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Terms Of Sales

POLICIES AND TERMS

Stefano’s Espresso Care is governed by the policies, terms and conditions set forth below. Please read all applicable sections carefully. By using this site, you agree to all of our Policies and Terms of Use. By sending us your equipment for repair, you agree to all of our Policies and Terms. If you do not agree to these terms, you may not use this website or send us your equipment. Stefano’s Espresso Care reserves the right, at any time, to modify, alter or update these Terms of Use without notification and you agree to be bound by such modifications, alterations or updates.

Return policy

We are committed to developing long-term relationships and satisfied customers. However, we must also protect ourselves and our clientele from elevated costs due to processing inappropriate returns.

Please inspect your order immediately upon receipt. If you believe we have sent you the incorrect merchandise, we must be notified within 48 hours of receipt. In such cases, we will refund the full purchase price and original shipping or replace the merchandise  at our discretion  only if the merchandise is unused and in perfect re-sellable condition.

When returning item(s): Please be sure to package your return properly to ensure that it will arrive in good condition and be sure to record your shipment tracking number. Please note that we cannot be responsible for any return for which we cannot verify our receipt of the merchandise. We also recommend that you purchase carrier provided insurance to cover your loss in the event the merchandise is lost or damaged during shipment. In cases where we agree to reimburse a customer for return shipping charges, note that we will cover only the actual shipping charge and only up to the amount of the original shipping charge on the invoice. Please note that any return we receive in which the merchandise and/or the packaging is not in new, re-sellable condition may be denied credit. This includes any return on which the package has been written, marked or otherwise defaced. Purchase price will not be refunded until the merchandise has been received and restocked by Stefano’s Espresso Care.

Parts

The purchase of replacement parts from Stefano’s Espresso Care does not include technical assistance to use or install said parts.

Please order carefully. Inspect the merchandise as soon as possible and compare what you've received to the parts you intend to replace. We represent our stock to the best of our knowledge and ability. Note that manufacturers may make changes to parts that we are not aware of. In such cases, we will do our best to facilitate installation of the updated part. If you notice differences that may prevent you from installing the part, please notify us before installing the component. Parts that have been installed or otherwise damaged are not returnable. 

Many parts we sell are returnable or exchangeable if we receive them within 15 days of purchase. You must be issued a return authorization by our sales department before sending parts back to us and include a return authorization form with the merchandise. Customer will be refunded the purchase price minus a 20% restocking fee or $5.00, whichever is greater. There are no refunds on shipping or handling charges. Even if an item states “free shipping,” if that item is returned, all shipping and handling expenses of getting the returned item to and from the purchaser’s location will be deducted from the refund. Limited 30-day warranty on all parts.

Please note: no returns or exchanges whatsoever on electrical components or any part notated as non-returnable. There are no returns whatsoever on special orders or any parts that have been installed, used, dismantled, altered, or abused in any way. If we receive a returned part in such condition, we are under no obligation to return either the part or the purchase price. If we do return the part to the customer, it will be a the customer’s expense. Purchaser agrees that Stefano’s Espresso Care is the arbiter on any and all returns.

Equipment

We are a distributor for many brands of equipment and do not stock all of the espresso machines and grinders we sell. What this means is that in some cases we are special ordering equipment from another importer specifically for you. Therefore, returns will be authorized by our sales department on a case-by-case basis, and only if the equipment is received within 15 days of purchase. All authorized returns will be credited the purchase price minus 20% and the actual cost of shipping and handling charges to the customer even if the item was sold with “free shipping” or “shipping included” in the purchase price. The customer is also responsible for return shipping. Please understand what you are ordering and ask any questions regarding its performance, operation, and capabilities before finalizing your order. Measure your available space carefully and allow for breathing room, electrical cords, portafilter handles, cup-tray removal (for filling reservoir), etc. We do not allow returns on any used equipment. Period.

Purchaser agrees that Stefano’s Espresso Care is the final arbiter on any and all returns.

