AGREEMENT YOU SIGN
E-TRONIC RX LLC.
1. ARE YOU THE OWNER? When seeking our Services, You represent to Us that You are the owner and/or have the authority to consent to an inspection and repair of the Device. We reserve the right to refuse to provide You with the Services if We determine that You are not the owner and/or the authorized user of the Device. When seeking the Services, You represent to Us that any information or data disclosed to Us is not confidential or proprietary to You or any third party.
2. DO YOU AUTHORIZE?: You authorize Us to perform the Services, including but not limited to repairs, technical support, and other services as provided by participating stores, described in the Service Authorization & Estimate, subject to this Agreement. When seeking certain Services, You (a) expressly consent to inspection and repair of the Device, and (b) authorize Us to repair and otherwise effect changes to Your Device to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible.
3. THIS MAY VOID YOUR WARRANTY: We may use new, rebuilt, reconditioned or refurbished parts or components, and original or non-original parts. The Services are not provided as part of the original manufacturer’s warranty. If Your Device is under any applicable manufacturer’s or other warranty, You acknowledge that the Services may void the manufacturer’s warranty.
4. BUSINESS SERVICES. The Services are available for all eligible Devices during the operating hours of the stores and/or service centers in the System, as determined by System Operators. Where applicable, an individual seeking to use the Services on behalf of Your company may be required to provide identifying information including whether the individual is an owner, member, partner, director, manager, employee, or agent of Your company.
5. ELIGIBILITY FOR OUR SERVICE. Eligible devices may include, without limitation, cellular phones, tablets, gaming devices, and any other devices as determined by Us in Our sole discretion. Service eligibility and initiation of the Services is subject to: (a) a visual and physical inspection of the device to Service; (b) confirmation that the device is eligible, accessible and serviceable subject to Our service eligibility criteria which is determined at Our sole discretion; and/or (c) confirmation that no modifications to the device exist that would make the device ineligible or unsafe for the performance of Services. Subject to Our sole discretion, We determine eligibility for onsite and in-home Services during the scheduling process, and confirm eligibility in accordance with the requirements of this Agreement at the designated Service location.
6. BACK UP YOUR DATA: You are solely responsible for backing up any software or data that is stored on Your Device and deleting, encrypting or otherwise protecting Your data from unauthorized use. We are not responsible for any loss, alteration or corruption of any hardware, software, data or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by You regardless of the cause of any such loss or damage. You are responsible for any and all restoration and reconstruction of lost or altered files, data or programs. We will not treat data on Your Device as confidential and We disclaim any agreement with You or other obligation to do so.
7. ABANDONMENT: We will contact You when the Services have been completed and Your Device is ready for pick up. You acknowledge and agree that if, despite Our efforts to contact You, You fail to pick up Your Device or otherwise arrange for its return for more than THIRTY (30) days, or other longer period as required by law, following the completion of Services, Your Device will be deemed abandoned and will become Our property, subject to all applicable provisions of law. In such an event, We may dispose of or otherwise utilize the abandoned property in Our sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs.
8. REPLACMENT OF YOUR TECH: Subject to this Agreement regarding Your responsibility to back up Your data, We will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Our possession for Service. In the unlikely event that Your Device is lost, stolen or damaged while it is in Our possession for Service, We will repair Your Device or replace it with a device of like kind and quality, as determined by Us in Our sole discretion, which, at Our sole option, may be new or refurbished.
9. LIMITED WARRANTY: The repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement, will be warranted for a period of one (1) year from the date the Services are completed (the “Limited Warranty”), subject to the provisions and exclusions set forth herein.
1. Limited Warranty Exclusions: This Limited Warranty does not apply to Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer’s intended use, regardless of whether the Services attempted to repair such damage or exposure. This Limited Warranty does not provide coverage for Devices which have been subjected to abuse, misuse, damage due to external causes or an Act of God, normal wear and tear which does not affect the original manufacturer’s intended use, battery leakage or damage resulting from battery leakage. Furthermore, this Limited Warranty does not cover defects resulting from any action by You, including but not limited to mishandling, physical damage, operation outside of design limits, improper repair by someone other than Us, or unauthorized modification. This Limited Warranty does not apply if Your Device shows evidence of tampering or shows evidence of being damaged as a result of excessive corrosion, electrical current, heat, moisture or vibration, or as a result of improper specification, misapplication or other operating conditions outside of Our control. This Limited Warranty covers the following software Services only: factory restores, backups, jailbreaks, and unlocks. This Limited Warranty does not apply to Devices with software modifications performed by someone other than Us following the completion of the Services, including without limitation updated software, use of unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Us. This Limited Warranty is non-transferable and does not apply to Devices on which the serial number has been altered, defaced or is missing.
2. Ownership of Repaired or Replaced Parts and Devices: Unless otherwise required by law, all replaced Devices, parts, components, boards and equipment will become Our property, and You waive all rights you may have under state or other laws to the replaced Device or repaired or replaced parts.
3. Limited Warranty Procedure: If Your repaired or replacement Device malfunctions within the one (1) year Limited Warranty term, it must be returned to a store or service center within the System for evaluation by Us, and You will be responsible for any applicable shipping costs. If, upon Our examination, We determine at Our sole discretion that the parts or repairs used to perform the Services were defective, or in the case of a replacement Device, that the replacement Device is defective, it will be repaired at no charge.
10. DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY US IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
11. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR THE WEBSITER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. MODIFICATIONS: We reserve the right to modify this Agreement, and, where applicable, Your continued use of the Services or Website represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.