By using our products, you agree to our Terms of Service.
Last Updated: September 30, 2024
Appliance Surge is a collection of websites and applications designed for sharing questions and answers (referred to collectively as the "Platform"), owned and operated by Appliance Surge ("we", "us", or "our"). We are excited to welcome you to the Platform, a thriving community of professionals and enthusiasts. We encourage you to actively engage with the community and share your knowledge with others. As with any community, we expect that all participants act with respect and consideration towards their peers. These Terms of Service outline the legal responsibilities you accept when accessing or using our Platform and any associated services ("Services"). These terms specifically apply to your use of the public areas of the Platform (referred to as the "Public Terms").
If you are accessing or using any of our products on behalf of a company, team, or organization—including but not limited to creating an account for a business or group—your use of those products will be governed by their respective Terms and Conditions.
1. Public Network Terms
Please read these Public Network Terms carefully before accessing or using the public Platform. These Public Network Terms constitute an agreement between Appliance Surge and you, governing your use of the public Platform ONLY, including any services or products that are part of the public Platform. By accessing or using the services or public Platform in any manner, including but not limited to visiting, browsing, or registering for an account, you affirm that you have read, understood, and agree to be bound by these Public Network Terms, as well as our Privacy Policy.
Appliance Surge reserves the right to modify these Public Network Terms at its discretion by posting revised terms on the public Platform and, where possible, providing notice via the public Platform. You are responsible for reviewing and familiarizing yourself with any changes. Your continued access to or use of the services or public Platform after such modifications will constitute your acceptance of the updated terms. To clarify, these Public Network Terms apply to all who access or use the services or public Platform, including, but not limited to, users who contribute content, information, materials, or services, whether registered or not.
PLEASE NOTE THAT BY USING THE PUBLIC PLATFORM, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND APPLIANCE SURGE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Contracts are Binding and Legally Enforceable
As stated above, these Public Network Terms constitute an agreement between Appliance Surge and you, governing your use of the public Platform. These Public Network Terms do NOT govern the use of any other Appliance Surge products or services, such as any business, enterprise, or private offerings outside the public Platform. In the event of any conflict between the terms and conditions of these Public Network Terms and any other service or licensing agreements, the terms and conditions of these Public Network Terms shall prevail.
3. Age Eligibility
You must be at least 13 years old to access or use the Appliance Surge Platform or Services, including, but not limited to, completing an Appliance Surge account registration. By accessing or using the Platform or Services in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Platform or Services in any manner, nor may you provide any personal information to or on the Platform or Services (such as your name, address, telephone number, or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the Appliance Surge Platform or Services, including, but not limited to, completing an Appliance Surge account registration. By accessing or using the Platform or Services in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Platform or Services in any manner, nor may you provide any personal information to or on the Platform or Services (such as your name, address, telephone number, or email address).
4. Access to the Public Platform
Any user of the public Appliance Surge Platform is welcome to participate in community discussions, answer questions, and share their hard-earned knowledge with other members of the community, provided that they comply with the obligations set forth in these Public Network Terms, and to the extent that the use of the Platform does not conflict with the applicable laws, rules, and regulations of the user’s jurisdiction. Appliance Surge reserves the right to refuse, suspend, or terminate your access to the public Platform if it determines, at its sole discretion, that you have violated these Public Network Terms or are otherwise ineligible to access or use the Platform or Services. If your actions are determined to violate these Public Network Terms, Appliance Surge may, at its sole discretion, attempt to address the violation by working with you directly, but it is under no obligation to do so. If such efforts are unsuccessful (as determined solely by Appliance Surge), your rights to access the Platform may be revoked.
You are solely responsible for ensuring that your use of the Platform complies with all applicable laws, rules, and regulations. Your right to access the Platform or any Services is revoked where these Public Network Terms, or your use of the Platform or any Services, is prohibited or conflicts with applicable laws, rules, or regulations.
Appliance Surge will use reasonable efforts to make the public Platform available 24/7/365, but from time to time, scheduled maintenance or other necessary upkeep may result in outages. Where feasible, we may, at our sole discretion, inform you of any planned outages and provide information on the nature and reason for the downtime in an open and transparent manner. However, we are under no obligation to do so, and we will not be liable for any downtime that may occur.
5. User Obligations
To access certain features of the public Appliance Surge Platform, you will need to register for an individual account and agree to these Public Network Terms. If you do not agree to these Public Network Terms, Appliance Surge reserves the right to refuse, suspend, or terminate your access to the public Platform.
