DEEP SOUTH APPLIANCE & DEEP SOUTH TECHNICAL SERVICES LLC
LEGAL BINDING AGREEMENT, TERMS OF SERVICE AGREEMENT & PRIVACY POLICY
LEGAL BINDING AGREEMENT & TERMS OF SERVICE
This is a legally binding Agreement and is up-to-date, and is updated as necessary without notice. By accessing or using any features of the site, including the purchase of products and services on the site located at www.DeepSouthAppliance.com and operated and managed by Deep South Technical Services, LLC d.b.a. Deep South Appliance Service, or Deep South (“we” or “us”), you agree to be bound by these Terms of Service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Deep South Appliance Service Site (“users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these Terms of Service carefully each time you use this website. If you are unwilling to be bound by the Terms of Service, you should not access or use the Deep South Appliance Service and it’s site.
By scheduling, requesting, or using any appliance repair service or diagnostic services provided by Deep South Appliance Service ("Company"), you ("Customer") acknowledge and agree to the following:
1. Consent to Terms a. Your use of the Company's services constitutes full consent to this Agreement, the Terms of Service, and the Privacy Policy. b. Continued use of services is considered unconditional acceptance of all terms.
2. Nature of Repair Services a. Appliance repair involves mechanical, electrical, and structural components. b. You understand repairs are based solely on visible conditions and information provided at the time of service.
3. No Guaranteed Outcome a. Diagnosis does not guarantee repair success. b. A repair does not guarantee the appliance will operate without future failure.
4. Customer Responsibilities You agree to: a. Provide truthful information regarding appliance history and issues. Ensure safe, unobstructed access to the appliance. b. Secure pets, small children and personal belongings for a safe work and service environment. c. If a pet causes injury, the customer is 100% responsible and shall pay for any and all medical attention needed for recovery up to death. d. Acknowledge that prior repairs or hidden conditions may affect service outcome.
5. Assumption of Risk You understand and voluntarily accept all risks inherent to appliance repair, including: a. Potential damage due to age or pre-existing defects. b. Failure of unrelated components during or after service. Example: Replacement of Main Control Boards, other types of computer boards and other parts can mask other issues and do not arise until these parts are replaced and show the defect. c. Manufacturer defects, recalls, or deteriorated parts not visible at diagnosis.
6. Limitation of Liability To the fullest extent permitted by law: a. The Company is not liable for indirect, incidental, or consequential damages. b. Company and technician liability for any claim is $0. c. Company is not responsible for issues arising after service completion or caused by pre-existing conditions. d. IN NO EVENT WILL DEEP SOUTH APPLIANCE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO: (1) ANY SERVICE, DIAGNOSIS, REPAIR, MOVEMENTS OF APPLIANCES FOR REPAIRS OR DIAGNOSIS, USE, CONTINUED USE OR (2) RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT AND USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES AND RIGHT OF ANY THIRD PARTY, OR (3) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY (4) YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
7. Agreement to Pay a. You the Customer agree to pay at the time of service all requested service call fees as mentioned and or are provided by the company's website, technicians, staff or online business listings unless otherwise agreed to by the ownership or management. b. In some instances it may not be known to the service provider or technician that a part could be discontinued or NLA No Longer Available, therefore deeming an appliance Unrepairable. c. These instances may be a short visit but the service call fee is still required with out negativity towards the technician or the company Which includes: Refusal to pay charges, Negative Online Posting or Person to Person Conversation or Information exchange sharing.
d. *** in Georgia, refusing to pay for appliance repair or diagnosis is Theft of Services*** 1. (O.C.G.A. § 16-8-5) if you knowingly obtain the service (expertise, time) with the intent to avoid payment, often involving some form of deception, like agreeing to pay and then skipping out or not settling the bill. It's not just about physical goods it's about stolen time/skill, making "dine and dash" or not paying a plumber/electrician examples of this crime 2. Deception: You used some form of trickery or misrepresentation to get the service, or Intent to Avoid Payment, You never intended to pay for the work done or Obtaining Services, This includes repairs, entertainment, accommodations, and utilities. 3. examples: Calling a repair person, letting them diagnose and or fix (or try to fix) your appliance, and then refusing to pay for their labor and time or Agreeing to a service contract and then failing to pay. 4. What to Do if You Have a Dispute (a) Document Everything: Keep records of agreements, invoices, and communications. (b) Civil vs. Criminal: The repair company can pursue civil action for the money owed or report it as criminal theft of services if intent is clear. (c) Seek Legal Advice: Consult a lawyer to understand your specific situation and potential defenses (like lack of intent or a genuine misunderstanding). if you get the service and willfully don't pay, you're likely committing theft of services in Georgia.
