Privacy Policy

Green Wire Appliance Repair LLC

Effective Date: May 20, 2024

Green Wire Appliance Repair LLC (“we,” “our,” “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website www.mielesandiego.com or use our services. Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the site or use our services.

1. Information We Collect

We may collect information about you in a variety of ways. The information we may collect on the site includes:

• Personal Data: Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the site or when you choose to participate in various activities related to the site, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however, your refusal to do so may prevent you from using certain features of the site.
• Derivative Data: Information our servers automatically collect when you access the site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the site.
• Financial Data: Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the site. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, [Payment Processor], and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
• Data From Social Networks: User information from social networking sites, such as [social media sites], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.
• Mobile Device Data: Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the site from a mobile device.

2. Use of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the site to:

• Create and manage your account.
• Process your transactions and send you related information, including purchase confirmations and invoices.
• Manage your orders and provide customer service.
• Improve the functionality of our website.
• Send you promotional information, such as newsletters.
• Enable user-to-user communications.
• Fulfill and manage purchases, orders, payments, and other transactions related to the site.
• Generate a personal profile about you to make future visits to the site more personalized.
• Increase the efficiency and operation of the site.
• Monitor and analyze usage and trends to improve your experience with the site.
• Notify you of updates to the site.
• Offer new products, services, and/or recommendations to you.
• Perform other business activities as needed.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

3. Disclosure of Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

• By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.
• Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Third-Party Service Providers: We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
• Marketing Communications: With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
• Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
• Business Partners: We may share your information with our business partners to offer you certain products, services, or promotions.
• Other Third Parties: We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
• Sale or Bankruptcy: If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.

5. Security of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

6. Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. If we learn that we have collected information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you become aware of any data we have collected from children under age 13, please contact us at [Insert Contact Information].

7. Controls for Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized

Terms and Conditions

Green Wire Appliance Repair LLC
Effective Date: May 20, 2024

1. Introduction

Welcome to Green Wire Appliance Repair LLC. These Terms and Conditions (“Terms”) govern your use of our website www.mielesandiego.com and the services we provide. By accessing or using our website or services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. General Definitions

“Seller” refers to Green Wire Appliance Repair LLC.
“Purchaser” refers to any person purchasing or offering to purchase Products from Seller or receiving or requesting to receive Services from Seller.
“Products” shall mean all products and related accessories and attachments, including replacements thereof, or spare or replacement parts, sold by Seller.
“Services” shall mean any Product related services provided by a Seller service technician.

3. Applicability and Acceptance

A. These terms and conditions are the only terms which govern the sale of the Products by Seller to Purchaser and the provision of Services by Seller to Purchaser. These Terms & Conditions supersede any and all prior oral quotations, communications, agreements or understandings of the parties in respect of the sale and delivery of the Products and the provision of Services.

B. Seller’s acceptance of Purchaser’s order shall not constitute an acceptance of printed provisions on Purchaser’s order form, or any other form or document supplied by Purchaser, which are different from or additional to these Terms & Conditions unless specifically accepted in writing by an authorized officer of Seller, and such different or additional terms or conditions are hereby expressly rejected and are rendered null, void and of no effect. These Terms & Conditions may not be modified, amended, waived, superseded, or rescinded, except by a written agreement signed by an authorized officer of Seller.

4. Material Furnished by Seller

All drawings, specifications, blueprints, measurements, manuals, and other material furnished to Purchaser by Seller hereunder are subject to modification and are not binding unless so stated in writing by Seller. Seller reserves the right to correct clerical and typographical errors of any line. Seller reserves the right to modify, improve or discontinue Products, or to change specifications, at any time, without notice.

5. Prices and Taxes

All prices quoted are subject to change and are not binding on Seller unless so stated in writing by Seller. Freight, insurance, packing, and any other costs incurred in respect of the Products are not included in the price unless otherwise stated in the quotation or order confirmation. In addition, any governmental sales, use, value-added, or similar taxes which are assessed against the Products or in connection with the sale of the Products or the provision of Services are not included in the price unless otherwise agreed in writing by Seller.