Order Cancellation

Please understand that processing your order means completing paperwork, incurring non-refundable fees on payment processing and refunds, and filing for refunds on cancelled shipping labels. Therefore, once your order has been processed, it is considered final and all “return policies” are active. You will be charged a 20% restocking fee to cover our cost of processing/cancelling your order and refunding the remaining charges. By REFUSING DELIVERY OF A SHIPMENT you agree to pay a 20% restocking fee AND a penalty fee to cover both shipping to you and return shipping to Stefano’s Espresso Care or one of its agents at our discretion.

Shipping & Shipping Damage

COVID-19 SHIPPING UPDATE 1/1/2023: UPS is still not guaranteeing expedited services, and they will not refund shipping costs if a package does not arrive in its intended transit time. Therefore, Stefano's Espresso Care will not be able to refund shipping charges for 1- 2- and 3-day packages that do not arrive within those timeframes. You may get your package on time, but please keep the above in mind when choosing to pay for faster services. USPS has never guaranteed their expected 2-day and 3-day Priority shipping times, and they have recently announced that all transit times may be increased by at least one day.

When an item states “FREE SHIPPING,” it applies TO ORDERS SHIPPED ONLY WITHIN THE CONTIGUOUS U.S and indicates that shipping is INCLUDED IN THE PURCHASE PRICE.

Although we will do our best to get your order out in a timely manner, Stefano’s Espresso Care cannot guarantee either shipping or delivery dates. Expedited shipping fees will not be refunded under any circumstances unless they are first refunded by the shipper. Customer is responsible for providing the correct address that meets each shipping company's standards. Should UPS adjust the shipper’s bill for a mistaken or incomplete address, the adjustment charge will be billed to the customer. Proof of UPS charges will be provided. When ordering PARTS online, you may choose your preferred method of shipping while placing your order. Please note that our domestic USPS Priority Mail charges include insurance and delivery confirmation but do not require a signature for delivery. Therefore, the customer agrees that a delivery confirmation is sufficient proof of delivery. Customer also agrees that Stefano’s Espresso Care is not liable for replacing goods or refunding purchase price if an insurance claim for lost goods is not honored due to USPS delivery confirmation. If a US customer chooses Priority mail, Stefano’s Espresso Care reserves the right to upgrade the shipment (at our expense) to UPS. Circumstances for doing so might include parts that are high value or difficult to replace should they be lost. If a customer does not want to be upgraded to UPS under any circumstances, this must be stated in the comments box during check out. Note that UPS requires a STREET ADDRESS. Should you provide only a Post Office box or other address which UPS cannot deliver packages to, we will send your package through the USPS.

USPS Domestic First Class: This option is available only for orders under $20 in merchandise. Although it does include tracking and delivery confirmation, it does not include insurance. Chose this option at your own risk of loss or damage. Stefano's Espresso Care will not replace or re-ship lost or damaged goods. 

UPS delivery delays on Expedited Shipping will not be refunded by UPS if the delay is weather related. If UPS does not refund shipping charges to Stefano's Espresso Care, Stefano's Espresso Care will not refund shipping charges to the customer.

UPS Next Day: Orders must arrive by 9 am PST for UPS to deliver your package to the airport on time for "Next Day" delivery on the following business day (Monday - Friday). On orders that do not arrive in time for the Next Day plane but do arrive in time for our regular pick up (+/- 12 noon PST), we will adjust the shipping to reflect the service needed to get the order to you at the soonest possible time (likely Second Day) and charge you accordingly. We will advise you if we cannot ship your package Next Day Air, but it may be too late for you to cancel the order. If you must have your products next day, we recommend you contact us prior to ordering. 

For International orders, be prepared to pay customs, brokerage and taxes per your country’s regulations. To find out more about how these fees are calculated, you’ll need to contact the customs department in your country. Stefano’s Espresso Care offers the choice of insured UPS, insured Priority Mail International, or the less-expensive, non-insured First Class Mail, but not all services are offered to all countries. This is our decision due to issues we have had with lost packages in specific geographic areas. All time-in-transit estimates for international shipping do not include customs clearance, which can cause delays depending on our country’s import policies. Should the customer choose the uninsurable USPS First Class International, they do so at their own risk and assume all losses for undelivered or damaged merchandise. For First Class Mail, please be aware that the shipment is scanned only when it is received and processed by our local post office, proving that the package was shipped. There may be no further scans and therefore no way to track the package. Shipping time varies from country to country and is determined by many factors, including customs clearance.