8. Eligibility
a. The Deep South Appliance Service site is not targeted towards, nor intended for use by anyone under the age of 18. b. By using the Deep South Appliance Service site, you represent and warranty that you are 18 years of age or older. c. If you are not at least 18 years of age, do not access, use or register on the Deep South Appliance Service site. d. In the event we become aware you are under 18, we can terminate your registration.
9. Changes to the Deep South Appliance Service Site
a. You agree and understand that the Deep South Appliance Service site, including any and all features available via the Deep South Appliance Service site and any User Content (as defined below), may be modified by us at our sole discretion at any time without prior notice. b. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Deep South Appliance Service site implemented after your initial access to the Deep South Appliance Service site shall be subject to these Terms of Service. c. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photograph, graphics, video, messages or other materials made available via the Deep South Appliance Service site by any User (all such items provided by Users, collectively, “User Content”). d. Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, at our sole discretion, against anyone who violates these Terms of Service, including without limitation, by removing any User Content posted in violation of these Terms of Service terminating the registration of such violator or blocking such violator’s use of the Deep South Appliance Service site.
10. Registrations a. In order to access some features of the Deep South Appliance Service site, you may be required to register and to select a password and username, which shall consist of an email address you provide and a screen name (“User ID”). b. If you register, you agree to provide us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. For example, you may not: (1) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (2) use as an User ID a name subject to any rights of a person other than yourself without appropriate authorization.
c. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID at our discretion.
11. Security
a. You shall be responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password whether or not you authorized such activities. b. Any User ID and password for your access to the Deep South Appliance Service site shall be for your personal, non-commercial use only. c. You agree to immediately notify us of any unauthorized use of your User ID or password of which you become aware and ensure that you exit from your account at the end of each session.
12. Use of the Site/Services
a. You may use the Deep South Appliance Service site solely for your personal, non-commercial use. For example, you may use the Deep South Appliance Service site to solicit opinions, ideas and other input from, and share ideas and opinions with other Users and to search the Deep South Appliance Service site for User Content and business or product information. b. You may also invite people you know to join the Deep South Appliance Service site. c. You acknowledge and agree that we do not control the User Content posted to the Deep South Appliance Service site or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. d. You further understand and agree that: (1) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of other User Content posted on or otherwise displayed on or transmitted via the Deep South Appliance Service site, or (2) User Content or products, services, information, content or materials featured or mentioned on the Deep South Appliance Service site. e. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, does not necessarily represent our views. F. You understand that, by using the Deep South Appliance Service site, you may be exposed to User Content that is offensive, indecent or objectionable.
13. Restrictions on Rights to Use
A. Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity): (1) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon publicly display, sell, rent license, or in any way commercially exploit any portion of the Deep South Appliance Service site, except and to the extent expressly permitted under these Terms of Service (2) remove any copyright, trademark or other proprietary rights notice contained in or on the Deep South Appliance Service site (3) use a robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Deep South Appliance Service site (4) collect any information about Users (including user names and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users (5) reformat or frame any portion of any web pages that are part of the Deep South Appliance Service site (6) create user accounts by automated means or under false or fraudulent pretenses (7) create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Deep South Appliance Service site (8) submit to the Deep South Appliance Service site any content that falsely states or implies that such content is sponsored or endorsed by us (9) transmit or upload to the Deep South Appliance Service site any item containing or embodying any virus, worm defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Deep South Appliance Service site, any other website, or any computer or other device or system, or the enjoyment of the Deep South Appliance Service site by any User (10) use the Deep South Appliance Service site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes) (11) submit to the Deep South Appliance Service site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Deep South Appliance Service site to transfer or store illegal material, including any material deemed threatening or obscene (12) copy or store any User Content offered on the Deep South Appliance Service site other than for your personal, non-commercial use (13) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Deep South Appliance Service site or the IT infrastructure used to operate and make the Deep South Appliance Service site available (14) use the Deep South Appliance Service site and/or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law or (15) collect or store personal datA about other Users in connection with the prohibited activities described in this paragraph.
