APPLIANCE BUYLINE® DISCOUNT BUYING SERVICE TERMS AND CONDITIONS

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL ENROLLEES OF THE APPLIANCE BUYLINE DISCOUNT BUYING SERVICE (THE “SERVICE”) AND SHALL BE BINDING ON ALL ENROLLEES UPON COMPLETION OF ENROLLMENT IN THE SERVICE.

THE SERVICE

The Service is offered by Cinch Home Services, Inc. as an additional benefit to enrollees in certain of its and its affiliates and subsidiaries’ home products (collectively Cinch Home Services).  Through the Service, enrollees are given direct access to third-party merchants’ (“Participating Merchants”) websites through which enrollees can purchase appliances at discounted prices compared with the manufacturer and/or Participating Merchant’s suggested retail prices.  All products offered to enrollees in the Service are determined solely and exclusively by the Participating Merchants, and all prices and discounts advertised on the Participating Merchants’ websites for the products offered are determined solely and exclusively by the Participating Merchants.  All purchases made by enrollees through the Service are made directly between the enrollee and the Participating Merchant and must be approved by the Participating Merchant.  All terms and costs of delivery and/or installation of any product(s) purchased through the Service are determined solely and exclusively by the Participating Merchant and the enrollee.  The Service shall not participate in the selection, purchase, payment, delivery, or installation of any product by any enrollee from any Participating Merchant.  The Service reserves the sole and exclusive right to determine which merchants may participate in the Service.

ENROLLMENT

To enroll in the Service, complete the enrollment process via your Cinch Home Services My Account or telephone call to Cinch Home Services.  Once enrolled, you will be provided with the necessary information to access Participating Merchants’ websites, including any required authorization codes necessary to access the websites. Depending on the Participating Merchant, you may also be required to register with the Participating Merchant before accessing the merchant’s website and/or purchasing any products. All enrollees in the Service who access and/or register with a Participating Merchant’s website are subject to all terms and conditions established by that Participating Merchant in addition to the Terms and Conditions set forth herein.

MERCHANDISE ORDERS

a.  When you order a product from a Participating Merchant, the purchase is completed solely and exclusively between you and the Participating Merchant. Neither the Service nor Cinch Homes Services is the merchant, vendor, supplier, or manufacturer of any product.  Neither the Service nor Cinch Home Services maintain inventory for any products or take title to the product. In addition to the terms and conditions set forth herein, all orders placed with a Participating Merchant are subject to the terms and conditions of the Participating Merchant with which the order is placed as well as any terms and conditions imposed by the manufacturer.
 
b.  All purchases made through the Service must be completed with a credit card unless otherwise permitted by the Participating Merchant.  You must check with each Participating Merchant to determine which credit cards they accept.

CANCELLATION AND RETURN POLICY ON MERCHANDISE ORDERS

a.  All cancelations of any orders placed with a Participating Merchant are subject to and must comply with the terms, conditions and policies of the Participating Merchant with which the order was made.  You must contact the Participating Merchant directly to effectuate any cancellation.
 
b.  All returns of items purchased through the Service from a Participating Merchant and delivered to you are subject to and must comply with the terms, conditions and policies of the Participating Merchant from whom the product was purchased.  You must contact the Participating Merchant directly to effectuate any return.

AVAILABILITY OF MERCHANDISE

The Service and Cinch Home Services do not guarantee the availability of any product.  The availability of any product is determined solely and exclusively by the Participating Merchants.

WHO MAY USE

You and immediate members of your family living in your household may use the Service for the purpose of purchasing home appliances for your and your immediate family’s personal use.  You may not use the Service to purchase appliances for the purpose of reselling them.  You may not disclose any information you learn from accessing any Participating Merchant’s website to any person or entity except as necessary to fulfill the buy-sell relationship between you and the Participating Merchant.  You may not give any other person access to any Participating Merchant’s website or purchase appliances through the Service on behalf of anyone other than yourself or your immediate family members living in your household. You agree to notify the Service if you become aware of any unauthorized use of the Service.  Any violation of these limitations may result in the immediate termination of your enrollment in the Service and/or termination of your right to access Participating Merchants’ websites.

LIMITS OF LIABILITY

a.  THE SERVICE, CINCH HOME SERVICES, AND EACH OF THEIR  PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM AND ASSUME NO LIABILITY AS A SELLER OF ANY PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS, INCLUDING WITH RESPECT TO ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY SUCH DEFECTIVE PRODUCTS, DELAY IN DELIVERY OF PRODUCTS FOR ANY REASON WHATSOEVER, DELIVERY OF THE WRONG PRODUCT, NEGLIGENCE IN CONNECTION WITH THE DELIVERY AND/OR INSTALLATION OF A PRODUCT, AND NEGLIGENCE OF A PARTICIPATING MERCHANT, AND YOU AGREE TO WAIVE ANY AND ALL SUCH CLAIMS AS AGAINST THE SERVICE, Cinch Home Services AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES.
 
b.  THE SERVICE, Cinch Home Services AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES FURTHER EXPRESSLY DISCLAIM AND ASSUME NO LIABILITY FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND YOU AGREE TO WAIVE ANY AND ALL CLAIMS FOR SUCH DAMAGES.  THE SERVICE, Cinch Home Services AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE SERVICE.
 
