Updated Terms and Conditions Agreement
Effective: March 1st, 2019
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Spokane Appliance Recycling (“SAR”)
By signing up for our services either through our website (https://www.SpokaneApplianceRecycling.com), Via phone or through other 3rd party websites and applications, you as the customer understand and agree to be bound by the following terms:
#1 User Representations, Warranties and Covenants
You are of legal age in the jurisdiction in which you reside to form a binding contract with SAR; and you have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization or other legal entity you have named as the user during the registration process and to bind that company, organization or entity to the Agreement. The terms “you,” “user” and “users” refer to all individuals and other persons who access or use the Website, and/or Services, register by phone, or through 3rd party websites, including, without limitation, any companies, organizations or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives. SAR reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Website, Software or Services at any time, effective upon posting of an updated version of this Agreement on the Website or Software. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. By Using SAR website or services you agree that: (a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes. (b) You will not use the Services to cause nuisance, annoyance or inconvenience. (c) You will not copy or distribute the Software or any content displayed through the Services without prior written permission from SAR. (d) You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
(e) The information you provide to us when you register for services or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request. (f) You are aware that when requesting Services or communication by SMS text messages, standard messaging charges will apply. (g) You will only use the Services for your own use and will not resell the Services to a third party. (h) You will not use the Website in any way that could damage, disable, overburden or impair any Company server, or the networks connected to any Company server. (i) You will not attempt to gain unauthorized access to any part of the Website and/or to any service, account, resource, computer system and/or network connected to any Company server. (j) You will not deep-link to the Website or access the Website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Website or any content on the Website, unless SAR has given you permission to do so in writing. (k) You will not copy any content displayed through the Services for republication in any format or media. (l) You will not conduct any systematic retrieval of data or other content from the Website, Software or Services. (m) You will not try to harm other Users or SAR, the Website, or Independent Contractors in any way whatsoever. (n) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Website, Software or Services. (o) You will not abuse our promotional or credit code system by redeeming multiple coupons at once.
Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Website, or any Services.
#2 User Content
(a) User Content. SAR may provide you with interactive opportunities through the Services, including, by way of example, the ability to post ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Services. You hereby grant SAR a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the SAR’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. (b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to SAR through its suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that SAR has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to SAR a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Service Providers or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are the companyconsidered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by SAR and do not represent the views of SAR or its affiliates. SAR does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Website, Customer Service and Independent Contractors Service; (ii) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.
#3 Intellectual Property Ownership
SAR alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, or the Services, or any intellectual property rights owned by SAR. The Company name, the Company logo, and the product names associated with the Website and Services are trademarks of SAR or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, or the Services.
#4 Payment & Refund Terms
SAR charges a fee for all appliances picked up at the address you specify. SAR may change the fees for our Services as we deem necessary or appropriate for our business. Charges paid by you for completed services are final and non-refundable. SAR has no obligation to provide refunds or credits when our services have been completed. If you fail to set your appliance out for haul away at the proper time, or if we or our contractors deem the location of the appliance(s) as unsafe, you will be given the option of rescheduling or canceling the appliance haul away service and receive a full refund. SAR, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract.
You agree to indemnify and hold harmless SAR and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Website, or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Website, or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. SAR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SAR in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, and/or Services.
#6 Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, OR THE SERVICES, TEXT, GRAPHICS OR LINKS.
SAR DOES NOT WARRANT THAT THE WEBSITE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SAR SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
#7 Limitation of Liability
(a) Cap on Liability. TO THE FULLEST EXTENT OF LAW SAR’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (a) AMOUNTS ACTUALLY PAID BY YOU TO SAR. (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF SAR FOR (a) DEATH OR PERSONAL INJURY CAUSED BY SAR’S NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR (b) ANY INJURY CAUSED BY SAR’S FRAUD OR FRAUDULENT MISREPRESENTATION.
(b) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW SAR SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). SAR SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, OR SERVICES INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE WEBSITE OR SERVICES, EVEN IF SAR AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) THIRD PARTY LIABILITY. SAR CONTRACTS WITH AN INDEPENDENT CONTRACTOR TO HAUL AWAY APPLIANCES. ANY CLAIMS ARISING FROM DAMAGES DONE AS A RESULT OF THE APPLIANCE HAUL AWAY IS TO BE DIRECTED TO THE INDEPENDENT CONTRACTOR AND YOU SHALL HOLD SAR HARMLESS.
#8 Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a consumer of our Services, to any advertising or marketing communications regarding SAR or the Services, to any products or services sold or distributed through the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions with SAR as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or SAR may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, and copyrights). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST SAR IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. (c) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SAR. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and SAR.
(c) Waiver of Jury Trial. YOU AND SAR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and SAR are instead electing to have claims and disputes resolved by arbitration, except as specified in section 11(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
(d) Waiver of Class or Consolidated Actions. YOU AND SAR AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor SAR is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 8.
(g) Survival. This Arbitration Agreement will survive any termination of your relationship with SAR.
(e) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if SAR makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to SAR.
#9 Contact Information
Spokane Appliance Recycling welcomes your questions or comments regarding the Terms:
Spokane Appliance Recycling
P.O. Box 633
Mead, WA 99021
1 (509) 570-2612