Updated December 19, 2024

Agreement to Terms of Use

These Terms and Conditions of Use (“Terms of Use”) form a legal agreement between you and Masterfix Appliance, Inc. (“Masterfix”) and govern your use of the website pages from carnegieappliance.com (the “Sites”) and related services (“Services”). By using the Services, you confirm that you have read, understood, and agree to these Terms of Use, including the BINDING ARBITRATION AND CLASS ACTION WAIVER. If you do not agree, do not use the Services.

Masterfix may update these Terms of Use at any time. It is your responsibility to review them periodically. Continued use of the Services after changes are made means you accept the updated Terms of Use.

The Services

The Services are a technology platform that connects users seeking appliance repair or installation services with independent third-party professionals. You must be at least 18 years old to use the Services; if you are under 18, you are not allowed to use them.

You understand and agree that Masterfix’s role is limited to helping you request and schedule services with third-party professionals. Masterfix is not responsible for the quality, safety, or logistics of the services provided by these professionals, except as outlined in these Terms of Use.

Masterfix does not guarantee the suitability or reliability of third-party professionals. It is your responsibility to evaluate whether they meet your needs. Masterfix will not get involved in disputes between you and a third-party professional. By using the Services, you accept the risk of encountering potentially unsafe, offensive, or otherwise objectionable situations involving third-party professionals. Masterfix is not liable for any issues arising from your interactions or transactions with third-party professionals.

Use of the Services

By using the Services, you agree to pay for services provided by third-party professionals (“Charges”). After the services are completed, Masterfix will process your payment on behalf of the third-party professional using your preferred payment method and send you a receipt via email or text message. Payments are final and non-refundable unless Masterfix decides otherwise. You can request lower Charges directly from the third-party professional at the time of service, but Masterfix will only adjust the Charges at the professional’s request.

You acknowledge that repairs or technical assistance provided by third-party professionals may void manufacturer warranties on your appliance, and Masterfix assumes no liability for this or any resulting issues. Neither Masterfix nor the third-party professionals are liable for indirect or consequential damages, such as lost data, software, profits, or revenue.

Text Messages Consent

By using the Services, you agree to receive informational text (SMS) messages, including from third-party professionals, as part of normal business operations. To stop receiving these messages, you can email support@masterfixappliance.net or reply to any text with “STOP” or “UNSUBSCRIBE.” Please note that opting out of text messages may affect your use of the Services.

Privacy

Masterfix’s Privacy Policy applies to use of the Sites, and its terms are made a part of these Terms of Use by this reference. To view Masterfix’s Privacy Policy, click here. Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Masterfix Sites

The Sites may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Masterfix’s control, and Masterfix is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Masterfix does not guarantee that the sites, its content, or services will be error-free, uninterrupted, or that defects will be fixed. The sites, services, and content are provided “as-is” and “as-available.” Information on the sites may change without notice, and Masterfix cannot guarantee that files downloaded from the sites will be free from viruses or harmful elements.

Masterfix disclaims all warranties, express or implied, including those of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Masterfix is not responsible for the actions, conduct, or performance of third parties, including independent contractors, related to your use of the services.

Masterfix provides a platform to help users connect with local appliance repair experts, but all contractors are independent professionals. Masterfix does not employ, supervise, or oversee these contractors and does not guarantee the quality, safety, or outcome of any work performed. It is solely your responsibility to verify that the contractor you hire has the necessary licenses, insurance, and qualifications required to perform the work. Masterfix assumes no liability for any issues arising from work performed by independent contractors.

This disclaimer covers all damages or issues resulting from errors, interruptions, defects, delays, viruses, data loss, unauthorized access, or any other failures, regardless of the cause or legal theory involved

Limitation of liability

Masterfix is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages related to your use of the services or materials, even if we’ve been advised of potential issues. If you’re unhappy with the services, your only remedy is to stop using them. Our maximum liability to you for all claims, damages, losses, is one hundred dollars ($100), regardless of the type of claim. Some areas may not allow these limits, and if part of this limitation is unenforceable, the rest will still apply to the extent allowed by law

Indemnification

You agree to indemnify and hold Masterfix, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, partners and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Masterfix by any third party due to or arising out of or in connection with your use of the Services.

Violation of These Terms of Use

Masterfix may share information about you, including your identity, if we believe it’s necessary to investigate complaints or misuse of our Services, or to identify, contact, or take legal action against anyone causing harm to Masterfix’s rights, property, or users, including our customers. We may also disclose information to comply with laws, regulations, legal processes, or government requests. Additionally, we may share your information as allowed or required by law, such as for fraud prevention or protection efforts.

Governing Law

These Terms of Use are governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising from or relating to these Terms of Use will be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.

Dispute Resolution

If a dispute arises, we aim to provide a neutral, cost-effective resolution. Most concerns can be resolved quickly by contacting us at support@masterfixappliance.net. We will send any notices to you using the contact information you provided. The receiving party has 60 days to resolve the issue. If a resolution cannot be reached, the following describes how we will proceed regarding any dispute, controversy, or claim related to your use of our Services (“Claims”).

Arbitration Procedures Class Action Waiver

Any disputes or claims that cannot be resolved through direct communication must be settled through binding arbitration on an individual basis, rather than in court. Arbitration does not involve a judge or jury, and the ability to appeal an arbitration decision is very limited. However, the arbitrator can grant the same types of relief as a court, such as damages or injunctive relief, and must adhere to the terms of this agreement. These Terms of Use are governed by the Federal Arbitration Act and federal arbitration law.

Arbitration will be conducted by the American Arbitration Association (AAA) following its rules, including the procedures for consumer-related disputes. You can find these rules at www.adr.org or by calling 1-800-778-7879. Arbitration may take place via phone, written submissions, in person in your state, or at another location mutually agreed upon by both parties.

You and Masterfix agree that all dispute resolution will occur only on an individual basis. This means no class action lawsuits, class-wide arbitrations, or group actions of any kind are allowed. If, for any reason, a claim goes to court instead of arbitration, both parties waive their right to a jury trial. You acknowledge and accept that you are waiving the right to act as a plaintiff or class member in any class action, group arbitration, or similar consolidated action.

Miscellaneous Terms

If any provision of these Terms of Use is found to be unenforceable, it shall be severed without affecting the enforceability of the remaining provisions. These Terms of Use do not create any agency, partnership, joint venture, or employment relationship between you and Masterfix. No third party is an intended beneficiary of these Terms of Use, and no provision grants any rights or benefits to such third parties.

Our failure to enforce any provision of these Terms of Use shall not be considered a waiver of that provision or any other rights. Neither the course of conduct between the parties nor trade practices shall modify any provision of these Terms of Use. Masterfix may assign its rights and obligations under these Terms of Use to any party at any time without notice to you.

Masterfix may, at its sole discretion, terminate or suspend your access to the Services at any time, with or without cause, and without prior notice. Upon termination, your right to use the Services will cease immediately, and Masterfix may delete your account and associated data

Entire Agreement

These Terms of Use, along with any additional terms governing other products or services, constitute the entire agreement between you and Masterfix regarding the Services. They supersede all prior or contemporaneous communications, whether electronic, oral, or written. No modification to these Terms of Use will be effective unless expressly authorized by Masterfix.

Feedback and Information

Any feedback you provide at these sites shall be deemed to be non-confidential. Masterfix shall be free to use such information on an unrestricted basis.