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Terms of Use

Last Update: October 2012


RepairClinic.com, Inc. (“RepairClinic.com”, “we”, “us”, “our”) welcomes you to www.repairclinic.com and to other platforms where we communicate with the public (for example, Facebook, Twitter, and the like) (collectively, the “Site”). The following terms (“Terms of Use”) govern your access to and use of the Site. Please review these Terms of Use carefully. By accessing and using the Site, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Site immediately. A copy of the Terms of Use may be downloaded, saved and printed for your reference.

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RepairClinic.com Content

Content on the Site, such as text, images, audio and video, graphics, logos, characters, downloadable content, and data compilations (the “Content”), is the property of RepairClinic.com and is protected by United States, Canadian and international copyright and trademark laws. RepairClinic.com visitors and customers (collectively, “you”) may make copies of the created by RepairClinic.com Content in connection with your business relationship with RepairClinic.com. You may also use the Content for your personal, noncommercial purposes (for example, Content that is not further published, disseminated, sold, or adapted). All other uses require a written license from RepairClinic.com or any user who has uploaded their content to the Site.

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Third Party Content

Some Content on the Site is owned by third parties. Third party Content and trademarks appearing at the Site (by way of example, third party trademarks identifying branded parts and user-generated Content upload by RepairClinic visitors and customers) are owned by such third parties. No license is granted by RepairClinic.com to you for the use of such third party Content and marks. Materials (such as manuals, repair information, and data sheets) provided by companies and persons other than RepairClinic.com have not been verified by RepairClinic.com and are provided for your use on an AS IS basis with no warranties express or implied.

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Important Reminders and Code of Ethics
bulletRegarding User Generated Content

Please remember that user postings are public and are not confidential. Do not post personally identifiable information, such as name, telephone numbers, street addresses, email addresses, and Order information. If you have questions about your RepairClinic account, products ordered from RepairClinic, or specific service issues, please call us or email us directly.

The Site is made available solely for the business of RepairClinic. You may not use the Site for business activities relating to other companies and organizations.

Content posted by you to the Site must be lawful and ethical. We seek a civilized and courteous level of discourse. We attempt to be responsive to concerns of our customers and visitors. If you have concerns, please contact our customer service representatives. We may remove Ccontent for any reason and without notice. You shall not post Content that contains the name or face of other persons without their permission; contains material in which copyright or trademark rights are held by a third party unless the use of the copyright or trademark is authorized by the rights-holder or by applicable law; contains nudity or anything of a sexual nature; disparages an individual; violates the right of privacy or the right of publicity of an individual; includes profanity; suggests violence or hatred; misrepresents an affiliation, association, or connection with, any person or entity; or refers to race, religion, sexual orientation, politics, or matters other than those of the RepairClinic business and services community.

If you believe that a user has posted your copyrighted content, please see RepairClinic’s DMCA terms.

If you believe a user has violated the code of ethics, above, please contact RepairClinic and/or use the flags at the Site to report conduct or content.

RepairClinic reserves the broadest rights allowable under law and these terms of use to take actions it deems appropriate with respect to the content and conduct at the Site. Customers, visitors, members of the public, rights-holders and others may contact RepairClinic to complain of any conduct that they believe is inconsistent with the obligations of users of the Site. You understand and acknowledge that RepairClinic may take actions with which you disagree, and it may (by way of example and not limitation) remove Content, destroy electronic files containing Content, report Content and conduct to law enforcement, notify third parties of the Content posted, block access to the Site, and terminate your account.

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Trademarks

RepairClinic, RepairGuru, “We Make Fixing Things Easy” and “365 Days. Period” are registered trademarks of RepairClinic.com. Other marks, graphics, typefaces, trademarks and logos appearing on the Site are trademarks or trade dress of RepairClinic.com or its licensors. Such trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

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Links to Third Party Sites

This Site may be linked to other websites which are not under the control of RepairClinic.com, Inc. RepairClinic.com, Inc. is not responsible for the content of those sites. RepairClinic.com, Inc. provides the links as a convenience to you, and the link does not imply endorsement by or affiliation with those sites by RepairClinic.com, Inc.