When ordering EQUIPMENT online, merchandise must ship to the same address as the customer's billing address and will be shipped either by courier or the USPS at the discretion of Stefano’s Espresso Care. For any order, whether in-person or online, Stefano’s Espresso Care may choose to have the parts or equipment drop-shipped to you from one of our suppliers. For international orders, Stefano’s Espresso Care is never responsible for taxes, customs, or brokerage fees. If any returned merchandise incurs taxes, customs, or brokerage fees, Stefano’s Espresso Care reserves the right to deduct said charges from the purchase price in addition to all other return fees.

Please be sure to inspect your package(s) carefully at the time of delivery. ANY box damage such as crushed corners, punctures, or any other visible damage MUST be reported to the carrier at the time of delivery and a damage note entered into the carrier’s system. Failure to do so may release Stefano’s Espresso Care from any and all liabilities. Although Stefano’s Espresso Care will usually replace damaged equipment once a courier has issued a claim number and inspected the damage, we may elect to defer replacement or reimbursement until the courier approves the claim. If you notice any concealed damage once you open the box, Stefano’s Espresso Care must be alerted within 48 hours of receipt. DO NOT USE DAMAGED MERCHANDISE as doing so may void your rights to all damage claims with both Stefano’s Espresso Care and the carrier. SAVE all shipping material including internal and external boxes, labels, invoice, peanuts, etc. as they must be inspected by a claims adjuster. If you FAIL TO DO SO you may forfeit your rights to all damage claims with both Stefano’s Espresso Care and the carrier. If possible, please photograph (digitally or otherwise) the damage to assist in the damage claim. Save your original invoice; it will be necessary to process a damage claim. If a part of your order has been damaged in transit (ie: grinder hopper, drip tray cover), Stefano’s Espresso Care reserves the right to replace only the damaged parts. In cases where a refund or replacement is due, purchaser agrees that Stefano’s Espresso Care is not obligated to process the refund or replace merchandise until insurance payment has been received from the carrier. Note that individual carriers may take anywhere from 15 days to 1 year (International) to process insurance refunds.

Purchaser agrees that Stefano’s Espresso Care is the final arbiter on any and all claims.

Defective Merchandise

Stefano’s Espresso Care must be notified of defective merchandise within 5 days of receipt. At the time of notification, Stefano’s Espresso Care will work with the customer to determine if the problem is due to improper operation or manufacturer’s defects. If the merchandise is determined by Stefano’s Espresso Care to be defective, either a replacement part will be sent to the customer, the merchandise exchanged, or equipment repair will be made at our discretion. Save your original invoice; it will be necessary to process a defective-merchandise claim. Replacement merchandise will not be sent until the defective merchandise and a copy of your original invoice has been received by Stefano’s Espresso Care. For replacements on orders shipped within the contiguous U. S., Stefano’s Espresso Care will usually assume responsibility for return shipping if, and only if, we have been notified with 5 days of receipt and the merchandise and the purchaser insures that the merchandise is available for courier pickup once a call tag has been issued. If notification happens after 5 days of receipt, and/or the purchaser is not able to facilitate courier pickup, purchaser agrees to assume financial responsibility for shipping costs to return defective merchandise. For orders shipped outside of the contiguous U. S., purchaser assumes all costs for returning defective merchandise to Stefano’s Espresso Care.

If a returned item is found not to be defective, all shipping charges to and from the customer and a 20% restocking fee will be deducted from the purchase price. If a returned item is found to have sustained damage through, misuse, negligence, lack of or improper cleaning, electrical surges, or any other damage except manufacturer’s defects covered under warranty, the customer agrees that in addition to shipping charges, the labor to repair the damage and the depreciation of the merchandise will be deducted from the purchase price.

Purchaser agrees that Stefano’s Espresso Care is the final arbiter on any and all defective merchandise claims.

