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TERMS OF SERVICE FOR THE SALE OF SERVICES AND PRODUCTS

VERSION: AUGUST 31, 2022

PLEASE REVIEW THESE TERMS CAREFULLY.

THESE TERMS OF SERVICE FOR THE SALE OF SERVICES AND PRODUCTS (THE “AGREEMENT”) APPLY GENERALLY TO ALL SERVICES (THE “SERVICES”) AND PRODUCTS (THE “PRODUCTS) AS DEFINED BELOW AND GOVERN YOUR USE OF THE SERVICES AND WEBSITE (AS DEFINED BELOW). XIREPAIR LLC, AN ALABAMA CORPORATION (“COMPANY” OR “XIREPAIR” OR “WE” OR “US” OR “OUR”) HAS DEVELOPED RIGOROUS REPAIR SERVICE METHODOLOGIES AND OFFERS A BEST IN QUALITY PRODUCT OFFERING  VIA AN EXTENSIVE NETWORK OF SERVICE LOCATIONS UNDER THE TRADE NAME XIREPAIR®.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT ANY DISPUTES THAT SHOULD ARISE FROM THE USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY AN ARBITRATOR. 

ADDITIONALLY THIS AGREEMENT ALSO CONTAINS A WAIVER TO A JURY TRIAL OR ANY CLASS ACTION PROCEEDINGS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY CHOOSE NOT TO USE THE SERVICES.

  1. Definitions.
    1. In This Agreement, The Following Terms Have The Meanings Set Forth Below:
    2. “XiRepair” – Shall Mean XiRepair Llc, And Any Subsidiaries Of XiRepair Llc (Including Subsidiaries That XiRepair Llc May Form Or Acquire In The Future), And Their Affiliates, Directors, Officers, Employees And Agents. We Also Refer To XiRepair As The Following: “Company”,“XiRepair”, “We”, “Us” And “Our”
    3. “XiRepair Entities” – Shall Mean XiRepair; Its Suppliers, Vendors, Contractors And Licensors.
    4. “The Parties” – Shall Mean The Party Or Parties To This Agreement Usually Referred To As “You And XiRepair”. We May Also Refer To The Parties As “Party”.
    5. “Device” – Shall Mean Any Portable Or Stationary Hardware That Contains One Or More Electronic Circuit Boards Or Other Complex Circuitry, Which Operate By Controlling The Flow Of Electrons Or Other Electrically Charged Particles In Circuits, Using Interconnections Such As Resistors, Inductors, Capacitors, Diodes, Switches, Transistors, Or Integrated Circuits, Which Performs One Or More Of Specific Functions Including Communication, Data Management, Entertainment, Data Processing, Accessing Wireless Networks, Accessing The Internet, Sound Recording, Image Capturing, And Video Recording. This Term Refers To Computers, Cell Phones, Tablets, Laptops, Gaming Systems, And Other Digital Storage Devices.
    6. ‘services” – Shall Refer To Work Completed By XiRepair For You, Including Repair(S), Install(S), Maintenance, And Remanufacturing. “Services”, “The Service Process” And “Service” May Be Used Interchangeably.
      1. “Repair” – Shall Mean To Fix And Restore To Good Condition After Damage, Deterioration Or Partial Destruction.
      2. “Installs” – Means To Put Services, Materials, Or Equipment Into Use Or Placed In The Final Position Complete And Ready For The Intended Use
      3. “Maintenance” – Shall Mean The Performance Of Inspection, Overhaul, Preservation, And The Replacement Or Cleaning Of Parts, Materials, Or Components Of A Product To Assure The Continued Usefulness Of The Product(S).
      4. “Remanufacturing” – Shall Mean The Rebuilding Of A Product To The Proper Specifications, Solely Determined By XiRepair, Using Any Combination Of Reused, Repaired And New Parts.
    7. “ABANDONED PROPERTY” – SHALL MEAN ANY OF YOUR PROPERTY LEFT BEHIND INTENTIONALLY OR UNINTENTIONALLY.
    8. “APPLE INDEPENDENT REPAIR PROVIDER” – SHALL MEAN AN ENTITY WITH AN ACTIVE, EXECUTED APPLE INDEPENDENT REPAIR PROVIDER AGREEMENT, GRANTED THE ABILITY BY APPLE TO ACCESS CERTAIN APPLE PROPRIETARY SYSTEMS AND TO PROCURE GENUINE APPLE SERVICE PARTS.
    9. “SAMSUNG INDEPENDENT SERVICE PROVIDER” – SHALL MEAN AN ENTITY WITH AN ACTIVE, EXECUTED SAMSUNG INDEPENDENT SERVICE PROVIDER AGREEMENT, GRANTED THE ABILITY BY SAMSUNG TO ACCESS CERTAIN SAMSUNG PROPRIETARY SYSTEMS AND TO PROCURE GENUINE SAMSUNG SERVICE PARTS.
    10. “SERVICE OPTION” – SHALL MEAN THE METHODS AVAILABLE TO CUSTOMERS DEPENDING ON THE REQUESTED OR NECESSARY SERVICES FOR THE CUSTOMER’S DEVICE.
    11. “VALID ADDRESS” – SHALL MEAN ANY ADDRESS THAT XIREPAIR’S CARRIER SERVICES DEEM DELIVERABLE AND ACTIVELY DELIVER TOO.
    12. “DATA” – SHALL MEAN RECORDED INFORMATION, REGARDLESS OF FORM OR THE DEVICE ON WHICH IT MAY BE RECORDED. THE TERM ALSO INCLUDES PICTURES, TEXT MESSAGES, FILES OF ANY TYPE AND COMPUTER SOFTWARE.
    13. “CONFIDENTIAL DATA” – SHALL MEAN INFORMATION THAT ALLOWS PUBLIC AND/OR PRIVATE IDENTIFICATION, WHICH MIGHT CAUSE HARM TO THE CLIENT OR OTHER PERSONS IF REVEALED, RELEASED OR BREACHED.
    14. “MODIFICATION” – SHALL MEAN ANY CHANGE TO THE SOFTWARE OR HARDWARE OF A DEVICE THAT ISN’T APPROVED BY THE ORIGINAL EQUIPMENT MANUFACTURER. THE TERM INCLUDES ROOTING, JAIL-BREAKING, OR ANY OTHER UNAUTHORIZED MODIFICATION TO A DEVICE’S SOFTWARE.
    15. “CONTACT” – SHALL MEAN ANY FORM OF VERBAL, WRITTEN OR ELECTRONIC COMMUNICATION BETWEEN XIREPAIR AND YOU. INCLUDING A PHONE CALL EVEN IF YOU DON’T ANSWER, TEXT MESSAGE, EMAIL OR MESSAGE VIA ONLINE SOCIAL PLATFORMS SUCH AS FACEBOOK, GOOGLE OR OTHER PLATFORMS.
    16. “YOUR PROPERTY” – SHALL MEAN ANY PROPERTY, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO ANY COMPUTERS, TABLETS, GAMING CONSOLES, ACCESSORIES, PERIPHERALS, AND OTHER CONSUMER ELECTRONIC DEVICES. YOUR PROPERTY MAY INCLUDE ANY DEVICE DELIVERED TO A XIREPAIR SERVICE LOCATION MEANING YOUR PROPERTY AND DEVICE MAY BE USED INTERCHANGEABLY.
    17. “RECYCLE” – SHALL MEAN THE PROCESS BY WHICH ANY MATERIAL IS COLLECTED, SEPARATED, RECOVERED, REMARKETED, REUSED OR TRANSITIONED INTO NEW MATERIAL(S).
    18. “INVOICE” – SHALL MEAN THE DOCUMENT ISSUED FOR THE PURCHASE OF GOODS AND SERVICES NOTIFYING ANY CUSTOMER OF THEIR OBLIGATION TO REMIT PAYMENT THEREOF, WHICH WILL INDICATE THE TOTAL PURCHASE PRICE, THE NAME OF THE CUSTOMER AND THE SERVICE LOCATION OR EXPRESS STORE WHERE THE GOODS AND SERVICES ARE PURCHASED FROM.
    19. “LABOR HOURS” – SHALL MEAN THE TOTAL HOURS OF WORKERS RECEIVING AN HOURLY WAGE AND CONTRACTORS WHO ARE EMPLOYED AT THE SERVICE LOCATION. “LABOR HOURS” SHALL INCLUDE HOURS PERFORMED BY WORKERS AND CONTRACTORS OF XIREPAIR.
    20. “WORKER” – WORKER MEANS A PERSON EMPLOYED, DIRECTLY OR BY OR THROUGH ANY AGENCY (INCLUDING ANY CONTRACTOR) WITH OR WITHOUT THE KNOWLEDGE OF THE PRINCIPAL EMPLOYER, WHETHER FOR REMUNERATION OR NOT, IN ANY OF OUR SERVICE PROCESS, OR IN CLEANING ANY PART OF THE MACHINERY OR PREMISES USED FOR A SERVICE PROCESS, OR IN ANY OTHER KIND OF WORK INCIDENTAL TO, OR CONNECTED WITH, THE SERVICES.
