1. General 1.1 This agreement governs your use of www.applianceuniversity.com (ACTION SERVICE COMPANY*, APPLIANCE UNIVERSITY, A.U.,or AppUn., Agreement of Use"A.U.") information service known as of web site applianceuniversity.com or www.applianceuniversity.com, Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, are referred to as this "Agreement". All the above mention Company, web sites and domain names will be thus known and referred to as "The Parties" in this document.
1.2 "The Parties" reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by "The Parties" as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
2. Use of Content 2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of "The Parties" or third parties. All Content on the Service is copyrighted as a collective work of "The Parties" pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Training videos by be used for training purposes of service companies, or their for personal viewing, but never duplicated. SEE BELOW.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement.
2.3 You may download or copy the Content only for your own personal use or training purposes. provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of "The Parties", or the owners of such Content or their authorized persons, if other than "The Parties".
3. Rules of Conduct 3.1 You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, Patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services.
4. Managing Content 4.1 "The Parties" does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, "The Parties" reserves the right to delete, move or edit any Content (including Content posted in any interactive area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely res-ponsible for all Content posted by you. "The Parties" shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement 5.1 "The Parties" does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users are the views of the user posting the statement, and do not represent the views of "The Parties".
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that "The Parties" is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. Indemnity 6.1 You agree to indemnify, defend and hold "The Parties" and its distributors, and their respective officers, directors, owners, agents, information providers and licensors (collectively, "The Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any "The Parties". Party in connection with any use or alleged use of the Service under your identification by any person, whether or not authorized by you. "The Parties" reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with "The Parties’" defense of such claim.
7. TERMS: 7.1 Appliance University accepts Visa, Master Charge or American Express debit or credit cards.
8. Termination of Service: 8.1 "The Parties" reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including any interactive areas, at any time for any reason without prior notice or liability. "The Parties" may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including any interactive area), without prior notice or liability.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY (SEE PRODUCT WARRANTY) 9.1 NEITHER "The Parties" NOR ANY PROVIDER OF THIRD PARTY CONTENT OR NOR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES "The Parties", ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF "The Parties", THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER "The Parties" NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
9.2 NEITHER "The Parties", ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF "The Parties", THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Purchases by Consumer 10.1 Purchases Safely Online: E-Commerce is provided by PayPal and Authorize.net(merchant account: Appliance University) and Card Service International(merchant account: Companies), that protects data with 128-bit Secure Sockets Layer (SSL) encryption technology to ensure security for credit card transactions.
11. Miscellaneous 11.1 This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in San Jose, or Santa Cruz, CA. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 3, 6, 7, and 9 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.
12. Product Warranty 12.2 Satisfaction Guaranteed on videos to be free from damage or defect. Each DVD should be able to be view and listen to. AU intend to produce and deliver a product that will meet your satisfaction. If you encounter any problem with our products please contact us for replacement with in 10 days. Libraries bundles have a longer warranty do to the fact so many videos. Au does not expect the purchaser to view all in a short time(10 days), thus the bundles have a 90 days warranty, see above.
13. Returns Policy 13.1 If you encounter any problem with AU DVD products please contact us for replacement within 10 days on any DVD or CD or the 90 in case of purchase warranty for bundles.
13.2 If you need to return an item, simply log-in to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of further instructions.
14. Use of content or images, icons 14.1 All image icons seen on wwww.applianceuniversity.com are for illustrative purposes only, representing products being sold. The information on the DVD is what is being sold, not the cover illustrating the product. The actual cover illustration could be different.
14.2 Use of images or icons, content may not be use with out prior consent from Action service Company. Do not link to www.appliance university.com with out prior consent from action Service Company, email firstname.lastname@example.org for authorization.(subject: line link authorization)
ACTION SERVICE COMPANY*
DBA: Appliance University, www.ApplianceUnversity.com
P.O. Box 1773, Aptos, CA 95001
Phone: 800-743-0455 or 831 475 3233