14. User Content Posted by You on the Deep South Appliance Service Site
A. You may not post, upload or transmit any User Content that (1) infringes or otherwise violated any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (2) is proprietary to a third party, without such third party’s prior written consent.
B. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (1) violates these Terms of Service, (2) is offensive or illegal, or (3) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
C. You are solely responsible for any User Content you post, publish or display on the Deep South Appliance Service site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Deep South Appliance Service site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
D. You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Deep South Appliance Service site any User Content that is false, inaccurate, misleading or fraudulent.
E. By uploading User content to the Deep South Appliance Service site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant (1) Deep South Appliance Service, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, copy, publicly perform, digitally perform publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such as User Content, with or without attribution and (2) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each User’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “adroit moral” you may have in or with respect to any User Content you post to the Deep South Appliance Service site.
F. The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Deep South Appliance Service site. You may not post any content that is (1) patently offensive to users of the Deep South Appliance Service site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (2) harasses or advocates harassment of another person (3) promotes illegal activities or conduct that is abusive (4) threatening, obscene, defamatory or libelous (5) pornographic or sexually explicit in nature or (6) seeks, or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or sees or recommends providers that solicit personal information anyone under 18.
15. Copyrights
A. If you believe any User Content or any other aspect of the Deep South Appliance Service site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
(1). A description of the copyrighted work that you claim has been infringed
(2). A description of where the material you claim is infringing is located on the Deep South Appliance Service site
(3). Your address, telephone number and email address
(4). A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
(5). A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf and
(6). An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
16. Privacy
A. Use of the Deep South Appliance Service site is also governed by our Privacy Policy which we encourage you to review.
17. Ownership
A. As between you and us, the Deep South Appliance Service site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Deep South Appliance Service site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us our licensors.
B. Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Deep South Appliance Service site are the proprietary property of Deep South Appliance Service or our respective licensors, as applicable None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Deep South Appliance Service site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Deep South Appliance Service site without the express written permission of the trademark owner. Nothing in these Terms of Service shall be deemed to grant to you or any other User any license or right in or to any patent, copyright trademark, trade secret of other proprietary right of ours.
18. Disclaimer
A. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DEEP SOUTH APPLIANCE SERVICE SITE AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE DEEP SOUTH APPLIANCE SERVICE SITE, IS ENTIRELY AT YOUR OWN RISK. B. AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AS “AS IS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. C. WE MAKE NO, AND HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE DEEP SOUTH APPLIANCE SERVICE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE DEEP SOUTH APPLIANCE SERVICE SITE AND OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE DEEP SOUTH APPLIANCE SERVICE SITE INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. D. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTENT ACCESSIBLE VIA THE DEEP SOUTH APPLIANCE SERVICE SITE IS ACCURATE, COMPLETE OR CURRENT AND WE ARE NOT RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE DEEP SOUTH APPLIANCE SERVICE SITE. E. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE DEEP SOUTH APPLIANCE SERVICE SITE OR THE USER CONTENT WILL BE INTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE DEEP SOUTH APPLIANCE SERVICE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
19. RIGHT TO REFUSE SERVICE A. Deep South Appliance Service reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. B. In the event of a pricing error on the Deep South Appliance Service Site, Deep South Appliance Service reserves the right to cancel any orders resulting from such pricing errors.
20. RIGHT TO CANCEL OR LIMIT A. To properly serve all customers, Deep South Appliance Service Reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. (2) Deep South Appliance Service further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.
21. RIGHT OF ADVERTISING VARIATIONS A. Deep South Appliance Service may display advertising prints for products sold through a Deep South Appliance Service Site. B. Deep South Appliance Service attempts to display the colors of the products shown on the Deep South Appliance Service Site as accurately as possible. C. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
22. DIAGNOSTIC DISCLAIMER
A. Diagnosing appliances can be very tricky at times. Deep South reserves the right and will not refund any diagnostic fees even if the diagnosis it's not completely correct. B. Many appliances use timers, control boards of multiple functions, switches, sensors, heaters, motors, etc. C. And this can be difficult at times to pinpoint a complete true and definite diagnosis. D. Sometimes it is just a best educated technical guess.