    21. “COUNTERFEIT” – UNITED STATES DOLLARS THAT FAIL OR ARE SUSPECTED TO FAIL ANY ONE OF OUR COUNTERFEIT TESTS.
    22. “WARRANTY SERVICE” – SHALL MEAN A HARDWARE REPAIR SERVICE PERFORMED ON ELIGIBLE DEVICES THAT ARE COVERED BY XIREPAIR’S LIMITED WARRANTY FOR THOSE ELIGIBLE DEVICES.
    23. “FUNCTIONAL” – SHALL MEAN THAT A REPAIR PART OR COMPONENT PERFORMS ITS PRIMARY PURPOSE.
    24. “NON-FUNCTIONAL” – SHALL MEAN THAT A REPAIR PART OR COMPONENT DOES NOT PERFORM ITS PRIMARY PURPOSE AND ITS PERFORMANCE ISN’T HINDERED BY ANOTHER PART, FEATURE OR COMPONENT ON THE DEVICE.
    25. “OWNER” – SHALL MEAN THE PERSON RECOGNIZED BY THE LAW AS HAVING THE ULTIMATE CONTROL OVER, AND RIGHT TO USE, PROPERTY AS LONG AS THE LAW PERMITS AND NO AGREEMENT OR COVENANT LIMITS THE OWNER’S RIGHTS.
    26. “STANDARD OPERATING PROCEDURE” – MEANS A DOCUMENT THAT ESTABLISHES OR PRESCRIBES XIREPAIR’S METHODS TO BE FOLLOWED IN ANY SERVICES PERFORMED WHEN AVAILABLE. NOT EVERY SERVICE WILL HAVE A STANDARD OPERATING PROCEDURE. MAY ALSO BE REFERRED TO AS “SOP”.
  2. PRIVACY POLICY.
    1. ALL INFORMATION WE COLLECT THROUGH OR IN CONNECTION WITH THE SERVICES IS SUBJECT TO OUR PRIVACY POLICY WHICH IS AVAILABLE AT HTTPS://WWW.XIREPAIR.COM/PRIVACY-POLICY.
    2. YOU ACKNOWLEDGE THAT WHEN YOU VISIT THE WEBSITE OR USE THE SERVICES, WE MAY AUTOMATICALLY USE AUTOMATIC OR OTHER MEANS (INCLUDING, FOR EXAMPLE, COOKIES AND WEB BEACONS) TO COLLECT INFORMATION ABOUT YOU AND YOUR DEVICE AND/OR ABOUT YOUR ACCESS OR USE OF THE WEBSITE.
    3. YOU ALSO MAY BE REQUIRED TO PROVIDE CERTAIN INFORMATION ABOUT YOURSELF AND/OR YOUR DEVICE AS A CONDITION TO RECEIVING THE SERVICES, AND THE SERVICES MAY PROVIDE YOU WITH OPPORTUNITIES TO SHARE INFORMATION ABOUT YOURSELF WITH OTHERS. OUR PRIVACY POLICY EXPLAINS OUR POLICIES WITH RESPECT TO THE ASSEMBLY, USE AND DISCLOSURE OF INFORMATION RELATED TO OR DERIVED FROM YOUR USE OF THE WEBSITE AND SERVICES.
    4. PLEASE READ THE PRIVACY POLICY CAREFULLY AND ENTIRELY. IT IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT, AND BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION AS SET FORTH IN THAT PRIVACY POLICY.
    5. BECAUSE WE CANNOT GUARANTEE THE SECURITY OF ANY OF YOUR INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT YOU PROVIDE IT TO US AT YOUR OWN RISK. IF YOU KNOW OR SUSPECT THAT THE PASSWORDS ASSOCIATED WITH OR STORED ON YOUR DEVICE HAVE BEEN AVAILABLE TO OR ACCESSED BY ANYONE AS A RESULT OF YOUR USE OF THE SERVICES, YOU SHOULD IMMEDIATELY RESET THOSE PASSWORDS TO PREVENT MISUSE.
  3. Services
      1. THE SERVICES ARE NOT PROVIDED AS PART OF ANY 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, AND THAT IT IS NOT OUR RESPONSIBILITY TO INFORM YOU OF ANY MANUFACTURER’S WARRANTY.
      2. AN INDIVIDUAL SEEKING TO USE THE SERVICES ON BEHALF OF A COMPANY MAY BE REQUIRED TO PROVIDE IDENTIFICATION INCLUDING WHETHER THE INDIVIDUAL IS AN OWNER, MEMBER, PARTNER, DIRECTOR, MANAGER, EMPLOYEE, OR OTHER AGENT FOR THE COMPANY OR ORGANIZATION.
      3. AS PART OF OUR STANDARD OPERATING PROCEDURE, XIREPAIR MAY INSTALL SYSTEM SOFTWARE UPDATES. THESE SOFTWARE UPDATES MAY PREVENT REVERSIONS TO EARLIER VERSIONS OF THE SOFTWARE, PREVENT THE FUNCTIONALITY OF THIRD PARTY APPS OR OTHER UN-APPROVED APPLICATIONS BY THE ORIGINAL EQUIPMENT MANUFACTURER, DISABLE CERTAIN FEATURES OR FUNCTIONS OF THE HARDWARE, CAUSE THE LOSS OF DATA, OR IN CERTAIN CASES ADD ADDITIONAL FUNCTIONALITY TO THE DEVICE.
    1. AVAILABILITY OF SERVICES
      1. SERVICE OPTIONS
        XIREPAIR WILL PROVIDE SERVICE THROUGH ONE OF THE OPTIONS LISTED BELOW IN SECTION 3.2.1. THE SERVICE OPTIONS AVAILABLE TO YOU AND YOUR DEVICE ARE SUBJECT TO XIREPAIR’S SOLE DISCRETION, THE SPECIFIC SERVICE(S) REQUIRED, CIRCUMSTANCES, AND THE CURRENT CONDITION OF YOUR DEVICE(S). WE RESERVE THE RIGHT TO CANCEL OR REFUSE SERVICES FOR NON ELIGIBLE DEVICES AT ANY TIME DURING THE SERVICE.

          1. IF WE DEEM THAT YOUR DEVICE IS NO LONGER ELIGIBLE FOR SERVICE, YOU MAY BE REQUIRED TO PAY FOR THE PARTS, LABOR RATES, SHIPPING FEES, AND TAXES ASSOCIATED WITH YOUR DEVICE UP UNTIL THE POINT THAT YOUR DEVICE WAS DEEMED NON ELIGIBLE FOR SERVICE. XIREPAIR RESERVES THE RIGHT TO CHANGE THE SERVICE OPTIONS AVAILABLE TO YOU AND YOUR DEVICE AT ANY TIME.
            MAIL-IN SERVICE.
          2. IF XIREPAIR DETERMINES THAT YOUR DEVICE QUALIFIES FOR MAIL-IN SERVICE, YOU WILL SHIP YOUR DEVICE TO XIREPAIR’S SERVICE LOCATION IN ACCORDANCE WITH XIREPAIR’S MAIL-IN INSTRUCTIONS
          3. AT OUR SOLE DISCRETION, XIREPAIR MAY PROVIDE A PREPAID SHIPPING LABEL FOR YOU TO SHIP YOUR DEVICE TO THE MAIL-IN SERVICE LOCATION.
            1. IN THE EVENT THAT XIREPAIR DETERMINES THAT YOUR DEVICE QUALIFIES FOR MAIL-IN SERVICES, BUT DOES NOT PROVIDE A PREPAID SHIPPING METHOD, YOU MUST ARRANGE FOR THE SHIPPING AND PACKAGING OF YOUR DEVICE TO XIREPAIR’S MAIL-IN SERVICE LOCATION.
              1. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR THE PROPER PROTECTIVE PACKAGING OF YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT EVEN AN INSURED SHIPMENT WITH YOUR DEVICE IMPROPERLY PACKED MAY VOID ANY CLAIM WITH THE INSURANCE CARRIER.
              2. IN THE EVENT THAT XIREPAIR DETERMINES THAT YOUR DEVICE DOES NOT QUALIFY FOR MAIL-IN SERVICE, BUT YOU CHOOSE TO MAIL YOUR DEVICE ANYWAYS, YOU WILL BE RESPONSIBLE FOR ANY FEES ASSOCIATED WITH RETURNING THE DEVICE TO YOU INCLUDING, BUT NOT LIMITED TO SHIPPING FEES, INSURANCE, OR OTHER SERVICES DEEMED NECESSARY TO RETURN YOUR DEVICE IN THE BEST SUITABLE MANNER.
            2. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR INSURING YOUR DEVICE(S) BEFORE SHIPPING THEM TO XIREPAIR’S MAIL-IN SERVICE LOCATION. IN THE EVENT THAT YOUR PACKAGE IS UNINSURED AND BECOMES LOST, XIREPAIR IS NOT RESPONSIBLE FOR YOUR LOST PACKAGE.
          4. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL RETURN SHIPPING CHARGES MUST BE PAID FOR BY YOU.