You are solely responsible for ensuring that your account registration is accurate and up to date. You have the right to discontinue use of, or terminate, your account at any time, and subject to our Privacy Policy, control how your account information is used and shared. Please note that any content or information you share publicly is subject to the terms in the section titled "Content Permissions, Restrictions, and Licensing." Once you share content in the public domain, you understand and accept that you relinquish some control and rights over such content.
Appliance Surge encourages you to review our Privacy Policy, which details how we handle, process, and use your personal data, with whom it is shared, and how we safeguard your data.
As a community-driven platform, we expect you to treat all members of the Appliance Surge community with respect. Whether a member is asking their first question or has extensive expertise, we respect and welcome you, but we also expect you to be kind and considerate toward one another. To maintain a positive community environment, we have established clear guidelines for participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or inappropriate behavior that violates Appliance Surge's Acceptable Use Policy, which is incorporated into these Public Network Terms.
You are solely responsible for obtaining and maintaining any necessary equipment or services required to connect to or access the Platform or use our Services, such as modems, hardware, software, and internet or phone services. It is also your responsibility to ensure that any equipment or services you use are compatible with the Platform and Services.
Some premium or additional features of Appliance Surge may require a payment obligation. You are solely responsible for keeping your payment obligations up to date. If Appliance Surge charges for specific features, you will be clearly informed of the payment terms and given the opportunity to decline before incurring any charges. However, declining to accept payment obligations may result in your inability to access certain premium or additional features.
6. Content Permissions, Restrictions, and Licensing
Appliance Surge Content
All materials displayed or performed on the public Appliance Surge Platform, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Platform Content”), except for content posted by individual users (“User Content”), are the property of Appliance Surge and/or third parties and are protected by copyright laws of the United States and other international copyright laws (“Appliance Surge Content”).
Any use of Appliance Surge's API must comply with the terms set forth in the API Terms of Use.
All trademarks, service marks, and trade names are proprietary to Appliance Surge and/or third parties. By using the Platform, you agree to abide by all copyright notices, information, and restrictions associated with any Platform Content accessed through our services.
The Platform is protected by copyright as a collective work and/or compilation under U.S. copyright laws and other international copyright agreements. Unless expressly provided for in these Public Network Terms, you may not copy, modify, publish, transmit, upload, participate in the sale or transfer of, reproduce, create derivative works from, distribute, display, or otherwise exploit any Platform Content, software, materials, or services in whole or in part. You may download or copy public Platform Content solely for your personal use, provided you maintain all copyright and other notices contained in such Public Content.
From time to time, Appliance Surge may make compilations of User Content available, and such compilations may be licensed under a Creative Commons license (e.g., CC BY-SA). By downloading and using any such compilations, you agree to be bound by the terms of the applicable license.
Any other downloading, copying, or storing of Platform Content for commercial purposes, or anything beyond personal, noncommercial use, is strictly prohibited without prior written permission from Appliance Surge or the copyright holder as indicated by the applicable licensing terms.
User Content
Any and all content, including text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations that you contribute to the public Appliance Surge Platform (collectively, “User Content”) is licensed to Appliance Surge on a perpetual, irrevocable, worldwide, royalty-free, non-exclusive basis under Creative Commons license terms (CC BY-SA 4.0). By contributing User Content, you grant Appliance Surge the perpetual right to use, copy, distribute, display, and commercially exploit your User Content, even if you later remove or delete it, as reasonably necessary for purposes such as:
- Maintaining and improving the Platform
- Complying with legal and governmental requests
- Preventing and addressing security incidents or technical issues
- Aggregating data for product imporvements
This means that you cannot revoke permission for Appliance Surge to use, publish, distribute, store, and allow others to have derivative rights to your User Content. All content contributed to the public Platform is available for public use and redistribution, with appropriate attribution, as per the terms of the Creative Commons CC BY-SA 4.0 license.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLIANCE SURGE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. APPLIANCE SURGE DOES NOT GUARANTEE THAT THE PLATFORM, SERVICES, OR ANY RELATED CONTENT OR PRODUCTS WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED THROUGH THE PLATFORM ARE OFFERED ON AN "AS IS" BASIS AND SUBJECT TO THESE PUBLIC NETWORK TERMS.
