This document was last updated: July  13, 2024

 

The following Terms of Service (“Terms”) are between you, or the company you represent, as a user (“User,” “You,” and/or “Your”) and Free Appliance Removal (“Free Appliance Removal” “us,” “we,” and/or “our”) and govern your access to and use of our websites, which include but are not limited to, www.freeapplianceremovals.com (collectively, our “Platform(s)”).

 

By using the Platform or our Services (defined below), you are agreeing to be legally bound by these Terms. In addition, certain other aspects of the Platform and our Services are subject to additional terms and conditions, such as our Liability Waiver and Release Agreement and  Privacy Policy. These other policies are incorporated by reference into these Terms and by using the Platform or otherwise engaging our Services, you are agreeing to be bound by these Terms and such other policies as they are applicable.

 

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS OUR PLATFORM OR SERVICES. MOVING FORWARD WITH USE OF PLATFORM AND SERVICE WILL CONSTITUTE AS S AGREEMENT OF THESE TERMS, CONDITIONS, WAIVERS, AND POLICIES.

 

YOU SHOULD READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR PLATFORMS OR SERVICES, AND ESPECIALLY BEFORE YOU PLACE AN ORDER WITH US FOR SERVICES.

 

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER, WHICH MAY AFFECT YOUR RIGHTS.

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1. Liability

This Liability Waiver and Release Agreement ("Agreement") is entered into between Free Appliance Removal ("Company") and the undersigned ("Customer"). By signing this Agreement, the Customer agrees to the terms and conditions set forth below.

 

2. Your Representations

By using our Platform and/or placing an order for Services, you expressly warrant and represent that you:

1. Have read, understand, and agree to be legally bound by these Terms;

2. Are at least eighteen (18) years old;

3. Reside in the United States or any of its territories;

4. Own or have legal possession to any and all property to be hauled away, assembled, disassembled, installed, transported, or subjected to any other services made available through the Platforms or these Terms;

5. Have the right, authority, and capacity to agree to these Terms; and

6. Will comply with any and all applicable laws.

 

3. Acknowledgment of Risk

The Customer acknowledges that the removal of appliances may involve certain risks, including but not limited to, property damage. The Customer understands that these risks cannot be eliminated without jeopardizing the essential qualities of the service.

 

4. Placing Orders

1. In order to place an order for Services made available through a Platform, you must be at least eighteen (18) years of age and you may be required to supply certain information relevant to your order for Services, including without limitation your credit card number, the expiration date of your credit card, your billing address, and service address.

2. You warrant and represent that you have the lawful right to use any credit card(s) or other payment method in connection with any order for Services and that the information you provide to us is true, correct, and complete in all respects.

3. We may employ the use of third-party services for the purpose of facilitating payment and completion of the order for Services. By submitting your information to us, you grant us the right to provide your information to these third parties subject to our Privacy Policy.

4. We reserve the right to refuse or cancel your order at our sole discretion at any time and for any reason, including without limitation availability of Services, errors in the description or price of the Services, other errors in your order, if fraud or an unauthorized or illegal transaction is suspected, or for any other reason.

 

5. Service Windows

While we make every possible effort to coordinate the timely and reliable provision of Services, we cannot and do not guarantee service windows or dates.

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Inclement weather, traffic delays, motor vehicle accidents, facility delays, equipment failure, and other delaying events happen occasionally and we are not responsible for these delays.

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6. Accessibility and Disassembly

Do not place an order with us for Services if your item(s) require extensive disassembly and/or are not safely removable without the destruction of the item and/or alternation of the building and/or property that your item(s) is/are located in.

By placing an order, you are representing to us that all items are accessible and removable from your location.

