Terms and Conditions

Repair Terms of Service

September 29, 2022

These Repair Terms of Service (the “Agreement”) apply generally to all repair services (the “Services”) and govern your use of the Services and Website (as defined below).

1. Definitions: In this Agreement: (a) the words "Our" and "Us" and “We” mean "Mike's Arcade Repair" and its respective agents, employees, successors and (b) the words "You" and "Your" and “Yourself” mean a person or business who uses the Services and any person or entity represented by that individual; and (c) the word “Website” means http://mikesarcaderepair.com

2. Privacy Policy: You acknowledge that when You visit the Website or use the Services, We may use automatic or other means (including, for example, cookies and web beacons) to collect information about You and Your Device and/or about Your access or use of the Website. You also may be required to provide certain information about Yourself and/or Your Device as a condition to receiving the Services. All information We collect through or in connection with the Services is subject to Our Privacy Policy which is available at http://mikesarcaderepair.com/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. Please 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 cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Us at Your own risk.

3. Authorizations: You authorize Us to perform the Services, including but not limited to repairs, technical support, in-home services, and other services as provided by participating stores, described in the Service Authorization & Estimate, subject to this Agreement. When seeking certain Services, You (a) expressly consent to inspection and repair of the Device, and (b) authorize Us to repair and otherwise effect changes to Your Device to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible.

4. Definition of Estimate: An "estimate" shall be an inspection/service period not to exceed ONE (1) hour in length. Any service/maintenance in excess of this period shall be subject to a new and separate service agreement between Us and You.

5. Scope of the Services: The Services include repair of Your Device and, if applicable, the operating systems and software applications either thereon or intended to be used thereon, and may include technical support services related to either the repair of Your Device or the optimization of Your usage of Your Device. The Services are not provided as part of the original manufacturer’s warranty. If Your Device is under any applicable manufacturer’s or other warranty, You acknowledge that the Services may void the manufacturer’s warranty.

6. Back Up: You are solely responsible for backing up any software or data that is stored on Your Device and deleting, encrypting or otherwise protecting Your data from unauthorized use. We are not responsible for any loss, alteration or corruption of any hardware, software, data or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by You regardless of the cause of any such loss or damage. You are responsible for any and all restoration and reconstruction of lost or altered files, data or programs. We will not treat data on Your Device as confidential and We disclaim any agreement with You or other obligation to do so.

7. Services shall be covered under a 30-day warranty period beginning on the day of completion of services. Pursuant to this, any issues arising from serviced components shall be subject to a free inspection and repair. Any and all issues or faults not under the scope of the original estimate/service agreement shall not be covered under the terms of this warranty. Any issues of this sort shall be subject to a new estimate/service agreement. This warranty is provided at our discretion.

8. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND 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 $50.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Modification: We reserve the right to modify this Agreement, and, where applicable, Your continued use of the Services or Website represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.

10. Severability & Waiver: You and We agree that if any term of this Agreement is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.

11. Claim Limitation. Unless otherwise allowed by applicable law, any claim related to the Services shall be brought within thirty (30) days of the events giving rise to the claim. Failure to assert any such claim during that thirty (30) day period results in the claim being forever waived and barred.

12. Third-Party Content. The Services may expose You to content, websites, products and services created or provided by parties other than Us ("third-party content"). We do not review, endorse or assume any responsibility for third-party content and shall have no liability to You for access to or use of third-party content. You acknowledge and agree that We are not responsible for third-party content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to You or any other person or entity for any third-party content. Third-party content and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Policy do not apply to that third-party content. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Policy do not apply to that third-party content.

13. Indemnification. You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the Services; (b) Your alleged or actual breach of this Agreement; (c) Your alleged or actual violation of any applicable rule, law or regulation; (d) Your negligence or willful misconduct; or (e) Your alleged or actual violation of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.

14. Assignment. This Agreement and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Us, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.

15. Misuse. You shall not misuse the Services or Website, including, without limitation, using the Services or Website in any manner that: (a) interferes with or interrupts the Services or Website or any hardware, software, system or network connected with the Services or Website; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses the Services or Website on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or Website or any other computer software or hardware; (f) removes, disables, circumvents, or otherwise creates or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or Website; or (g) uses any robot, spider, or other automatic device, process, or means to use the Services or Website.

16. Commercially Reasonable Efforts & Technical Problems. We will use commercially reasonable efforts to provide You with the Services and Website. This means that if We are unable to resolve the issue related to Your Device after making commercially reasonable efforts, We have the right, at Our sole discretion, to refuse to take any further steps to resolve the issue related to Your Device. Additionally, in some instances, We may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve the issue related to Your Device. Some technical problems that You encounter when using Your Device may be the result of software or hardware errors not yet resolved by the hardware or software vendors, manufacturers or developers, in which case We may not be able to resolve Your specific issue. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.