          5. IF YOUR DEVICE IS DEEMED UNREPAIRABLE, YOU ARE RESPONSIBLE FOR THE COST OF RETURN SHIPPING. IN ACCORDANCE WITH OUR ABANDONMENT POLICY LOCATED IN SECTION 3.6.
          6. IF YOUR PRODUCT IS RETURNED TO XIREPAIR BECAUSE THE DELIVERY COULD NOT BE COMPLETED AT THE ADDRESS GIVEN FOR ANY REASON, XIREPAIR WILL ATTEMPT TO CONTACT YOU FOR AN ALTERNATIVE MAILING ADDRESS. ONCE A VALID SHIPPING ADDRESS IS RECEIVED, YOU WILL BE RESPONSIBLE FOR ANY AND ALL ADDITIONAL SHIPPING FEES TO THE NEW ADDRESS.
            EXPRESS REPAIR SERVICE
          7. THE SERVICES ARE AVAILABLE FOR ALL QUALIFIED DEVICES DURING THE OPERATING HOURS OF XIREPAIR EXPRESS STORES. OPERATING HOURS ARE POSTED AT: HTTPS://WWW.XIREPAIR.COM/LOCATIONS/.
    2. ELIGIBILITY OF SERVICES
      1. ELIGIBLE DEVICES MAY INCLUDE, WITHOUT LIMITATION, CELLULAR HANDSETS, TABLETS, COMPUTERS, LAPTOPS, GAMING CONSOLES, AND ANY OTHER DEVICES AS DETERMINED BY US AT OUR SOLE DISCRETION.
      2. SERVICE ELIGIBILITY AND COMMENCEMENT OF THE SERVICES IS SUBJECT TO:
        (A) AN UNDERSTANDABLE DESCRIPTION OF THE ISSUE THAT IS AFFECTING YOUR DEVICE(S), SO THAT XIREPAIR MAY REPLICATE THE ISSUE.
        (B) A VISUAL, PHYSICAL AND SOFTWARE EXAMINATION OF THE DEVICE BY US;
        (C) VERIFICATION THAT THE DEVICE IS ELIGIBLE FOR SERVICE SUBJECT TO OUR SERVICE ELIGIBILITY CRITERIA WHICH IS DETERMINED AT OUR SOLE DISCRETION;
        (D) CONFIRMATION THAT ZERO MODIFICATIONS ARE PRESENT ON THE DEVICE. ANY MODIFICATIONS MAY DISQUALIFY THE DEVICE FOR SERVICE AT OUR SOLE DISCRETION;
        (E) VERIFICATION OF A VALID SERIAL NUMBER THAT HAS NOT BEEN ALTERED, DEFACED, OR REMOVED;
        (F) CONFIRMATION THAT THE PRODUCT HAS NOT FAILED DUE TO ABUSE, LIQUID SPILL, LIQUID SUBMERSION, MISUSE, NEGLECT, FAULTY INSTALLATION BY ANOTHER 3RD PARTY, SURGES OF ELECTRICAL POWER, LIGHTNING, STATIC ELECTRICITY, FIRE, HAIL, ACTS OF GOD OR OTHER EXTERNAL CAUSES.
    3. DATA SERVICES
      1. DATA TRANSFER SERVICES
        IF YOUR DEVICE IS CAPABLE OF STORING DATA, XIREPAIR MAY ATTEMPT TO TRANSFER SAID DATA TO A REPLACEMENT DEVICE UPON REQUEST FROM YOU. DURING THE SERVICE, IT IS POSSIBLE THAT DATA MAY BE LOST. IN SUCH AN EVENT, XIREPAIR WILL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA.
        WHETHER OR NOT XIREPAIR IS SUCCESSFULLY ABLE TO TRANSFER YOUR DATA, YOU SHOULD MAINTAIN A SEPARATE DUPLICATE BACKUP OF YOUR DATA TO PREVENT DATA LOSS. DURING THE SERVICE IT IS POSSIBLE THAT THE DATA WILL BE LOST, REPLACED, CORRUPTED OR REFORMATTED. IN SUCH AN EVENT, XIREPAIR IS NOT RESPONSIBLE FOR ANY LOSS OF DATA.
        DATA TRANSFER SERVICES INVOLVE THE TRANSFER OF DATA DIRECTLY FROM THE ORIGINAL DEVICE TO A REPLACEMENT DEVICE OR TO A PROVIDED OR PURCHASED COMPATIBLE EXTERNAL STORAGE DEVICE.
        DATA TRANSFER SERVICES INVOLVE THE TRANSFER OF DATA DIRECTLY FROM THE ORIGINAL DEVICE TO A REPLACEMENT DEVICE OR TO A PROVIDED OR PURCHASED COMPATIBLE EXTERNAL STORAGE DEVICE.
      2. DATA PROTECTION, CONFIDENTIAL DATA AND MANDATORY BEST PRACTICES
        IT IS YOUR DUTY TO BACKUP ALL EXISTING DATA, OPERATING SYSTEMS, SOFTWARE AND DIGITAL PROGRAMS BEFORE RECEIVING THE SERVICE.
        IT IS YOUR DUTY TO ERASE, DELETE AND VERIFY DELETION OF ANY AND ALL EXISTING DATA BEFORE RECEIVING THE SERVICES.
        IT IS YOUR DUTY TO REMOVE ANY AND ALL CONFIDENTIAL DATA FROM YOUR DEVICE BEFORE XIREPAIR EXAMINES OR REPAIRS YOUR DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ENCRYPTING AND PROTECTING YOUR DATA FROM UNAUTHORIZED USE.
        XIREPAIR IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED DATA BREACH WHILE YOUR DEVICE IS IN OUR POSSESSION OR WHILE IN YOUR POSSESSION THEREAFTER.
        IF YOU CANNOT REMOVE CONFIDENTIAL DATA FROM YOUR DEVICE BEFORE XIREPAIR EXAMINES OR REPAIRS YOUR DEVICE, THEN YOU ACCEPT AND ACKNOWLEDGE THAT YOUR DATA IS AT RISK OF UNAUTHORIZED ACCESS AND YOU FULLY UNDERSTAND AND ACCEPT THE RISKS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS.
        YOU AGREE NOT TO HOLD XIREPAIR RESPONSIBLE FOR THE CONSEQUENCES OF THE FAILURE TO RECOVER ANY DATA RESIDING ON YOUR DEVICE.
        UNDER NO CIRCUMSTANCE IS XIREPAIR LIABLE FOR ANY LOSS OF DATA, ALTERATION OF DATA, MODIFICATION OF DATA OR CORRUPTION OF DATA. PLEASE BACK UP YOUR DATA BEFORE BRINGING IN YOUR DEVICE FOR SERVICE.
    4. PARTS.
      1. XIREPAIR OFFERS DIFFERENT GRADES OF PARTS FOR EACH REPAIR SERVICE INCLUDING BUT NOT LIMITED TO GENUINE NEW PARTS AND NEW AFTERMARKET PARTS.
      2. XIREPAIR OFFERS GENUINE APPLE PARTS SOURCED AND PURCHASED DIRECTLY FROM APPLE INC. IN ACCORDANCE WITH THE GUIDELINES SET BY THE APPLE INDEPENDENT REPAIR PROVIDER PROGRAM. LEARN MORE ABOUT OUR PARTICIPATION AS AN APPLE INDEPENDENT REPAIR PROVIDER HERE: HTTPS://WWW.XIREPAIR.COM/APPLE-INDEPENDENT-REPAIR-PROVIDER/
      3. XIREPAIR OFFERS GENUINE SAMSUNG PARTS SOURCED AND PURCHASED DIRECTLY FROM SAMSUNG U.S.A. IN ACCORDANCE WITH THE GUIDELINES SET BY THE SAMSUNG INDEPENDENT SERVICE PROVIDER PROGRAM. LEARN MORE ABOUT OUR PARTICIPATION AS AN APPLE INDEPENDENT REPAIR PROVIDER HERE: HTTPS://WWW.XIREPAIR.COM/SAMSUNG-INDEPENDENT-SERVICE-PROVIDER/
        XIREPAIR HAS ACCESS TO PROPERTIERARY SAMSUNG TOOLS AND GENUINE PARTS, BUT THE SERVICES OFFERED BY XIREPAIR ARE NOT AUTHORIZED OR ENDORSED BY SAMSUNG.
      4. YOU ACKNOWLEDGE XIREPAIR MAY SOURCE AND UTILIZE PARTS AND COMPONENTS THAT ARE COMPOSED OF NEW, USED, REPURPOSED AND/OR REFURBISHED COMPONENTS.
      5. YOU ACKNOWLEDGE THAT XIREPAIR WILL RETAIN THE PART OR PRODUCT THAT IS EXCHANGED OR REPLACED DURING SERVICE AS ITS PROPERTY, AND THE REPLACEMENT PART PURCHASED WILL BECOME YOUR PROPERTY.
