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Terms & Conditions

SCOPE OF USE

RepairShare, Inc., on behalf of itself and for the benefit of its affiliates and subsidiaries (“We”, “Us” and “Our” and any derivation thereof) provides this Website (the “Website”) to you, the user of the Website (“You”), for Your informational, noncommercial use, and subject to the following Terms of Use (the “Terms”). You shall use the Website strictly in accordance with these Terms and in a manner consistent with all applicable local, state, national and international laws and regulations. Use of the Website is limited to persons eighteen (18) years of age or older. Using this Website 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 for You to use the Website in violation of any applicable laws and regulations or in violation of the rules of any of Our service providers. Certain other programs or services provided by Us through linked websites or other channels may have additional terms and conditions regarding Your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Neither these Terms, nor any content, materials, features, or products and services of the Website create any partnership, joint venture, employment, or other agency relationship between You and Us. You may not enter into any contract on Our behalf or bind Us in any way.

ACCEPTANCE OF TERMS

Please read these Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the terms of our privacy policy which can be viewed here: https://www.RepairShare.com/privacy-policy/ hereinafter the (“Privacy Policy”). This Privacy Policy explains Our practices relating to the collection and use of Your information through or in connection with Our Website. The Privacy Policy is incorporated into these Terms, and governs Our use of Your information and any information You submit or otherwise make available to us in connection with the Website. IF YOU ARE UNWILLING TO ACCEPT THESE TERMS YOU MAY NOT USE THIS WEBSITE.

MODIFICATIONS

We reserve the right to modify this Website and update the rules and regulations governing its use, at any time, including, without limitation, these Terms. Modifications will be posted on the Website and the “Last Updated” date at the top of this web page will be revised. All modifications are effective immediately when We post them and apply to all access to and use of the Website there. You understand and agree that if You use this Website after the date on which the Terms have changed, We will treat Your use as acceptance of the updated Terms. We may make changes in the products and/or services described in this Website at any time. Your are expected to check this page from time to time so you are aware of any changes as they are binding on you.

REGISTRATION

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by OUR Privacy Policy and You consent to all actions we take with respect to your information consistent with the terms of Our Privacy Policy. If You use any of Our services and provide Us any information through the Website, such as Your name, phone number, contact details, email address, wireless carrier information, Your password and/or personal identification number (PIN) (collectively, Your “Account Data”) for any accounts associated with Your device (“Your Account(s)”), 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, then We have the right to restrict, terminate or refuse any and all current or future access or use of the Website (or any portion thereof) in our sole discretion and without notice.

WEBSITE ACCESS

We reserve the right to withdraw or amend the materials contained on or displayed on the Website including the operation and offering of Website itself in our sole discretion without notice. Your account gives You access to certain portions of the Website and functionality that We may establish and maintain from time to time and in Our sole discretion. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website to users, including registered users. We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason including if in Our opinion You have violated any of these Terms. You are responsible for making all of the arrangements necessary for You to have access to the Website. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms and comply with them.

CONNECTION REQUIREMENTS

You are responsible for providing and maintaining, at Your own risk, option and expense, any hardware, software and communication lines required to access and use the Website, and We reserve the right to change the access configuration of the Website at any time without prior notice.

SECURITY

You are responsible for any activity that occurs through Your account and You agree You will not sell, transfer, license or assign Your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, We prohibit the creation of and You agree that You will not create an account for anyone other than Yourself. If You are using the Website on behalf of a legal entity, You represent that You are authorized to enter into and agree to these Terms on behalf of that legal entity. We reserve the right to take any action that We deem necessary to ensure the security of the Website and Your Account, including without limitation changing Your password, terminating Your Account, or requesting additional information to authorize transactions on Your Account. You are solely responsible for keeping Your Account Data and any security questions and responses associated with Your Account confidential. Anyone with knowledge of or access to Your Account Data or the security questions and responses associated with Your Account can use that information to gain access to Your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep Your Account Data and the security questions and responses confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security. You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by Us and Our service providers, of any information and data related to or derived from Your use of the Website.