 

7. Refusal of Service

Notwithstanding anything to the contrary in these Terms, we reserve the right to refuse or cancel an order for Services at any time and for any reason. Without limiting our ability to cancel an order for any reason, we have refused or cancelled Services in the past due to the following circumstances:

1. If an item is found to be infested with bugs (and if such infestation was not disclosed during the placement of your order, you will not be refunded);

2. If your location is too dangerous or unsanitary (in our sole discretion or that of your Third-Party Provider);

3. In instances of inclement weather such as heavy rain, snow, sleet, hail, lightning, and/or high winds;

4. Your location is inaccessible or too far away from your Third Party Provider’s vehicle (in our sole discretion or that of your Third Party Provider);

If your item(s) cannot be moved safely through a narrow doorway, hallway, up or down stairs. If you still want your Third Party Provider to provide the Services after being advised of the risk of damage to your property, you waive any right to receive any reimbursement or other recompense for any damages that may result.

 

8. Disposal of Items

We encourage Third Party Providers to recycle or donate items in the most environmentally friendly manner possible, but we cannot and do not guarantee that items will be recycled or donated for reasons such as lack of appropriate nearby facilities; refusal of items; poor condition, contamination, or infestation of items; or other reasons beyond the reasonable control of your Third Party Provider.

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9. Waiver and Release

In consideration of the services provided by the Company, the Customer hereby voluntarily releases, forever discharges, and agrees to indemnify and hold harmless the Company and Third Party Providers, its officers, directors, employees, agents, and representatives from any and all claims, demands, or causes of action which are in any way connected with the removal of appliances from the Customer's property. This includes, but is not limited to, any claims of property damage, whether

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10. Assumption of Risk

The Customer understands and agrees that the Company and Third Party Providers are not responsible for any damage to the Customer's property that may occur during the appliance removal process. The Customer assumes full responsibility for any such damage and understands that the Company is providing the service on the express condition that the Company will not be liable for any damage.

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11. Indemnification

The Customer agrees to indemnify and hold harmless the Company and Third Party Providers from any and all claims, actions, suits, procedures, costs, expenses, damages, services, liabilities, and any action in nonconformity with these Terms, and/or any action in violation of applicable laws or regulations, including attorney's fees, brought as a result of the appliance removal and to reimburse the Company for any such expenses incurred. 

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We may, but are not obligated to, assumed exclusive control, at your expense, of any matter which requires indemnification.

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You agree to fully cooperate with Company in the event we elect to take control of such control of such action and agree not to settle or otherwise resolve any such matter without our express written consent.

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12. Release

Subject to the applicable provisions of these Terms, you hereby release and discharge Company, Third Party Providers, its officers, members, employees, agents, contractors, affiliates, successors and assigns from each and every past, current, or future dispute, claim, controversy, demand, liability, action, omission, cause of action, and/or litigation, of any kind or nature, including without limitation breach of contract, tort, intellectual property suits, personal injury, death, and/or property damage, arising out of or related to, directly or indirectly, these Terms or any other interaction with the Platforms or the Services.

 

NOTE TO CALIFORNIA RESIDENTS: USERS RESIDING IN CALIFORNIA HEREBY WAIVE THE PROVISIONS OF CAL. CIV. CODE § 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS IN WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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13. Disclaimers

THE PLATFORMS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND LOADUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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COMPANY MAKES NO GUARANTEE THAT THE PLATFORMS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, WILL ALWAYS BE ERROR-FREE, WILL BE SECURE, WILL BE TIMELY, WILL BE RELIABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL DATA AND/OR INFORMATION.

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TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, AS APPLICABLE, COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR OTHERWISE ARISING OUT OF DEATH, PERSONAL INJURY, PERSONAL PROPERTY DAMAGE, OR REAL PROPERTY DAMAGE RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF THE PLATFORMS OR THE SERVICES.

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COMPANY TAKES NO RESPONSIBILITY, NOR WILL IT BE LIABLE FOR, ANY DAMAGES TO YOUR PROPERTY, INCLUDING WITHOUT LIMITATION VIRUSES OR MALWARE, OR OTHER PROPERTY CAUSED BY OR STEMMING FROM YOUR USE OF THE PLATFORMS OR SERVICES.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE IN YOUR SPECIFIC SITUATION.

