ApplianceVideo.com, Inc. Website and Premium Video Library
Terms and Conditions of Use

THIS IS A CONTRACT.  THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.  PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE PREMIUM VIDEO LIBRARY. BY ACCESSING THE SITE, YOU EXPRESSLY ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING APPLIANCEVIDEO.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, AS MODIFICATIONS MAY BE MADE BY  APPLIANCEVIDEO.COM AT ANY TIME. YOU ARE DEEMED TO HAVE KNOWLEDGE OF THESE MODIFICATIONS BY YOUR CONTINUED USE OF THIS SITE AND ANY USE OF THE SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

THIS SITE AND ALL LICE NSED MATERIALS ARE CONTROLLED, OPERATED AND ADMINISTERED BY APPLIANCE VIDEO.COM LLC, AN OHIO LIMITED LIABILITY COMPANY LOCATED IN THE UNITED STATES OF AMERICA.  BY USING OR ACCESSING THE SITE OR ANY OF ITS MATERIALS YOU AGREE TO BE BOUND BY THE LAWS OF THE UNITED STATES OF AMERICA, THE STATE OF OHIO AND THIS AGREEMENT.

1 Contact Information.

Address:

ApplianceVideo.com LLC.
828 Warehouse Rd Unit 1
Toledo, OH 43615

Customer Service:

Email: support@appliancevideo.com
Telephone: 1-866-505-9349

2 Definitions.

    • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
    • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
    • “ApplianceVideo.com” refers to ApplianceVideo.com LLC an Ohio Limited Liability Company, principally located in Toledo, Ohio.
    • “Premium Video Library” means the subscription-based database of audio-visual works that is available through the Site and is part of the Site.
    • “Premium Content” means the training videos and other media available on the PREMIUM VIDEO LIBRARY.
    • “Rental Premium Content” means the training videos and other media available on the PREMIUM VIDEO LIBRARY that is accessible to a User through a Rental Subscription Agreement.
    • “Subscriber” refers to any person or entity that purchases or uses a subscription to the Premium Video Library.
    • “User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
    • “Website” or “Site” refers to the website maintained on the World Wide Web by ApplianceVideo.com, available at http://www.appliancevideo.com and all content contained herein.
    • “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.

3 Modification of Terms.

ApplianceVideo.com reserves the right to modify these Terms at any time.  ApplianceVideo.com is not required to seek the consent of any User before modifying these terms.  Except as otherwise stated herein, any change to these Terms is effective immediately after ApplianceVideo.com gives notice to the User. Notice is not a defined term under this Agreement.  Notice can be given through numerous channels, including, but not limited to, e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4 Limited License.

ApplianceVideo.com hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in the PREMIUM VIDEO LIBRARY according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Premium Content or Rental Premium Content depends on the subscription plan.

Each Subscriber may only allow its employees and agents to access the PREMIUM VIDEO LIBRARY. The Subscriber is bound by the actions of its employees and agents.  If the Subscriber’s license terminates, the Subscriber’s employees and agents shall no longer have Access to the PREMIUM VIDEO LIBRARY. Each Subscriber agrees that the PREMIUM VIDEO LIBRARY may not be Accessed by more than 5 Users at a single moment. Each User shall be authorized to Access the PREMIUM VIDEO LIBRARY from any Internet connection.

The materials and content of this Site are offered on a Subscription Basis Only.  All licenses granted hereunder to the Licensed Materials (including, without limitation, any Licensed Software) are granted on a subscription basis solely during the period for which Customer maintains hereunder a paid subscription to the Licensed Materials.   Additionally upon any termination of the Term, all such licenses shall terminate and Subscriber and its Authorized Users shall have no further right to access or use any of the licensed materials.  Additional effects of termination of this Agreement, and additional restrictions and limitations regarding the PREMIUM VIDEO LIBRARY, are set forth elsewhere in this Agreement.

5. Fees; Renewal; Refund Policies.

Subscribers

  • Monthly Premium

    • Access to Premium Content
    • Monthly subscription plan
    • Automatically renews monthly until cancelled by Subscriber
      • Automatically renews on the same date of each corresponding month or on final date of month if no corresponding date (January 31, 2014 subscription renews on February 28, 2014)
      • Fees charged on renewal date
    • Subscription fees are non-refundable; except that Subscriber may cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees
    • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates.
    • ApplianceVideo.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that ApplianceVideo.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
    • ApplianceVideo.com may terminate the subscription pursuant to these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.
    • Right of Access to the PREMIUM VIDEO LIBRARY granted under these Terms is effective only upon payment of the subscription fees.

  • Rental Premium

    • Access to rented Premium Content for the set time of the Rental.
    • Subscription fees are non-refundable.
    • Discounts, rebates or other special offers only valid for initial term.
    • ApplianceVideo.com may increase subscription fees for a subsequent subscription period at any time and for any reason.
    • ApplianceVideo.com may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.
    • Right of Access to the PREMIUM VIDEO LIBRARY granted under these Terms is effective only upon payment of the subscription fees.

