Thrifty Appliance Parts, LLC
Terms and Conditions (revised 04/14/20)
Definitions. The term “thriftyapplianceparts.com” refers to the website located at www.thriftyapplianceparts.com. The terms "we", "us", and "our" refer to Thrifty Appliance Parts, LLC (“Thrifty Appliance Parts”). The terms "you", "your", and "yours" refer to each person and/or entity entering, displaying and/or using this Site.
License To Use Site. Thrifty Appliance Parts grants you a non-exclusive, revocable, non-transferable, limited license to enter this site, use this site and display this site subject to your agreement to all of the following terms and conditions. If you do not agree to all of the following terms and conditions, You may not enter, display or use this site. Thrifty Appliance Parts, LLC reserves the right to withdraw, suspend or terminate this non-exclusive license without notice at its sole and exclusive option. You agree that harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. The impersonation of others, including a Thrifty Appliance Parts or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement we may, at our option, cancel your access and/or permanently ban you from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes and to be bound by the changes without further notice
Privacy. Please review our Privacy & Security Policy, which also governs your visit to the Site, to understand our practices.
Trademark and Copyrights. ThriftyApplianceParts.com contains materials that are protected by international copyright, trademark, and other intellectual property laws. The materials on the Site are provided for informational and promotional purposes only. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Thrifty Appliance Parts or purchasing Thrifty Appliance Parts products or products offered on the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Thrifty Appliance Parts or to purchase Thrifty Appliance Parts products or products offered on the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Thrifty Appliance Parts. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Thrifty Appliance Parts and the Thrifty Appliance Parts logo are trademarks registered with the U.S. Patent and Trademark Office. These marks and other trademarks and service marks owned by Thrifty Appliance Parts, whether or not registered, the web sites and their contents, including text, graphics, logos, photographs and images, are protected by U.S. and international trademark and copyright laws. These materials are the property of Thrifty Appliance Parts LLC, or are used with permission of their respective owners. All rights therein are reserved.
Links to Third Party Sites. In an attempt to provide increased value to our visitors, Thrifty Appliance Parts may link to sites operated by third parties. However, even if the third party is affiliated with Thrifty Appliance Parts, Thrifty Appliance Parts has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Thrifty Appliance Parts. These linked sites are only for your convenience and therefore you access them at your own risk. A link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other web site. Nonetheless, Thrifty Appliance Parts seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Your Account. If you use the Site, you are responsible for maintaining the confidentiality of My Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under My Account or password. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Upon placing an order and submitting your contact email address to Thrifty Appliance Parts or our Affiliates, you agree that you may receive promotions during certain seasons.
Export. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Indemnification. You agree to indemnify, defend, and hold harmless Thrifty Appliance Parts, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person or company accessing the Site using your account.
Termination of Usage. We may terminate your access or suspend your right to access all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or ThriftyApplianceParts.com. In addition, we reserve the right to refuse an order from any customer at our sole discretion. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. Your account may be terminated by Thrifty Appliance Parts without notice, at any time, for any reason. All provisions of these terms shall survive any termination.
Disclaimers and Limitations of Liability. This Site and the materials and products on this Site are provided “AS IS” and without any warranties of any kind, whether express or implied. Thrifty Appliance Parts disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. By entering, displaying and using the Site found at ThriftyApplianceParts.com you recognize that all information delivered and/or displayed on the sites is provided "AS IS" and without warranty and that representations, including representations regarding third-party pricing, should not be relied upon without independent verification. ThriftyApplianceParts.com does not operate or control any information including product information and pricing information derived from third-party web sites and displayed on or through ThriftyApplianceParts.com, and therefore the information provided on third-party products and pricing is offered "AS IS" and without warranties of any kind, express or implied. ThriftyApplianceParts.com assumes no responsibility for and makes no representations that the information provided by third-party web sites is accurate or up to date at the time it is provided and expressly disclaims all warranties of any kind in such information to the extent permitted by law.
