Terms of Sale
Revision 1.2 (March 31, 2014)
Certain products and services may from time to time be made available
to you ("you" or "User") by RepairTrack.com, Inc. or its corporate affiliates
(collectively, "us", "we" or "the Company") through the RepairTrack.com
web site (the "Site") and service ("RepairTrack.com" or the "Service").
By purchasing any products or services through RepairTrack.com , you signify
that you have read, understand and agree to be bound by the Terms of Sale
in effect at the time of purchase ("Terms of Sale"). Your purchases and
your use of RepairTrack.com are also governed by the RepairTrack.com Terms
of Service ("Terms of Service"), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice
at any time, in Company's sole discretion, and such changes shall apply
to any purchases made after such changes are posted to the Site. Therefore,
you should review these Terms of Sale prior to each purchase so you will
understand the terms applicable to such transaction. If you do not agree
to these Terms of Sale, do not make any purchases on RepairTrack.com.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS
HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on RepairTrack.com, you must be a registered RepairTrack.com
User and comply with these Terms of Sale (including the Terms of Service).
You acknowledge that you are responsible for maintaining the security of,
and restricting access to, your account and password, and you agree to
accept responsibility for all purchases and other activities that occur
under your account. RepairTrack.com sells its products only to those users
who can legally make purchases with a credit card. RepairTrack.com reserves
the right to refuse or cancel orders or terminate accounts, at any time
in its sole discretion.
Subscription Service Terms
RepairTrack.com may offer certain services on the site on a subscription
basis with recurring payments (“Subscription Services”). You agree to pay
your subscription fee in advance of receiving any such Subscription Service.
RepairTrack.com reserves the right to discontinue or modify any subscription
fee payment option at any time without notice. Also, if you are signing
up under any promotional subscription fee, some additional restrictions
may apply.
If you choose a Subscription Service (including any pre-paid subscription
option which reverts to a monthly payment plan at the expiration of the
pre-paid period), you agree that RepairTrack.com may automatically charge
the subscription fee to your chosen payment method at the beginning of
each period. Your access to the RepairTrack.com Subscription Service will
not be established until RepairTrack.com has verified that the credit card
or other payment information you provide RepairTrack.com for payment is
accurate and that your credit card account or other payment method account
is in good standing. You further agree that RepairTrack.com may charge
any other applicable fees for the RepairTrack.com Service, including any
early termination fee, to your credit card. RepairTrack.com reserves the
right to suspend or terminate your access to the RepairTrack.com Service
without notice upon rejection of any credit card charges or if your card
issuer (or its agent or affiliate) seeks return of payments previously
made to RepairTrack.com when RepairTrack.com believes you are liable for
the charges.
You are required to keep your billing information current, complete and
accurate (such as a change in billing address, credit/debit card number
or expiration date) and notify RepairTrack.com if your selected payment
method is canceled (e.g., for loss or theft). You are responsible for all
charges incurred under your account made by you or anyone who uses your
account. You agree to pay any outstanding balance in full within thirty
(30) days of purchase of a particular product or service on the RepairTrack.com
Service. All fees not paid to RepairTrack.com by you within thirty (30)
days of when such fees become due and payable in accordance with this Agreement
shall be subject to a finance charge of one and one half percent (1.5%)
per month interest, or the maximum allowable under applicable law, whichever
is less, with such interest charges starting on the due date for such fees,
plus any related collection and legal costs actually incurred by RepairTrack.com
in connection with RepairTrack.com’s collection of such fees. Additionally,
RepairTrack.com reserves the right to deactivate Subscription Services
to your account if payment is past due, regardless of the dollar amount.
PLEASE NOTE: If a purchase has been declined online due to issues with
your payment account, ensure all data is correct and resubmit. If the transaction
is not accepted online, please contact us at [help@RepairTrack.com].
RepairTrack.com may impose an additional transaction fee based on transactions
associated with RepairTrack.com, including a transaction fee applied to
purchases from third parties. Such transaction fee will be disclosed to
you prior to your agreement to the relevant transaction.
Payment Method and Terms
We accept Visa, MasterCard, and Discover credit cards and certain debit
cards, as forms of payment. By submitting an order through RepairTrack.com,
you authorize the Company, or its designated payment processor, to charge
the account you specify for the purchase amount. All payments are to be
made in United States Dollars.
