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Terms of Use

Last Updated: January 15, 2025

Please read carefully. These Terms of Use (“Terms”) set forth important details about your relationship with us, including the rights you grant to us, restrictions on how you can use the website or mobile application (https://www.westernslopeappliance.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 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

“Site” refers to https://www.westernslopeappliance.com/ and all content, services, and functionality available through it.

Users

All visitors to and users of any aspects of https://www.westernslopeappliance.com/

User Content

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 https://www.westernslopeappliance.com/ by or on behalf of any User

Marks

All trademarks, service marks, and trade names that appear on https://www.westernslopeappliance.com/

Company Content

Content included on https://www.westernslopeappliance.com/, including images, illustrations, designs, icons, photographs, video clips and written and other materials

Terms and Conditions

These Terms and Conditions (the “Terms”) govern the sale and purchase of goods and services from Go West, LLC, dba Western Slope Appliance (the “Company,” “we” or “us”). By ordering or purchasing appliances, other goods or services from us, you agree to these Terms and authorize your credit card company to abide by these Terms. IT IS YOUR RESPONSIBILITY TO READ AND ENSURE YOU UNDERSTAND THESE TERMS PRIOR TO PURCHASING GOODS OR ALLOWING US TO PERFORM THE SERVICES.

1. Return Policy.

If you desire to return an appliance or other product purchased from us, you must first call or email us at the phone number or email address found on your receipt. Policies and procedures for obtaining a return authorization vary based on the reason for return in accordance with the following:

  • Defective Products. Most of our appliances and other products include a one-year parts and labor warranty from the manufacturer. See Section 4 below and your product literature for details. If your appliance or other product is defective upon arrival, notify us of the problem within 48 hours of receipt. If you notice the defect after 48 hours of receipt, please contact the product’s manufacturer directly. Contact information for the manufacturer is included in the product literature. NOTE: Most manufacturers require one service call to diagnose the problem.
  • Damaged Products. All of our shipments are 100% insured. Product(s) damaged during shipping are eligible for exchange at no charge to you. Product(s) will be delivered by one of our delivery teams for all local deliveries. Please call us for information on our local delivery area. Upon delivery, you must inspect your product for damage. If the product is damaged, you have the right to refuse the delivery. We will contact you to schedule another delivery. Freight delivery policy varies. For more information, you can call or email us at the phone number or email address found on your receipt.
  • The Product Does Not Meet Your Needs. If you are not satisfied with your purchase, you will need to contact us regarding any cancellation or return. Delivered products that have been used are not returnable. Any returned products must be free of any cosmetic damage. Products that do not meet these requirements are not eligible for return and if we, in our sole discretion, permit a return, it will incur an up to 25% restocking fee. Any product that has been installed or attempted to be installed cannot be returned. Shipping and handling charges from our warehouse are non-refundable. Customers are responsible for shipping charges incurred when returning a product. Special order merchandise is subject to an up to 25% restocking fee in addition to any other amounts owed — even if not yet delivered — and will not be eligible for return if delivered and out of the box.

2. Shipping Policy/Delivery Policy.

Please be assured that your goods will promptly ship out after the date of purchase. If a special order is placed, please anticipate a longer delivery time. You will be notified once the item has been received in our warehouse. We cannot ship to P.O. boxes. If you are trying to estimate when a package will be delivered, please note the following: Credit card authorization and verification must be received prior to processing and shipping. Shipping and handling costs will be determined at the time of purchase or shipment.

3. Installation Services.

  • Your Responsibilities. In the event you engage us to provide appliance installation and related services (“Installation Services”), the Installation Services will be limited to installing the appliance you purchased from us (the “Appliance”). In order for us to perform the Installation Services, the installation area must be easily accessible and must not require us to perform special services. We are not responsible for moving or modifying any fixtures or personal property including, without limitation, any cabinets, flooring, counters, doors, doorways, or other appliances. We also are not responsible for inspecting, installing, modifying or repairing any plumbing, electrical, gas, ventilation, drainage, HVAC or other systems or components. You are responsible for ensuring that all such systems and the installation of the Appliance are in compliance with applicable laws, regulations and building codes, and are sufficient to allow for the use of the Appliance.
  • Risks; Waiver of Damages. You understand that there is inherent risk in moving, installing, replacing and removing appliances. This includes, without limitation, damage to flooring, cabinets, countertops and other fixtures and personal property. Depending on the surface of your driveway and the location of nearby trees, vegetation, power lines and other similar items, there also exists a risk of damage to such property and items. You are responsible for ensuring that we have access to your property and that such access is sufficient for our delivery vehicles. In addition, depending on the type of appliance we are installing, the following risks may apply:
    • Water. When water or a plumbing system is involved, risks include, without limitation, failures of components and materials used in the system, imperfect or old connections or pipes, outdated compliance with plumbing codes and regulations, and other issues. These can lead to leakage up to and including flooding.
    • Cooling and Refrigeration. Refrigerators, freezers and other appliances used for cooling or refrigeration contain many components and can fail for a variety of reasons, many of which are difficult to detect. Even appliances that are properly maintained and installed can malfunction or fail, which can lead to food spoilage and loss, inconvenience, loss of revenue and other negative effects.
    • Gas. When an appliance (including, without limitation, ranges, gas dryers and cooktops) requires gas to operate, a failure or malfunction can lead to fire, explosion, emission of pollutants, asphyxiation, carbon monoxide poisoning, and other serious risks. Failures and malfunctions can be caused by failures of components and materials used in the appliance or gas system, imperfect or old connections or lines, outdated compliance with codes and regulations, and other issues.
    • Additional Risks. In addition to the foregoing risks, your installer may identify additional risks associated with the Installation Services. We encourage you to ask questions of the installer regarding such risks prior to installation. The foregoing, together with any risks identified by your installer, is not intended to be a complete list of all risks.