23. CANCELLATIONS AND REFUNDS A. IF A CUSTOMER CANCELS SERVICE AFTER THE DEPOSIT PAYMENT HAS BEEN MADE TO ORDER PARTS, THE CUSTOMER MAY RECEIVE A REFUND OF THE AMOUNT LEFTOVER WHAT WAS ORIGINALLY PAID AFTER DEDUCTIONS OF SERVICE CALL FEES, SHIPPING COSTS, RESTOCKING FEES, REVERSAL FEES AND TAX FEES, AND OTHER CHARGES. B. REFUNDS GENERALLY TAKE UP TO 30 TO 45 DAYS TO PROCESS. NO REFUNDS ON SERVICE CALLS FEES UNLESS OTHERWISE DIRECTED BY MANAGEMENT OF DEEP SOUTH APPLIANCE.
24. SEALED SYSTEM DIAGNOSIS AND REPAIR DISCLAIMER (IF WE CHOOSE TO REPAIR) A. There are no refunds diagnosing refrigeration and sealed system units. B. Seal System repairs are 50/50. C. Sometimes they are repairable and sometimes they are not. D. There is a 50% failure rate on sealed system repairs. E. There is NO WAY to tell if the repair is successful until a repair is tried and attempted. F. Before performing Sealed System Repair work, BE HIGHLY ADVISED on the likelihood that it MAY function properly OR IT MAY NOT. G. Once your Sealed System is repaired and confirmed repaired, we only warranty the parts and labor for 30 days, this is because we don't do partial System repairs like some other companies. H. We replace the entire system at the same time as this has proven to have the highest likelihood of a lasting repair, unless your unit is simply irreparable. I. We will however come out at no charge if the system itself is to likely to fail and confirm for you if that is the case. J. THERE ARE NO REFUNDS ON SEALED SYSTEM REPAIRS. K. Older systems are harder and more difficult to repair successfully and have a higher than 50% repair failure rate. L. If a refrigerant leak is diagnosed, using refrigeration dye is only one method and often used as the last resort. Most common method is an electronic leak detector. M. It is illegal for a tech to add refrigerant to a system knowing it has a leak. N. Refrigerant leak, System Restriction, or Bad Compressor, all have the same symptoms. O. If no one has connected refrigerant gauges to the system, the problem is unknown other than it's in the sealed system. P. Sealed system repair costs vary from unit to unit.
25. Indemnity
A. You agree to indemnify and hold Deep South Appliance Service and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorney’s fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (1) your access to the Deep South Appliance Service Site, (2) your use of the Deep South Appliance Service Site, (3) any User Content posted, uploaded or transmitted by you, (4) your use or distribution of any User Content, (5) your violation of these Terms of Service, (6) any use of your User ID or password by you or any third party, or (7) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
26. Third Party Advertisements & Links to Third Party Sites
A. We may display on the Deep South Appliance Service Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. B. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. C. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. D. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE DEEP SOUTH APPLIANCE SERVICE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
27. Changes to Terms of Service
A. We reserve the right to make changes at any time to these terms of Service. B. Any modifications to the Terms of Service will be effective upon posting AND SUPERSEDS PREVIOUS CHANGES. C. You agree to review the Terms of Service periodically so that you are aware of any modifications. D. Your continued use of the Deep South Appliance Service Site after any modifications indicates your acceptance of the modified Terms of Service.
28. Disputes
A. Any dispute relative to the Deep South Appliance Service Site or use or inability to use the Deep South Appliance Service Site will be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. B. Any dispute relating in any way to your visit to or participation on the Deep South Appliance Service Site shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia, and you consent to exclusive jurisdiction and venue in such courts. C. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. D. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. E. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.
29. Applicable law
A. By visiting the Deep South Appliance Service Site, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Deep South Appliance Service Site.