Unclaimed Merchandise

Any equipment left in Stefano’s Espresso Care’s possession for more than 30 days from invoice date will be deemed abandoned unless prior arrangement has been made with and agreed to in writing by Stefano’s Espresso Care. After 30 days from invoice date, Stefano’s Espresso Care reserves the right to recover unpaid balances and storage costs on special order equipment and/or repair costs on consigned equipment by any means necessary, including sale of said equipment to a third party.

Warranties

In most cases, Stefano’s Espresso Care will assume responsibility for the warranty on the items we sell. However, in some cases we distribute merchandise for which a manufacturer or importer is responsible for the warranty. In that event, Stefano’s Espresso Care will do its best to facilitate the process of getting your defective merchandise repaired, and, if agreeable to the importer/manufacturer, provide warranty labor.

Parts and accessories are limited to a 30-day warranty. Stefano’s Espresso Care is the final arbiter on any and all warranty claims.

Unless otherwise noted, the equipment we sell are covered by a manufacturer’s, defective parts only, one-year warranty. Except in cases noted in the previous paragraph, Stefano’s Espresso Care will back up that manufacturer’s warranty with the labor to replace any defective parts covered under the manufacturer’s warranty. The customer is responsible for all shipping charges to and from our workshop. If a customer is local, he or she is responsible for delivery and pick up of the equipment.

>If a customer delivers or has delivered equipment to us for warranty repair that is deemed either to be in perfect working condition, has issues due to wear and tear through normal use, or has sustained damage though, misuse, negligence, lack of or improper cleaning, electrical surges, hard water, or any other damage except defective parts covered under warranty, the customer will be charged a minimum of one hour diagnostic labor which does not include any costs of repairing said damage.

Please note: Any warranty will be immediately voided if home/office equipment is used for commercial purposes.

Extended Warranty

At this time, Stefano’s Espresso Care does not offer extended warranty policies.

Repairs

PLEASE NOTE: Although Stefano’s Espresso Care will take responsibility for damage caused to your equipment due to our neglect while it is in our possession, we will not be responsible for collateral damage caused to your equipment that is out of our control. There are varying repair circumstances in which this might occur, including, but not limited to:

  • lack of regular maintenance that results in damaging one part to repair another (i.e. when replacing sight-glass seals, an old glass can break when it is removed; or chiseling out an old grouphead gasket that is cemented in place)
  • parts so worn that they are fragile and break during the normal course of repair
  • on old or outdated units, some replacement parts may no longer be available, rendering your unit unusable.

By sending us your equipment, you agree that Stefano’s Espresso Care is not responsible for damage or additional expense due to these or similar circumstances.

In addition, once we have partially dismantled your equipment to diagnose its problems, we cannot return it to you in "its original state" and expect it to function as it was prior to sending it to us for diagnosis and possible repair. Once a gasket is removed, it must be replaced to guarantee a leak-free junction. Depending on how much of your machine we had to dismantle to thoroughly diagnose repair costs, additional fees may be associated with reassembling it in addition to the return shipping charges. We will make you aware of potential additional costs prior to reassembling your equipment.

Should your equipment arrive "damaged in transit" your options will be:

  • You can file an insurance claim with your carrier and arrange for them to inspect the equipment. As the machine will need to remain in the condition it was received, we cannot proceed with a standard estimate prior to their inspection. We will, however, need to spend time unpacking, inspecting, photographing, repackaging, and emailing you about the damage, and you will still be charged an estimate fee to cover our time to perform such tasks. Should the carrier pick up your machine for inspection (versus inspecting it onsite), then it is your responsibility to make sure it is returned to us should you still wish to have the standard repair estimate completed. 
  • If an insurance claim is unlikely to be honored due to insufficient packaging, and your equipment is not "beyond repair," then you can choose not to file a claim and have us proceed with an estimate.
  • If you do not proceed with an estimate, or you review our estimate and decline to have the unit repaired, you can either have the equipment returned to you (shipping charges will apply) or we can dismantle and recycle it for you (disposal fees will apply).

