Welcome to GadgetMates! By using our website, contacting, using our services, or purchasing from us, you agree to be bound by the following Terms and Conditions. Please read them carefully.
Overview:
GadgetMates operates this website and provides various tools, information, and services to users who accept the terms stated here. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors. This website is operated by GadgetMates. Throughout the site, the terms “we”, “us” and “our” refer to GadgetMates. GadgetMates offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
IMPORTANT: PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND GADGETMATES BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GADGETMATES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST GADGETMATES. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Changes to Terms:
We reserve the right to update or modify any part of these Terms of Service. It is your responsibility to review this page periodically for any changes. Your continued use of the website after any modifications constitutes your acceptance of the updated Terms.
Trademarks:
All trademarks and trade names used on this site belong to GadgetMates and are protected by law. GadgetMates is not affiliated with Apple Inc. or Google Inc.
Apple®, the Apple logo, Apple TV®, iPod®, iTunes®, iPhone®, iPad®, Mac®, Macbook® is a registered trademark of Apple®, and GadgetMates is not affiliated to Apple® Inc. Android® Galaxy®, Note® are registered trademarks of Google®, GadgetMates is not affiliated with Google Inc.
TERMS OF USE AGREEMENT
This document constitutes the agreement (the “Agreement”) between you and GadgetMates (“GadgetMates,” “we,” or “us”), the operator of gadgetmates.com and related websites, applications, services, and mobile applications, and all associated services (collectively, the “Services”) provided by GadgetMates. By accessing and/or using our Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with these terms and conditions, you may not use the Services. Throughout this Agreement, “you” refers to any visitor, user, or other person accessing our Services, whether or not they have registered for a GadgetMates Account.
Termination of your use of the Services does not release you from the obligations and liabilities set forth in this Agreement, including your indemnification obligations and any unauthorized use of the Services. Any rights or licenses granted to us under this Agreement will survive such termination.
GadgetMates’s collection and use of Personal Data in connection with the Services are described in GadgetMates’s Privacy Policy and GadgetMates’s Cookies Policy (“Personal Data” as defined therein).
We reserve the right to modify these Terms of Use at any time to align with the changes in our Services. If any modifications are made, we will provide notice on our website, through email, or by other means. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms of Use.
Unless otherwise specified, disputes arising from this Agreement will be governed by the version of the Agreement in effect at the time the dispute arises. No other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.
We may introduce new features, substitute existing Services, or suspend or discontinue any part of the existing Services. GadgetMates will not be liable for any suspension, discontinuation, or unavailability of the Services or any part thereof. Any use of new features or services will be subject to this Agreement.
If you create a GadgetMates Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on their behalf and bind them to its terms.
YOUR RESPONSIBILITIES
Your GadgetMates Account Credentials
When creating a GadgetMates Account or scheduling an appointment through the GadgetMates platform, you will be required to provide an email address, contact number, or create a password (collectively referred to as “Credentials”). It is essential to keep your Credentials confidential and not share them with anyone else. If your password is stolen or compromised, you must notify us immediately by sending an email to contact@gadgetmates.com. You are responsible for providing accurate, complete, and updated registration information about yourself. You may also have the option to connect to the Services through a third-party company, such as Facebook, Inc., Google LLC (“Google”), or Apple Inc. (“Apple”). By connecting to the Services through a third-party service, you grant us permission to access and utilize your information from that third-party service as permitted by the service’s terms, and to store your log-in credentials for that third-party service. You have control over the amount of information accessible to us and can exercise such control by adjusting your privacy settings on the third-party services. GadgetMates has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, or practices, or opinions expressed by any third-party service.