6. Delivery and Risk of Loss

A. Delivery of the Products shall be made FCA Seller’s designated shipping location (Incoterms 2010).

B. Delivery dates and dates for the provision of Services provided by Seller are estimates only and are subject to change for any reason. They shall not operate to bind Seller to ship or deliver the Products on the dates indicated or provide the Services on the dates indicated. Seller shall not incur any liability whatsoever for any damages arising out of, or relating to, changes in delivery dates, partial shipments, or untimely performance, which may be incurred by Purchaser. Seller reserves the right to make partial deliveries of the Products and to submit separate invoices to Purchaser for each such partial delivery.

C. Risk of loss or damage to the Products sold hereunder shall pass to Purchaser when the Products are delivered pursuant to Paragraph 5.A.

7. Payment Terms

A. Purchaser shall pay to Seller the invoice price of the Products sold hereunder, in full and without any deduction or offset of any kind whatsoever, in advance of the delivery of the Products. For the provision of Services, Purchaser shall make the payment at the time when the Services are provided.

B. All payments for the Products shall be made by credit card or wire transfer. All payments for the provision of Services shall be made by credit card.

C. With respect to credit card payments, Purchaser may notice a temporary additional authorization in the amount of 10% of the invoice price. This temporary additional authorization is usually required for any small values or rounding differences such as for tax, freight, or similar and helps ensure timely processing of the order. Once the order is completed, the additional authorization will be removed as per the Purchaser’s bank processes.

8. Cancellation of Order

Before a Product is delivered, Purchaser may attempt to cancel or modify an order by contacting Green Wire Appliance Repair LLC’s Customer Support Department which can be reached either by phone (888-996-4353) or by email (info@mielesandiego.com). Seller may try to accommodate Purchaser but does not guarantee that an order can be canceled or modified after it has been saved online. After the delivery of the Product has been initiated, an order cannot be canceled or modified.

9. Force Majeure

No liability shall result to Seller from any delay in performance or from non-performance caused by earthquakes, lightning, storms, floods, or other acts of God, strikes, lockouts, work stoppages or other labor or industrial disturbances, wars, blockades, quarantine restrictions, embargoes, insurrections, riots, epidemics, fires, civil disturbances, explosions, partial or entire failure of production facilities, inability to obtain transportation, shortages of raw materials, governmental laws, ordinances, rules and regulations or temporary failure of electric power, or any other unforeseeable circumstances of a similar nature beyond Seller’s reasonable control; provided that Seller (i) notifies Purchaser of the existence of such cause and its probable duration and (ii) makes all reasonable efforts to prevent, limit and remove the effects of such cause.

10. Indemnification and Limitation of Liability

A. You agree to indemnify and hold harmless Green Wire Appliance Repair LLC and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of our website or services, your violation of these Terms, or your violation of any rights of another.

B. To the fullest extent permitted by law, Green Wire Appliance Repair LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of our website or services. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.

11. Restocking Fee for Parts

If a client cancels the repair while we are waiting for parts or after the parts have been delivered, a restocking fee of 30% of the parts cost will apply. The client will not receive a refund for the service fee, trip fee, or flat rate. Additionally, the 30% restocking fee will be deducted from the cost of the parts before any refund is issued.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state and federal courts located in San Diego County, California.

13. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our website or services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any updates or changes.

14. Contact Us

If you have any questions or concerns about these Terms, please contact us at: 858-212-0060 or care@mielesandiego.com

Green Wire Appliance Repair LLC

Green Wire Appliance Repair LLC

Extended Service Plan Terms and Conditions

Effective Date: May 20, 2024

Thank you for your recent purchase of our Extended Service Plan. We hope you enjoy your new product with the added comfort and protection this plan provides. If you require any assistance, please feel free to contact our Customer Service Department. We are open Monday through Friday from 8:00 AM to 8:00 PM (PST).

Customer Service Contact Information:
Phone: 858-212-0060
Email: care@mielesandiego.com

SERVICE CONTRACT

DEFINITIONS

“We”, “Us”, and “Our” shall mean Green Wire Appliance Repair LLC.
“You” or “Your” shall mean the purchaser of the Product(s) covered by this Service Contract.
“Administrator” shall mean Green Wire Appliance Repair LLC, responsible for administering benefits to You in accordance with the Service Contract terms and conditions.
“Products” shall mean all appliances and related accessories sold by Green Wire Appliance Repair LLC.
“Services” shall mean any Product-related services provided by a Green Wire Appliance Repair LLC service technician.

SERVICE AVAILABILITY
This Service Contract is available only to residents of San Diego County and Orange County.

