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Terms of Use

Last Update: October 2015


RepairClinic.com ("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.

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.

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.

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.

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.

Links to Third Party Sites

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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
Attn: Customer Service
48600 Michigan Avenue
Canton, Michigan 48188
1-800-269-2609





Privacy Policy

This Privacy Policy sets out the manner in which RepairClinic.com, Inc. ("RepairClinic.com") collects, uses, discloses and otherwise manages the personal information of our customers.

Your acceptance of our privacy policy

By using the web site www.repairclinic.com (the "Site"), you agree to the collection and use of your personal information as described in this policy. If we make any significant changes to this policy, we will notify you by email, or post a notice of such changes on the Site, or flag our Privacy Policy on the Site as updated.


What personal information we collect and how we use it

Purchases: When you purchase a product we may collect your shipping and billing address, payment information, phone number and email address. If you leave items in your shopping cart prior to completing a purchase on our Site, we may email you reminders about those items left in your shopping cart. If you choose to create an account on our Site, we will also collect a user name and password. We use this information to administer your account and process your order and any returns.

Promotional Emails: From time to time we may obtain your consent to send you our promotional emails containing information about RepairClinic.com products and services. You can unsubscribe from our email list at any time by clicking on the unsubscribe link in any of our email messages or by contacting us as set out below.

Contests: When you enter a contest, sweepstakes or participate in a promotion, we may collect your name, address, phone number, email address, and other information you provide. We use this information to administer your participation in the contest, sweepstakes or promotion.

Surveys: From time to time, we may offer you the opportunity to participate in one of our surveys or other customer research. The information obtained through our surveys and customer research is used in an aggregated, non-personally identifiable form. We use this information to help us understand our customers, and to enhance our product and service offerings, promotions and events.

Contact Us: We also collect information when you contact us with a question, comment or complaint, including when you use our Live Chat program. For example, we may collect your name, email address and any additional information we need to help us respond to your question or comment (such as your order number or any product information). We may retain this information to assist you in the future and to improve our customer service, product and service offerings.


How we protect your personal information

We have implemented technical, physical and administrative safeguards designed to protect personal information against loss, theft or unauthorized or unlawful access, use, disclosure, alteration or destruction.

All passwords are stored on our server in encrypted form. If you lose your password, we will generate a new one and send it to you.

We have personal information retention processes designed to retain personal information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.


Other data we collect that is not personally identifiable

We collect information regarding your use of the Site, such as computer-related information (browser type you used, your Internet Protocol address, last URL visited, and the date and time of day of your login). We send a "cookie" or "pixel tag" to your computer which contains an identification number that is unique to the computer you are using. You may decline to provide personal information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result, and some services may not be available. We use this information to enhance the experience of using the Site, to tailor our Site for you and other future visitors, to understand how our Site is used, to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site.

We may also use third parties to serve our advertisements on other websites. These companies may use tracer tags or web beacons to report certain information (but not your name, address, e-mail address or telephone number) about your visits to our Site and the websites which advertise and feature links to our Site, in order to measure the effectiveness of our advertisements.

We use data in the aggregate for our business purposes, but we do not use it in a manner that allows identification of an individual user.


Third party links

Our Site may contain links to other sites that RepairClinic.com does not own or operate. Also, links to our Site may be found on third party websites on which we advertise. Except as provided herein, we will not provide any of your personal information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.


Disclosure of personal information

Service Provider Arrangements: We may transfer (or otherwise make available) your personal information to our affiliates and other third parties who provide services on our behalf. For example, we may use service providers to authorize and process payments, ship our products, send email on our behalf, host our Website and operate certain of its features.

Your personal information may be maintained and processed by our affiliates and other third party service providers in Canada, the US or other foreign jurisdictions. Our service providers are given the information they need to perform their designated functions. For information about the manner in which our service providers treat your personal information, contact us as set out below.

Sale of Business: We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of RepairClinic.com or as part of a corporate reorganization or stock sale or other change in corporate control.

Legal: RepairClinic.com, our affiliates and our Canadian, US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise may be required or permitted by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims.


Access to Information

Depending on the jurisdiction in which you reside, you may have the right to access, update, and correct inaccuracies in your personal information in our custody and control. You may request access, updating and corrections of inaccuracies in your personal information by contacting us as set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.


Contact

Please contact us with any questions and/or comments you may have.

RepairClinic.com
Attn: Customer Service
48600 Michigan Avenue
Canton, Michigan USA 48188-2240
1-800-269-2609 (for calls within the U.S. and Canada)
1-734-495-3079 (for calls from US Territories and APO/FPO bases)
Fax: 1-734-495-3842


Dated: October 2015





Terms of Sale

Last Update: October 2015


Thank you for shopping at www.RepairClinic.com (the "Site"). We appreciate your business. Here are the legal terms that govern any order or purchase you make on the Site or by phone ("Agreement"). RepairClinic.com, Inc. ("RepairClinic.com") is the operator of the Site and the supplier of your order. By proceeding to place an order, you agree to be bound by this Agreement, whether or not you have read it. If you do not agree to this Agreement, do not proceed with your order. Please print and retain a copy of this Agreement for your records. Please read this Agreement carefully and let us know if you have any questions or concerns.

