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Terms of Use Agreement

This Terms of Use Agreement ("Terms of Use") applies to use of the ReliaBuy.com website located at http://www.ReliaBuy.com (the "Site"). The Site is the property of Asher Worldwide Enterprises LLC(“AWE”). BY CLICKING "YOU AGREE WITH OUR TERMS AND CONDITIONS," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

ReliaBuy.com/AWE reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, ReliaBuy.com/AWE grants you ("End User") a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1. Customer Service Policies

DEFECT AND DAMAGE REPLACEMENT GUARANTEE
Your purchase is protected by our Defect and Damage Guarantee Program! This valuable program covers you in case the item arrives damaged in transit or defective upon arrival and is included absolutely free with every order! Please read and follow the instructions in order to be eligible for this program on this page:
https://www.reliabuy.com/pages/return_policy.html

MANUFACTURER WARRANTY
Almost every one of our items come with a guarantee in the form of a Manufacturer Warranty. Most Manufacturer Warranties span from several months after purchase all the way to Lifetime warranties. The length of this Warranty is provided in the Pricing Details section of each item. While the Warranty Period is listed, some warranties are limited and cover parts and not labor, and some have other restrictions against customer misuse etc We do not service or fulfill Manufacturer Warranties. Please contact us prior to purchase to find out details regarding length or details of a warranty if any for reason this information is not listed in the Item Description.

2. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to ReliaBuy.com/AWE, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and ReliaBuy.com/AWE reserves all rights not expressly granted hereunder. ReliaBuy.com/AWE expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of ReliaBuy.com/AWE. All other trademarks or service marks are property of their respective owners. The use of any ReliaBuy.com/AWE trademark or service mark without AWE’s express written consent is strictly prohibited.

3. Consent To Collect, Use & Disclose of Your Personal Information to fulfill your Order. As described in our Privacy Policy below, you must disclose certain Personally Identifiable Information to make purchases from our site:

PRIVACY POLICY
Your privacy on the Internet is of the utmost importance and we are committed to making your experience with us a safe, secure and private experience. By using this site, you consent to the collection and use of this information by AWE. This privacy statement discloses what information we gather and how we use it.

Under no circumstances does AWE share in any way, any information about an individual user to a third party, unless necessary to fulfill your order.    

Information AWE gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to our visitors' needs and to help us better understand the demographics of our audience.

A text file called a "cookie" is put into the browser files of your computer when you place an order. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.

AWE operates secure data networks protected by industry standards, including appropriate firewalls, and password protected systems. Our security and privacy policies are continuously reviewed and enhanced as technology allows, and only authorized individuals where background checks have been approved, have access to the information provided by our customers.

Any email that we send you for sales promotions will always have an opt-out option for you to choose should you no longer wish to receive our advertisements.

Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

4. Consent To Our Communication With You By E-Mail and/or Phone. By making a purchase through our Site, you grant permission for ReliaBuy.com/AWE to contact you at your e-mail address or if necessary, by phone. You will automatically be opted in to receive our marketing emails/newsletters. You will be able to opt out of receiving any of these marketing-related emails by clicking an “unsubscribe” link from within any of these emails. If your number is currently on the National Do Not Call Registry, you agree to allow us to call you at the phone number you provide on the order/payment pages.

4. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

5. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA or MasterCard. Unless expressly set forth on the ReliaBuy.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify AWE of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If AWE does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by AWE or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. ReliaBuy.com/AWE shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Arizona and any other states or localities that it deems are required.

6. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ReliaBuy.com/AWE reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by ReliaBuy.com/AWE upon shipment of products that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by customer service department. We may require additional verifications or information before accepting any order.

7. No Responsibility To Sell Mis-priced Products Or Services. ReliaBuy.com/AWE shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. ReliaBuy.com/AWE shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ReliaBuy.com/AWE shall issue a credit to your credit card account in the amount of the charge.

