Terms of Use

By using this website or app, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this website or app. All of your information is kept strictly confidential, in accordance with our Privacy Policy.

Home Wizard, Recall PLUS, Applica Solutions, or Boston Digital LLC (collectively "Home Wizard") may revise and update these Terms of Use at any time. Your continued usage of the Home Wizard website or app ("Home Wizard App," or the "App,") will mean you accept those changes.

THE APP DOES NOT PROVIDE MAINTENANCE ADVICE.

The contents of the Home Wizard App, such as text, graphics, images, information obtained from Home Wizard's licensors, and other material ontained on the Home Wizard App ("Content") are for informational purposes only. The content is not intended to be a substitute for professional maintenance advice, diagnosis, or repairs. Always seek the advice of a trained maintenance professional or other repair technician with any questions you may have regarding a maintenance or equipment condition. Never disregard professional maintenance advice or delay in seeking it because of something you have read on the Home Wizard App!

If you think you may have a maintenance emergency, call a trained professional immediately. Home Wizard does not recommend or endorse any specific tests, technicians, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by Home Wizard, Home Wizard employees, others appearing on the App at the invitation of Home Wizard, or other visitors to the App is solely at your own risk.

USE OF CONTENT.

Home Wizard authorizes you to view or download a single copy of the material on the Home Wizard App solely for your personal, non-commercial use if you include the following copyright notice: "Copyright (c) Applica Solutions. All rights reserved." along with other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Home Wizard App will apply by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Home Wizard or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Home Wizard. All rights not expressly granted herein are reserved to Home Wizard and its licensors.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF Home Wizard AND ITS LICENSORS.

The use of the Home Wizard App and the Content is at your own risk.

When using the Home Wizard App, information will be transmitted over a medium that may be beyond the control and jurisdiction of Home Wizard and its suppliers. Accordingly, Home Wizard assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Home Wizard App.

The Home Wizard App and the content are provided on an "as is" basis. Home Wizard, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Home Wizard, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Home Wizard App or Home Wizard.

The satisfaction of any government regulations requiring disclosure of information on maintenance certifications or the approval or compliance of any software tools with regard to the Content contained on the Home Wizard App.

In no event shall Home Wizard, its licensors, its suppliers, or any third parties mentioned on the Home Wizard App be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Home Wizard App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Home Wizard is advised of the possibility of such damages. Home Wizard shall be liable only to the extent of actual damages incurred by you, not to exceed US $10. Home Wizard is not liable for any personal injury, including death, caused by your use or misuse of the App, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the App or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of and are limited to those expressly provided for in these Terms of Use.

USER SUBMISSIONS.

If you make any such submission you agree that you will not send or transmit to Home Wizard by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Home Wizard by email, you agree such submission is non-confidential for all purposes.

If you submit any business information, idea, concept or invention to Home Wizard by email, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted--Home Wizard a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Home Wizard may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Home Wizard by email. We try to answer every email in a timely manner, but are not always able to do so.

PASSWORDS

Home Wizard has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Home Wizard passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Home Wizard account and password; (3) promptly inform Home Wizard of any need to deactivate a password. You grant Home Wizard and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. Home Wizard cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Home Wizard tools and services.

ADVERTISEMENTS, SEARCHES, AND LINKS TO WEBSITES.

Home Wizard may provide links to third-party websites. Home Wizard also may select certain sites as priority responses to search terms you enter and Home Wizard may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Home Wizard does not recommend and does not endorse the content on any third-party websites. Home Wizard is not responsible for the content of linked third-party sites, sites framed within the Home Wizard App, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Home Wizard does not endorse any product advertised on the Home Wizard App.

INDEMNITY.

You agree to defend, indemnify, and hold Home Wizard, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

GENERAL.

Home Wizard is based in Massachusetts, in the United States of America. Home Wizard makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Home Wizard App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with Home Wizard, or in any way relating to your use of the Home Wizard App, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving Home Wizard or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the Home Wizard App, these Terms of Use and the Home Wizard Privacy Statement constitute the entire agreement between you and Home Wizard with respect to the use of the Home Wizard App, and Content.

Thank you for your cooperation. We hope you find the Home Wizard App helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to admin@home-wizard.com, or via U.S. mail to Applica Solutions, 171 Locke Drive, Marlborough, MA 01752.