Terms of Service and Use
Please read carefully. These Terms of Use (“Terms”) set forth important details about your relationship with A and A Quality Appliance, Inc. and its affiliated entities and subsidiaries (collectively, “us,” “our,” and/or “we”), including the rights you grant to us, restrictions on how you can use the website or mobile application (https://www.appliancefactory.com/or “Site”), and our agreement to resolve disputes via binding arbitration without resort to class action litigation.
All visitors to and users of any aspects of the Site (collectively, “Users”) are bound by these Terms. By viewing, signing in, or registering to use the Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Site.
Note that we offer a wide range of products and services, and sometimes additional terms and conditions may apply, in which case you will be notified of such additional terms and conditions.
Definitions
Site
The word “Site” refers to https://www.appliancefactory.com/ and all content, services, and functionality available through it.
Users
The word “User” refers to any visitors to and users of any aspects of the Site.
Marks
The word “Marks” include by are not limited to all of our trademarks, service marks, and trade names that appear on the Site.
Content
The word “Content” included on the Site includes but are not limited to images, illustrations, designs, icons, photographs, prices, products, video clips and written and other materials. We strive to make sure the Content on the Site is accurate and timely; however, errors may occur and you may not rely on the Content on the Site to be accurate or timely.
1. Eligibility
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.
Additionally, we reserve the right to deny access or use of the Site and the products and services offered on it to anyone at any time in our sole and absolute discretion.
2. Electronic Communications
When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
3. Use of This Site
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. As a condition of your use of this Site, you represent and warrant to A and A Quality Appliance, Inc. that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices, including without limitation:
- Misrepresenting the identity of a user, impersonating any person or entity, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with this Site, or expressing or implying that we endorse any statement you make.
- Using this Site in any manner that constitutes fraud or any other violation of any applicable law, statute, ordinance or regulation (collectively, “Laws”).
- Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Acting as a reseller, which is defined as a user which purchases products with the intention of selling them rather than using them. Reseller activities include, but are not limited to: (i) purchasing products for the purpose of reselling those products through other channels to downstream customers; (ii) placing orders on behalf of other persons for commercial purposes; and/or (iii) extracting, scraping, mining, copying or otherwise gathering information from this Site in connection with your sale or another party’s sale of products (whether purchased from us or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction project performed for another person does not constitute a reseller activity. We reserve the right to prohibit purchases of products to resellers and/or to reject a tax-exempt application from resellers.
If you do not agree and accept without modification this Agreement, do not use this Site. Other than this Agreement and agreements between you and A and A Quality Appliance, Inc. relating to the sale of products or services to you through this Site, A and A Quality Appliance, Inc. will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
4. Changes to the Site
You agree and understand that these Terms of Use and the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms. 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, photographs, graphics, video, messages or other materials uploaded or made available via the Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the Site.
5. Release of User Materials
Any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials you upload, transmit or make available via https://bapp5-staging.avbmarketing.com/ or any of our social media (collectively, “materials”), whether you own the materials or you transmit the materials on behalf of any User shall become our sole property and you, for yourself or any User, release us from any liability, obligation, fees, and/or loyalty to such material and you specifically consent to us using the materials for our commercial use without fees, payments or loyalty.
6. Copyright, Use License and Trademarks
This Site and the materials within it are © 2014 – 2026 by and for us for our exclusive benefit. Viewing or using this Site creates a copy of our materials in your device's random access memory and/or in your hard drive and/or in your proxy server. All Rights Reserved. The words Appliance Factory Mattress Kingdom, Appliance Factory Outlet, and their design marks is a registered trademark of A and A Quality Appliance, Inc.
We grant you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the terms and conditions and notices in these terms of use (collectively, this “Agreement”). You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
The trademarks, service marks, designs and logos (collectively, the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of A and A Quality Appliance, Inc. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner. A and A Quality Appliance, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. A and A Quality Appliance, Inc.’s name, logo, or other “Appliance Factory Mattress Kingdom” and/or “Appliance Factory Outlet” formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from A and A Quality Appliance, Inc. A and A Quality Appliance, Inc. prohibits use of our logo as part of a link to or from any external website unless the establishment of such a link is approved in advance by A and A Quality Appliance, Inc. in writing. Fair use of A and A Quality Appliance, Inc.’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
7. Privacy
We believe strongly in the protection of the privacy of Users and our customers. We follow applicable privacy laws.