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR MALWARE. USE OF THE WEBSITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

DISCLAIMER

Certain products and services described on the Website may not be available to all users. We are not an insurance company and do not insure risk, and do not sell, market, or otherwise provide insurance. The Website, and any Content provided on the Website, is made available for general informational purposes and not to provide insurance. Any Content provided on the Website and other information contained on the Website has been prepared as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. We have used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the Website. You must rely on information from the Website at Your own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should You purchase a product or service from Us or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and Your use of the Website does not affect that purchase in any manner. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCT OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TRADEMARKS

The trademarks, service marks, trade dress, designs, and logos (collectively, "Trademarks") displayed on this Website are Our registered and unregistered Trademarks or Our licensors. You agree that without Our prior written permission, You will not (i) attribute any information to Us or Our licensors in any public medium (e.g., press releases or websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, or (ii) use or reproduce any Trademark of, or imply any endorsement by or relationship with Us, or Our licensors. Nothing on this Website or in these Terms of Use should be construed as any license or right to use any Trademarks displayed on this Website without Our express written permission or the owner of such Trademark.

RESTRICTIONS ON USE – CONTENT and COPYRIGHT

This Website and the content (as defined herein) contained on this Website is protected by U.S. and international copyright laws. You may not modify, reproduce or distribute the content, design or layout of the Website or individual sections of the content, design or layout of the Website 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 Website are Our exclusive property (the “Content”). We reserve all of Our rights in the Website and its Content. You may download information from the Website and print out a hard copy for Your personal use provided that You keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. You agree that you will not (i) reproduce, publish, transmit, distribute, or commercially exploit in any way any of the Content, (ii) modify or create derivative works from the Content, (iii) use any of the Content in any public display, performance, sale or rental, (iv) decompile, disassemble or otherwise reverse engineer the Content, or (v) remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or the Content. We do not warrant or represent that Your use of Content, products and services, or any other materials displayed on the Website will not infringe rights of third parties.

USER CONTRIBUTIONS and CONTENT STANDARDS

Your comments and suggestions (“User Contributions”) regarding this Website are welcome, provided that such comments and suggestions meet the following content standards (the “Content Standards”). User Contributions shall not be obscene, threatening, harassing, abusive, defamatory, invasive of privacy, infringe upon intellectual property rights, or otherwise objectionable or injurious to third parties. User Contributions may not promote or endorse any illegal activity. User Contributions may not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any User Contribution. We value User Contributions, however, Our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that We have specifically requested. This is to avoid any misunderstandings if your ideas are similar to those We have developed independently. We therefore request that You be specific in your User Contributions and not submit creative ideas, inventions, suggestions or materials. All User Contributions will (i) constitute an assignment to RepairShare, Inc. of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in any such submission; (ii) become Our property, and (iii) will not be subject to any obligation of confidentiality on Our part. We are entitled to unrestricted use of any User Contribution for any purpose whatsoever, commercial or otherwise, without attribution or compensation to You or any other person who submitted such information.

MONITORING, ENFORCEMENT, and TERMINATION

We do not actively monitor general use of the Website under normal circumstances or exercise editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Website. We reserve the right to do so in Our sole discretion, and may remove or refuse to post any contribution made by any party for any or no reason in our sole discretion. We many any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Us. We may disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy. We reserve the right to block , terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use, and take any and all legal action We deem necessary to enforce and protect Our rights.

COPYRIGHT INFRINGEMENT NOTICE

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 Us at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the Content on this Website that you request be removed, (iii) your name, address, daytime telephone number, and email address, if available, (iv) a statement that You have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is the owner of, or is authorized to act and assert infringement on behalf of the owner of, the right You believe to be infringed, and (vi) the signature of the owner of the right that You believe to be infringed or a person authorized to assert such infringement on behalf of the owner. We will process infringement claims in accordance with applicable law and will remove any Content on this Website that infringes the copyright or other intellectual property right of any person under United States law. Statements of infringement under this section should be submitted to Us as follows: RepairShare, Inc. 50 Braintree Hill Office Park, Suite 310, Braintree, MA 02184, Attn: Legal Department.

