Terms of Service
Welcome to The Appliance Repairmen
TERMS & CONDITIONS
This Web site and The Appliance Repair Men, Inc.'s services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at info@theappliancerepairmen. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions on this Website. These Terms & Conditions were last updated on 03/27/2012.
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TARM SERVICES. Upon contacting The Appliance Repair Men, Inc. ("TARM"), we will schedule an appointment for a licensed appliance repair technician to address the issues that you are contacting us regarding. TARM will assist in locating a technician in your area and scheduling an appointment for such Technician to provide appliance repair services for you. In connection with this, TARM will charge a a one-time non-refundable diagnostic fee of (the "Diagnostic Fee"). If the Technician agrees to perform the required services of the potential customer, the Associate agrees to reduce the amount of his invoice by the amount of the Diagnostic Fee. All other charges associated with the repair or servicing of any appliance or any all other services agreed to by and between the Technician and you will be billed and reported on a separate invoice. However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. Subsequent to setting up an appointment with the service professional that TARM provides to you , you must work directly with the service professional. TARM does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of TARM, nor is TARM an agent of the service professionals. TARM does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE TARM (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE TARM MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
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INFORMATION YOU PROVIDE TO US. Upon using TARM services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our Web site or over the telephone. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request, you are entering into a business relationship with TARM and its partners and thus agree to be contacted by TARM and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge.
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CALL RECORDING. You acknowledge and agree that TARM may monitor and/or record any telephone calls between you and TARM.
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YOUR USE OF OUR SERVICES. You acknowledge and agree that your use of
the TARM services is for your personal use and not for advertising purposes. You
may not use the TARM website or services to recreate or compete with the TARM
services, to solicit or harass TARM service professionals, or for any other purpose
not contemplated herein. You agree that all of the content and information posted
on the TARM Web site, including but not limited to service professional profiles,
screening information, and Ratings & Reviews (including any ratings and reviews
or other content posted by you), is the sole and exclusive property of TARM, and
that you have no right to reproduce, post, publish, or otherwise use such information
other than for your personal use relating to your service request. You acknowledge
that a violation of the foregoing could result in significant damages, and you agree
that you are liable to TARM for any such damages, and will indemnify TARM in
the event of any third party claims against TARM based on or arising from your
violation of the foregoing. We reserve the right to revoke your access to the TARM
Web site and services at any time. All information about service professionals is
confidential and for your personal use only. If it is determined or suspected by
TARM in its sole discretion that you are misusing or attempting to misuse or
circumvent the TARM services or system, or are using or attempting to use them
for any inappropriate or non-personal purposes, including but not limited to
activities such as hacking, infiltrating, fraud, advertising, jamming or spamming,
TARM reserves the right, in its sole discretion, to immediately terminate your
access without notice and to initiate without notice appropriate legal actions or
proceedings to seek appropriate remedies and/or damages, including but not limited
to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or
other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT
LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS
IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD
RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING
INVASION OF PRIVACY RIGHTS, TO TARM AND ITS SERVICE
PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE
LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND
PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER,
COULD RESULT IN REGULATORY FINES AND PENALTIES.
ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN
A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE
ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE
NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR
PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE
TO TARM AND EACH TARM SERVICE PROVIDER WHO ACCEPTS SUCH
SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT
OF $11,000 TO EACH OF TARM AND EACH OF THE AFFECTED SERVICE
PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S)
AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT
INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF
THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER
SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE
RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES,
DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY
OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH
INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT
ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES
RELATING THERETO, WHICH EVER IS GREATER.
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NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE
ON THIS WEB SITE. Permission to use documents (such as press releases,
datasheets, content, informational items and FAQs) from the TARM server ("Server")
is granted, provided that (1) the below copyright notice appears in all copies and that
both the copyright notice and this permission notice appear, (2) use of such documents
from the Web site is for your informational and non-commercial or personal use only
and will not be copied or posted on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made. Educational institutions
(specifically K-12, universities and state community colleges) may download and
reproduce the Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission of TARM. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Documents specified
above do not include the design or layout of the TARM Web site or any other TARM
owned, operated, licensed or controlled site. Elements of TARM Web sites are
protected by trade dress, trademark, unfair competition, and other laws and may not be
copied or imitated in whole or in part. No logo, graphic, sound or image from any
TARM web Site may be copied or retransmitted unless expressly permitted by TARM.
TARM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. TARM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THE TARM WEB SITE COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
TARM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
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LINKS TO THIRD PARTY SITES. The links in the TARM Web site will let you
leave TARM's Web site. The linked sites are not under the control of TARM and
TARM is not responsible for the contents or functionality of any linked site or any link
contained in a linked site, or any changes or updates to such sites. Your use of such
third party linked sites is governed by the terms and conditions, and privacy policies,
of such linked sites. TARM is not responsible for webcasting or any other form of
transmission received from any linked site. TARM is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by TARM
of the site.
