Terms and Conditions

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Repair Terms of Service

Effective Date: Jan 1, 2023.

This Agreement applies generally to all Repair Services and governs the use of such Services as well as the Website operated by i-fix-screens.com, Inc. dba iFixScreens.com, a New York corporation (the “Company”). The Company has developed a comprehensive system, referred to as the “System”, for the operation of stores and mobile units, which primarily offer and sell Repair Services and other ancillary products and accessories. These stores are either owned and operated by the Company’s affiliates or independent owners and franchisees (collectively referred to as “System Operators”).

This Agreement contains a mandatory arbitration provision, which stipulates that any disputes arising from the use of the Services must be resolved exclusively through arbitration, and further waives any right to a jury trial or any class action proceedings. Should you not agree with any of the terms of this Agreement, you are prohibited from using the Services.

Definations

In this Agreement, the terms "Our," "Us," and "We" refer to the Company and its respective parents, subsidiaries, branches, affiliates, agents, employees, successors, and assigns, and, for the purposes of all Sections of this Agreement except Sections 14, 21, and 23, shall also include its System Operators; the terms "You," "Your," and "Yourself" refer to a person or business who uses the Services and any person or entity represented by that individual; the term "Service Authorization & Estimate" refers to the receipt provided to and agreed to by You prior to the commencement of Services, which describes the Services to be performed and the estimated costs; the term "Device" refers to the eligible device, as defined in this Agreement, identified on the Service Authorization, Intake Form & Estimate on which You authorize Us to perform the Services; and the term "Website" refers to

https://ifixscreens.com/https://franchise.ifixscreens.comhttps://sell.ifixscreens.com/https://ifixscreens.co/https://i-fix-screens.com/

Privacy Policy

You acknowledge and agree that when You visit the Website or use the Services, We may utilize automatic or other means (e.g., cookies and web beacons) to collect information about You and Your Device and/or Your access or use of the Website. Additionally, You may be required to provide certain information about Yourself and/or Your Device as a condition of receiving the Services, and the Services may provide You with opportunities to share information about Yourself with others. All information We collect through or in connection with the Services is subject to Our Privacy Policy, which is available at https://ifixscreens.com/about-us/privacy-policy/ and explains Our policies with respect to the collection, use, and disclosure of information related to or derived from Your use of the Website and Services. Therefore, You should read the Privacy Policy carefully and completely. 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 Policy. Because We are unable to guarantee the security of Your personal 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 made available to or accessed by anyone as a result of Your use of the Services, You should immediately change or reset those passwords.

Representations

You must agree and represent to Us that, when seeking Services, You are the owner and/or have the necessary authority to consent to an inspection and repair of the Device. We reserve the right to deny you Services if We determine that You are not the owner and/or authorized user. Additionally, You must represent to Us that any information or data disclosed is not confidential or proprietary to You or any third party.

Authorizations

You are hereby authorizing Us to perform the Services, which may include repairs, technical support, in-home services, and other services as described in the Service Authorization, Intake Form & Estimate, in accordance with this Agreement. When requesting these Services, You give Us your express consent to inspect and repair the Device, and authorize Us to carry out any repairs or modifications necessary to provide the Services. You acknowledge and agree that these modifications may be permanent and irreversible.

Scope of the Services:

You hereby agree to hold Us harmless and to indemnify Us from any and all claims or damages, of whatever kind, arising from the Services.

The Services provided by Us include the repair of Your Device, as well as any applicable operating systems and software applications either on the Device or intended to be used thereon. Such Services may additionally include technical support related to either the repair or the optimization of Your usage of Your Device. Technology recycling may also be included, subject to separate terms and conditions. In performing the Services, We may use new, rebuilt, reconditioned, or refurbished parts, as well as original or non-original parts. You acknowledge that the Services are not provided as part of the original manufacturer’s warranty and that such Services may void any applicable manufacturer’s warranty. You hereby agree to exempt Us from any and all claims or damages that may result from the Services.