NO RELIANCE

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents. From time to time the Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Our opinion. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third party.

LINKING TO THE WEBSITE and SOCIAL MEDIA

You may link to the Website, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written approval. Any website from which You are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice and for any reason and may disable all or any social media features and any links at any time without notice in our sole discretion.

INDEMNITY

You agree to defend, indemnify, and hold Us and Our officers, directors, partners, stockholders, affiliates, employees, and agents harmless from and against any loss, damage, expense, liability, claim, action or demand (including, without limitation, reasonable legal and accounting fees) that We or any such person may incur arising from your use of this Website, including but not limited to, any claims alleging a breach by you of these Terms of Use. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and, in such case, You agree to cooperate with Us in Our defense of such claim.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITES (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; AND (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE THIS WEBSITE, 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 WEBSITE 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 WEBSITE, OR RELATED INFORMATION OR PROGRAMS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US AND OUR AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE WEBSITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE WEBSITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT. NOTE: 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 state law.

THIRD PARTY WEBSITES

This Website may contain links to websites that are not maintained by Us. We try to include links only to websites that maintain generally acceptable community standards and are safe for users of this Website. We are not responsible for the content or accuracy of any website other than this Website, and We cannot guarantee that any such third-party’s website will not change without our knowledge. The inclusion of a link to a third-party’s website in this Website is provided only as a convenience and such links are not and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by Us of any information contained in any such third-party website. If You use any link on this Website to access a third-party’s website, You do so at Your own risk and subject to the terms of use and privacy policies, if any, of that website.

RULES FOR SURVEYS

Any surveys or other similar voluntary customer information collection and analysis efforts (collectively, “Surveys”) made available through the Website will be governed by additional specific terms that are separate from these Terms. By participating in any such Survey, You will become subject to those terms, which may vary from the terms and conditions set forth herein. We urge You to read the applicable terms, which are linked from the particular Survey, and to review our Privacy Policy which, in addition to these Terms, governs any information You submit in connection with any such Survey.

ELECTRONIC COMMUNICATIONS

When You visit the Website or send e-mails to Us, You are communicating with Us electronically. By providing Us Your email address, You consent to Our using the email address to send You notices related to the Website, including any notices required by law, in lieu of communication by postal mail. By providing Us Your email address You further consent to Our use of Your email address to service any purchases made by You, including but not limited to the provision of documents, contracts, agreements, receipts, payment reminders, renewal reminders, service updates and termination of services when applicable. You agree that We may also communicate with You by e-mail or by posting notices on the Website regarding marketing matters including but not limited to collateral benefits, special offers, and promotions. We may also use Your email address to send You other messages, such as changes to features of the Website. You agree that the foregoing notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date We transmit any such electronic communication as described in these Terms. Please see Your service specific terms and privacy policy for information on opting out of electronic.

GOVERNING LAW

We operate this Website from offices within the United States of America. We make no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the contents of the Website may be illegal is prohibited. Those who choose to access this Website from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By using the Website, regardless of where You live or are located in the world, You consent to these Terms and any claims relating to the information, services or products made available through this Website will be governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding the application of its conflicts of law rules. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts within the Commonwealth pf Massachusetts and You hereby consent to the personal jurisdiction and venue of such courts. You agree that any claim You may have arising out of or related to Your use of the Website or Your relationship with Us must be filed within one (1) year after such claim arose; otherwise, Your claim is permanently barred. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of these Terms. You agree that any violation, or threatened violation, by You of these Terms constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity. We may assign these Terms or any part of them without restrictions. These Terms, the Privacy Policy, and other policies We may post on the Website constitute the entire agreement between Us and You in connection with Your use of the Website and the Content, and supersedes any prior agreements between Us and You regarding use of the Website, including prior versions of these Terms. The section headings are for convenience and do not have any force or effect.

INTEGRATION

The Terms of Use and Our Privacy Policy constitute the sole and entire agreement between You and Us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.