Introduction
Welcome to TheFridgeGuys.com (otherwise known as the "TFG". The Terms and Conditions (also known as the "Terms") contained herein on this webpage govern your use of this website, including all pages within this website (collectively known as the "Website"). By using this Website or submitting a service request via telephone, you expressly agree in full to the Terms, conditions and notices at the time of use. We reserve the right to make changes, revisions or updates to the Terms at any time without notice. If you don't agree to the Terms stated herein, you must not use this Website. If you have any questions regarding these Terms, please contact support@thefridgeguys.com. These Terms were last modified on 12/10/2015.
Acceptable Use
Your permission to use this Website is conditioned upon the following: you may not use our Website to perform any illegal, fraudulent or unlawful activity. You may not use our Website in any way that may cause damage to the Website, impairment to the performance, availability or accessibility of this Website. You may not use our Website to store, copy, host or distribute any material which consists of or is related to spyware, computer viruses or any malicious software. We reserve the right to terminate your access without notice and to seek legal action and appropriate compensation for damages including but not limited to lost wages, legal fees, expenses of parts and labor.
You agree that all personal and contact information is accurate. The use of false information can cause damages to our TFG and can result in loss of wages, time, effort and salaries to TFG and our Technicians. You agree not to use random contact information or someone else's name, address, phone number or e-mail address when requesting a service from our Website. You agree to indemnify and be liable to TFG for any damages resulting from the use of false information for the greater of: 1) $5000 USD to TFG and every Technician affected by the use of false information when requesting a service (for example, name, address, phone number etc.) or 2) the actual amount resulting from consequential or punitive damages for the use of fraudulent information as well as any judicial or regalutory fines and also any legal fees resulting from litigation, whichever is greater.
Our Service
When you request a service via this Website or via telephone, TFG will attempt to match you with a qualified, trained and experienced Technician in your area. When we say "the Technician", or "our Technicians" we are referring to third party associates whom we dispatch our calls to as they are not employees or TFG. The Technician will charge a fee (otherwise known as the "Service Charge") for going to your home, office or business and diagnose your machine. The Technician will also provide a full quote for fixing the machine. If you choose to have your machine serviced, the Technician will waive the Service Charge. Any service agreement, repair costs including parts and/or labor is between you and the Technician. TFG does not guarantee to be able to match you with a Technician, even though we will do everything we can to do so. TFG takes certain steps to validate the credentials and qualifications of every Technician we work with but TFG does not guarantee their ability to fix your machine. Any service agreement between you and the Technicians will include standard legal warranties and warranties as agreed between you and the Technician.
Any dispute between you and a Technician should be handled directly with the Technician and you hereby agree that in no event shall TFG, its Directors, Officers, Affiliates or Employees be liable for any consequential or incidental damages or claims of any kind resulting from disputes with service providers (Technicians).
Personal Information
Any contact information provided to TFG via a service request on this Website or over the telephone will be used for our customer records as well as provided to Technicians in order to fulfill the request needs. Thereby you agree to be contacted by TFG and/or one of our service providers using the contact information provided. You also agree and consent that TFG may monitor or record any call between you and TFG.
Technician (Service Provider) Screening
The validation process for Technicians is performed at the time when a Technician registers to work with TFG only. TFG will confirm State trade licensing as well as Business licensing (Corporations/LLC) is valid and current at the time of registration. It is your responsibility and our suggestion to confirm the service providers' status before you enter into an agreement with them.
[DISCLAIMER]: TFG disclaims any and all warranties explicit or implied based on our screening process, criteria or procedures or that the verification process is sufficient or that the information provided is accurate, error-free or correct at the time.
Website Content
From time to time TFG will post articles some of which are "how-to" articles. TFG does not guarantee the accuracy, completeness or usefulness of any information, opinion or advice found on this website. Under no circumstance will TFG be liable for any loss or damage resulting from anyone's reliance on the content found on this Website.
[DISCLAIMER] THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TFG EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE CONTENT ON THIS WEBSITE INCLUDING ANY WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, COMPLETENESS, USEFULNESS OR NON-INFRINGEMENT.
Limitation of Damages; Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TFG, IT'S AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYESS, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAGAMES, HOWEVER ARISING, THAT RESULT FROM A) THE USE OF THE CONTENT ON THIS WEBSITE; B) THE SERVICE AGREEMENTS BETWEEN YOU AND THE SERVICE PROVIDERS (TECHNICIANS)
General Provisions
If any part of the Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of TFG to enforce any provision of the Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
These Terms and your use of this Website are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.