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14. Limitation on Liability

COMPANY SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS, YOUR USE OF THE PLATFORMS, AND/OR THE SERVICES. ACCESS TO AND USE OF THE PLATFORMS AND SERVICES ARE AT YOUR OWN RISK AND DISCRETION.

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NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES STEMMING FROM OR OTHERWISE RELATED TO THESE TERMS, THE PLATFORMS, AND/OR THE SERVICES, FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE FORM OR FORUM, IS LIMITED TO THE LESSOR OF, IN COMPANY'S SOLE AND ABSOLUTE DISCRETION, TWENTY-FIVE DOLLARS ($25.00).

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THE FOREGOING LIMITATIONS ON LIABILITY APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

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ALL CLAIMS ARISING OUT OF YOUR USE OF THE PLATFORMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE SERVICES WERE ACTUALLY PERFORMED.

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15. Binding Agreement

This Agreement shall be binding upon the parties, their successors, representatives, heirs, and assigns. The Customer acknowledges that they have read this Agreement, fully understand its terms, and understand that they are giving up substantial rights, including the right to sue the Company for damages resulting from the appliance removal process.

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16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state in which the appliance removal takes place, without giving effect to any principles of conflicts of law.

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17. Entire Agreement

This Agreement constitutes the entire agreement between the Customer and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

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18. Electronic Signature and Electronic Acknowledgement

The Customer agrees that their electronic signature and/or electronic acknowledgement is the legal equivalent of their manual/handwritten signature and manual/handwritten/verbal acknowledgement on and ofthis Agreement. By electronically signing and/or acknowledging this Agreement, the Customer consents to be legally bound by its terms and conditions. The Customer also agrees that no certification authority or other third-party verification is necessary to validate their electronic signature and/or electronic acknowledgment and that the lack of such certification or third-party verification will not in any way affect the enforceability of their electronic signature and/or electronic acknowledgmen or any resulting agreement between the Customer and the Company.

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19. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms, this  Agreement, the platforms, and/or the services  including the breach, termination, enforcement, interpretation, or validity thereof, YOU AND WE AGREE TO ATTEMPT TO RESOLVE THE DISPUTE BY FIRST NEGOTIATING DIRECTLY IN GOOD FAITH.  IF YOU AND WE ARE UNABLE TO RESOLVE THE DISPUTE THROUGH GOOD FAITH NEGOTIATION, YOU AND WE AGREE that the dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in the state and county where the appliance removal occurred, unless otherwise agreed by the parties.

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The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

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20. Class Action Waiver

EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT NEITHER OF YOU OR US WILL ASSERT CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER, OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER, WHICH ACTIONS ARE HEREBY WAIVED. EACH OF YOU AND US SHALL ONLY SUBMIT YOUR OR OUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION (OR SMALL CLAIMS COURT, IF APPLICABLE) PURSUANT TO THESE TERMS AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON OR ENTITY OR OTHERWISE PARTICIPATE IN A CLAIM BROUGHT BY ANY OTHER PERSON OR ENTITY.

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21. Jury Trial Waiver

IF, FOR ANY REASON, A DISPUTE PROCEEDS IN A COURT RATHER THAN IN ARBITRATION, YOU AND WE AGREE THAT WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

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22. Modification

We may occasionally revise these Terms and Agreement. In the event we make substantial changes to these Terms and Agreement, we may notify you via email of such changes and/or by prominently posting notices of such revisions on the Platforms. Revisions to these Terms and Agreement are effective upon their publication and your continued use of the Platforms and/or the Services is indicative of your acceptance of such revised Terms.

 

34. Contact

If you have any questions regarding these Terms and Agreement or would like to contact us for any other reason, please contact us at:

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Free Appliance Removal

https://www.freeapplianceremovals.com/

1445 Woodmont Ln NW

Atlanta, GA 30318

(404) 595-0473

info@freeapplianceremovals.com