THIRD PARTY LINKS AND SERVICES
Links to Other Websites
During your use of the site, you may come across links to other websites. These links are provided solely for your convenience, and we do not endorse the content, products, or services offered by these websites. You acknowledge and agree that we shall not be responsible or liable for the accuracy or content of these other websites. While we strive to link to trustworthy websites, it is possible that they may contain objectionable, unlawful, or inaccurate materials, and we shall not be held responsible or liable for the legality or decency of the content accessed through such websites. By using the Services, you release us from any and all liability arising from your use of any third-party website or service. Any interactions you have with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and those organizations or individuals. You should conduct your own investigation before proceeding with any online or offline transaction with any of these third parties. You agree that GadgetMates shall not be responsible or liable for any loss or damage incurred as a result of such dealings.
Third Party Software
Certain Services may incorporate third-party software, including open-source third-party software. Your use of such third-party software is subject to any additional terms and conditions governing such use, as provided by the respective software provider. We may provide additional notices regarding the third-party software, which may include attribution and disclaimer notices specific to the third-party software.
REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT
By posting Information through our website, via email, or to 3rd party reviews sites we refer you to, you agree to grant to GadgetMates, its affiliates, agents, and contractors, an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid-up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information. This license also includes the right to adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise fully exploit such Posted Information. By granting this license, you represent and warrant that you have the necessary rights to do so without infringing upon or violating any third-party rights, including but not limited to privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not post Posted Information that is false, fraudulent, or misleading, or that does not accurately reflect your opinions and experiences.
You understand and agree that in order for GadgetMates to provide the Services to our users, including yourself, certain technical modifications may need to be made to your Posted Information to conform and adapt it to the technical requirements of connection networks, devices, services, or media. The aforementioned licenses encompass the rights necessary to make such changes.
Posted Information is the sole responsibility of the individual or entity from whom it originated and does not reflect the views or opinions of GadgetMates. GadgetMates assumes no liability for Posted Information or for any claims, liabilities, or losses arising from such Posted Information.
We also welcome and encourage you to provide feedback, comments, and suggestions for improving the Services (“Feedback”). You may submit Feedback to us via email, our social networking accounts, or other means of communication. Any Feedback you provide to us will be considered non-confidential and non-proprietary. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish such Feedback for any purpose, without compensating you.
YOUR USE OF CONTENT
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain proprietary information owned by GadgetMates. We grant you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by allowing you to use the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose. Except as expressly provided herein, neither GadgetMates nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by GadgetMates are retained by GadgetMates.
Warranty Disclaimer:
We offer a limited warranty only for the part we replace. Please note that any additional issues with the phone or damages beyond the replaced part are not covered by the warranty. We do not guarantee uninterrupted or error-free functionality of the site, nor do we warrant the accuracy or usefulness of the materials provided. Some jurisdictions may not allow limitations on warranties, so certain provisions may not apply to you.
Phone will be inspected before return, and no extra issues with the phone will be covered.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. GadgetMates does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GadgetMates does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Repair and Estimation Terms:
When placing an order for repair or estimation, you certify that you are the rightful owner of the device and agree to certain conditions. Repairing or attempting repair on a phone can cause issues, and all repair work, attempts, and parts are non-refundable. Physical or liquid damage, data loss, and further damage resulting from estimation or repair attempts are not our responsibility. If you provide your own parts, the warranty does not apply, and liquid damage repairs may require additional replacement parts.
By placing an order for repair, estimation, or a free estimate service you certify that you are the devices rightful owner and that you agree and understand the following:
Repairing or attempting repair on a phone can cause the device not to power on under certain circumstances.
All repair work, attempts, and parts are not refundable.
Any physical damage and or liquid damage will not be covered by warranty.
GadgetMates is not responsible for any data loss.
GadgetMates is not responsible for any further damage that may result from any estimation or repair attempt.
If customer supplies parts or spares for repair, warranty does not apply.
Water and liquid damage repairs may require additional replacement parts that will be quoted to the customer at time of liquid damage assessment.
Limitation of Liability:
GadgetMates shall not be liable for any special or consequential damages resulting from the use of the site or its products. Applicable law may not permit the limitation of liability, so certain restrictions may not apply to you.