        IF THE APPLICABLE LAW REQUIRES XIREPAIR TO RETURN A REPLACED PART, COMPONENT OR DEVICE TO YOU, IF REQUESTED BY YOU, THEN YOU AGREE TO PAY XIREPAIR THE RETAIL COST OF THE REPLACEMENT ITEM, SHIPPING AND ANY APPLICABLE TAXES.
    5. ABANDONED PROPERTY.
      1. XIREPAIR WILL ONLY STORE YOUR PROPERTY FOR 14 DAYS FROM THE DATE WE FIRST CONTACT YOU:
        (A) FOR THE FINAL PAYMENT.
        (B) FOR THE FINAL PICKUP IN THE CASE THAT YOUR DEVICE WAS DEEMED NON REPAIRABLE.
        (C) AND YOU CHOOSE NOT TO MOVE FORWARD WITH THE SERVICE(S).
      2. ONCE OUR 14 DAY HOLD POLICY HAS EXPIRED, WE WILL CONSIDER YOUR PROPERTY ABANDONED. ANY ABANDONED PROPERTY WILL BECOME PROPERTY OF XIREPAIR IMMEDIATELY.
      3. IN THE EVENT THAT YOUR DEVICE BECOMES ABANDONED, XIREPAIR RESERVES THE RIGHT TO, IN NO PARTICULAR ORDER:
        (A) RECYCLE THE ABANDONED PROPERTY.
        (B) DISPOSE OF THE ABANDONED PROPERTY.
        (C) DONATE THE ABANDONED PROPERTY.
        (B) SELL THE ABANDONED PROPERTY AT A PRIVATE OR PUBLIC SALE TO RECOUP THE COST OF ANY LABOR HOURS, STORAGE FEES, LIENS, OR UNPAID CHARGES.
      4. IN THE EVENT THAT YOU PAY ALL OUTSTANDING INVOICES AFTER YOUR PROPERTY BECOMES ABANDONED, XIREPAIR WILL, IN NO PARTICULAR ORDER AND AT THE SOLE DISCRETION OF XIREPAIR;
        (A) ACCEPT YOUR LATE PAYMENT(S) AND DELIVER YOUR PROPERTY IN ACCORDANCE WITH OUR SERVICE OPTIONS.
        (B) RETURN AND REFUND YOUR PAYMENT(S) REGARDING THE TRANSACTIONS RELATED TO THE ABANDONED PROPERTY, BUT THE ABANDONED PROPERTY WILL REMAIN THE PROPERTY OF XIREPAIR AND MAINTAIN ITS CURRENT STATUS OF RECYCLED, DISPOSED, DONATED OR SOLD.
    6. REPLACEMENT POLICY.
      1. XIREPAIR WILL BE RESPONSIBLE TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR THE PHYSICAL PROTECTION OF YOUR DEVICE WHILE IN OUR POSSESSION FOR THE SERVICES.
        IN THE EXTREMELY UNLIKELY EVENT THAT YOUR DEVICE IS DAMAGED WHILE IN OUR POSSESSION FOR THE SERVICES, XIREPAIR WILL, AT ITS SOLE DISCRETION, REPAIR THE DAMAGES WITH ANY PART THAT RETURNS THE DEVICE TO ITS FUNCTIONING CONDITION.
        IN THE EXTREMELY UNLIKELY EVENT THAT YOUR DEVICE IS LOST OR STOLEN OR WHILE IN OUR POSSESSION FOR THE SERVICES, XIREPAIR WILL, AT ITS SOLE DISCRETION, REPLACE THE DEVICE WITH A DEVICE THAT MAY BE NEW, USED OR REFURBISHED.

          1. IF YOU DO NOT ACKNOWLEDGE AND AGREE TO OUR REPLACEMENT POLICY ABOVE, DO NOT USE OUR SERVICES.
    7. SERVICE EXCLUSIONS.
      1. XIREPAIR’S SERVICES MAY HAVE LIMITATIONS AND EXCLUSIONS INCLUDING BUT NOT LIMITED TO:
        (A) EXAMINATION AND DIAGNOSTICS SUPPORT FOR YOUR DEVICE(S), OUTSIDE OUR SCOPE OF SERVICES;
        (B) MODIFICATION OF ORIGINAL EQUIPMENT MANUFACTURER SOFTWARE
        (C) SUPPORT AND REPAIR SERVICES ASSOCIATED WITH NETWORK COVERAGE ISSUES, SUCH AS ABNORMAL CALL DROPPING AND DATA INTERRUPTIONS;
        (D) INSTALLATION OF UN-AUTHORIZED APPLICATIONS, SOFTWARE OR DATA TRANSFERALS;
        (E) EXAMINATION AND SUPPORT WITH ENTERPRISE LEVEL SOFTWARE THAT MAY OR MAYNOT BE INDUSTRY SPECIFIC;
        (F) EXAMINATION AND INSTALLATION OF THIRD-PARTY SOFTWARE NOT SUPPORTED BY YOUR DEVICE AND APPROVED BY THE OEM.
    8. COMMERCIALLY REASONABLE EFFORTS.
      1. XIREPAIR WILL UTILIZE ALL SOFTWARE, TOOLS, EQUIPMENT, SCHEMATICS AND OTHER NECESSARY AND COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES AND THE WEBSITE TO YOU AND YOUR DEVICE.
      2. YOU ACCEPT AND ACKNOWLEDGE IN THE EVENT THAT XIREPAIR CANNOT RESOLVE THE ISSUE RELATED TO YOUR DEVICE, IN ACCORDANCE WITH OUR LIMITED WARRANTY, AFTER MAKING COMMERCIALLY REASONABLE EFFORTS, XIREPAIR RESERVES THE RIGHT AT OUR SOLE DISCRETION, TO REFUSE TO TAKE ANY FURTHER STEPS TO RESOLVE THE ISSUE RELATED TO YOUR DEVICE(S).
        1. IN SOME INSTANCES. XIREPAIR POSSESSES LIMITED INFORMATION FROM THE ORIGINAL EQUIPMENT MANUFACTURER, VENDORS, AND DEVELOPERS OF THE DEVICES IN SERVICE. THIS LIMITED ACCESS TO INFORMATION CAN PREVENT US FROM OFFERING CERTAIN SERVICES. THIS CAN BE ESPECIALLY TRUE WHEN THE NECESSARY PARTS, TOOLS, SCHEMATICS, REPAIR MANUALS OR OTHER VITAL INFORMATION IS WITHHELD OR CONCEALED FROM XIREPAIR BY THE MANUFACTURERS OR DISTRIBUTORS OF THE DEVICES.
        2. CERTAIN TECHNICAL PROBLEMS THAT YOU MAY COME ACROSS ON YOUR DEVICE MAY BE BUGS, SOFTWARE GLITCHES, OR UN-PATCHED HARDWARE ISSUES THAT THE ORIGINAL EQUIPMENT MANUFACTURER OR OTHER RESPONSIBLE PARTY HAS YET TO ENCOUNTER, REPLICATE AND RELEASE UPDATES OR RECALLS FOR. IN THE EVENT THAT YOU AND YOUR DEVICE ENCOUNTERS SUCH TECHNICAL PROBLEMS, PLEASE UNDERSTAND THAT THE FIXES NECESSARY ARE OUTSIDE THE SCOPE OF XIREPAIR’S ABILITY TO REMEDY THE SITUATION.
          1. CERTAIN TECHNICAL PROBLEMS THAT YOU MAY COME ACROSS ON YOUR DEVICE MAY BE BUGS, SOFTWARE GLITCHES, OR UN-PATCHED HARDWARE ISSUES THAT THE ORIGINAL EQUIPMENT MANUFACTURER OR OTHER RESPONSIBLE PARTY HAS YET TO ENCOUNTER, REPLICATE AND RELEASE UPDATES OR RECALLS FOR. IN THE EVENT THAT YOU AND YOUR DEVICE ENCOUNTERS SUCH TECHNICAL PROBLEMS, PLEASE UNDERSTAND THAT THE FIXES NECESSARY ARE OUTSIDE THE SCOPE OF XIREPAIR’S ABILITY TO REMEDY THE SITUATION.
  4. PAYMENTS AND TAXES.
    1. TERMS OF PAYMENT ARE WITHIN XIREPAIR’S SOLE DISCRETION, AND UNLESS OTHERWISE AGREED TO BY XIREPAIR, PAYMENT DETAILS MUST BE RECEIVED PRIOR TO XIREPAIR’S ACCEPTANCE OF AN ORDER OR AN ORDER FOR SERVICES.
    2. PAYMENT METHODS.
      1. YOU MAY PAY YOUR INVOICE(S) FROM XIREPAIR USING ONE OF OUR ACCEPTED PAYMENT METHODS BELOW, THE AVAILABILITY OF WHICH MAY VARY AND CHANGE AT ANY TIME AT THE SOLE DISCRETION OF XIREPAIR.
