TERMS OF SERVICE AGREEMENT
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 TN Appliance Exchange Inc, located at 5403 Murfreesboro Rd La Vergne Tennessee 37086 and 1432 Highway 70 East Dickson Tennessee 37055, and our subsidiaries and affiliates, in association with the use of the TN Appliance Exchange Inc website, which includes www.tnapplianceexchange.net (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
This Site is an e-commerce website which has the following description:
This website is a store front for our business. It is also a venue to purchase appliances, parts, services, and more. It is not limited to these services. We do not offer refunds only store credit.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include 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 TN Appliance Exchange Inc. At its discretion, TN Appliance Exchange Inc may offer additional website Services and/or products, or update, modify or revise any current content and Services, and the Agreement shall apply to any and all additional Service unless otherwise stipulated. TN Appliance Exchange Inc 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 TN Appliance Exchange Inc 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 currently in effect. Should you not agree to the updated, modified, revised terms, you must stop using the provided Services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS: and as such TN Appliance Exchange Inc shall not assume any responsibility or obligations for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, orpersonalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to 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 date 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 law, statues and regulations, including, but not limited to, the Export Administration Regulations (www.access.gpo.gov/bis/ear/ear_date.html), as well as the sanctions control program of the United States (www.treasury.gove/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. (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 transfer an software, technology or any other technical date 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, not upload any software, technology or any other technical date which would be in violations of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
TN Appliance Exchange Inc shall not lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for TN Appliance Exchange Inc 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 TN Appliance Exchange Inc’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 the content was placed and/or made available for viewing. This license shall be available so long as you are a member of TN Appliance Exchange Inc’s sites, and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphic submitted or made available for inclusion on the publicly accessible areas of TN Appliance Exchange Inc’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’re a member of TN Appliance Exchange Inc’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 TN Appliance Exchange Inc’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 the whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of TN Appliance Exchange Inc’s sites are those such areas of 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 visitors.
CONTRIBUTIONS TO COMPANY WEBSITE
TN Appliance Exchange Inc 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
- TN Appliance Exchange inc shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.
- TN Appliance Exchange Inc shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may seem fit;
- The contributor’s Contributions shall automatically become the sole property of TN Appliance Exchange Inc; and
- TN Appliance Exchange Inc is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree in insure and hold TN Appliance Exchange Inc, 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 TN Appliance Exchange Inc Services or your connection with these Services, your violations of the Terms or Service and/or 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 TN Appliance Exchange Inc Sites.
TN Appliance Exchange Inc shall reserve the right at any time it may be 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.
Any correspondence or business dealing 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 TN Appliance Exchange Inc shall not be held responsible or liable of 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.
Either TN Appliance Exchange Inc 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 TN Appliance Exchange inc 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.
You do hereby acknowledge and agree that TN Appliance Exchange Inc’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 law. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented b and through our Services or by advertisers in protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, expect for that which is expressly permitted by applicable law or as authorized by TN Appliance Exchange Inc or such applicable licensor, you agree not to alter, modify, lease, rent, load, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on TN Appliance Exchange Inc Services (e.g. Content or Software), in whole or part.
TN Appliance Exchange inc herein has granted you personal, no 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 of change the Software in any manner, natures 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 or Services through any means other than through the interface which is provided by TN Appliance Exchange Inc for the use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF TN APPLIANCE EXCHANGE INC SERVICES AND SOFTWARE ARE AT THE SOLE RISH BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” “AND/OR” “AS AVAILABLE” BASIS. TN APPLIANCE EXCHANGE INC 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 LIMITIED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TN APPLIANCE EXCHANGE INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) TN APPLIANCE EXCHANGE INC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TN APPLIANCE EXCHANGE IN SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TN APPLIANCE EXCHANGE INC 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 THOUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.
- ANY OTHER INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF TN APPLIANCE EXCHANGE INC 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 DAMAGES 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 OF MATERIAL
- NO ADVICE AND/OR INFORMATION DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TN APPLIANCE EXCHANGE INC OR B WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATE 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 CONDTIONS MAY INDUE A PREVOUSLY UNNOWN CONDTION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOU FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAIN 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
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TN APPLIANCE EXCHANGE INC AND OUR SUBISDAIRES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPCIAL, CONSEQUENIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATE AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVSED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OF INABILITY TO USE OUR SEVICE
- THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIR PARTY ON OUR SERVICE
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should 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. TN Appliance Exchange Inc’s content is provided primarily for information purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. TN Appliance Exchange Inc 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.
EXCLUSIONS AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OF THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS FO SCTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provide in this TOS, that there shall be third-party beneficiaries to this agreement.
TN Appliance Exchange Inc may furnish you with notices, including those with regards to any changes in 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 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 authorize manner.
You herein acknowledge, understand and agree that all of the TN Appliance Exchange Inc trademarks, copyright, trade name, service marks, and other TN Appliance Exchange Inc logos and any brand features and/or product and service names are trademarks and as such, are and shall remain the property of TN Appliance Exchange Inc. You herein agree not to display and/or use in any manner the TN Appliance Exchange Inc logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
TN Appliance Exchange Inc will always respect the intellectual property of others, and we ask that all or our users to the same. With regards to appropriate circumstances and at its sole discretion, TN Appliance Exchange inc may disable and/or terminate the accounts of any user who repeatedly 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 as copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- 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 copyright 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;
- The 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 owners, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owners behalf
The TN Appliance Exchange Inc Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
TN APPLIANCE EXCHANGE INC
5403 MURFREESBORO RD
LA VERGNE,TN 37086
BE IT KNOW, that TN Appliance Exchange Inc complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit of website at www.tnapplianceexchange.net.
This TOS constitutes the entire agreement between you and TN Appliance Exchange Inc and shall govern the use of our Services, superseding any prior version of this TOS between you and use with respect to TN Appliance Exchange Inc Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other TN Appliance Exchange Inc Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and TN Appliance Exchange Inc with regard to the TOS that the relationships between the parties shall be governed by the laws of the state of Tennessee 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 TN Appliance Exchange Inc shall be filed within the courts having jurisdiction within the County of Rutherford, Tennessee or the U.S District Court located in said state. You and TN Appliance Exchange Inc agree to submit 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 court.
WAIVER AND SEVERABILITY OF TERMS
At any time, should TN Appliance Exchange Inc 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
You 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 tour Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to TN Appliance Exchange Inc as follows:
TN APPLIANCE EXCHANGE INC
ATTN: COPYRIGHT AGENT
5403 MURFREESBORO RD
LAVERGNE TN 37086