TERM

This Service Contract shall commence immediately upon expiration of the shortest portion of the manufacturer’s original written warranty. It will remain in effect, subject to the Limit of Liability defined below, for the term specified in the sales documentation provided to You at the time of purchase. All Products and/or parts replaced under this Service Contract are the property of Us in their entirety.

WHAT IS COVERED

In consideration of payment of the Service Contract price, We agree to furnish or pay for labor or parts, or replacement equipment required to repair a mechanical or electrical failure of the covered product during normal usage for the term of this Service Contract. Non-original manufacturer’s parts of like kind and quality may be used if the original manufacturer’s parts are unavailable. In lieu of repairing the Product, We reserve the right, at Our sole discretion, to replace the Product with a product of equal or similar features and functionality. If the Product is replaced, We will have no further obligation to repair or replace the Product, and You will not be entitled to make any further claims for its repair or replacement. This Service Contract covers only functional repairs; physical damage such as scratches, dents, or other cosmetic damages are not covered.

ELECTRICAL SURGE PROTECTION

This Service Contract also covers the electrical or mechanical failure of Your product(s) resulting from power surge caused by lightning or power outage. POWER SURGE DOES NOT COVER DAMAGES CAUSED BY IMPROPER INSTALLATION OR CONNECTION TO AN INCORRECT POWER SOURCE.

FOOD LOSS PROTECTION FOR REFRIGERATORS OR FREEZERS ONLY

We will reimburse You up to $100.00 in any one (1) year of coverage for any food spoilage resulting from a covered mechanical or electrical failure of Your Product. We reserve the right to request purchase receipts and/or a list of spoiled contents for food spoilage claims reported to Us.

DEDUCTIBLE

There is no deductible required to obtain service on Your Product.

WHAT TO DO IF COVERED PRODUCT REQUIRES SERVICE

Call Green Wire Appliance Repair LLC at 858-212-0060 or visit www.mielesandiego.com and explain the problem. We will attempt to resolve the problem over the telephone. If we cannot resolve the problem, You will be directed to an authorized service center. NOTE: THIS SERVICE CONTRACT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. We reserve the right to inspect the Product from time to time. Service will be provided during normal business hours and in California.

PLACE OF SERVICE

If You purchased On-Site Service, we will arrange to repair or replace the Product at Your location during normal business hours. If you purchased Carry/Mail-In Service, You will be responsible for delivery or shipment, prepaid and insured, of the Product to our authorized service facility for repair or replacement.

LIMIT OF LIABILITY

The total amount that We will pay for repairs made in connection with all claims that You make pursuant to this Service Contract shall not exceed the purchase price of the Product, less taxes. In the event We make payments for repairs, which in the aggregate, are equal to the purchase price or We replace the Product, We will have no further obligations under this Service Contract.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES

INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE CONTRACT, INCLUDING INHERENT PRODUCT FLAWS.