ThriftyApplianceParts.com provides links and pointers to web sites and information provided by third-parties. Such links and information do not imply an endorsement or sponsorship of these sites nor of the information, products or services offered through the sites.
Thrifty Appliance Parts does not warrant or represent that the function or operation of ThriftyApplianceParts.com will be error-free or uninterrupted, that any defects will be corrected, or that this Site or the Server that makes the Site available are free of viruses or other harmful components. Thrifty Appliance Parts is not responsible for information generated in connection with incorrect data provided by the customer or purchaser including an invalid part number. You are encouraged to verify independently third-party pricing displayed on ThriftyApplianceParts.com and to contact a service representative at Thrifty Appliance Parts with any questions you have about product pricing.
The information, including pricing information offered on ThriftyApplianceParts.com is intended for informational purposes only and is not intended for commercial use. The user expressly assumes all responsibility for such use and Thrifty Appliance Parts shall not be liable for any loss resulting from voluntary use of its services.
UNDER NO CIRCUMSTANCES SHALL THRIFTY APPLIANCE PARTS, ITS AFFILIATED ENTITIES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOUR OR ANY USER ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THRIFTY APPLIANCE PARTS RECORDS, PROGRAMS OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THRIFTY APPLIANCE PARTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NOT EVENT WILL THRIFTY APPLIANCE PARTS LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTIONS EXCEED THE AMOUNTS PAID BY YOU TO THRIFTY APPLIANCE PARTS IN THE PAST SIX MONTHS, OR $100.00, WHICHEVER IS GREATER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Site, please refer to the manufacturer for details.
Product Availability. Although availability may be indicated on the Site, we cannot guarantee product availability and, therefore, a product may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. Information we receive from a particular manufacturer may not be immediately updated in our records, therefore product availability may be inaccurate or not updated on our website within a reasonable amount of time.
Product Images. All pictures shown are for illustration purposes only. Due to manufacturing updates products may vary slightly in appearance from their photo depictions. Customers will receive the most current version available for the SKU purchased or the manufacturer recommended replacement for items that have been discontinued or enhanced.
Compliance with Return Policies. You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy is incorporated herein by reference and made part of these Terms and Conditions.
Chargebacks. You agree not to file a credit card or debit card chargeback with regard to any purchase until: (a) you have furnished us with written notice of your grievance, (b) at least ten (10) business days have passed since you submitted your written notice of grievance to us, and (c) we have failed to provide you with a satisfactory remedy.
Collection. You agree to pay on demand all reasonable out of pocket costs of collection, including collection company fees, attorneys’ fees, and expenses whether we institute suit or not.
Indemnification. You agree to indemnify and hold us harmless from all expenses, losses, damages, claims and liabilities, including reasonable attorneys’ fees and costs incurred as a result of your breach of any of these terms.
Costs Of Collections. In any dispute involving monies owed to Thrifty Appliance Parts, Thrifty Appliance Parts shall be entitled to all costs of collection, including reasonable attorney's fees.
Choice of Law. Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Thrifty Appliance Parts products) shall be solely in the state or federal courts located in Cook County, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Thrifty Appliance Parts products) must be commenced within one (1) year after the claim or cause of action arises. Thrifty Appliance Parts' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Thrifty Appliance Parts may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement without the express written authorization of Thrifty Appliance Parts.
Severability. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Your Representations. You represent that you are not a minor and that you are not under any legal or other disability which limits your ability to comply with these Terms or to install and use the products you purchase with minimal risk of harm to you or others.
Notice. Thrifty Appliance Parts may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Thrifty Appliance Parts.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TOS MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER SHALL NOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Incorporation of Terms. These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting, additional, or other communications. We may revise these Terms at any time without notice or consent by updating this posting. All terms that by their nature must survive the termination of your use of this Site will survive, including the Indemnification, Disclaimers and Limitations of Liability and Waiver of Class and Consolidated Actions.