• A) DATA ON DEVICE:You bear the sole responsibility for backing up any data on your Device and for deleting, encrypting, or otherwise protecting said data from unauthorized use. i-fix-screens.com, Inc. DBA iFixScreens shall not be held liable for backing up or restoring your data, nor shall it be liable for any data that is lost or corrupted. Furthermore, i-fix-screens.com, Inc. DBA iFixScreens shall not treat data on Your Device as confidential, nor shall it be bound by any agreement with you or other obligation to do so.B) Repair Authorization:I hereby authorize i-fix-screens.com, Inc. DBA iFixScreens to perform the work described in the Work Authorization & Estimate. I understand that services will be rendered for the Estimated Cost (plus applicable tax). I am aware that i-fix-screens.com, Inc. DBA iFixScreens is not responsible (and I assume the risk) for any data loss, data corruption, or breach of data on my device during service. Additionally, I am aware that additional charges may apply if i-fix-screens.com, Inc. DBA iFixScreens determines after further inspection that service is not covered by the applicable manufacturer's Standard Limited Warranty, iFixShield protection plan, or any other extended warranty, if any, for the device, and i-fix-screens.com, Inc. DBA iFixScreens will contact me in such an event via phone call, sms, email, or I will be informed in person. I understand that if this device has been carrier unlocked, the carrier unlock may be removed during the repair, and i-fix-screens.com, Inc. DBA iFixScreens will not be able to alter software from its manufactured state thereafter. Furthermore, I understand that if I fail to return for my device, my device shall be considered “abandoned” following two contact attempts using the contact information provided above within 30 days of repair completion. In addition, I understand that all repairs performed at applicable manufacturer authorized service centers, if any, require a full system update to ensure devices are working properly. I also understand that some existing applications and programs may not be compatible with the updated systems. Moreover, I understand that changing some parts including the screen or battery on some devices will result in a notification on the device that says, unauthorized battery or screen replacement or the repair is not performed by an authorized repair center or the part is non-original. These notifications are normal and do not affect the device's functionalities. These notifications appear for both OEM and NON-OEM parts. We cannot guarantee that the device will maintain its original water-resistant properties post-repair. Customers are advised to avoid exposing their repaired devices to water or moisture. I am also aware that there is no warranty on parts not purchased through i-fix-screens.com, Inc. DBA iFixScreens, no warranty on water-damaged devices, a 180-day warranty on parts installed by i-fix-screens.com, Inc. DBA iFixScreens as long as the part is not physically damaged, no refunds on special orders/out-of-stock parts, and a 30-day warranty on special orders/out-of-stock parts and batteries. Furthermore, I understand that the customer is responsible for labor to reverse any install/service performed, and a non-refundable diagnosis fee applies for motherboard repairs or any repair taking more than 30 minutes and is applied to repair costs if repaired.

Availability of the Services

All eligible Devices are eligible for Service during the operating hours of stores and/or service centers in the System, as determined by System Operators. An individual desiring to use the Services on behalf of Your company may be required to provide identifying information, such as whether they are an owner, member, partner, director, manager, employee, or agent of Your company. For onsite, mail-in, mobile or in-home Services, eligibility is contingent upon the participation of stores, the availability of the Services in Your geographic location, and the eligibility requirements provided in this Agreement. We reserve the right to cancel or refuse Services if We determine that the Service location is cost prohibitive for Our Service technicians to travel to.

Eligibility For Services

Eligible devices for the Services may include, but are not limited to, cellular phones, laptops, tablets, gaming devices, televisions, printers, and smart home products, as determined by Us in Our sole discretion. For Service eligibility and initiation, We must conduct a physical inspection of the device, confirm that the device is eligible, accessible, and serviceable, and that there are no modifications to the device that would make it ineligible or unsafe for the performance of Services. At Our sole discretion, We will determine the eligibility for onsite and in-home Services during the scheduling process, and will confirm eligibility in accordance with this Agreement at the designated Service location.

Back Up

You are solely responsible for safeguarding any software and data housed on Your Device. This includes deleting, encrypting, or otherwise protecting Your data from unauthorized access. We disclaim any responsibility for any loss, alteration, or corruption of any hardware, software, data, or files, regardless of the cause. We may deny the provision of Services to You if We deem that You have not taken appropriate measures to back up Your files. You are responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. We will not hold any data on Your Device in confidence and We disclaim any agreement or obligation to do so..