GadgetMates shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if GadgetMates has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term; Termination:
These terms and conditions are effective upon accessing the site or completing the registration process. GadgetMates may terminate these terms and conditions at any time without notice, for any reason. Certain provisions such as Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive termination.
Notice:
GadgetMates may provide notice through email, general notices on the site, or other reliable methods to the address you have provided.
Use of Site:
Harassment, impersonation, and abusive language are strictly forbidden on the site. You may not publish objectionable or illegal content or use the site for commercial purposes without permission.
Impersonation of others, including a GadgetMates or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
STORE TERMS
WE ARE ONLY RESPONSIBLE FOR THE PART WE REPLACE.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
If a GadgetMates product is mistakenly listed at an incorrect price, GadgetMates reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. GadgetMates reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GadgetMates shall issue a credit to your credit card account in the amount of the incorrect price.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ICONS ON SITE
Icons made by Freepik from www.flaticon.com is licensed by CC BY 3.0
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GadgetMates, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
DISCLAIMER
You acknowledge that GadgetMates has no control over and no obligation to take action regarding: (a) the admission of users to the Services; (b) the Content accessed by you; (c) the potential impact of the Content on you; (d) your interpretation or utilization of the Content; or (e) the actions you may undertake as a result of exposure to the Content. By using the Services, you release GadgetMates from any liability arising from your use or inability to use any Content. The GadgetMates Parties, including GadgetMates, its licensors, suppliers, partners, parent company, subsidiaries, affiliated entities, officers, directors, members, employees, consultants, contract employees, representatives, agents, successors, and assigns, make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The GadgetMates Parties shall not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. GadgetMates has no special relationship or fiduciary duty to you.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BY GadgetMates AND ITS LICENSORS AND SUPPLIERS. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES REGARDING THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE CANNOT ENSURE THAT YOU WILL BE ABLE TO USE THE SERVICES (DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT YOUR DESIRED TIMES OR LOCATIONS. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY STATED HEREIN, GadgetMates MAKES NO WARRANTIES REGARDING THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. GadgetMates DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE, OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.
GENERAL LIMITATION OF LIABILITY
Your exclusive remedy for any dispute with GadgetMates is the cancellation of your GadgetMates Account. In no event shall our cumulative liability to you, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to create or maintain a GadgetMates Account for use of the Services; or (b) $100. However, for any claims relating to or arising from your use of the Transaction Processing Services, our cumulative liability, regardless of the form of action, shall not exceed the total amount of transaction processing fees, if any, remitted to and retained by GadgetMates for providing transaction processing services for appointments made by you in the six (6) months prior to the event giving rise to the applicable claim.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE GadgetMates PARTIES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
TERMINATION
GadgetMates reserves the right to terminate, suspend, and/or deactivate your GadgetMates Account immediately and without notice if you fail to comply with this Agreement or other policies and terms posted through the Services, or if someone unauthorizedly uses your Credentials. We may also terminate, suspend, or deactivate your GadgetMates Account for any other reason, including prolonged inactivity. GadgetMates shall not be liable to you or any third party for any termination, suspension, or deactivation of your access to the Services. Additionally, you agree not to attempt to use the Services after any such termination, suspension, or deactivation (except in cases where deactivation is solely due to inactivity, and you are permitted to create another GadgetMates Account). Account termination may result in the permanent removal of any content associated with your GadgetMates Account.
GadgetMates reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including, but not limited to, removing any offending communication from the Services, terminating the GadgetMates Account of such violators, and blocking their use of the Services.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless GadgetMates and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Upon our request, you agree to undertake the defense, indemnification, and hold harmless the GadgetMates Parties from any and all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, arising from or related to: (a) your use of the Services; (b) the violation of this Agreement, including but not limited to these Terms of Use, the Acceptable Use Policy, and Community Standards; (c) the violation of any intellectual property or other rights of any person or entity; or (d) any unauthorized use of your Credentials. This indemnification obligation does not apply to liabilities, claims, and expenses arising due to our own gross negligence or intentional misconduct.
