EFFECTIVE DATE: February 18, 2013
SCOPE OF USE: Repair.com invites You to view, use and download a single copy of this website (the “Site”) for Your informational, noncommercial use, provided that You leave all copyright, trademark and other proprietary notices intact. For the purpose of these Terms & Conditions, references to “We” and “Us” and “Our” include Repair.com and National Electronics Warranty, LLC and their affiliates, agents, representatives, successors and assigns. Using this Site to evaluate whether to enter into a business relationship with Us shall not constitute a commercial use for the purposes hereof. It is a violation of these Terms & Conditions for You to use the Site in violation of any applicable rules, laws and regulations. Certain other programs or services provided by Repair.com through linked websites or other channels may have additional terms and conditions regarding Your use of those services, and nothing in these Terms & Conditions is intended to modify such terms and conditions. YOU MAY NOT USE THIS SITE IF YOU DO NOT AGREE TO THE REPAIR.COM WEBSITE TERMS AND CONDITIONS.
RESTRICTIONS ON USE: You shall use the Site strictly in accordance with these Terms & Conditions and in a manner consistent with all applicable rules, laws and regulations. You will not take any of the following actions with respect to the Site or the server nor will You use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Site in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (ii) violates any applicable laws, rules or regulations in connection with Your access to or use of the Site; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of Ours or Our affiliates, partners, suppliers or the licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from the Site; (v) interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (vii) infringes the copyright, trademark or any intellectual property rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (viii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (ix) is fraudulent or unlawful or contains defamatory or illegal information, images, materials or descriptions; (x) promotes or provides instructions for illegal activities; (xi) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; or (xii) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware.
INFORMATION & SECURITY: If You provide us any information through the Site, such as Your name, phone number, contact details or email address, You agree to provide true, accurate, current, complete and up-to-date information. If You provide any information that is untrue, inaccurate, non-current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, We have the right to terminate or refuse any and all current or future use of the Site (or any portion thereof). We reserve the right to take any action that We deem necessary to ensure the security of the Site.
NO WARRANTIES: ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE. You are responsible for taking all precautions necessary to ensure that any content You may obtain from the Site is free of viruses.
TRADEMARKS : All trademarks, service marks and logos that are used or displayed on the Sites are owned by Us or by third parties and are the property of their respective owners. We own various trademarks, service marks and logos that may be used on the Site, including without limitation, the name “Repair.com” and the phrase “Let’s Fix This.” You must obtain Our written permission prior to using any trademark or service mark of Ours. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, Our custom icons, graphics, logos and scripting on the Site are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without Our prior written permission.
WEBSITE CONTENT & COPYRIGHT: This Site and the content contained on this Site are protected by U.S. and international copyright laws. You may not modify, reproduce or distribute the content, design or layout of the Site or individual sections of the content, design or layout of the Site or Our trademarks or logos without Our written permission. The layout, compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are Our exclusive property. We reserve all of Our rights in the Site and its content.
COPYRIGHT INFRINGEMENT NOTIFICATION: We have a policy of removing data or content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with us, You will need to send a written communication to Our Designated Agent, listed below, containing substantially the following information or such other information as may be required by Section 512(c)(3) of the Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please direct any such notice to Legal Department, 648 Grassmere Park, Nashville, TN 37211 or contact by email at firstname.lastname@example.org. The foregoing contact information is for use solely with notice of copyright infringement, and You may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail.
MODIFICATIONS: We reserve the right to modify this Site and the rules and regulations governing its use, at any time. Modifications will be posted on the Site and the “last updated” date at the top of this web page will be revised. You understand and agree that if You use this Site after the date on which the Terms & Conditions have changed, We will treat Your use as acceptance of the updated Terms & Conditions. We may make changes in the products and/or services described in this Site at any time.
VIOLATION OF RULES AND REGULATIONS: We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site.
INDEMNITY: You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, claims, demands, expenses, damages and costs, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Site, Your violation of these Terms & Conditions, or Your violation of any law or any rights of another. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify against, and You agree to cooperate in Our defense of such matter. This indemnification shall survive any termination of these Terms & Conditions.
LIMITATION OF LIABILITY: WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to You to the extent prohibited by law. In such cases, Our liability will be limited to the fullest extent permitted by applicable law.
GOVERNING LAW AND GENERAL PRINCIPLES: This Site is operated by Us from Our offices within the United States of America. We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By using the Site, regardless of where You live or are located in the world, You consent to these Terms & Conditions and any claims relating to the information, services or products made available through this Site will be governed by the laws of the State of Virginia , U.S.A., excluding the application of its conflicts of law rules. If any provision of these Terms & Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of these Terms & Conditions will not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of these Terms & Conditions.