      2. PAYMENT METHODS:
        UNITED STATES DOLLARS

          1. XIREPAIR AT ITS SOLE DISCRETION, MAY REFUSE TO ACCEPT ANY SUSPECTED COUNTERFEIT UNITED STATES DOLLARS.
            CERTAIN CREDIT AND DEBIT CARDS INCLUDING:
          2. VISA
          3. DISCOVER
          4. MASTERCARD
          5. AMERICAN EXPRESS
            PAYPAL
            APPLE PAY
            SAMSUNG PAY
            GOOGLE PAY
      3. YOUR AVAILABLE PAYMENT METHODS MAY BE RESTRICTED DEPENDING UPON YOUR SERVICE OPTION.
      4. XIREPAIR AT ITS SOLE DISCRETION, MAY REFUSE TO ACCEPT ANY PAYMENT METHOD INCLUDING CREDIT OR DEBIT CARDS ASSOCIATED WITH A BILLING ADDRESS OUTSIDE OF THE UNITED STATES.
    3. PRICES.
      1. XIREPAIR STRIVES TO OFFER YOU COMPETITIVE PRICES ON ALL CURRENT PRODUCTS AND SERVICES.
      2. XIREPAIR DOES NOT OFFER PRICE MATCHING FOR ANY PRODUCTS OR SERVICES.
      3. YOUR TOTAL ORDER PRICE IS NON-NEGOTIABLE.
      4. YOUR TOTAL ORDER PRICE WILL INCLUDE THE PRICE OF THE PRODUCT(S) AND SERVICE(S) AGREED UPON THE DAY THE ORDER IS PROCESSED.
      5. XIREPAIR RESERVES THE RIGHT TO CHANGE THE DISPLAYED PRICES FOR PRODUCTS OR SERVICES AT ANY TIME.
      6. XIREPAIR RESERVES THE RIGHT TO CORRECT PRICING ERRORS ON AN ORDER AT ANY TIME.
    4. TAXES.
      1. UNLESS STATED OTHERWISE, PRICES FOR ALL PRODUCTS AND SERVICES ARE IN UNITED STATES DOLLARS AND EXCLUDE ANY AND ALL APPLICABLE TAXES, LEGALLY REQUIRED DISPOSAL FEES AND SHIPPING RELATED CHARGES, UNLESS EXPRESSLY STATED OTHERWISE.
      2. TO THE EXTENT PERMISSIBLE UNDER LAW, YOU ARE RESPONSIBLE FOR ANY APPLICABLE TAXES, WHETHER OR NOT THEY ARE LISTED ON YOUR RECEIPT.
      3. XIREPAIR CHARGES SALES TAX ON ALL ORDERS AS REQUIRED BY THE LAW. THE SALES TAX AMOUNT IS BASED ON THE SERVICE LOCATION AT WHICH THE PRODUCTS OR SERVICES ARE PURCHASED, WITH EXCEPTIONS MADE, WHEN APPLICABLE BY LAW, FOR MAIL-IN SERVICE LOCATIONS.
      4. XIREPAIR OFFERS AT ITS SOLE DISCRETION, TAX EXEMPT PURCHASES FOR ENTITIES AND ORGANIZATIONS DEEMED TAX EXEMPT BY STATE LAW AND XIREPAIR’S DUE DILIGENCE.
        XIREPAIR RESERVES THE RIGHT TO REFUSE TAX EXEMPTION STATUS FOR ANY INDIVIDUAL, BUSINESS OR ORGANIZATION THAT IT SUSPECTS IS INVOLVED IN TAX EVASION OR OTHER FRAUDULENT ACTIVITY.
  5. REFUNDS AND RETURNS
    1. SERVICES.
      1. XIREPAIR DOES NOT PROVIDE REFUNDS FOR SERVICES ORDERED, EXCEPT AS DESCRIBED IN THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SECTIONS.
    2. PRODUCTS.
      1. XIREPAIR OFFERS A 1 WEEK RETURN POLICY ON NON SERVICE RELATED PRODUCTS THAT ARE ELIGIBLE FOR RETURN.
      2. PRODUCT RETURN ELIGIBILITY AND COMMENCEMENT OF THE RETURN IS SUBJECT TO:
        (A) PRODUCTS MUST BE IN THEIR ORIGINAL PACKAGING AND INCLUDE ALL OF THE COMPONENTS THAT WERE INCLUDED AT THE TIME OF PURCHASE INCLUDING THE DEVICE, CHARGER, BATTERY, AND ANY INSTRUCTIONS.
        (B) PRODUCTS MUST BE RETURNED IN A LIKE-NEW CONDITION RESEMBLING THE SAME FUNCTIONALITY AND APPEARANCE AS COMPARED, AT THE TIME OF PURCHASE. ITEMS THAT ARE NON-FUNCTIONAL, DAMAGED, UNSANITARY, DENTED, SCRATCHED OR MISSING MAJOR CONTENTS MAY BE DENIED A RETURN.
  6. WARRANTY.
    1. XIREPAIR LIMITED WARRANTY: THE REPAIRS AND PARTS USED IN THE SERVICES, WILL BE WARRANTED FOR A PERIOD OF (1) YEAR WHICH IS EQUAL TO (365) DAYS FROM THE DATE THE SERVICES WERE PARTIALLY OR FULLY PURCHASED (THE “LIMITED WARRANTY”), SUBJECT TO THE PROVISIONS AND EXCLUSIONS SET FORTH HEREIN.
      1. LIMITED WARRANTY EXCLUSIONS.
        THIS LIMITED WARRANTY EXCLUDES DEVICES EXPOSED TO ALL FORMS OF LIQUID INCLUDING BUT NOT LIMITED TO MOISTURE AND LIQUIDS OUTSIDE OF THE MANUFACTURER’S PUBLISHED INTENDED USE, REGARDLESS OF WHETHER THE SERVICES SET OUT TO REPAIR THE LIQUID DAMAGE TO BEGIN WITH.
        THIS LIMITED WARRANTY DOES NOT PROVIDE COVERAGE FOR DEVICES WHICH HAVE BEEN SUBJECTED TO MISUSE, NEGLECT, OR ANY DAMAGE DUE TO EXTERNAL CAUSES OR ACTS OF GOD, OR WEAR AND TEAR WHICH DOES NOT AFFECT THE ORIGINAL MANUFACTURER’S INTENDED USE OF THE PART REPLACED, BATTERY LEAKAGE OR DAMAGE RESULTING FROM BATTERY LEAKAGE OR OTHER BATTERY RELATED THERMAL EVENTS.
        THIS LIMITED WARRANTY DOES NOT COVER DEFECTS OR ISSUES RESULTING FROM ANY ACTION BY YOU, INCLUDING BUT NOT LIMITED TO MISHANDLING, OPERATING OUTSIDE OF DESIGN LIMITATIONS, INTENTIONAL AND UNINTENTIONAL PHYSICAL DAMAGE.
        IN ACCORDANCE WITH THE MAGNUSON-MOSS WARRANTY ACT OF 1975, THIS LIMITED WARRANTY DOES NOT COVER FAULTY REPAIR ATTEMPTS, PARTIALLY COMPLETED REPAIRS OR COMPLETED REPAIRS THAT RESULTED IN DAMAGE TO THE PART OR SERVICE RECEIVED BY XIREPAIR.
        THIS LIMITED WARRANTY IS NON-TRANSFERABLE.
        THIS LIMITED WARRANTY DOES NOT APPLY IF YOUR DEVICE SHOWS EVIDENCE OF BEING DAMAGED AS A RESULT OF EXCESSIVE CORROSION, ELECTRICAL CURRENT, HEAT, MOISTURE OR VIBRATIONS, OR AS A RESULT OF MISAPPLICATION OR OTHER OPERATING CONDITIONS OUTSIDE OF OUR CONTROL.
        THIS LIMITED WARRANTY DOES NOT COVER SOFTWARE RELATED SERVICES INCLUDING SOFTWARE REINSTALLATION, SOFTWARE FLASHES, FACTORY RESTORES, BACKUPS, AND UNLOCKS.
        THIS LIMITED WARRANTY DOES NOT APPLY TO DEVICES ON WHICH THE SERIAL NUMBER HAS BEEN ALTERED, DEFACED OR IS MISSING.
        THIS LIMITED WARRANTY DOES NOT APPLY TO DEVICES WITH SOFTWARE MODIFICATIONS THAT ARE UNAUTHORIZED BY THE ORIGINAL EQUIPMENT MANUFACTURER.
        THIS LIMITED WARRANTY IS NON-TRANSFERABLE AND DOES NOT APPLY TO DEVICES ON WHICH THE SERIAL NUMBER HAS BEEN ALTERED, TARNISHED OR IS MISSING.
        THIS LIMITED WARRANTY DOES NOT COVER SUPPLEMENTAL DAMAGE.
      2. LIMITED WARRANTY PROTOCOL.
        IF YOUR DEVICE MALFUNCTIONS IN A WAY THAT IS DIRECTLY CORRELATED WITH THE REPAIR PART INSTALLED BY US WITHIN THE (365) DAY LIMITED WARRANTY TERM, YOU MUST RETURN YOUR DEVICE TO A XIREPAIR SERVICE LOCATION.