30. Miscellaneous
A. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind Deep South Appliance Service in any respect whatsoever. B. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Deep South Appliance Service Site. C. These Terms of Service, which shall be deemed accepted by you upon your use of the Deep South Appliance Service Site, constitute the entire agreement among you and Deep South Appliance Service regarding use of the Deep South Appliance Service Site. D. Deep South Appliance Service's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. E. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. F. These Terms of Service are not assignable, transferable or sub licensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. G. These Terms of Service include and incorporate the Privacy Policy for the Deep South Appliance Service Site and any notices regarding the Deep South Appliance Service Site.
31. Safety Notice to customers and technicians
A. Before beginning any project, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. B. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations.
C. Always read and observe all the safety precautions provided by any tool or equipment manufacturer and follow all accepted safety procedures. D. What follows are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking home improvements yourself. E. They are not substitutes for your own caution, care, good judgment and common sense. General Precautions:
(1). Always read container labels on paints, solvents, and other products provide ventilation, and observe all other warnings.
(2). Always read the manufacturer's user’s manual for using a tool, especially the warnings. You should not use tools until the owner's manual is received and reviewed thoroughly.
(3). Always pay deliberate attention to how a tool works so that you can avoid being injured. Do not try to force them to do what they were not designed to do.
(4). Always keep your hands away from the business ends of blades, cutters, and bits.
(5). Never work with any tools when you are tired or under the influence of alcohol or drugs.
(6). Never work in insufficient lighting.
(7). Never work with dull tools. Have them sharpened or learn how to sharpen them yourself.
(8). Never saw a surface that spans a large distance between horses without close support on each side of the cut the piece can bend, closing on and jamming the blade, causing saw kickback.
(9). Never support a surface from underneath with your leg or other part of your body when working.
(10). Always use hold-downs and push sticks whenever possible when working on a table saw. Avoid working short pieces if you can.
(11). Always make sure that any adjustment is locked before proceeding.
F. Wear the Correct Gear:
1. Wear rubber or work gloves when handling chemicals, moving or stacking lumber, or doing heavy construction.
2. Wear eye protection, especially when using power tools or striking metal on metal or concrete.
3. Use a special-purpose tool belt with leather pockets and holders if you want to carry sharp or pointed tools, such as knives, awls or chisels. Never carry such tools in your pockets.
4. Wear a disposable facemask when you create dust by sawing or sanding. Use a special filtering respirator when working with toxic substances and solvents.
5. Never work while wearing loose clothing, hanging hair, open cuffs, or jewelry.
G.Power Tool Precautions:
1. Always be sure that the electrical setup is safe be sure that no circuit is overloaded and that all power tools and electrical outlets are properly grounded. Do not use power tools in wet locations.
2. Always remove the key from any drill chuck (portable or press) before starting the drill.
3. Always clamp small pieces firmly to a bench or other work surface when using a power tool on them.
4. Always be aware that your body's reflexes probably are not fast enough to save you from injury from a power tool in a dangerous situation. Be alert!
5. Always hold a circular saw firmly, usually with both hands so that you know where they are.
6. Always use a drill with an auxiliary handle to control the torque when large-size bits are used.
7. Never change a movable part such as a saw blade, a drill or router bit unless the power cord is unplugged. Do not depend on the switch being off you might accidentally hit it.
8. Never use a power tool on a surface - large or small - that is not firmly supported.
32. Damages or Pre-existing Damages
A. In order to repair your appliance, it may have to be moved. B. There is a possibility of damage which you should be made aware. C. Although we are careful, many floor-covering materials in use today are soft, and appliances tend to depress the floor covering and adhere to it. D. Movement can sometimes cause a tear or deep scratches on the flooring.
E. In addition, some built-in appliances become wedged too tightly and are difficult, if not impossible to move without marring the surrounding
areas.
F. In order to avoid a possible misunderstanding later, you release and acknowledge that this potential problem with moving an appliance. G. You also release Deep South Appliance Service LLC from any responsibility of damages pre, during or post of any service or repair in your residence.
H. You acknowledge that you have read the foregoing and understand that, in spite of the care taken by the technician, some damage may result from moving your appliance for service, and in order to secure services you hereby release Deep South Appliance Service LLC, and its technicians from liability for
such damage.
33. Photography
A You hereby agree as follows:
1. You hereby give and grant to Deep South Appliance Service LLC, the right to take and use photographs, pictures or video of your residence and its contents in connection with a service call or its website or advertising media outlets.
