Tech in Trouble

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Terms and Conditions

Last updated: January 25, 2023

Please read these terms and conditions carefully before using Our Website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Pennsylvania, United States

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Tech in Trouble, LLC, 30 Oak Avenue, Carbondale, PA 18407.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Tech in Trouble, accessible from https://www.techintrouble.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Authorization of Work

You hereby grant permission to The Company and any agents thereof to perform any services deemed necessary by the Company to repair, replace, or otherwise modify my device (the “Services”) with new or refurbished parts. The scope of the work performed shall be negotiated between You and Company prior to the commencement of the Services. In the event that any negotiated term conflicts with an express term in this Agreement, this Agreement shall prevail.

Payment, Refund and Substitute Services

Payment is due in full upon completion of Services unless otherwise agreed upon by the parties. All agreed upon fees shall be binding and due in full whether or not the Services is successful. If You are unsatisfied with the Services, the Company may, at their sole discretion, provide a refund or substitute performance acceptable to You. The Company is in no way obligated to issue a refund or provide substitute performance for any Services.

Warranty

The Company warrants most Services performed of defective workmanship including replacement parts­, unless otherwise stated. If You notify Company of a warranty claim, Company shall use its best efforts to rectify any faulty Services. If Company determines, in its sole discretion, that a defect with the device is attributable to You’s misuse, abuse or negligent handling of the device; this provision shall be null and void.

Water-Resistant Devices

The Company cannot guarantee that water-resistant devices will remain so after being repaired. We make every effort to keep the device as close to factory as possible, but we advise you to take the necessary precautions in relation to water-resistant devices and you agree to release us from any loss or damage as a result of your device ceasing to be water-resistant.

Right to Refuse

The Company, in its sole discretion, reserves the right to refuse work that it believes is beyond the scope of its ability or for any other cause.

Abandonment

If You do not pick up the device within thirty (30) days after Company notifies You that Services is complete, Company will treat the device as abandoned. You agree to hold Company harmless for any damage or claim for the abandoned property. In the event of abandonment, You is still liable for charges incurred during the performance of Services.

Warranties

You warrant that:

  1. You are the owner of the device submitted for Services. In the event that You is discovered not to be the true owner of the device, You nonetheless assumes all liability for any claim made as the result of the Services.

  2. You acknowledge that Company is not an authorized Apple service dealer, and that technical support rendered Company may void manufacturer warranties of any devices. Company does not assume any liability or warranty in the event that manufacturer warranties are voided. You agree to release, indemnify, and hold harmless Company from liability for any claims or damages of any kind or description that may arise from any Services performed on the device.

  3. You have backed up all data stored on the device, which it wishes to preserve. You understand that the data on this device is not the responsibility of the Company and that such data may be lost during or after the Services.

  4. You acknowledge that the Company will assume ownership of items not claimed within thirty (30) calendar days. You acknowledge that the Company will pursue any remedies available at law to recover amounts due for unpaid services.

  5. You must be forthcoming regarding any previous repairs completed on device either by the Company or other parties. In the event of damage occurring during repair due to faulty installation from previous repair the Company is not liable for such damage. A resolution will be presented and the You have the right to accept or decline.

Waiver of Liability and Limitation of Damages

The Company shall not be liable for any loss of data or component failures which may occur during or after the Services, any loss of profit or any direct, indirect, special, incidental, or consequential damage occurring during or after the Services, or any damage or failures resulting from third party software installed during or after the Services. It is You’s sole responsibility to back up any data contained on You’s device and this section shall be adequate notice to You of such duty. YOU EXPRESSLY WAIVES ALL CLAIMS FOR LIABILITY AND/OR LOSS INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY OCCUR AS A RESULT OF ANY SERVICE, OR FAILURE TO PERFORM SERVICE. In the event that Company acknowledges liability for any warranty or Services under this Agreement, You acknowledge that Company’s maximum liability shall be the amount payable for the Services negotiated between the parties.

Indemnification

You agrees to indemnify and hold harmless Company and its officers, directors, employees, agents, representatives and counsel from any and all claims, losses, liabilities, damages, reasonable costs or expenses (including attorney’s fees) whatsoever, as incurred, based on any claim that any content provided by Company or You infringes any copyright, trademark, trade secret, patent or any other property right of a third party.

Termination

Company may terminate this Agreement at any time, with or without cause, by giving written notice of termination to You. Upon receipt of such notice Company will return device to You and cease the performance of any Services. This Agreement will terminate automatically upon the receipt of all outstanding amounts payable by You for Services by Company.

Assignment

This Agreement is a unique contract and shall not be assigned by either party.

Entire Agreement; Severability

This Agreement constitutes the complete and entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes, merges, and voids all negotiations, prior discussions, and prior agreements and understandings, whether written or oral, relating to the subject matter hereof. This Agreement may not be altered or amended except by agreement between the parties. Should any clause or provision of this Agreement be held or deemed unenforceable or illegal by any court, the remaining provisions of this Agreement shall survive and be fully enforceable as if the unenforceable or illegal provision was never included herein

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: dustin@techintrouble.com