8. Registration
In order to access some features of the Site, you may be required to register, signup, or create an account. If you register, signup, or create an account, you agree to provide us with accurate and complete information, and to inform us immediately of any updates or other changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a user account in our discretion.
9. Security
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your user account and password, whether or not you authorize such activities. Any user account and password for your access to the Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your user account or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
10. Product Orders
a. General. By placing an order on the Site, the website of our affiliates, and/or at any of our physical stores, you agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. By placing an order, you represent that you have complied with this Agreement and the products ordered will be used in a lawful manner. If we believe that your conduct or purchasing activity violates Laws or this Agreement, we reserve the right, in our sole discretion, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on honoring any promotional coupon, coupon code, promotional code, or similar promotion or discount (collectively, a “Coupon”); (iii) bar any user from making or completing any or all transaction(s); (iv) refuse to provide any user with any product or service; and/or (iv) terminate or suspend your account.
b. Availability. While we will use our best efforts to fulfill all orders, A and A Quality Appliance, Inc cannot guarantee the availability of any particular product displayed on this Site, the websites of our affiliates, and/or at any of our physical stores, you. A and A Quality Appliance, Inc. reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
c. Quantities. We reserve the right to limit quantities on orders placed: (i) by the same person or entity (including by third parties acting under the control or direction of a person or entity, or by automated processes controlled or directed by a person or entity); or (ii) using the same account, method of payment, or billing and/or shipping address. We will notify you if such limits are applied.
d. Prices and Errors. Product prices offered on this Site, the website of our affiliates, and/or at any of our physical stores may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. A and A Quality Appliance, Inc. reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted), and cancel outstanding orders. For more information about purchasing products from A and A Quality Appliance, Inc., please email us at Info@appliancefactory.com or call us at 303-336-1599. We may also provide AI powered features to provide a better online shopping experience for our customers. We aim to have these features be as accurate as possible; however, always read labels, warnings, and directions and other information provided with a product before using a product. For additional information about our products or services, please review the manufacturer’s documentation or contact A and A Quality Appliance, Inc. customer service.
e. Coupons and Promotions. Coupons and/or Promotions issued by A and A Quality Appliance, Inc.: (i) may not be combined with other Coupons or Promotions or used on prior purchases; (ii) are void if sold or transferred; and (iii) may not be applied to merchandise on sale or clearance, special order items, tool rental fees, labor items, gift cards, services (including freight and delivery), or, in some cases, major appliances or commodity products (including appliance and mattress accessories). Additional terms apply - see Coupons or individual Promotions for complete details.
11. NO WARRANTIES; EXCLUSION OF LIABILITY
A AND A QUALITY APPLIANCE, INC: (I) MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE AND SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED; (II) SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (III) DOES NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR DEVICE OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER A AND A QUALITY APPLIANCE, INC, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES). SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The above exclusions of liability are not applicable to residents of in states that prohibit this exclusion of warranties. With respect to residents in states that prohibit this exclusion of warranties, we shall not be liable for any damages resulting from the use of this Site or the materials in this Site unless such damages are the result of our negligent or reckless acts or omission.
12. Third Party Websites
This Site may contain links to external websites owned or operated by parties other than A and A Quality Appliance, Inc. Such links are provided for your reference only. A and A Quality Appliance, Inc. does not control those websites and is not responsible for their content. A and A Quality Appliance, Inc.’s inclusion of links to those websites does not imply any endorsement of the material on those websites or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does A and A Quality Appliance, Inc.’s inclusion of the links imply that A and A Quality Appliance, Inc. is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked website.
13. Third Party Advertisements and Links to Third Party Sites
We may display advertisements from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein.
14. Disclaimer of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL WE, AND OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US.
15. Dispute Resolution
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and us agree that any dispute arising out of or in any way related to these Terms or your use of the Site or any merchandise will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or merchandise, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the paragraph directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and us will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, a party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the amount awarded by the arbitrator, if any.
If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Denver, Colorado, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
By visiting the Site, you agree that the laws of the Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
16. Contact Us
If you have any questions about these Terms, please contact us by email at, Info@appliancefactory.com; or phone at 303-336-1599; or by mail at:
Appliance Factory
Attn: Marketing
321 W. 84th Ave., Suite A
Thornton, CO 80260