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TERMS OF USE
Introduction
Welcome to RepairAve.com. This site is provided by RepairAve.com and
its authors (referred to throughout this site as "RepairAve.com") as
a service to our customers. Please review the following basic rules
that govern your use of the RepairAve.com site. (the "Agreement").
Please note that your use of the RepairAve.com site (the "Site")
constitutes your unconditional agreement to follow and be bound by
these Terms of Use. Although you may "bookmark" a particular portion
of this Site and thereby bypass this Agreement, your use of this
Site still binds you to these Terms of Use. RepairAve.com reserves
the right to update or modify these Terms of Use at any time without
prior notice to you. Your use of the Site following any such change
constitutes your unconditional agreement to follow and be bound by
these Terms of Use as changed. For this reason, we encourage you to
review these Terms of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you
certify that you are 18 years of age or older. If you are under the
age of 18 but at least 13 years of age you may use this Site only
under the supervision of a parent or legal guardian who agrees to be
bound by these Terms of Use. RepairAve.com does not intentionally
collect personal information about children under the age of 13.
Children under the age of 13 may not use this Site and parents or
legal guardians may not agree to these Terms of Use on their behalf.
If you are a parent or legal guardian agreeing to these Terms of Use
for the benefit of a child between the ages of 13 and 18, be advised
that you are fully responsible for his or her use of this Site,
including all financial charges and legal liability that he or she
may incur. If you do not agree to (or cannot comply with) any of
these terms and conditions, do not use this Site.
All materials, including images, text, illustrations, designs,
icons, photographs, diagrams, programs, video clips and written and
other materials that are part of this Site (collectively, the
"Contents") are intended solely for personal, non-commercial use.
You may download, copy or print the Contents and other downloadable
materials displayed on the Site for your personal use only. No
right, title or interest in any downloaded materials or software is
transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in
part, any of the Contents, the Site or any related software. All
software used on this Site is the property of RepairAve.com or its
suppliers and protected by U.S. and international copyright laws.
The Contents and software on this Site may be used only as a
shopping and/or educational resource. Any other use, including the
reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Site
is strictly prohibited.
REPAIR MATERIALS, DOCUMENTS AND ADVICE: All of the repair
information, advice, instructions, data, and other Troubleshooting
materials are provided to you free of charge (collectively, the
“Repair Materials”). As such, RepairAve.com does not make any
representations or warranties with respect to any Repair Materials
or the results you will achieve through their use. RepairAve.com
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IN
ANY COMMUNICATION WITH YOU OR OTHERWISE WITH RESPECT TO THE REPAIR
MATERIALS. RepairAve.com is not, nor will it be, liable for any
personal or property injury, damage and/or liability, whether in the
form of direct, indirect, consequential, special, exemplary or other
damages, arising out of your use of or reliance upon the Repair
Materials, or the acts or omissions of RepairAve.com in relation to
the Repair Materials.
You may not, without RepairAve.com's prior express written
permission, "mirror" any Contents or Repair Materials contained on
this Website on any other server.
Site Security
Users are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a) accessing
data not intended for such user or logging onto a server or an
account which the user is not authorized to access; (b) attempting
to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper
authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;" (d) sending unsolicited email,
including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system
or network security may result in civil or criminal liability.
RepairAve.com will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this Site. You agree,
further, not to use or attempt to use any engine, software, tool,
agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search
agents available from RepairAve.com on this Site and other than
generally available third party web browsers (e.g., Microsoft
Explorer, Netscape Navigator).
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled or
licensed by RepairAve.com, one of its affiliates or by third parties
who have licensed their materials to RepairAve.com and are protected
by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all Contents on this
site is the exclusive property of RepairAve.com and is also
protected by U.S. and international copyright laws.
RepairAve.com and its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products,
processes, technology, content and other materials which appear on
this Site. Access to this Site does not confer and shall not be
considered as conferring upon anyone any license under any of
RepairAve.com's or any third party's intellectual property rights.
The RepairAve.com logos and all related product and service names,
design marks and slogans are the trademarks or service marks of
RepairAve.com. All other marks are the property of their respective
companies. No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to this
Site does not authorize anyone to use any name, logo or mark in any
manner.