c.  THE SERVICE, Cinch Home Services AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN ANY WEBSITE, PUBLICATION OR GUIDE PRODUCED AND PROVIDED TO YOU BY THE SERVICE, Cinch Home Services OR THEIR PARENTS, SUBSIDIARIES OR AFFILIATES OR FOR ANY ERRORS OR OMISSIONS CONTAINED IN ANY PARTICIPATING MERCHANT’S WEBSITE, PUBLICATIONS OR GUIDES.  INFORMATION IN ANY SUCH PUBLICATIONS, GUIDES AND/OR WEBSITES REGARDING PRODUCT MANUFACTURERS, MODEL NUMBERS, PRICES, ACCESS NUMBERS AND PROCEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

WARRANTY DISCLAIMER

TO THE EXTENT PERMITTED BY LAW, THE SERVICE, Cinch Home Services AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD BY ANY PARTICIPATING MERCHANT, INCLUDING ANY WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING BY CUSTOM OR TRADE USAGE. 
 
YOU ARE ENTITLED ONLY TO THE MANUFACTURER AND/OR PARTICIPATING MERCHANT’S PRODUCT AND SERVICE WARRANTIES SET FORTH IN THE DOCUMENTATION AND INFORMATION PROVIDED BY THE MANUFACTURER AND/OR PARTICIPATING MERCHANT.  THESE WARRANTIES SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN EQUITY OR AT LAW FOR DEFECTIVE PRODUCTS OR SERVICES.

CHANGES IN TERMS AND CONDITIONS

The Service reserves the right to change the terms and conditions of this Agreement at any time.  Benefits may vary from those stated here, and are subject to change without prior notice.

GOVERNING LAW

These Terms and Conditions, and the rights and obligations stated hereunder, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of laws provisions.

DISPUTE RESOLUTION

ARBITRATION: All complaints, disputes, controversies or claims of any sort, arising out of or in any way relating to this Agreement, the breach of this Agreement, or the services, products or offerings provided pursuant to this Agreement, whether based in contract, tort, regulation, or any other legal or equitable theory (collectively “Disputes”), shall be resolved exclusively by individual (not class-wide nor collective) final and binding arbitration rather than a court, judge or jury. Arbitration shall be conducted online by Arbitration Resolution Services, Inc. (“ARS”) and you and we agree to be bound by the applicable rules of ARS (the “Arbitration Rules”), which can be found at arbresolutions.com. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to decide all Disputes and all questions related to the interpretation, applicability, enforceability or formation of this Dispute Resolution Contract. This Dispute Resolution Contract involves and concerns interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any other inconsistent law, ordinance or judicial rule. This Dispute Resolution Contract is self-executing. Any disputes concerning the scope, interpretation or enforceability of this Dispute Resolution Contract, including its revocability or voidability for any cause, the scope of arbitral issues and any defense based upon waiver, estoppel or laches shall be exclusively decided by the arbitrator.  The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The party initiating arbitration is responsible for all filing fees, regardless of the applicable rules of the arbitration service with all additional arbitration fees allocated to you and us as provided in the rules of the arbitration service, subject to the arbitrator’s discretion to reallocate arbitration fees in the interests of justice. The prevailing party in any court action brought for the enforcement or interpretation of this Dispute Resolution Contract shall be entitled to receive from the losing party a reasonable sum for its attorneys’ fees and costs, in addition to any other relief to which it may be entitled.

CLASS ACTION AND JURY TRIAL WAIVER: Class Action Waiver: you hereby agree that you will only bring a Dispute in your individual capacity, and not as a plaintiff or class member in any purported class, multiple plaintiff, collective, representative or similar proceeding (each a “Class Action”). You expressly agree to not maintain any Class Action in any forum. Instead, you agree to have each Dispute decided individually through arbitration. Disputes cannot be consolidated in arbitration unless all parties jointly agree in writing; provided that if 20 or more similar arbitration demands are made against us with the assistance of the same law firm(s), organization(s), or an affiliated network thereof, then we may elect to group such arbitration demands into batches of 20 or less demands and each such batch will be resolved by a single arbitrator with one set of filing and administrative fees assessed against us.

If the Class Action Waiver is unenforceable, and not reversed on appeal, the Class Action and Jury Trial Waiver shall be void in its entirety. Solely, with respect to any permitted public injunctive relief claim, if a court determines a public injunctive relief claim may proceed despite the Class Action Waiver or Dispute Resolution Contract, and that determination is not reversed on appeal, the public injunctive relief claim will be decided by a court, any individual claims will be arbitrated pursuant to the Dispute Resolution Contract and the parties agree to stay the public injunctive relief claim until the other claims are finally concluded via arbitration.

ASSIGNMENT

You may not assign or delegate any of your rights or obligations under this Agreement without the written consent of the Service and subject to the authorization of Participating Merchants in accordance with their respective terms, conditions and policies.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire Agreement between you, the Service and Cinch Home Services with regard to the Service and any representation, promise or condition in connection therewith, whether oral or written, not incorporated herein shall not be binding upon either party, including, without limitation, any promotional, advertising and/or marketing materials provided to you by the Service or Cinch Home Services or otherwise exchanged between the parties.

Cinch Home Services, Inc. is the Servicing Company of the Appliance Buyline® Discount Buying Service. Certain restrictions and limitations apply. The Appliance Buyline® Discount Buying Service complies with all applicable laws and regulations concerning consumer goods. Products restricted by law are not available. Not available in Puerto Rico. Appliance Buyline is a registered service mark of Cinch Home Services, Inc. Boca Raton, FL 33431.

CINCH AB 09/2025