Abandonment

When the Services are completed and Your Device is ready for pick up, We will make contact with You. If, despite Our attempt to reach You, You fail to pick up Your Device or otherwise make arrangements for its return within thirty (30) days, or any other period of time as mandated by law, it will be considered abandoned and become Our property. In such a case, We reserve the right to dispose of the abandoned property in Our sole discretion pursuant to applicable law, including by selling it, with the proceeds being used to recover administrative and repair costs.

Replacement Devices

Subject to this Agreement regarding Your responsibility to back up Your data, We shall be responsible to the extent provided by applicable law for the physical safety of Your Device while it is in Our possession for Service. Should Your Device be lost, stolen or damaged while it is under Our care for Service, We shall repair or replace it with a device of like kind and quality, as determined by Us in Our sole discretion, which, at Our sole option, may be new or refurbished.

Limited Warranty

Under this Agreement, the repairs and parts used in the Services, as well as any replacement Device, shall be warranted for a period of 180 days from the date the Services are completed (the “Limited Warranty”). This warranty is subject to the provisions and exclusions set forth in this Agreement.

A. Limited Warranty Exclusions: This Limited Warranty does not cover Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer’s intended use, or that have been subjected to abuse, misuse, damage due to external causes, an Act of God, normal wear and tear, battery leakage or damage resulting from battery leakage, mishandling, physical damage, operation outside of design limits, improper repair by someone other than the warrantor, unauthorized modification, excessive corrosion, electrical current, heat, moisture or vibration, improper specification, misapplication, software modifications performed by someone other than the warrantor, updated software, use of unauthorized or unapproved software, viruses, malware, spyware, attempts to modify any software that has been installed by the warrantor, or Devices on which the serial number has been altered, defaced, or is missing. This Limited Warranty covers the following software Services only: factory restores, backups, jailbreaks, and unlocks. This Limited Warranty is non-transferable.B. Ownership of Repaired or Replaced Parts and Devices: Unless state or other laws dictate otherwise, all replaced Devices, components, boards, parts, and equipment shall become Our property, and You shall relinquish any and all rights You may possess under said laws regarding the replaced Device or any repaired or replaced parts.C. Limited Warranty Procedure: If a Device that has been repaired or replaced under the 180-day Limited Warranty malfunctions within the Warranty period, it must be returned to a store or service center within the System for evaluation by Us. The individual responsible for the Device will be responsible for any associated shipping costs. Upon examination, if We determine, in Our sole discretion, that the parts or repairs used to perform the Services were defective, or that the replacement Device is defective, then the Device will be fixed at no cost.D. No-Lemon Policy: For replacement Devices, if three (3) covered repairs have been completed on the Device in accordance with this Limited Warranty, and it requires a fourth (4th) repair within the 180 days period of the Limited Warranty, We shall replace the Device with a substitute Device of the same kind and quality, which may be new or refurbished in Our sole discretion. Should We provide a substitute Device, it shall be warranted under this Limited Warranty for the remainder of the initial 180 days period of the Limited Warranty.

Disclaimer Of All Other Warranties:

THE LIMITED WARRANTY STATED ABOVE SETS FORTH THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY US IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER IS APPLICABLE TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND WEBSITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

Limitation Of Liability

SUBJECT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR THE WEBSITE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION, OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE, OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA), OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THESE LIMITATIONS SHALL APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Modification

This Agreement may be modified by Us at any time. Your continued use of the Services and/or Website shall constitute Your agreement to any such modifications. We reserve the right to suspend or terminate Your use of the Services and/or Website at any time and for any reason, including but not limited to abuse, excessive usage, or failure to pay any fees or charges. We further reserve the right to change the scope or extent of the Services at any time and for any reason. No one other than Us is authorized to modify this Agreement or make any binding representations or claims regarding the Services, whether in advertising, presentations, or otherwise.

Severability & Waiver

The parties hereby agree that if any provision of this Agreement is found to be invalid or unenforceable, it shall be modified in such a way as to be valid and enforceable while preserving its intent and purpose. If such modification is not possible, the provision shall be severed from this Agreement. Further, any failure to enforce a right or term of this Agreement shall not be construed as a waiver of that right or term.