  • Annual Premium

    • Access to Premium Content
    • Annual subscription plan
    • Automatically renews yearly until cancelled by Subscriber.
      • Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 04th).
      • Fees charged on renewal date.
      • Subscriptions shall automatically renew as set forth herein.
    • Subscription fees are non-refundable; except that Subscriber may cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees.
    • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates.
    • ApplianceVideo.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that ApplianceVideo.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
    • ApplianceVideo.com may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information.
    • Right of Access to the PREMIUM VIDEO LIBRARY granted under these Terms is effective only upon payment of the subscription fees.

6. Access to the PREMIUM VIDEO LIBRARY; Modification of Content.

ApplianceVideo.com strives to provide the PREMIUM VIDEO LIBRARY to its Subscribers on a continuous basis. To that end, ApplianceVideo.com will take all commercially reasonable efforts to provide uninterrupted Access to the PREMIUM VIDEO LIBRARY to its Subscribers. However, from time to time, Subscribers may be unable to Access the PREMIUM VIDEO LIBRARY due to conditions beyond ApplianceVideo.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the PREMIUM VIDEO LIBRARY to its Subscribers, ApplianceVideo.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

ApplianceVideo.com endeavors to provide the highest quality content to its Subscribers. To that end, ApplianceVideo.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.  There is no guarantee that any individual item of content will be offered on a continuous basis by ApplianceVideo.com.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.  Subscription fees will not be refunded due to incompatible hardware, software, telecommunications equipment or Internet service on the part of User.

7. Prohibited Conduct.

  • User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
    • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects ApplianceVideo.com’s computers, servers or databases.
    • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
    • Permit or provide others Access to the PREMIUM VIDEO LIBRARY using Your user name and password or otherwise, or the name and password of another authorized User.
    • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
    • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
    • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
    • Violate or attempt to violate ApplianceVideo.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
    • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
    • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or ApplianceVideo.com.
    • Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
    • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by ApplianceVideo.com.
    • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
    • Advertise or otherwise solicit funds, goods or services on the Site.
    • Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, ApplianceVideo.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the PREMIUM VIDEO LIBRARY to any person or entity whose use of the PREMIUM VIDEO LIBRARY suggests Prohibited Conduct. ApplianceVideo.com has the right to monitor using any means available to ApplianceVideo.com.  Access of the materials available at the PREMIUM VIDEO LIBRARY beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the PREMIUM VIDEO LIBRARY and will result in revocation or denial of Access to the PREMIUM VIDEO LIBRARY. The terms “normal patterns” and “abuse” shall be determined solely by ApplianceVideo.com.

ApplianceVideo.com reserves the right to terminate access to any subscriber who is found to have violated the terms of this Section 7.  If access is terminated for cause, the subscriber will not be entitled to any refund of subscription fees regardless of the length of time remaining on the subscription.

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.  You agree to hold ApplianceVideo.com harmless for any violations of these laws committed by You.

8. LIMITED WARRANTIES.

ApplianceVideo.com warrants that the software that allows Users to Access the PREMIUM VIDEO LIBRARY (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. APPLIANCEVIDEO.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

ApplianceVideo.com also warrants that the media containing the Software, if provided by ApplianceVideo.com, is free from defects in material on the date the User acquired the Software. APPLIANCEVIDEO.COM’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE PREMIUM VIDEO LIBRARY. THE USER MUST INFORM APPLIANCEVIDEO.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR APPLIANCEVIDEO.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. APPLIANCEVIDEO.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.

ALTHOUGH APPLIANCEVIDEO.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, INCLUDING ALL PREMIUM CONTENT, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

9. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. APPLIANCEVIDEO.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. APPLIANCEVIDEO.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL APPLIANCEVIDEO.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT APPLIANCEVIDEO.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE PREMIUM VIDEO LIBRARY, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL APPLIANCEVIDEO.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT APPLIANCEVIDEO.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE PREMIUM VIDEO LIBRARY, EVEN IF APPLIANCEVIDEO.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF APPLIANCEVIDEO.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. APPLIANCEVIDEO.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF APPLIANCEVIDEO.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

APPLIANCEVIDEO.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT APPLIANCEVIDEO.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

10. Third Party Content; Hyperlinks.

You acknowledge that ApplianceVideo.com does not pre-screen third party materials. ApplianceVideo.com is not the publisher or author of any information on the Site that is provided by third party content providers, and ApplianceVideo.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and ApplianceVideo.com’s use of the content constitutes neither an endorsement nor a recommendation by ApplianceVideo.com of the content. ApplianceVideo.com assumes no responsibility for third party products or services.