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ARTICLES AND OTHER CONTENT. TARM provides certain content relating to
home improvement, repair, maintenance ("Articles"), on the TARM website, and via
mobile applications owned and operated by TARM. Such Articles are provided "As-
Is", without any warranties or representations, and you assume all liability and
responsibility for your use of such Articles. You understand and agree that the Articles
do not provide advice, and that such Articles are no substitute for the advice of a
professional.
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INDEMNIFICATION. YOU AGREE TO INDEMNIFY TARM, AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-
BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS
FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S
FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE
OF THE TARM SERVICES OR IN CONNECTION WITH THE TARM WEB SITE
OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING
FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
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GENERAL PROVISIONS. You acknowledge and agree that the TARM services are
provided to you on an "AS IS" basis without any warranty whatsoever, and your sole
and exclusive remedy, and TARM's sole obligation to you or any third party for any
claim arising out of your use of the TARM services or the TARM Web site, is that you
are free to discontinue your use of the TARM services or the TARM Web site at any
time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TARM EXPRESSLY
DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, AND YOU AGREE THAT TARM SHALL HAVE NO
LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE
DAMAGES (EVEN IF TARM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY
CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES
DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions
will inure to the benefit of TARM's successors, assigns and licensees. If any provision
of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for
any reason, by any court of competent jurisdiction that provision shall be modified in
order to make it enforceable, while maintaining the spirit of the provision.
Alternatively, if modification is not possible, such provision shall be stricken and shall
not affect the validity and enforceability of the remaining terms. The failure of TARM
to exercise or enforce any right or provision of the Terms and Conditions shall not
constitute a waiver of such right or provision. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to use of
the TARM services or the Terms and Conditions must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section titles in the Terms
and Conditions are for convenience only and have no legal or contractual effect. These
Terms and Conditions are governed by the laws of the State of Arizona as such laws
are applied to agreements entered into and to be performed entirely in the State of
Arizona and between Arizona residents. You agree to submit to jurisdiction in Arizona
and that any claim arising out of or related to these Terms and Conditions will be
brought solely in a court in Maricopa County, Arizona. These Terms and Conditions
constitute the entire agreement between you and TARM and supersede all oral and
written negotiations or representations of the parties with respect to the subject matter
hereof. These Terms and Conditions may not be modified or amended other than by an
agreement signed by both parties.
Other Communities serviced: Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale-by-the-Sea, Lauderdale Lakes, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Sea Ranch Lakes, Sunrise, Southwest Ranches, Tamarac, West Park, Weston, Wilton Manors, Bonnie Loch-Woodsetter North in Pompano Beach., Broadview-Pompano Park in North Lauderdale., Broward Estates in Lauderhill., Carver Ranches in West Park., Chambers Estates in Dania Beach., Chula Vista Isles in Fort Lauderdale., Collier Manor-Cresthaven in Pompano Beach., Country Estates in Southwest Ranches., Crystal Lake in Deerfield Beach., Edgewater in Dania Beach., Estates of Fort Lauderdale in Dania Beach, and partially in Hollywood., Godfrey Road in Parkland., Golden Heights in Fort Lauderdale., Green Meadow in Southwest Ranches., Hacienda Village in Davie., Hillsboro Ranches in Coconut Creek., Ivanhoe Estates in Southwest Ranches., Kendall Green in Pompano Beach., Lake Forest in West Park., Leisureville in Pompano Beach., Loch Lomond in Pompano Beach., Melrose Park in Fort Lauderdale., Miami Gardens in West Park., North Andrews Gardens in Oakland Park., Oak Point in Hollywood., Palm Aire in Fort Lauderdale., Pine Island Ridge in Davie., Pompano Beach Highlands in Pompano Beach., Pompano Estates in Pompano Beach., Ravenswood Estates in Dania Beach., Ramblewood East in Coral Springs., Riverland Village in Fort Lauderdale., Rock Island in Fort Lauderdale., Rolling Oaks in Southwest Ranches., Royal Palm Ranches in Cooper City., St. George in Lauderhill., Sunshine Acres in Davie., Sunshine Ranches in Southwest Ranches., Tedder in Deerfield Beach., Terra Mar in Lauderdale-by-the-Sea, and partially in Pompano Beach., Terra Mar in Lauderdale-by-the-Sea, and partially in Pompano Beach., Twin Lakes North of Prospect Road, in Fort Lauderdale. South of Prospect Road, in Oakland Park., Utopia in West Park., Village Park in North Lauderdale., West Ken-Lark in Lauderhill., Andytown, Boulevard Gardens, Broadview Park, Fort Lauderdale-Hollywood International Airport, Franklin Park, Hillsboro Pines, Roosevelt Gardens, Washington Park,