ARBITRATION AGREEMENT
We hope that any disagreements you may have with GadgetMates can be resolved amicably. However, if there is a dispute that requires further resolution, the following ARBITRATION AGREEMENT will govern the process. Please read this section carefully, as it requires you to arbitrate certain disputes and claims with GadgetMates and restricts the manner in which you can seek relief from GadgetMates. Both you and GadgetMates acknowledge and agree that, for the purpose of any dispute arising from or relating to the subject matter of these Terms of Use, GadgetMates’s officers, directors, employees, and independent contractors (“Personnel”) are considered third-party beneficiaries of these Terms of Use. By accepting these Terms of Use, Personnel are granted the right (and shall be deemed to have accepted the right) to enforce these Terms of Use against you as third-party beneficiaries.
Arbitration Rules; Applicability of Arbitration Agreement
The parties shall make their best efforts to settle any dispute, claim, question, or disagreement arising from or relating to the subject matter of these Terms through good-faith negotiations, which shall be a prerequisite for initiating arbitration by either party. If such negotiations fail to resolve the dispute, it shall be finally settled through binding arbitration in Clark County, Nevada. The arbitration proceedings shall be conducted in English, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“Rules”) in effect at that time, by a single commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators as specified in the Rules. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
Small Claims Court; Infringement
Either you or GadgetMates may assert claims, if eligible, in small claims court in Clark County, Nevada, or any United States county where you reside or work. Notwithstanding the aforementioned obligation to arbitrate disputes, each party retains the right to seek injunctive or other equitable relief at any time from any court with competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Waiver of Jury Trial
YOU AND GadgetMates WAIVE ANY RIGHTS, WHETHER CONSTITUTIONAL OR STATUTORY, TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Instead, you and GadgetMates choose to have claims and disputes resolved through arbitration. Arbitration procedures are typically more limited, efficient, and cost-effective than those applicable in court and are subject to very limited review by a court. In any litigation between you and GadgetMates regarding the enforcement or vacation of an arbitration award, YOU AND GadgetMates WAIVE ALL RIGHTS TO A JURY TRIAL and agree to have the dispute resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. However, if the waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor GadgetMates will be entitled to arbitration. Instead, all claims and disputes will be resolved in a court.
Opt-out
You have the right to opt out of the provisions in this Section by sending written notice of your decision to opt out to the following address: GadgetMates, Attn: Legal, 9480 S Eastern Ave #175, Las Vegas, NV 89123. The notice must be postmarked within thirty (30) days of your initial acceptance of these Terms and must include: (i) your name and residence address; (ii) the email address and/or telephone number associated with your account; and (iii) a clear statement expressing your desire to opt out of the arbitration agreement contained in these Terms.
Exclusive Venue
If you submit the opt-out notice as described above or in any circumstances where the aforementioned arbitration agreement allows either party to litigate any dispute arising from or relating to the subject matter of these Terms in court, then the arbitration agreement will not apply to either party. Both you and GadgetMates agree that any judicial proceeding (except for small claims actions) shall be brought in the state or federal courts located in Clark County, Nevada, or the federal district encompassing that county.
Electronic Contracting; Copyright Dispute
By using the Services and/or creating a GadgetMates Account, you acknowledge and agree that your affirmative act constitutes an electronic signature to this Agreement, which includes our Privacy Policy. This Agreement and any other documents related to the Services may be electronically signed, and any electronic signatures appearing on this Agreement or such documents are considered equivalent to handwritten signatures for the purposes of validity, enforceability, and admissibility.
SMS/Text & Email Communications
By voluntarily providing your cell phone number and email address to GadgetMates, you consent to GadgetMates or any of our partner repair shop owners, technicians, or sales representatives contacting you through telephone, SMS, or MMS messages to send you information that we believe may be of interest to you at the provided phone number or email address.