WHAT IS NOT COVERED

• ANY EQUIPMENT LOCATED OUTSIDE CALIFORNIA;
• EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR SOLD “AS IS;”
• REFURBISHED PRODUCTS WITH LESS THAN AN ORIGINAL NINETY (90) DAY MANUFACTURER’S PARTS AND LABOR LIMITED WARRANTY;
• MAINTENANCE, REPAIR OR REPLACEMENT NECESSITATED BY LOSS OR DAMAGE RESULTING FROM ANY CAUSE OTHER THAN NORMAL USE AND OPERATION OF THE PRODUCT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND OWNER’S MANUAL, INCLUDING BUT NOT LIMITED TO THEFT, EXPOSURE TO WEATHER CONDITIONS, OPERATOR NEGLIGENCE, MISUSE, ABUSE, IMPROPER ELECTRICAL/POWER SUPPLY, ETC.;
• COFFEE MACHINE BLOCKAGES: ANY ISSUES CAUSED BY BLOCKAGES IN THE COFFEE MACHINE DUE TO COFFEE RESIDUE OR GROUNDS ARE NOT COVERED. THIS INCLUDES BUT IS NOT LIMITED TO CLOGGED BREWING UNITS, GRINDERS, OR INTERNAL PATHWAYS.
• BREWING UNIT CLEANING: REGULAR CLEANING AND MAINTENANCE OF THE BREWING UNIT, AS SPECIFIED IN THE MANUFACTURER’S MANUAL, ARE THE RESPONSIBILITY OF THE OWNER AND ARE NOT COVERED UNDER THIS PLAN.
• UNAUTHORIZED REPAIRS, IMPROPER INSTALLATION OR ATTACHMENTS, TRANSPORTATION DAMAGE;
• COSMETIC DAMAGE TO CASE OR CABINETRY OR OTHER NON-OPERATING PARTS OR COMPONENTS;
• LACK OF MANUFACTURER-SPECIFIED MAINTENANCE, IMPROPER EQUIPMENT MODIFICATIONS, VANDALISM, ANIMAL OR INSECT INFESTATION, RUST, DUST, CORROSION, DEFECTIVE BATTERIES, BATTERY LEAKAGE, OR ACTS OF NATURE OR ANY OTHER PERIL ORIGINATING FROM OUTSIDE THE PRODUCT;
• ALL DISPLAY PRODUCTS THAT ARE USED IN AN APPLICATION THAT REQUIRES CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION;
• EQUIPMENT USED IN INDUSTRIAL SETTINGS; EQUIPMENT USED IN INDUSTRIAL SETTINGS MAY BE DEFINED AS: (1) ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED; AND (2) ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE EQUIPMENT WOULD NOT HONOR ANY WARRANTY REGARDING THE EQUIPMENT;
• ANY AND ALL ACCIDENTAL DAMAGE, CRACKED OR DAMAGED MONITOR, LAPTOP OR DISPLAY SCREENS, DAMAGE DUE TO WATER OR LIQUID MARKS AND/OR RINGS;
• COMPONENTS NOT CONTAINED WITH THE HOUSINGS OF THE COVERED PRODUCT(S) SUCH AS ELECTRICAL WIRING, WATER OR GAS PIPING, HOSES, DUCTWORK, DRAINS, ETC.;
• ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT;
• SERVICE NECESSARY BECAUSE OF IMPROPER STORAGE, IMPROPER VENTILATION, RECONFIGURATION OF EQUIPMENT, USE OR MOVEMENT OF THE EQUIPMENT, INCLUDING THE FAILURE TO PLACE THE EQUIPMENT IN AN AREA THAT COMPLIES WITH THE MANUFACTURER’S PUBLISHED SPACE OR ENVIRONMENTAL REQUIREMENTS;
• ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED;
• ANY INSTALLATION THAT PREVENTS NORMAL SERVICE;
• ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE EQUIPMENT WOULD NOT HONOR ANY WARRANTY REGARDING THE EQUIPMENT;
• FAILURE TO USE REASONABLE MEANS TO PROTECT YOUR PRODUCT FROM FURTHER DAMAGE AFTER A FAILURE OCCURS;
• LOSS OR DAMAGE DUE TO FAILURE TO REPLENISH OR REPLACE COOLANTS, LUBRICANTS, REFRIGERANT OR ANY OTHER FLUID REQUIRED BY THE MANUFACTURER;
• CONSUMABLES SUCH AS FILTERS, VACUUM CLEANER BAGS, BATTERIES, BULBS, DRUMS, SEWING MACHINE NEEDLES, KNOBS, ANY BELTS, DRIVE BELTS OR OTHER OPERATING SUPPLIES;
• UNAUTHORIZED TRANSPORTATION CHARGES IF SERVICE IS SPECIFIED ON YOUR SALES RECEIPT AS CARRY IN;
• PRODUCT(S) WITH REMOVED OR ALTERED SERIAL NUMBERS;
• REPAIRS RECOMMENDED BY A REPAIR FACILITY NOT NECESSITATED BY MECHANICAL OR ELECTRICAL BREAKDOWN;
• ANY REPAIR THAT IS A RESULT OF IN-WARRANTY PARTS NOT PROVIDED OR SHIPPED BY THE MANUFACTURER;
• DAMAGE OR EQUIPMENT FAILURE WHICH IS COVERED BY MANUFACTURER’S WARRANTY, MANUFACTURER’S RECALL, OR FACTORY BULLETINS (REGARDLESS OF WHETHER OR NOT THE MANUFACTURER IS DOING BUSINESS AS AN ONGOING ENTERPRISE);
• CLEANING, PREVENTIVE MAINTENANCE OR CUSTOMER EDUCATION;
• SYSTEMS OR COMPONENT(S) THAT ARE COVERED BY A MANUFACTURER’S WARRANTY, INSURANCE OR ANOTHER SERVICE CONTRACT;
• CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AT THE REPAIR CENTER OR OTHERWISE AWAITING PARTS;
• SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE EQUIPMENT OR REPAIRS MADE BY ANYONE OTHER THAN THE AUTHORIZED SERVICE PROVIDER, ITS AGENTS, DISTRIBUTORS, CONTRACTORS OR LICENSEES OR THE USE OF SUPPLIES OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER;
• ANY AND ALL REMOTE CONTROLS;
• REPLACEMENT OF REFRIGERANT OR FLUIDS UNLESS THE LOSS IS CAUSED BY A COVERED FAILURE;
• ANY COVERED PRODUCT USED FOR ANY PURPOSE OTHER THAN SINGLE FAMILY HOUSEHOLD PURPOSES;
• CHARGES RELATED TO “NO PROBLEM FOUND” DIAGNOSIS. NON-FAILURE PROBLEMS, INCLUDING BUT NOT LIMITED TO, ITEMS NOT COVERED, NOISES, SQUEAKS, ETC. INTERMITTENT ISSUES ARE NOT PRODUCT FAILURES. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING OUT OF THE UNAUTHORIZED ACCESS OR USE OF ANY SYSTEM, SOFTWARE, HARDWARE, OR FIRMWARE, OR ANY MODIFICATION, REPROGRAMMING, DESTRUCTION, OR DELETION OF DATA OR SOFTWARE BY ANY MEANS.