          1. YOU ARE RESPONSIBLE FOR ANY APPLICABLE TRAVEL AND SHIPPING COSTS RELATED TO GETTING YOUR DEVICE TO OUR SERVICE LOCATION FOR EXAMINATION BY US.
          2. IF OUR EXAMINATION REVEALS AT OUR SOLE DISCRETION THAT THE PARTS USED TO PERFORM THE SERVICES ARE FUNCTIONAL AND YOUR DEVICE’S ISSUE IS UNRELATED TO THE FUNCTIONING PART INSTALLED BY XIREPAIR, YOU WILL BE GIVEN THE FOLLOWING APPLICABLE OPTIONS IN NO SPECIFIC ORDER:
            1. (A) PAY US TO FIX THE ISSUE THAT IS UNCORRELATED WITH THE SERVICES PROVIDED WITH YOUR DEVICE;
            2. (B) PICK UP YOUR DEVICE IN ACCORDANCE WITH OUR ABANDONED PROPERTY POLICY.
            3. (C) PAY FOR RETURN SHIPPING FOR DEVICES MAILED TO OUR MAIL-IN SERVICE LOCATION.
          3. IF OUR EXAMINATION REVEALS AT OUR SOLE DISCRETION THAT THE PARTS USED TO PERFORM THE SERVICES ARE NON-FUNCTIONAL AND YOUR DEVICE’S ISSUES ARE DIRECTLY RELATED TO THE NON-FUNCTIONING PART INSTALLED BY XIREPAIR, THEN THE PART WILL BE REPAIRED AT NO CHARGE.
            1. IN THE EVENT THAT THE NECESSARY PART OR TOOL IS OUT OF STOCK FROM ALL XIREPAIR SUPPLIERS AND VENDORS, THE FOLLOWING PROTOCOL WILL BE TAKEN:
              1. (1) XIREPAIR WILL ATTEMPT TO SOURCE THE PART FROM EXTERNAL REPUTABLE BUSINESS TO BUSINESS VENDORS WITHIN 14 DAYS.
                1. IN SITUATIONS WHERE THE EXACT PARTS OR COMPONENTS THAT WERE USED IN THE SERVICES CANNOT BE FOUND IN THE SAME EXACT CONDITIONS AS WHEN THEY WERE PURCHASED FROM XIREPAIR, XIREPAIR RESERVES THE RIGHT TO SOURCE AND REPLACE THE PART WITH A NEW, USED, GENUINE, NONE-GENUINE OR OTHER GRADE OF REPLACEMENT PARTS AND COMPONENTS; EQUAL TO OR LESS THAN THE WHOLESALE COST OF THE PARTS AND COMPONENTS USED IN THE SERVICES.
              2. (2) IF AFTER 14 DAYS THE PART STILL CANNOT BE PURCHASED AND DELIVERED IN A REASONABLE TIME FRAME, THEN THE CUSTOMER’S DEVICE WILL BE RETURNED AND THEIR PAYMENT FOR THE SERVICE PURCHASED THAT INCLUDED OUR LIMITED WARRANTY ONLY WILL BE REFUNDED AT THE SOLE DISCRETION OF XIREPAIR.
      3. OWNERSHIP OF WARRANTIED PARTS.
        IN ACCORDANCE WITH OUR PARTS POLICY, ALL REPLACED DEVICES, PARTS, COMPONENTS, BOARDS AND EQUIPMENT WILL BECOME OUR PROPERTY DURING A STANDARD SERVICE AND WARRANTY SERVICE.
        YOU WAIVE ALL RIGHTS YOU MAY HAVE UNDER STATE OR OTHER LAWS TO THE REPLACED DEVICE, REPAIRED PARTS AND PARTS REPLACED.
      4. DISCLAIMER OF WARRANTY.
        THIS LIMITED WARRANTY IS EXCLUSIVE AND IN CONDITION WITH ALL OTHER WARRANTIES, TERMS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN WITH RESPECT TO THE REPAIR PARTS.
        XIREPAIR SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, OBLIGATIONS AND REPRESENTATIONS RELEASED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR QUALITY ASSURANCES.
    2. XIREPAIR LIMITED ELECTRONIC DEVICE WARRANTY.
      1. XIREPAIR LIMITED ELECTRONIC DEVICE WARRANTY: ANY CELL PHONE, GAMING COMPUTER, LAPTOP, TABLET, OR GAMING SYSTEM, WILL BE WARRANTED FOR A PERIOD OF (30) DAYS FROM THE DATE THE PRODUCT WAS PURCHASED (THE “LIMITED ELECTRONIC DEVICE WARRANTY”), SUBJECT TO THE PROVISIONS AND EXCLUSIONS SET FORTH HEREIN.
  • REPRESENTATIONS, AUTHORIZATIONS AND ASSIGNMENT.
    1. REPRESENTATION.
      1. YOU REPRESENT TO XIREPAIR THAT YOU ARE THE OWNER AND/OR THE AUTHORIZED AGENT APPROVED TO REQUEST OUR SERVICES SUBJECT TO OUR SERVICE ELIGIBILITY.
        EXCEPT WHERE APPLICABLE BY LAW, XIREPAIR BEARS NO RESPONSIBILITY IN DETERMINING IF YOU ARE THE OWNER OR AUTHORIZED AGENT APPROVED TO REQUEST OUR SERVICES.
        XIREPAIR RESERVES THE RIGHT TO DEEM YOUR DEVICE INELIGIBLE FOR SERVICES AT ANY TIME IF WE DETERMINE OR SUSPECT THAT YOU ARE NOT THE OWNER OR AUTHORIZED AGENT OF THE DEVICE(S).
      2. YOU REPRESENT TO US THAT ANY AND ALL INFORMATION OR DATA DISCLOSED TO US IS NOT CONFIDENTIAL, NOT PROPRIETARY AND WILL NOT CAUSE ANY DAMAGE TO YOU OR ANY THIRD PARTY IF EXPOSED.
    2. AUTHORIZATION.
      1. YOU AUTHORIZE XIREPAIR TO PERFORM THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SERVICES DESCRIBED IN OUR SERVICES POLICY ABOVE.
      2. YOU AUTHORIZE XIREPAIR TO PERFORM THE SERVICES AND FULLY CONSENT TO WHERE NECESSARY, THE:
        (A) EXAMINATION;
        (B) REPAIR;
        (C) MODIFICATION;
        (D) AND OTHERWISE EFFECT CHANGE TO YOUR DEVICE.
      3. YOU ACKNOWLEDGE AND AGREE THAT SUCH CHANGES TO YOUR DEVICE MAY BE PERMANENT AND UNALTERABLE.
    3. ASSIGNMENT.
      1. NEITHER THIS AGREEMENT NOR ANY OF THE RIGHTS, INTERESTS OR OBLIGATIONS HEREUNDER SHALL BE ASSIGNED BY ANY OF THE PARTIES HERETO (WHETHER BY OPERATION OF LAW OR OTHERWISE) WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTIES. SUBJECT TO THE PRECEDING SENTENCE, THIS AGREEMENT WILL BE BINDING UPON, INURE TO THE BENEFIT OF AND BE ENFORCEABLE BY THE PARTIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. ANY ATTEMPTED TRANSFER OR ASSIGNMENT OF THIS AGREEMENT VIOLATING THIS PROVISION SHALL BE ANNULLED
  • LIMITATION OF LIABILITY.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XIREPAIR AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, UNIQUE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS, INCLUDING LOSS OF PROFITS ON CONTRACTS; LOSS OF TIME; LOSS OF FORECASTED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF BUSINESS(ES); LOSS OF REPUTATION, LOSS OF PRIVACY, LOSS OF THE USE OF MONEY; OR ANY OTHER PECUNIARY LOSSES, DAMAGE TO, OR THE CORRUPTION OF DATA OR OTHER IMPORTANT INFORMATION, INCLUDING THE LOSS OF ACCESS TO SUCH DATA OR INFORMATION; OR ANY COSTS ASSOCIATED WITH THE RECOVERING (WHICH XIREPAIR HAS NO DUTY R OBLIGATION TO RECOVER LOSS DATA), OR RESTORING OF ANY BIT OF DATA, PROGRAM OR OTHER DATA ACCESSIBLE ON, STORED ON OR USED WITH YOUR PRODUCTS AND/OR DEVICE(S); AND ANY MISUSE OR DISCLOSURE OF THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT AND OR DEVICE(S). XIREPAIR EXPLICITLY DOES NOT WARRANT THAT IT WILL BE ABLE TO REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF DATA, AND WHILE MAINTAINING THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN APPLE’S CUSTODY, APPLE’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT OR DEVICE(S). OTHERWISE, 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 TOTAL FEES PAID BY YOU FOR THE SERVICES PURSUANT TO THESE TERMS, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FALLS SHORT OF ITS ESSENTIAL PURPOSE OR FUNCTIONALITY. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY XIREPAIR UNDER THESE TERMS AND CONDITIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  • MODIFICATION.
    1. XIREPAIR RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND, WHERE APPLICABLE, YOUR CONTINUED USE OF THE SERVICES OR WEBSITE REPRESENTS YOUR AGREEMENT TO THOSE MODIFICATIONS.