By allowing us to perform the Installation Services, you acknowledge that you understand and accept all the foregoing risks described in this Section 3. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY CLAIM YOU MAY HAVE AGAINST US AND ANYONE ACTING ON OUR BEHALF RELATED TO ANY SUCH RISK AND ANY DAMAGES INCURRED AS A RESULT THEREOF. You also agree to release and hold us and those acting on our behalf harmless for all damages, losses, claims and other liabilities associated with or resulting from such risks except to the extent due to our gross negligence or willful misconduct.

4. Warranty; Remedies; Disclaimer of Warranties.

To the extent permitted by the applicable manufacturer, the Company assigns and passes through to you the manufacturer's warranties on all appliances and other goods sold to you by us. The Company has no other obligation with respect to a defect in any appliance or other goods. The Company represents and warrants to you that it shall perform all services (including the Installation Services) using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. In the event of a breach of such warranty on services, we will, in our sole discretion, either (a) repair or re-perform such services (or the defective portion); or (b) credit or refund the price of such services or portion thereof. SUCH REMEDIES SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY. EXCEPT FOR THIS WARRANTY, WE MAKE NO (AND HEREBY DISCLAIM ANY) WARRANTY WITH RESPECT TO THE APPLIANCES, GOODS AND SERVICES SOLD OR PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

5. Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, (A) THE COMPANY SHALL HAVE NO LIABILITY FOR ANY TYPE OF SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR PENAL DAMAGES, WHETHER DAMAGES ARISE OUT OF OR ARE AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL THE COMPANY TOTAL LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE APPLIANCES, GOODS OR SERVICES GIVING RISE TO THE CLAIM.

6. Miscellaneous.

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts to be performed solely within such state. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. In the event any suit or other action is commenced to construe or enforce any provision of these Terms, the prevailing party shall be awarded reasonable attorneys' fees and court costs, in addition to all other relief to which such party shall be entitled. These Terms may not be amended or supplemented except by written instrument signed by you and us. No waiver of any default or breach of any agreement or provision herein contained shall be deemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained. If any provision or portion of a provision of these Terms is declared void and/or unenforceable, such provision or portion shall be deemed severed from these Terms, which shall otherwise remain in full force and effect. The terms “goods” and “products” are used interchangeably in these Terms and should not be considered to have different meanings. Notwithstanding any other provision herein, we reserve the right to cancel orders at any time.

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.

Privacy

We believe strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy , which we encourage you to review.

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.

Changes to the Site

You agree and understand that these Term 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.

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.

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.

Copyright

Images of people, places and/or products posted on the Site are either the property of us or our licensors. Unless otherwise noted, all content included on the Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “Company Content”) is the property of us or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of the Site is the exclusive property of us and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on the Site only with our prior written and express authorization.

Trademarks

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on the Site are proprietary to us, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of us, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

Use of the Site

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:

  • attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
  • frame or link to the Site without permission;
  • use data mining, robots, or other data gathering devices on or through the Site;
  • post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  • disclose personal information about another person or harass, abuse, or post objectionable material;
  • sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
  • post advertising or marketing links or content, except as specifically allowed by these Terms;
  • use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to us or others; or
  • access the Site from a jurisdiction where it is illegal or unauthorized.

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.

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.

Dispute Resolution

For Individuals Residing in Canada

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of and your purchase of products and/or services through the Site. Any infraction of the Terms shall be governed by the laws of Ontario and the laws of Canada without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and us each agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario, Canada.

For Individuals Residing in the United States

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 California, 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 Delaware, 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.

Contact Us

If you have any questions about these Terms, please contact us.