References on this Site to any names, marks, products or services of
third parties or hypertext links to third party sites or information
are provided solely as a convenience to you and do not in any way
constitute or imply RepairAve.com's endorsement, sponsorship or
recommendation of the third party, information, product or service.
RepairAve.com is not responsible for the content of any third party
sites and does not make any representations regarding the content or
accuracy of material on such sites. If you decide to link to any
such third party web sites, you do so entirely at your own risk.
User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and
other submissions disclosed, submitted or offered to RepairAve.com
on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, the "Comments")
shall be and remain RepairAve.com's property. Such disclosure,
submission or offer of any Comments shall constitute an assignment
to RepairAve.com of all worldwide rights, titles and interests in
all copyrights and other intellectual properties in the Comments.
Thus, RepairAve.com will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. RepairAve.com will be entitled to
use, reproduce, disclose, modify, adapt, create derivative works
from, publish, display and distribute any Comments you submit for
any purpose whatsoever, without restriction and without compensating
you in any way. RepairAve.com is and shall be under no obligation
(1) to maintain any Comments in confidence; (2) to pay to user any
compensation for any Comments; or (3) to respond to any user
Comments. You agree that any Comments submitted by you to the Site
will not violate this policy or any right of any third party,
including copyright, trademark, privacy or other personal or
proprietary right(s), and will not cause injury to any person or
entity. You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, threatening,
abusive or obscene material, or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings
or any form of "spam".
RepairAve.com does not regularly review posted Comments, but does
reserve the right (but not the obligation) to monitor and edit or
remove any Comments submitted to the Site. You grant RepairAve.com
the right to use the name that you submit in connection with any
Comments. You agree not to use a false email address, impersonate
any person or entity, or otherwise mislead as to the origin of any
Comments you submit. You are and shall remain solely responsible for
the content of any Comments you make and you agree to indemnify
RepairAve.com and its affiliates for all claims resulting from any
Comments you submit. RepairAve.com and its affiliates take no
responsibility and assume no liability for any Comments submitted by
you or any third party.
Indemnification
You agree to defend, indemnify and hold harmless RepairAve.com and
its affiliates from and against any and all claims, damages, costs
and expenses, including attorneys' fees, arising from or related to
your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by
either you or RepairAve.com. You may terminate this Agreement at any
time, provided that you discontinue any further use of this Site.
RepairAve.com also may terminate this Agreement at any time and may
do so immediately without notice, and accordingly deny you access to
the Site, if in RepairAve.com's sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination
of the Agreement by either you or RepairAve.com, you must promptly
destroy all materials downloaded or otherwise obtained from this
Site, as well as all copies of such materials, whether made under
the Terms of Use or otherwise. RepairAve.com's right to any Comments
shall survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY RepairAve.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. RepairAve.com MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, RepairAve.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, RepairAve.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE RepairAve.com WEB SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY
TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL
RepairAve.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH
THE USE OF OR INABILITY TO USE THE RepairAve.com WEB SITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF RepairAve.com HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
RepairAve.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID
BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties
and supersedes all prior agreements and representations between
them. Headings used in these Terms of Use are for reference purposes
only and in no way define or limit the scope of the section. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent
necessary to make it enforceable and the other terms of this
Agreement shall remain in full force and effect. The failure of
RepairAve.com to act with respect to a breach of this Agreement by
you or others does not constitute a waiver and shall not limit
RepairAve.com's rights with respect to such breach or any subsequent
breaches. This Agreement shall be governed by and construed under
California law without regard to conflicts of law provisions. Any
action or proceeding arising out of or related to this Agreement or
your use of this Site must be brought in the state or federal courts
of California and you consent to the exclusive personal jurisdiction
of such courts.
Your Representations
You represent that you are not under any legal or other disability
which limits your ability to comply with these Terms or to install
and use the products you purchase with minimal risk of harm to you
or others. You further represent that you are not purchasing the
products for resale to others and will not do so without
RepairAve.com's prior written consent.
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