You hereby give your consent to receiving such communications for transactional, operational, or informational purposes, and you represent and warrant that each person for whom you register for the Services or provide a wireless phone number has also consented to receiving communications from GadgetMates. You agree to indemnify and hold GadgetMates harmless from any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or related to your violation of the aforementioned provision.
Please note that message and data rates from your mobile telephone service provider may apply, subject to the terms and conditions imposed by your provider. You have the option to opt out of receiving text messages at any time by adjusting your notification settings in your account or following the provided instructions. However, please be aware that opting out of receiving all texts may affect your use of the Services.
If you change or deactivate the phone number you provided to GadgetMates, you have an affirmative obligation to update your account information and the phone number(s) associated with your account to prevent inadvertent communication with any party that acquires any previously attributed phone number(s) or any new phone number(s) attached to your account. Any new phone number(s) you attach to your account may receive GadgetMates’s standard SMS messages unless you also unsubscribe through the procedures outlined above.
Limitation of Claims
No action arising under or in connection with this Agreement, regardless of its form, may be initiated by you more than one (1) year after the cause of action arose. Actions brought after this period are permanently barred.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Nevada.
Severability
In the event that any provision or provisions of this Agreement are determined to be invalid, illegal, or unenforceable for any reason, the remaining provisions of this Agreement shall remain unaffected and continue in full force and effect. Moreover, the invalid, illegal, or unenforceable provision shall be replaced by a provision that best reflects the intentions of the parties underlying the said provision. However, if no such provision is valid, legal, and enforceable, the invalid, illegal, or unenforceable provision shall be limited or eliminated to the minimum extent necessary to ensure that the other provisions of this Agreement remain fully enforceable and binding.
Governing Law; Language
This Agreement shall be deemed to have been executed and shall be interpreted and enforced in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York, as applicable to contracts made and to be performed exclusively within New York. The state’s conflicts of law statutes shall not be given effect. This Agreement, along with all referenced documents, including the Privacy Policy, has been drafted in the English language, and any translations thereof shall not be binding on either party in the event of conflicts with the English versions.
Entire Agreement; Waiver
This Agreement, together with any supplementary terms, policies, rules, and guidelines posted through the Services, all of which are incorporated herein by reference, including the Privacy Policy, constitute the complete and final agreement between you and us, superseding all prior written or oral agreements. The failure of either party to exercise any right provided for in this Agreement shall not be deemed a waiver of any further rights under this Agreement.
Headings
The section headings in this Agreement are provided for convenience purposes only, do not form an integral part of this Agreement, and shall not in any way limit, define, describe, modify, interpret, or construe the meaning, scope, or intent of this Agreement or any of its terms and conditions.
Assignment
We reserve the right to assign this Agreement, at any time and at our discretion, including but not limited to any parent, subsidiary, or affiliated company, or as part of the sale, merger, or transfer of our business or assets to another entity. However, you may not assign, transfer, or sublicense this Agreement to any third party, and any attempt to do so in violation of this provision shall be deemed null and void.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Eligibility
Please be advised that in order to create an account or utilize the services provided, you must meet certain eligibility requirements. Specifically, you must be either 18 years of age or older, or of the legal age required to enter into a binding contract in your jurisdiction, if such legal age surpasses 18 years. It is important to note that individuals under the age of 13 are strictly prohibited from using the Services. If you fall within the age range of 13 to 18, or the relevant legal age in your jurisdiction, you may only use the Services under the supervision and consent of your parent or legal guardian, who must also agree to these Terms of Use. By using the Services on behalf of a minor child, you hereby confirm and warrant that you are the parent or legal guardian of said child, and any reference to “you” within these Terms of Use shall encompass the aforementioned child or any other individual on whose behalf you have been duly authorized to enter into these Terms of Use.
If you do not qualify under these Terms of Use, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@gadgetmates.com
Gadgetmates
Re: Compliance Officer
9480 S. Eastern Ave #175
Las Vegas NV 89123
United States