, to cancel unconfirmed or inactive accounts. Appliance Magic reserves the right to refuse service to anyone, for any reason, at any time.

3. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Appliance Magic and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Appliance Magic.

Restricted Activities: Your Content and your use of Appliance Magic shall not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  • Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Appliance Magic staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Be obscene or contain child pornography
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Host images not part of a listing
  • Modify, adapt or hack Appliance Magic or modify another website so as to falsely imply that it is associated with Appliance Magic;
  • Appear to create liability for Appliance Magic or cause Appliance Magic to lose (in whole or in part) the services of Appliance Magic’s ISPs or other suppliers
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Appliance Magic.
  • Furthermore, you may not list any item on Appliance Magic (or consummate any transaction that was initiated using Appliance Magic’s service) that could cause Appliance Magic to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

4. Resolution of Disputes and Release

In the event a dispute arises between you and Appliance Magic, please contact Appliance Magic.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Appliance Magic agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

5. Appliance Magic’s Intellectual Property

Appliance Magic, and other Appliance Magic graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Appliance Magic in the U.S. and/or other countries. Appliance Magic’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

6. Access and Interference

Appliance Magic may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Appliance Magic is updated on a real-time basis and is proprietary or is licensed to Appliance Magic by Appliance Magic’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Appliance Magic for any purpose whatsoever without Appliance Magic’s prior express written permission. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose, in Appliance Magic’s sole discretion, an unreasonable or disproportionately large load on Appliance Magic’s infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior express written permission of Appliance Magic and the appropriate third party, as applicable
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  • Bypass Appliance Magic’s robot exclusion headers or other measures Appliance Magic may use to prevent or restrict access to Appliance Magic

7.  Breach
Without limiting any other remedies, Appliance Magic may, without notice, and without refunding any fees, delay or immediately remove Content, warn Appliance Magic’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: Appliance Magic suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Appliance Magic is unable to verify or authenticate any of your personal information or Content; or Appliance Magic believes that a user is acting inconsistently with the letter or spirit of Appliance Magic’s policies, has engaged in improper or fraudulent activity in connection with Appliance Magic or the actions may cause legal liability or financial loss to Appliance Magic’s users or to Appliance Magic.

 8. Privacy

Customer information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the consent of the customer, other than for the express purpose of delivering the purchased product or service requested by the customer.

For your safety and protection, your credit card information is not stored on our servers. Our payment gateway provider, Paypal, keeps this information encrypted and secure on your behalf.

The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to periodic company news, updates, and/or related product or service information, etc.

If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, promotions, etc. However, you may opt-out at any time by clicking the unsubscribe link located at the bottom of the emails.

If you decide to opt-in to our SMS list, you will receive text messages that may include promotions, links, company news, updates, etc. You may opt out to any of these text messages by replying to them with the word “STOP.”