      1. YOU ACCEPT AND ACKNOWLEDGE OUR RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME AND UNDERSTAND YOUR RIGHT TO NOT USE OUR WEBSITE OR SERVICES IF DO NOT AGREE WITH THESE TERMS.
    2. XIREPAIR RESERVES THE RIGHT TO CHANGE THE SCOPE OR EXTENT OF THE SERVICES AT ANY TIME AND FOR ANY REASON, AT THE SOLE DISCRETION OF XIREPAIR.
  • TERMINATION & MISUSE.
    1. TERMINATION
      1. XIREPAIR RESERVES THE RIGHT TO SUSPEND, TERMINATE AND DISCONTINUE YOUR ABILITY TO INTERACT AND/OR USE OUR SERVICES OR WEBSITE AT ANY TIME FOR ANY REASON, INCLUDING BUT NOT LIMITED TO FAILURE TO PAY AN INVOICE, FEE OR CHARGE, FRAUDULENT ACTIVITY, AND ANY OTHER REASON AT THE SOLE DISCRETION OF XIREPAIR.
      2. XIREPAIR RESERVES THE RIGHT TO SUSPEND, TERMINATE AND DISCONTINUE YOUR USE OF THE SERVICES OR WEBSITE
    2. MISUSE
      1. IF YOU USE, OR ATTEMPT TO USE THE SERVICE FOR PURPOSES OTHER THAN THOSE PROVIDED FOR IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO TAMPERING, HACKING, MODIFYING OR OTHERWISE CORRUPTING THE SECURITY OR FUNCTIONALITY OF THE SERVICE, YOUR ACCOUNT AND ACCESS TO OUR SERVICES WILL BE TERMINATED, WITHOUT PREJUDICE TO XIREPAIR’S RIGHT TO CLAIM DAMAGES OR ANY OTHER REMEDY TO WHICH IT MAY BE ENTITLED IN LAW.
      2. MISUSE OF THE WEBSITE OR THE SERVICES INCLUDES BUT IS NOT LIMITED TO:(A) ORGANIZED DISRUPTIONS TO THE WEBSITE OR SERVICES;
        (B) CYBER BREACHES TO THE WEBSITE OR SERVICES;
        (C) INTERFERENCE WITH THE CORE SOFTWARE OR HARDWARE SUPPORTING THE WEBSITE OR SERVICES;
        (D) USING ARTIFICIAL INTELLIGENCE, SOFTWARE GENERATED MASS ACTION DEPLOYMENTS, ROBOTS, ON THE WEBSITE OR SERVICES;
        (E) DELIVERY OF DEVICES FOR SERVICE WITH MALICIOUS INTENT, INCLUDING SOFTWARES WITH KNOWN MALWARE, RANSOMWARE, SPYWARE OR ANY OTHER MALICIOUS PROGRAMS INTENDED TO CAUSE XIREPAIR OR THIRD PARTIES HARM.
      3. YOU AGREE AND ACKNOWLEDGE THAT ANY AND ALL ATTEMPTS TO HOLD XIREPAIR FOR RANSOM USING ANY FORM OF RANSOMWARE IS PUNISHABLE BY LAW AND XIREPAIR WILL SEEK THE APPROPRIATE LEGAL ACTION AGAINST YOU AND ALL OTHER AGENTS INVOLVED.
  • SEVERABILITY AND WAIVER.
    1. YOU AND XIREPAIR BOTH AGREE THAT IF ONE OR MORE PROVISIONS OF THIS AGREEMENT ARE HELD INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT ON THE BASIS OF ANY PARTICULAR CIRCUMSTANCES OR IN ANY JURISDICTION, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF SUCH PROVISION OR PROVISIONS UNDER OTHER CIRCUMSTANCES OR IN OTHER JURISDICTIONS AND OF THE REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED.
      1. IN THE EVENT THAT ONE OR MORE PROVISIONS OF THIS AGREEMENT ARE HELD INVALID, THE PROVISION MUST BE MODIFIED TO THE EXTENT POSSIBLE TO MAKE IT VALID OR ENFORCEABLE WITHOUT LOSING ITS ORIGINAL INTENT AND PURPOSE.
        IN THE EVENT THAT ONE OR MORE PROVISIONS IN THIS AGREEMENT CANNOT BE MODIFIED TO MAKE IT VALID OR ENFORCEABLE, THE PROVISION MAY BE SEVERED FROM THIS AGREEMENT.
    2. ANY FAILURE TO ENFORCE ANY PROVISION IN THIS AGREEMENT SHALL NOT BE DEEMED A WAIVER OF SAID PROVISION.
  • META-DATA & DATA COLLECTION.
    1. YOU ACKNOWLEDGE AND AGREE THAT XIREPAIR MAY COLLECT META-DATA DURING THE EXAMINATION OF YOUR DEVICE(S) TO BETTER DEVELOP OUR DIAGNOSTIC SOFTWARE AND TOOLS. THE DATA COLLECTED WILL BE BOTH OWNED AND UTILIZED BY XIREPAIR. AND POSSIBLY SHARED WITH XIREPAIR AFFILIATES.
    2. AT XIREPAIR WE UNDERSTAND YOUR RIGHT TO PRIVACY, WHICH IS WHY WE RECOMMEND ANY INDIVIDUALS CONCERNED ABOUT THE COLLECTION OF THEIR META-DATA NOT UTILIZE OUR WEBSITE OR SERVICES. MANY OF THE TOOLS AND THIRD PARTY SOFTWARE UTILIZED BY XIREPAIR AND RECOMMENDED BY THE ELECTRONICS REPAIR INDUSTRY CAPTURE SOME FORM OF META-DATA IN ALMOST ALL SCENARIOS OF THEIR USE. IT’S NEARLY IMPOSSIBLE TO CONTROL THE FLOW OF META-DATA ON MODERN ELECTRONIC DEVICES, LET ALONE THE CONTROL OF THIRD PARTY SOFTWARES FUNCTIONING ON SAID MODERN DEVICES. FOR THIS REASON, AGAIN WE WILL REPEAT THAT WE HIGHLY RECOMMEND YOU NOT USE OUR WEBSITE OR SERVICES OR ANY ELECTRONIC REPAIR SERVICE UTILIZING ANY FORM OF SOFTWARE WHOSE MAIN FEATURES INCLUDE DISCOVERING AND DECODING SOFTWARE AND HARD PROBLEMS, BECAUSE CURRENT MAINSTREAM CAPABILITIES PREVENT SUCH POSSIBLE ACTS.
      1. NEARLY ALL SOFTWARE UTILIZED BY XIREPAIR, AT SOME POINT DURING AN EXAMINATION, THE SERVICE PROCESS, THE WEBSITE OR OTHER DATA TOUCH POINT, WILL COLLECT DATA SUCH AS:
        (A) DEVICE SERIAL INFORMATION;
        (B) DEVICE IMEI INFORMATION;
        (C) MODEL NUMBER INFORMATION;
        (D) BRAND INFORMATION;
        (E) FULL NAME OF THE DEVICE;
        (F) SKU INFORMATION;
        (G) FACTORY AND ORIGIN INFORMATION;
        (H) DATE OF ACTIVATION INFORMATION;
        (I) D.O. NUMBER INFORMATION;
        (J) DEVICE MODEL DESCRIPTION INFORMATION;
        (K) WARRANTY INFORMATION;
        (L) PRODUCTION DATE INFORMATION;
        (M) CARRIER INFORMATION;
        (N) SOLD BY DATE INFORMATION;
        (O) SHIP TO DATE INFORMATION;
        (P) SIM LOCK INFORMATION;
        (Q) APPLE ICLOUD ACTIVATION AND FIND MY IPHONE INFORMATION;
        (R) DOWNLOADED APPLICATION INFORMATION;
        (S) SOFTWARE SETTINGS ENABLED / DISABLED, HIGH / LOW INFORMATION;
        (T) OTHER RESPECTIVE SETTINGS BY CONNECTED DEVICES AND THEIR SETTINGS AND INFORMATION.
    3. YOU MUST UNDERSTAND THAT THERE IS NO WAY TO PREVENT THE COLLECTION OR OBSERVANCE OF DATA WHEN USING OUR NECESSARY SOFTWARES WHICH ARE UTILIZED BY THE COMPUTER REPAIR, MOBILE PHONE REPAIR, ELECTRONICS REPAIR OR DATA RECOVERY INDUSTRIES ALIKE. IF WE THOUGHT THERE WAS A WAY TO PRESERVE SUCH DATA FROM CROSSING UNAUTHORIZED HANDS, WE WOULDN’T BE WARNING YOU HERE WITH SAID PROVISION.
    4. IF YOU CHOOSE TO UTILIZE OUR SERVICES IN ANY CAPACITY, THEN YOU ACCEPT THESE TERMS.
    5. IF YOU DO NOT AGREE WITH OUR TERMS DO NOT USE OUR SERVICES.
  • ARBITRATION AGREEMENT.