Delivery
With respect to services you purchase through the Site, you acknowledge
and agree that upon making such services available to you (or to their
intended authorized recipients), Company will have fully satisfied its
obligation to deliver or otherwise provide such services, regardless of
any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products
and services to provide you with new products and services. Company may
revise, discontinue or modify products or services at any time without
prior notice to customers, and products or services may become unavailable
without notice. Company shall have no liability of any kind if a product
or service that has been ordered is unavailable. If necessary, Company
reserves the right to substitute items of equal or greater value when an
item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on RepairTrack.com,
however we do not warrant that any product, service or description, photograph,
pricing or other information is accurate, complete, reliable, current,
or error-free. In the event of an error, whether on the Site, in an order
confirmation, in processing an order, delivering a product or service or
otherwise, we reserve the right to correct such error and revise your order
accordingly if necessary (including charging the correct price) or to cancel
the order and refund any amount charged. In addition, we may, in lieu of
a refund as provided in this paragraph, opt to provide you with a merchandise
or service credit (including without limitation issuing, at our option,
RepairTrack.com Credits as described below), with a value at least equal
to the amount charged to your credit card. RepairTrack.com reserves the
right to determine and modify from time to time the exact nature of any
such merchandise or service credit, including conversion into one or more
different types of merchandise or service credits. Your sole remedy in
the event of such error is to cancel your order and obtain a refund or
credit as set forth above.
Taxes
User will be responsible for any applicable sales or use tax, duties,
or other governmental taxes or fees payable in connection with your purchase.
If you do not pay such sales or other tax or fee on a transaction, you
will be responsible for such taxes or fees in the event that they are later
determined to be payable on such sale, and, and Company reserves the right
to collect such taxes or other fees from you at any time.
Returns
There are no returns or cancellations for any intangible property or services
purchased from Company. All sales are final, no cancelable and nonrefundable
except as expressly set forth in this Agreement or as otherwise determined
by Company in its sole discretion.
Disclaimers
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED
BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY COMPANY. COMPANY ITSELF MAKES
NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS
OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT
GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS
OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES
OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE
OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE
CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by
trade name, trademark, manufacturer, and supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof,
or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT
WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA
ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF
THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY
FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY
TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY
FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES
OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of Kansas, without regard to principles
of conflict of laws, will govern your use and purchase of products and
services and these Terms of Sale, and any dispute of any sort that might
arise between you and the Company or any of our affiliates. With respect
to any disputes or claims not subject to arbitration (as set forth below),
you agree not to commence or prosecute any action in connection therewith
other than in the state and federal courts of Kansas, and you hereby consent
to, and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to, venue and jurisdiction in the state and federal
courts of Kansas.
Arbitration
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR
ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF
THESE TERMS OF SALE (INCLUDING THE TERMS OF USE) OR THE SALE OF THE PRODUCTS
OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION
, except that, to the extent that either of us has in any manner infringed
upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, such other party may
seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in
the case of consumer disputes, the AAA's Supplementary Procedures for Consumer
Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules").
The location of the arbitration and the allocation of costs and fees for
such arbitration shall be determined in accordance with such AAA Rules
and shall be subject to the limitations provided for in the AAA Consumer
Rules (for consumer disputes). If such costs are determined to be excessive
in a consumer dispute, the Company will be responsible for paying all arbitration
fees and arbitrator compensation in excess of what is deemed reasonable.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction.
To the fullest extent permitted by applicable law,
NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY
OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING
ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION
PROCEEDINGS SHALL BE PERMITTED
. In no event shall any claim, action or proceeding by you related in
any way to any products or services be instituted more than three (3) years
after the cause of action arose.
Other
These Terms of Sale, including the Terms of Service, constitute the entire
agreement between you and Company regarding purchases you make on RepairTrack.com,
superseding any prior agreements between you and Company relating to such
purchases. The failure of Company to exercise or enforce any right or provision
of these Terms of Sale shall not constitute a waiver of such right or provision
in that or any other instance. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and
effect. If any provision of these Terms of Sale shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Sale and shall not affect the validity and
enforceability of any remaining provisions. In the event of a conflict
between these Terms of Sale and the Terms of Service, these Terms of Sale
shall be controlling.
What Happens When I Cancel My RepairTrack.com Account?
If you cancel your RepairTrack.com membership account, you will no longer
receive email from us. (Please allow up to one week for this to be completed.)
Your personal information will remain in our database, though your account
will be flagged as "cancelled," and only RepairTrack.com staff will have
access to this information (except where noted above in regards to your
name, company name, position, and general location appearing with all Interactive
Content). This information will still be subject to this privacy policy,
regardless of account status. We keep this information to prevent
duplicate accounts from being created, to prevent fraudulent use of RepairTrack.com,
and to allow people to re-activate their accounts in the future more easily.
(Registration forms would not have to be completed again.) PLEASE NOTE:
Any Interactive Content you previously submitted to RepairTrack.com will
still be displayed and used by RepairTrack.com, and cannot be removed from
the network. For more information on our Interactive Content policies,
please consult our Terms of Use.