Customer and Account

You represent that you are at least the age of majority in your jurisdiction of residence, you are not under any legal or other disability which limits your ability to comply with this Agreement, the information you provide in connection with your purchase is truthful and accurate, and you are not purchasing the products offered for sale at this Site ("Products") for resale to others. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. Data generated in connection with your use of your account at this Site is the property of RepairClinic.com. RepairClinic.com, in the exercise of its reasonable business judgment, reserves the right at its sole discretion to refuse to sell Products, terminate accounts, cancel orders and restrict access to the Site.

Shopping Information

You do not need to have an account to place an order on the Site. If you have provided us with your email address, the receipt of your order will be confirmed via an automatic email. Such email is a confirmation that your order has been received by RepairClinic.com but does not constitute an acceptance of your order. A shipping confirmation email will be sent to confirm that your order has been accepted, your payment method has been charged and that the order has been shipped.

RepairClinic.com reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Some situations that may result in your order being cancelled or refused are: (i) limitations on quantities available for purchase; (ii) inaccuracies or errors in product or pricing information on the Site; or (iii) our inability to confirm or obtain authorization for charges to your credit card. We may also require additional verifications or information before accepting any order. RepairClinic.com will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of the charge to your credit card.

Product Warranties

RepairClinic.com is a reseller of products manufactured by other companies. You may be entitled to the benefit of a warranty, if any, provided by the original manufacturers of the products that you purchase from RepairClinic.com. For warranty claims, please contact the manufacturer of your product.

Product Prices

The price for Products is stated in U.S. dollars. The price for an order placed by you may include additional costs, such as taxes, surcharges, shipping, and handling and other fees. You are responsible for the payment of any such additional costs. The total price of the order will be displayed to you before you legally accept the order.

Sales Tax

RepairClinic.com collects sales tax for the following jurisdictions:

  • Canada
  • Georgia
  • Illinois
  • Indiana
  • Iowa
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • North Dakota
  • Pennsylvania
  • Wisconsin

Payment

We accept Visa, MasterCard, American Express, Discover and MC DinersClub, PayPal, Checks & Money Orders. (See note about the use of debit cards). When paying with credit card, you authorize RepairClinic.com to charge the applicable card the amount of the order at the time your order is shipped. If your order requires more than one shipment, we will charge your card separately for each shipment. You will only pay one shipping charge regardless of how many shipments are required to complete your order.

DEBIT CARD CHARGES – When you place your order online, your bank may allocate the total order amount from your account and hold it in reserve for up to a week, or until your order ships. During this time you may not have access to those funds. If you need access to the money in the account that your debit card draws from, use a credit card instead.

You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and RepairClinic.com will have no obligation to fulfill your order. All billing and registration information provided by you to RepairClinic.com must be truthful and accurate.

Availability and Descriptions

The purchase of Products on the Site is subject to availability. In the event that the Product you request is not available at the time of your order, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.

Although we strive to update and keep accurate Product and pricing information on the Site, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, RepairClinic.com shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.

PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS 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.

Shipping Information

Canada: For information on shipping to Canada, click here.

United States: For information on shipping within the United States, click here.

Return Policy

Canada: For information on returns from Canada, click here.

United States: For information on returns within the United States, click here.

Order Cancellations

You can cancel your order on our Site by submitting your email address and order number on the Cancel My Order Page or by contacting us by Live Chat or as set out below. However, if you have already received a shipping confirmation email, it will not be possible to cancel your order. In that case, you can return the product in accordance with our Return Policy below.

Electronic Communications

When you visit the Site, place order for Products, complete a form on the site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Although we may also communicate with you through other media (telephone, text messages, live chat, mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Risk of Loss

In the United States, the risk of loss and title for Products pass to you upon our delivery to the carrier, such as FedEx, or the U.S. Postal Service, or other third party shipper. In Canada, the risk of loss and title for Products pass to you upon delivery.

Exclusive Remedies

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING WARRANTY, REMEDIES, AND RETURN POLICY ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY REPAIRCLINIC.COM AND WAIVED BY CUSTOMER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

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.

Limitation of Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPAIRCLINIC.COM SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OR MISUSE OF THE PRODUCTS OR RELIANCE ON ANY REPAIR MATERIALS. IN NO CASE SHALL REPAIRCLINIC.COM BE LIABLE TO CUSTOMER, UNDER ANY THEORY OF LAW (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, PRODUCTS LIABILITY) IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF ANY NONCONFORMING PRODUCT.

Privacy Policy

RepairClinic.com respects your right to privacy. Please review our 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 this Agreement.

Governing Law

To ensure consistency in the interpretation and enforcement of this Agreement, this Agreement 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.

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 this Agreement, 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 this Agreement 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.

Entire Agreement

This Agreement, 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 concerning your order or purchase you make on the Site.

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. Placement of orders constitutes acceptance of such changes.

Severability

If any provision of this Agreement 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 Agreement will remain in full force and effect.

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.

Contact Us

To contact us regarding this Agreement:

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



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