    1. IN THE EVENT THAT YOU HAVE QUESTIONS ABOUT XIREPAIR’S TERMS OR SERVICES PLEASE CONTACT US AT [email protected] . FOR ANY DISPUTE WITH US, YOU AGREE TO FIRST CONTACT US AND ATTEMPT TO REMEDY AND RESOLVE ANY DISPUTE WITH US INFORMALLY.
      1. YOU AND XIREPAIR BOTH AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION OR, WHEN APPLICABLE, SMALL CLAIMS COURT. YOU FULLY AGREE TO THE FOLLOWING PROVISIONS WHICH REQUIRE YOU TO SEEK RESOLVE OUTSIDE OF THE COURTS OF GENERAL JURISDICTION.
      2. THE PARTIES BOTH AGREE THAT ANY AND ALL ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL ; CLASS MASS, CONSOLIDATED AND COMBINED ARBITRATIONS AND PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED.
      3. THE PARTIES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. THE PARTIES ARE FURTHER GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS, MASS, CONSOLIDATED OR COMBINED ACTION OR ARBITRATION.
    2. THIS ARBITRATION AGREEMENT SHALL SURVIVE THE TERMINATION OF THE AGREEMENT AND IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
      1. THIS ARBITRATION AGREEMENT SHALL BE INTERPRETED BROADLY, AND IT INCLUDES ANY DISPUTE YOU HAVE WITH US THAT ARISES OUT OF OR RELATES IN ANY WAY TO YOUR RELATIONSHIP WITH US OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR OTHERWISE. HOWEVER, THIS ARBITRATION AGREEMENT DOES NOT REMOVE YOU FROM BRINGING AN INDIVIDUAL ACTION AGAINST US IN ANY SMALL CLAIMS COURT OR FROM INFORMING ANY FEDERAL, STATE OR LOCAL AGENCIES OF YOUR DISPUTE. SUCH AGENCIES MAY BE ABLE TO SEEK RELIEF ON YOUR BEHALF.
    3. TO BEGIN ARBITRATION, OR ANY OTHER NOTICE MADE IN CONNECTION THEREWITH, SHALL BE IN WRITING; A WRITTEN NOTICE OF CLAIM, AND SHALL BE SENT CERTIFIED OR REGISTERED MAIL, WITH THE RETURN RECEIPT REQUESTED TO XIREPAIR’S FOLLOWING ADDRESS:
      XIREPAIR LLC, 1625 PERRY HILL RD., SUITE A, MONTGOMERY, AL 36106 ATTN: JONATHAN STRANGE – LEGAL DEPARTMENT.
    4. THE WRITTEN NOTICE REQUESTING ARBITRATION SHALL STATE IN PARTICULARS ALL ISSUES TO BE RESOLVED IN THE VIEW OF THE CLAIMANT, SHALL APPOINT THE ARBITRATOR SELECTED BY THE CLAIMANT AND SHALL SET A TENTATIVE DATE FOR THE HEARING, WHICH DATE SHALL BE NO SOONER THAN NINETY (90) DAYS AND NO LATER THAN ONE HUNDRED FIFTY (150) DAYS FROM THE DATE THAT THE NOTICE REQUESTING ARBITRATION IS MAILED VIA CERTIFIED OR REGISTERED MAIL WITH THE RETURN RECEIPT REQUESTED TO BE SENT TO XIREPAIR’S LEGAL DEPARTMENT ADDRESS ABOVE. WITHIN THIRTY (30) DAYS OF RECEIPT OF CLAIMANT’S NOTICE, THE RESPONDENT SHALL NOTIFY CLAIMANT OF ANY ADDITIONAL ISSUES TO BE RESOLVED IN THE ARBITRATION AND OF THE NAME OF ITS APPOINTED ARBITRATOR.
    5. THE WRITTEN NOTICE OF CLAIM MUST DESCRIBE THE DISPUTE AND THE RESOLUTION SOUGHT. IF WE DO NOT RESOLVE THE DISPUTE WITHIN 60 DAYS OF RECEIPT OF THE NOTICE, YOU MAY START AN ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). YOU MAY CONTACT THE AAA AND OBTAIN A FREE COPY OF THE RULES AND FORMS NECESSARY TO START AN ARBITRATION PROCEEDING AT WWW.ADR.ORG OR 1-800-778-7879. XIREPAIR WILL REIMBURSE YOU FOR A FILING FEE PAID TO THE AAA, AND IF YOU ARE UNABLE TO PAY A FILING FEE, WE WILL PAY IT IF YOU SEND A WRITTEN REQUEST BY CERTIFIED MAIL TO THE LEGAL DEPARTMENT AT THE ADDRESS PROVIDED ABOVE.
    6. THE ARBITRATOR SHALL ISSUE A DECISION INCLUDING THE FACTS AND LAW UPON WHICH THEIR DECISION IS BASED. IF THE ARBITRATOR FINDS IN YOUR CLAIM FAVORABLE AND CORRECT AND ISSUES A DAMAGES AWARD THAT IS GREATER THAN THE VALUE OF THE LAST SETTLEMENT OFFER MADE BY US OR IF WE MADE NO SETTLEMENT OFFER, AND THE ARBITRATOR AWARDS YOU ANY DAMAGES, WE WILL: (1) PAY YOU THE AMOUNT OF THE AWARD OR $500, WHICHEVER IS GREATER; AND (2) PAY YOUR ATTORNEY, IF ANY, THE ATTORNEY’S FEES AND EXPENSES REASONABLY INCURRED IN THE ARBITRATION. WHILE THE RIGHT TO THE ATTORNEY’S FEES AND EXPENSES DISCUSSED ABOVE IS IN ADDITION TO ANY RIGHT YOU MAY HAVE UNDER APPLICABLE LAW, NEITHER YOU NOR YOUR ATTORNEY MAY RECOVER DUPLICATE AWARDS OF ATTORNEY’S FEES AND EXPENSES. WE HEREBY WAIVE ANY RIGHT WE MAY HAVE UNDER APPLICABLE LAW TO RECOVER ATTORNEY’S FEES AND EXPENSES FROM YOU IF IT PREVAILS IN THE ARBITRATION.
    7. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING.
      1. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE YOUR DISPUTE WITH THE DISPUTE OF ANY OTHER PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
      2. IF THIS SPECIFIC PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT IS VOIDED.
  • CLASS ACTION WAIVER.
    1. ANY CLAIM MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION.
    2. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.
    3. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
  • CLAIM LIMITATION.
    1. YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE ALLOWED BY APPLICABLE LAW, ANY CLAIM RELATED TO THE SERVICES SHALL BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENTS GIVING RISE TO THE CLAIM. FAILURE TO ASSERT ANY SUCH CLAIM DURING THAT ONE-YEAR PERIOD RESULTS IN THE CLAIM BEING FOREVER WAIVED AND BARRED.
  • INTELLECTUAL PROPERTY RIGHTS.
    1. XIREPAIR OWNS OR POSSESS EXCLUSIVE AND/OR ADEQUATE RIGHTS OR LICENSES TO USE ALL MATERIAL TRADEMARKS, TRADE NAMES, SERVICE MARKS, SERVICE MARK REGISTRATIONS, SERVICE NAMES, PATENTS, PATENT RIGHTS, COPYRIGHTS, INVENTIONS, LICENSES, APPROVALS, GOVERNMENTAL AUTHORIZATIONS, TRADE SECRETS AND RIGHTS NECESSARY TO CONDUCT THE SERVICES.
      1. IF YOU SUBMIT FEEDBACK, SUGGESTIONS, COMMENTS OR OTHER IDEAS FOR IMPROVING XIREPAIR OR THE SERVICES (“IDEAS”), YOU AGREE AND ACKNOWLEDGE THAT ALL IDEAS SUBMITTED ARE UNSOLICITED AND XIREPAIR IS FREE TO ACCEPT, DEVELOP, DISCLOSE OR BUILD UPON THE IDEAS YOU SUBMITTED.
  • INDEMNIFICATION.
    1. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD XIREPAIR HARMLESS FROM ANY CLAIM, LOSS, DAMAGE, LIABILITY, PROCEEDING OR OTHER EXPENSE OF ANY KIND THAT MIGHT ARISE OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING IN NO PARTICULAR ORDER:
      1. (A) YOUR USE OR MISUSE OF THE SERVICES;
      2. (B) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT;
      3. (C) YOUR ALLEGED OR REAL BREACH OF THIS AGREEMENT AND ALL PROVISIONS HEREIN;
      4. (D) YOUR ALLEGED OR REAL VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION;
      5. (E) YOUR ALLEGED OR REAL VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES.
    2. XIREPAIR RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH YOU ARE REQUIRED TO INDEMNIFY, AND YOU AGREE TO COOPERATE IN THAT DEFENSE.
  • ENTIRE AGREEMENT AND GOVERNING LAW.
    1. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE PARTIES AND SUPERSEDES ALL PRIOR AGREEMENTS, UNDERSTANDINGS AND ARRANGEMENTS WITH RESPECT TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA.
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