CUSTOM INSTALLATIONS

Products installed in cabinetry and other types of built-in applications are eligible for service as long as You make the product accessible to the service technician. WE ARE NOT RESPONSIBLE FOR THE DISMANTLING OR REINSTALLATION OF FIXED INFRASTRUCTURE WHEN REMOVING OR RETURNING REPAIRED OR REPLACED PRODUCT INTO A CUSTOM INSTALLATION.

SAFETY

In the event that Our authorized service center determines that it cannot service Your Product(s) due to poor accessibility, unsafe working conditions, an adult over the age of 18 is not present, or that it cannot restore Your Product(s) to safe working conditions due to reasons beyond the scope of this Service Contract, such as (but not limited to) code violations, improper storage, installation, use or movement of the Product(s), including the failure to place the Product(s) in an area that complies with the manufacturer’s published space or environmental requirements, Our authorized service center shall not be required to proceed with the covered repair until You remedy the applicable hazard at Your cost. You will also be responsible for the full cost of the original service call.

NO-LEMON GUARANTEE

If Your Product has three service repairs completed, which repairs are covered by this Service Contract, and a fourth such repair is required, as determined by Us, within any twelve (12) month period, Your Product will be replaced with a comparable product of equal or similar features and functionality. The cost of the replacement shall not exceed the original purchase price of Your Product and may be less due to technological advances. Upon replacement of Your Product, We will have no further obligation to repair or replace Your Product, and You will not be entitled to make any further claims for its repair or replacement.

NON-TRANSFERABLE

This Service Contract is non-transferable and may not be assigned or transferred to any other person.

NON-CANCELLABLE

This Service Contract cannot be canceled or returned, and no refunds will be provided once purchased. All sales of this Service Contract are final.

PRE-EXISTING CONDITIONS

This Service Contract does not cover any pre-existing conditions that occurred prior to the effective date of this Service Contract, including any inherent product flaws known to you or that should reasonably have been known to you.

ARBITRATION

Any dispute or claim relating in any way to Your purchase or use of this Service Contract will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Contract.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms and Conditions of this Service Contract as a court would.

To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Administrator at Green Wire Appliance Repair LLC, 4141 Jutland Drive, Suite 305, San Diego, CA 92117, Attn: Legal Dept. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

ENTIRE CONTRACT

This Service Contract sets forth the entire contract between the parties and no representation, promise, or condition not contained herein shall modify these terms unless amended by State Specific Disclosures.

SPECIAL STATE DISCLOSURES

Regulation of service plans may vary widely from state to state. Any provision within this service contract plan (“Service Contract”) which conflicts with the laws of the state where You live shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state-specific requirements apply if Your Service Contract was purchased in one of the following states and supersede any other provision within Your Service Contract terms and conditions to the contrary.