8. Indemnification
You agree to indemnify and hold Appliance Surge, its directors, officers, employees, agents, consultants, contractors, partners, vendors, and service providers (including, without limitation, hosting and telecommunications providers) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your access to the public Platform, use of Appliance Surge products or services available on the Platform, your violation of these Public Network Terms, or your infringement (or any third party using your account’s infringement) of any intellectual property or other rights.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLIANCE SURGE AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM OR SERVICES FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS, OR REVENUES; OR (II) ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF APPLIANCE SURGE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT APPLIANCE SURGE FROM SEEKING AND OBTAINING EQUITABLE RELIEF. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS OR EXCLUSIONS OF LIABILITY, THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. General Provisions
a. Assignment and Jurisdiction
Appliance Surge reserves the right to assign its rights and obligations under these Public Network Terms (in whole or in part) without your consent to a corporate affiliate or in connection with a merger, acquisition, corporate restructure, reorganization, or sale of all or substantially all of its assets.
These Public Network Terms will be governed by and construed in accordance with the applicable laws of the state of Nevada, without regard to conflict of law principles. Both you and Appliance Surge agree to the sole and exclusive personal jurisdiction of the courts located in [Your State] with respect to any action or proceeding related to the Platform or Services. This does not preclude Appliance Surge from seeking injunctive or other appropriate relief for violations of the confidentiality and indemnification provisions. The Uniform Commercial Code does not apply to these Public Network Terms. No "shrinkwrap" or "click-wrap" terms included in any purchase order or any company form will override these Public Network Terms. In the event of any conflict between these Public Network Terms and any shrinkwrap or click-wrap terms, the terms of these Public Network Terms will prevail.
b. Mandatory Arbitration
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND APPLIANCE SURGE OR ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, INCLUDING WITHOUT LIMITATION ANY DISPUTES ARISING FROM OR RELATING TO THESE PUBLIC NETWORK TERMS, YOUR USE OF THE PLATFORM OR SERVICES, AND/OR RIGHTS OF PRIVACY AND PUBLICITY, WILL FIRST BE ATTEMPTED TO BE RESOLVED THROUGH CONSULTATION. IF NO RESOLUTION IS REACHED WITHIN 90 DAYS, THE DISPUTE SHALL BE RESOLVED THROUGH BINDING ARBITRATION UNDER THE RULES OF JAMS, INC. FOR CONSUMER-RELATED DISPUTES. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL. HOWEVER, IF YOU VIOLATE OR THREATEN TO VIOLATE APPLIANCE SURGE'S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE RELIEF IN ANY STATE OR FEDERAL COURT LOCATED IN NEVADA.
You may only bring claims on your own behalf. Participation in class actions or class-wide arbitration is prohibited. You are waiving your right to act as a class representative or member in any class action claims. This provision is governed by the Federal Arbitration Act.
c. Survival
Sections including but not limited to “Public Network Terms,” “User Obligations,” “Content Permissions, Restrictions, and Licensing,” “Disclaimer of Warranties,” “Indemnification,” “Limitation of Liability,” “Assignment and Jurisdiction,” “Mandatory Arbitration,” “Survival,” “Merger and Severability,” “Notices,” “No Waiver,” and “Headings” will survive any termination or expiration of these Public Network Terms.
d. Modifications
Appliance Surge reserves the right to modify or replace these Public Network Terms as necessary, in its sole discretion, to better provide Services and Products to the Appliance Surge community or to make changes to the Platform and Services. Any modifications will be communicated via a notice on the Platform or via email or other electronic means.
e. Merger and Severability
The parties to these Public Network Terms are independent contractors, and nothing in these Terms constitutes an agency, partnership, or employment relationship between you and Appliance Surge. These Public Network Terms constitute the entire agreement between you and Appliance Surge and supersede all prior communications regarding the Platform or Services. If any provision of these Public Network Terms is found invalid, that provision will be limited or removed to the extent necessary, while the remaining terms will continue in full force and effect.
f. Notices
All notices under these Public Network Terms must be in writing and will be deemed given when received via personal delivery, certified or registered mail, or next-day delivery service. Electronic notices should be sent to support@appliancesurge.com.
g. No Waiver
Our failure to enforce any part of these Public Network Terms does not constitute a waiver of our right to later enforce that or any other part of these Terms. Any waiver of compliance must be provided in writing by an authorized representative of Appliance Surge.
h. Headings
The section headings in these Public Network Terms are for convenience only and do not affect the interpretation of the provisions.
11. Copyright Policy
If you believe that content hosted or accessible on the Appliance Surge Platform infringes on your copyright, please contact us in accordance with the reporting procedures outlined in our Digital Millennium Copyright Act (DMCA) Takedown Notice. We reserve the right to take legal action against anyone submitting false or frivolous copyright infringement notices. Therefore, please carefully consider the circumstances, including fair use and other licensing exceptions and limitations, before submitting a request.
Additionally, we reserve the right, at our discretion, to suspend or terminate the account of any user who is the subject of repeated valid takedown notices.