ApplianceVideo.com may contain links and references to other third party websites and materials. ApplianceVideo.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. ApplianceVideo.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. ApplianceVideo.com may disable any hyperlink to the Site. ApplianceVideo.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.

APPLIANCEVIDEO.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, APPLIANCEVIDEO.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights, Trademarks and Other Proprietary Rights.

ApplianceVideo.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by ApplianceVideo.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the PREMIUM VIDEO LIBRARY may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of ApplianceVideo.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of ApplianceVideo.com’s intellectual property except as set forth in Section 4.

If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to ApplianceVideo.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.  As between the parties, ApplianceVideo.com shall exclusively own all right, title and interest ("Rights") in and to the PREMIUM VIDEO LIBRARY and ApplianceVideo.com’s Confidential Information and all derivative works and modifications thereof, User Feedback, and intellectual property rights related to any of the foregoing (collectively, the "ApplianceVideo.com Property"); subject only to User's license rights hereunder. Without any additional consideration, User hereby automatically and irrevocably assigns to ApplianceVideo.com all Rights in and to all ApplianceVideo.com Property.  Subject to ApplianceVideo.com's confidentiality obligations under this Agreement, User grants ApplianceVideo.com a non-exclusive, worldwide, non-transferable, fully-paid-up, royalty-free right and license to reproduce, distribute, store, transmit, modify and otherwise use User Property as reasonably required for ApplianceVideo.com to perform its obligations hereunder during the Term.  Nothing herein restricts or limits ApplianceVideo.com's rights to create, distribute, or otherwise use any elements of the Licensed Materials or any modifications thereof.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless ApplianceVideo.com and its officers, directors, agents, contractors, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

13. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. ApplianceVideo.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. ApplianceVideo.com may suspend Your Access while it conducts an investigation. Upon a finding of any violation of this Section or Section 7 above, ApplianceVideo.com at its sole discretion has the right to permanently ban any User from further use of this Site.  Notice of the violation or the ban is not required to be given to the User before ApplianceVideo.com takes action.  Users are required to enter a user name and password to Access the PREMIUM VIDEO LIBRARY.  To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.  You are responsible for the actions of any use of Your account, whether that access was authorized or unauthorized.

You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify ApplianceVideo.com immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify ApplianceVideo.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. ApplianceVideo.com will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by ApplianceVideo.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.  ApplianceVideo.com will work with any User to resolve issues with their account, but cannot guarantee or warrant the successful resolution of those issues.

ApplianceVideo.com will never ask You for Your password. If You need a new password, ApplianceVideo.com will generate a new password automatically through its computers and send it to Your e-mail or postal address.

14. Termination of Agreement.

In addition to ApplianceVideo.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. ApplianceVideo.com may also terminate Access to the PREMIUM VIDEO LIBRARY or cancel subscriptions to the PREMIUM VIDEO LIBRARY without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that ApplianceVideo.com deems inappropriate.

In the event of termination of this Agreement, the provisions in this Section and the provisions found elsewhere in this Agreement that exist for the benefit of ApplianceVideo.com shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

15. Privacy Policy.

ApplianceVideo.com values Your trust. In order to honor that trust, all of ApplianceVideo.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review ApplianceVideo.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

16. Miscellaneous.

These Terms constitute the entire agreement between ApplianceVideo.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between ApplianceVideo.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, ApplianceVideo.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. ApplianceVideo.com’s remedies are cumulative and not exclusive. Failure of ApplianceVideo.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. ApplianceVideo.com makes no representation that the content of the Site is appropriate or available for use in all locations. ApplianceVideo.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. ApplianceVideo.com cannot provide notifications via post, only e-mail.

17. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Ohio law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and ApplianceVideo.com shall be finally resolved through binding arbitration in Toledo, Ohio. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

18. Your Responsibility.

APPLIANCEVIDEO.COM CONTEMPLATES THAT A USER MAY USE THE INFORMATION CONTAINED WITHIN THE PREMIUM VIDEO LIBRARY TO ASSIST IN REPAIRS OF VARIOUS APPLIANCES AND OTHER TYPES OF REPAIR.  WHETHER THESE REPAIRS ARE UNDERTAKEN FOR COMMERICAL OR PERSONAL USE, YOU ARE RESPONSIBLE FOR ANY REPAIR YOU PREFORM, INCLUDING THE PROPER AND SAFE DEPLOYMENT. INFORMATION ABOUT THE REPAIR, SUCH AS REPAIR INFORMATION, DATA, TIPS, INSTRUCTIONS, AND OTHER TROUBLESHOOTING MATERIALS PROVIDED THROUGH THE WEBSITE, VIDEOS, BLOG, SOCIAL MEDIA, EMAIL COMMUNICATIONS, LIVE CHAT OR OTHERWISE, ARE PROVIDED TO YOU WITH NO PROMISES, REPRESENTATIONS, OR WARRANTIES.

 

EFFECTIVE DATE: September 12, 2014