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Customer and Account

In order to use certain functions of our Site, you may be asked to complete an online registration form. In consideration of your use of the Site and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

You may be asked to choose a password and/or user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Site under such password or user name. You agree to immediately notify RepairClinic.com of any unauthorized use of your password or user name or any other breach of security.

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No Warranties

Although we strive to update and keep accurate as much as possible the Content contained on the Site, errors and/or omissions may occur.

ACCORDINGLY, YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPAIRCLINIC.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE SITE ARE AVAILABLE AT THE TIME OF PURCHASE IN THE TERMS OF SALE.

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Your Responsibility

YOU ARE RESPONSIBLE FOR YOUR USE OF THE PRODUCT, INCLUDING ITS PROPER AND SAFE DEPLOYMENT. INFORMATION ABOUT THE PRODUCTS, SUCH AS REPAIR INFORMATION, DATA, TIPS, INSTRUCTIONS, AND OTHER TROUBLESHOOTING MATERIALS PROVIDED THROUGH THE WEBSITE, VIDEOS, BLOG, SOCIAL MEDIA, EMAIL COMMUNICATIONS, LIVE CHAT OR OTHERWISE, ARE PROVIDED TO YOU FREE OF CHARGE (“REPAIR MATERIALS”) AND WITH NO PROMISES, REPRESENTATIONS, OR WARRANTIES.

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Limitations of Liability

UNDER NO CIRCUMSTANCES WILL REPAIRCLINIC.COM BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPAIRCLINIC.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND OTHER LEGAL EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

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Indemnification

By using the Site, you agree to defend, indemnify and hold harmless RepairClinic.com, its licensors and partners and their respective employees, officers, directors, or agents from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of this Site, connection thereto, or any alleged violation by you of these Terms of Use.

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Privacy

RepairClinic.com respects your right to privacy. Please review our website Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information. RepairClinic.com incorporates its Privacy Policy as a part of these Terms of Use.

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Governing Law

To ensure consistency in the interpretation and enforcement of these Terms of Use, these Terms of Use will be governed exclusively by Michigan law and applicable United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, in which case, the laws of such jurisdiction are to govern.

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Arbitration Venue for Dispute Resolution

The parties shall attempt to resolve any disputes through good faith business negotiations.

In the United States: All disputes or claims arising out of or relating to these Terms of Use, or the breach thereof, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Ann Arbor, Michigan, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator’s award shall be brought only in the U.S. Court for the Eastern District of Michigan, Southern Division, or the Circuit Court for the County of Washtenaw, Michigan; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys’ fees and expenses in connection with any such motion to enforce the arbitration award.

In Canada: After a dispute regarding these Terms of Use arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. In Canada, if the parties elect to use arbitration, claims shall be referred to ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca

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Entire Agreement

These Terms of Use, together with the Privacy Policy and any other legal notices published by RepairClinic.com on the Site, constitutes the entire agreement between you and RepairClinic.com regarding your use of the Site. For clarity, the terms and conditions governing the purchase of any product are governed by the Terms of Sale. Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

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Changes

RepairClinic.com reserves the right to make changes to the Site, its policies, and this Agreement, and will place a notice of changes at its Site. Your continued access to and use of the Site will constitute acceptance of the amended Terms of Use. If you do not agree with these Terms of Use, or any future amendments, your sole recourse is to cease use of the Site.

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Severability

If any provision of this Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, and all other provisions of this Terms of Use will remain in full force and effect.

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Waiver

The failure of RepairClinic.com to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by RepairClinic.com in writing.

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Notice

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Site, by posting notices or links to such notices on the Site itself.

If you have any questions regarding these Terms of Use please contact us at:

RepairClinic.com. Inc.
Attn: Customer Service
48600 Michigan Avenue
Canton, Michigan 48188
1-800-269-2609


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