2. You agree that all photographs, pictures and videos of you or your residence and contents are owned by Deep South Appliance Service LLC and shall be used solely by Deep South Appliance Service LLC for the purpose of documenting, evaluating and use in connection with Deep South Appliance Service LLC
34. Google
A. Google's advertising requirements can be summed up by Google's Advertising Principles. B. They are put in place to provide a positive experience for users.
https: //support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
35. Online Privacy Protection
A. CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. B. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
C. According to CalOPPA we agree to the following:
1. Users can visit our site anonymously.
2. Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
3. Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.
4. Users will NOT be notified of any privacy policy changes:
D. COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 18.
36. Fair Information Practices
A. The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. B. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
C. In order to be in line with Fair Information Practices we will take the following responsive action should a data breach occur: We will notify the users via email within 7 business days
D. We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
37. CAN SPAM Act
A. The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
38. We collect your email address in order to:
A. Send information, respond to inquiries, and/or other requests or questions.
B. Process orders and to send information and updates pertaining to orders
C. We may also send you additional information related to your product and/or service.
D. Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
39. To be accordance with CANSPAM we agree to the following:
A. NOT use false, or misleading subjects or email addresses
B. Identify the message as an advertisement in some reasonable way
C. Include the physical address of our business or site headquarters
D. Monitor third party email marketing services for compliance, if one is used.
E. Honor opt-out/unsubscribe requests quickly
F. Allow users to unsubscribe by using the link at the bottom of each email ---------------------
Deep South Appliance Service – Privacy Policy
Deep South Appliance Service (“we,” “our,” or “us”) is committed to protecting the privacy and security of our customers’ personal information. This Privacy Policy explains what information we collect, how we use it, and how we safeguard it when you visit our website or provide information during service requests. --- 1. Information We Collect We may collect the following types of information: 1.1 Personal Information Information voluntarily provided by the customer, including but not limited to: Name Address Email address Phone number Service details regarding appliances Any information submitted through forms, scheduling tools, or direct communications
1.2 Technical Information When you visit our website, certain data may be collected automatically, such as: Browser type/operating system Device type IP address Pages viewed and time spent on the site
This information is used solely for improving website performance and is not linked to personal identity. --- 2. How We Use Customer Information We use the information we collect only for purposes directly related to providing service, including: Scheduling and completing appliance service or repair Communicating with customers regarding appointments, updates, or service recommendations Processing payments Improving our services and customer experience
We do not sell, rent, or share personal information with third parties for marketing or unrelated purposes. --- 3. Information Sharing Deep South Appliance Service does not share, distribute, or disclose customer information to any outside parties except in the following limited situations: Legal Requirements: If required to comply with applicable laws, regulations, or legal processes. Payment Processing: When necessary to securely process a customer’s payment through trusted and compliant payment processors. Service-Related Needs: Only when essential for completing a service (example: parts suppliers when verifying warranty coverage or ordering specific components).
In all cases, any information shared is kept minimal and strictly limited to what is necessary. --- 4. Data Protection & Security We take customer information security seriously. To protect your data, we use: Secure encrypted systems Firewalls and access controls Safeguards to prevent unauthorized access, alteration, or disclosure
Only authorized personnel are allowed access to customer data, and solely for business-related functions. --- 5. Cookies and Website Tracking Our website may use cookies or similar technologies to enhance browsing experience. Cookies do not collect personal information and can be disabled through your browser settings. --- 6. Your Rights Customers may: Request clarification on what personal information we hold Update or correct their information at any time Request the deletion of their information, unless retention is required for business or legal reasons
To request updates or removals, please contact us using the information below. --- 7. Third-Party Links Our website may contain links to third-party websites. We are not responsible for the content or privacy practices of these sites. We encourage users to review those policies individually. --- 8. Changes to This Privacy Policy We may update this Privacy Policy from time to time. Any changes will be posted on this page with the updated effective date. --- 9. Contact Us If you have any questions about this Privacy Policy or how your information is handled, please contact:
Deep South Appliance Service 300 W I PKWY, 2ND FLOOR SUITE 202 Dallas, GA 30132 Phone: 404-590-8405 Email: Service@DeepSouthAppliance.com Website: DeepSouthAppliance.com