8. Modifications to Prices or Billing Terms. Reliabuy.com/awe reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you. 

9. Limitation on Losses due to Defective Item. While Manufacturer Warranties come with all products we sell and cover repair or replacement of defective items within a specified time period, the warranties cover the ITEM only and NOT the value of any goods lost as a result of the item defect. As such, on refrigeration equipment in particular, we nor the Manufacturer are responsible or liable for the loss of refrigerated or frozen goods stored inside a refrigeration unit that becomes defective causing the goods inside to spoil or melt. Further, by purchasing an item from ReliaBuy, you hereby agree to hold harmless ReliaBuy and its affiliates and owners if items defect causes damage in rare cases such as fire etc. In these cases any such claims must be made directly with the Manufacturer of the product and not the retailer. All products ship directly from Manufacturers and as such, ReliaBuy acts only as an intermediary and is not liable for any damages that arise from your use of the Manufacturer’s products.

10. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

11. Indemnification. You agree to indemnify and hold harmless ReliaBuy.com/AWE and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

12. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, RELIABUY.COM/AWE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE RELIABUY.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

13. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, REMAINS WITH YOU. IN NO EVENT SHALL RELIABUY.COM/AWE OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT, WITH THE DELAY OR INABILITY TO USE THE RELIABUY.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RELIABUY.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF RELIABUY.COM/AWE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT RELIABUY.COM/AWE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO RELIABUY.COM/AWE BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF RELIABUY.COM/AWE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

14. Policy for Copyright Infringement. Pursuant to 17 U.S.C. § 512(c), ReliaBuy.com/AWE has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. ReliaBuy.com/AWE respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the ReliaBuy.com website, please contact "Legal Department", via facsimile at (602) 476-2602, or mail at: 

Attn: ReliaBuy.com/AWE
6701 e Voltaire
Scottsdale, AZ 85254

Any written notice describing the infringing activity must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  2. A description of the allegedly infringing work or material;
  3. A description of where the allegedly infringing material is located on the site;
  4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
  6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

15. Limitation of Liability for Rejection of non-NSF Approved Equipment. While most of the items we sell are NSF-approved or its equivalent (i.e. ETL Sanitation or UL Sanitation), not all items we sell have these certifications. These particular certifications guarantee the item meets health code requirements in all 50 US States however not having these certifications does NOT automatically mean the item cannot be used for commercial purposes. In fact, most items that are not NSF/ETL still meet MOST local health code requirements and will be approved for use however they are NOT GUARANTEED to be and we are not responsible or liable when such equipment is not accepted by your local health inspector or department.

Health code requirements vary by City, State and County and can vary tremendously. IF an item we sell is NSF or its equivalent, we make our best efforts to post this information within the Item Description. If the item is NOT marked in the description as such, then you must assume it is NOT certified by these organizations and as a result, you assume all risk for buying such equipment and using it in your business. If you purchase an item from us that is not NSF/ETL Sanitation certified, and is rejected for use by your Inspector, please contact us as we can often have our Manufacturers call your local health department directly and provide additional information to gain approval. In such cases where the inspector will still not accept it, please inquire with regards to our return options for the item, however restocking fees will often apply. Ultimately it is YOUR responsibility as the equipment buyer to know what type of equipment you need and purchase only equipment that meets your specific needs.

16. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by ReliaBuy.com/AWE of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of ReliaBuy.com/AWE’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Arizona without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Maricopa County, in the State of Arizona. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. ReliaBuy.com/AWE may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between ReliaBuy.com/AWE and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

17. ReliaBuy Ratings System. The ReliaBuy Ratings System is not a guarantee of quality, value or warranty coverage but merely an OPINION that aims to help consumers compare between various products that have different features, build qualities, prices and warranty coverage. As such, this information may be considered but not be construed as an ultimate guarantee as to one particular product being superior to another. This tool is designed to be a comparison aid and nothing more and nothing less.

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