We charge a flat $90 submission fee for home-use equipment, and a flat $180 submission fee on most commercial equipment. Submission fees must be prepaid to hold your place in our repair queue. Should you decide not to send the equipment in, the fees will be refunded in full. This fee is non-refundable once we receive your equipment.

If you ship us equipment that has been partially dismantled, and it must be reassembled for us to be able to test, diagnose and estimate repairs on your machine, then we will add additional labor to the submission fee to cover the additional time. This does not apply to our specific packaging recommendations (i.e. removing the water reservoir on the Elektra SemiAutomatica).

Stefano’s Espresso Care offers a 30-day warranty on all repair labor and parts replaced in conjunction with a repair except electrical parts which are non-returnable or exchangeable.  Every machine we repair is thoroughly tested before being returned to the customer. Post-repair issues due to shipping damages, normal wear and tear, or damage due to misuse, negligence, lack of or improper cleaning, hard water and/or electrical surges are not covered under this repair warranty. If equipment is returned to us under a claim of faulty repair and the problems are due to one of the previously mentioned clauses, the customer will be charged a minimum of one hour diagnostic labor which does not include any costs of repairing said damage. Stefano’s Espresso Care does not offer refunds whatsoever for any repair parts, repair labor or submission fees. The customer is responsible for all shipping charges to and from our workshop. If a customer is local, he or she is responsible for delivery and pick up of the equipment.

Any equipment left in Stefano’s Espresso Care’s possession for more than 30 days from invoice date will be deemed abandoned unless prior arrangement has been made with and agreed to in writing by Stefano’s Espresso Care. By consigning equipment to Stefano’s Espresso Care, repair customers authorize Stefano’s Espresso Care to recover repair and storage costs on abandoned equipment by any means necessary, including sale of said equipment to a third party. If you do not respond to emails/estimates, and/or you leave shipping-damaged equipment in our possession for more than 30 days without prior agreement, you agree that your equipment will be considered abandoned and disposed of accordingly. 

Purchaser agrees that Stefano’s Espresso Care is the final arbiter on all repair claims.

Disclaimer

Any and all information and materials contained on www.espressocare.com including text, graphics, illustrations, diagrams, photographs and links are provided on an “as-is” basis with no warranty. Stefano’s Espresso Care does not claim representations and warranties, suggested, implied or expressed, with respect to the information and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus. Also, Stefano’s Espresso Care does not represent or warrant that the information accessible at espressocare.com is accurate, complete or current. Stefano’s Espresso Care reserves the right to update any information, including prices and availability, at any time without notice of change.

The purchase of equipment and replacement parts from Stefano’s Espresso Care does not include the technical assistance to use said equipment and install said parts. Although on occasion we may offer suggestions on how to do so, it is the responsibility of the purchaser to fully investigate the proper way to use equipment and install replacement parts. Any user of this site or installer of parts and equipment purchased from this site agrees not to hold Stefano’s Espresso Care responsible for any damage to person, place, or property during installation or use of said parts and equipment.

Even for even a seasoned veteran, espresso equipment use and repair and part and/or accessory installation involves risks that may cause injury or death. For the sake of your safety and well-being please do not attempt to repair any equipment or install any part or accessory if you are not familiar with the procedures necessary to repair or install parts and accessories on said equipment, or if you do not have a safe working environment. Please operate your coffee equipment safely and reasonably, and always use good judgment and common sense. Stefano’s Espresso Care will not be liable or responsible of for any injuries to person, place, or product arising from the use of the parts and equipment we sell. All risks and responsibilities are assumed by the buyer.

Even properly installed parts and accessories can fail. Stefano’s Espresso Care assumes no liability or responsibility for any damage to person, place, or property due to failure of parts, accessories or equipment whether properly or improperly, regardless of correct or incorrect information provided by Stefano’s Espresso Care and found on espressocare.com. Stefano’s Espresso Care cannot be held responsible or liable for any injuries, deaths, damages or loss associated with the proper or improper installation of parts, accessories and other products due to correct or incorrect information found on www.espressocare.com. All risks and responsibilities are assumed by the buyer.

Errors, Inaccuracies & Corrections

All content on www.espressocare.com is informational in nature only and may be subject to typographical errors, inaccuracies, omissions, or contain incomplete or dated information that may affect product descriptions and/ or product pricing. Stefano’s Espresso Care reserves the right to correct such typographical errors, inaccuracies, incomplete information, outdated information or omissions at any time without notice and regardless of orders that may have been placed prior to correction. We apologize for any inaccuracies and the inconvenience they may cause you. If you are dissatisfied with your purchase, please see our return policy for details. Also note that while we welcome orders from all over the globe, all content is based on espresso and coffee equipment intended for the United States domestic market. We apologize for any inconvenience this may cause our international customers.

Limited Liability

Stefano’s Espresso Care will not be responsible for the proper or improper installation and/or removal of any parts or equipment sold over the phone or through espressocare.com for any reason. Stefano’s Espresso Care will also not be liable for any direct or indirect, special, punitive, incidental, exemplary or consequential damages of any kind, including injury, death, dismemberment, psychological damages, or loss of revenue whether based upon warranty, contract or negligence deriving from the connection with the sale, use or repair of the part(s), accessory(ies), equipment or other products sold by or purchased from Stefano’s Espresso Care. Stefano’s Espresso Care will not be liable for use or misuse of the correct or incorrect information found on espressocare.com, including and not limited to technical support, customer service, manuals, cleaning instructions, or any other services provided by Stefano’s Espresso Care. These limitations will apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF STEFANO’S ESPRESSO CARE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) UNITED STATES CURRENCY.

Links & Affiliates

Espressocare.com may contain links to other websites and/or pages that are not owned or operated by Stefano’s Espresso Care. Any outgoing links from espressocare.com are provided for the convenience, information and entertainment purposes only. Stefano’s Espresso Care makes no warranty or representations whatsoever about any links you may have accessed through espressocare.com Any outgoing or incoming link from any website is not an endorsement, sponsorship or approval from Stefano’s Espresso Care for the linking website nor is Stefano’s Espresso Care responsible for the content or use of those websites linking to or from espressocare.com. Privacy policies of other websites may differ from those of espressocare.com and it may be in your best interest to review those policies.

All page headers, original images, original diagrams, original graphics, original illustrations and original text are copyrighted by espressocare.com and protected by copyright, trade dress, service mark, trademark and/or other intellectual property rights and laws. The entire content of espressocare.com, including but not limited to all original text, photographs, diagrams, pictures, illustrations and page headers as well as espressocare.com logos and other identifying marks are copyrighted as a collective work under United States copyright laws. Espressocare.com owns a copyright in the selection, coordination, arrangement and enhancement of the content. The content of espressocare.com, and the website as a whole, is intended strictly for personal, non-commercial use by the customers and visitors to espressocare.com. However, while the entire body and content of espressocare.com is copyrighted by Espressocare.com, you may download, print or store selected portions of the content provided you:

  • Only use the copies of the content for your own personal, non-commercial use;
  • Do not copy or post the content on any network computer or broadcast it in any media, electronic, traditional or otherwise;
  • Do not modify or alter the content in any way, delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Stefano’s Espresso Care reserves complete title and full intellectual property rights to any content downloaded from espressocare.com and, except where noted above, copying, downloading, reproducing, modifying, publishing distributing, transmitting, transferring or creating derivative works from the content found on any page of espressocare.com is not allowed without first obtaining written permission from Stefano’s Espresso Care. All copyright violations will be pursued and enforced.

Dispute Resolution

If any controversy, dispute or claim arises out of or related to transactions with Stefano’s Espresso Care or espressocare.com, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Stefano’s Espresso Care will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to any unauthorized use of espressocare.com trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the “Intellectual Property”) or any act or omission by you that may impair the goodwill associated with the Intellectual Property.

Enforcement

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by any plaintiff must and will be venued exclusively in Lane County, Oregon. This Terms of Use and relationship between any user of espressocare.com and Stefano’s Espresso Care will be governed by the laws of the state of Oregon as if the user signed this Terms of Use in Oregon. The provisions of the Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.