Version Effective Date: August 31, 2024

Thank you for choosing ComputerFixDallas for your electronics repair and maintenance needs. These Terms of Service (“Terms”) govern the relationship between ComputerFixDallas, Inc. (“ComputerFixDallas,” “we,” “our”) and the entity or person (“Customer,” “You,” “Your”) using or accessing our repair and maintenance services (“Services”) through our website available at computerfixdallas.com (the “Site”), in-person at our locations, or through any other means. These Terms outline your rights regarding the Services, including repair and maintenance, and other important topics such as dispute resolution. Our privacy policy, accessible here, explains how we handle your data. Please read these Terms carefully, along with our privacy policy, and all other documents referenced in these Terms. Together, these documents form a single binding agreement between us (the “Agreement”).

This Agreement is effective when the Customer agrees to these Terms and proceeds to use or access the Services (the "Effective Date"). This Agreement may be updated periodically. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to these Terms, please do not use or access the Services.

1. Service Availability and Quality

We strive to provide high-quality repair and maintenance services. However, the Services are subject to change and modification, including but not limited to the types of services offered, pricing, and service availability. We do not guarantee the quality, stability, or reliability of the Services. ComputerFixDallas will not be liable for any harm caused by dependency on our Services or any related issues.

The Services are provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Services and assume any risks associated with them.

ComputerFixDallas reserves the right to suspend or terminate your access to the Services at any time and for any reason. You may not use the Services to develop or offer competitive products or services, reverse engineer our technology, or use automated tools to access or interact with our Services. Only one user may use the Services per account, and each user may only have one account.

You must not use the Services to infringe upon the intellectual property rights of others. Violations may result in legal action or a ban from the Services.

2. Age Requirements

By using the Services, you confirm that you are at least 13 years old and meet the minimum age requirements in your country. If you are not old enough to consent to these Terms, your parent or guardian must agree to these Terms on your behalf.

Parents or guardians must read these Terms and are responsible for their minor's activities on the Services if they allow them to use the Services.

3. Your Information

By using the Services, you may provide ComputerFixDallas with personal information such as your email address, user name, billing information, and details about your devices for repair. Our privacy policy outlines how we handle your information.

4. Content Rights

Your Rights and Obligations You own all data and materials you provide to ComputerFixDallas, including but not limited to device information, repair instructions, and personal data, to the extent allowed by law. Ownership is subject to obligations imposed by these Terms and any applicable laws.

Rights You Grant to ComputerFixDallas By using the Services, you grant ComputerFixDallas a perpetual, worldwide, non-exclusive, sub-licensable, royalty-free, irrevocable license to use, reproduce, and display any content you provide as necessary to perform the Services.

5. DMCA and Takedowns Policy

Notification Procedures We respect intellectual property rights. If you believe that material on our Site or related to our Services infringes your copyright or trademark, please send a notice to takedown@computerfixdallas.com with the subject “Takedown Request” and include the required information listed in the original Terms.

Counter-Notification Procedures If you believe content was removed or access to it disabled by mistake, you may file a counter-notification with us. Include the necessary details as specified in the original Terms.

6. Dispute Resolution and Governing Law

In the event of a dispute arising out of or relating to these Terms, the dispute will be resolved by binding arbitration. The parties will first attempt to resolve the dispute within 30 days. If unresolved, arbitration will be conducted under the rules of the American Arbitration Association in Santa Clara County, California, USA. By agreeing to arbitration, you waive any right to a jury trial. The arbitrator’s decision will be final and binding.

7. Service Limits and Rate Limiting

While we strive to offer high availability of our Services, we reserve the right to implement rate limiting to ensure service quality and prevent disruptions to other customers.

8. Payment and Billing

Payments for the Services may be processed through third-party payment service providers. Their terms of service will govern in case of conflict regarding payment processing.

You may cancel your plan or service at any time. We reserve the right to terminate your access for violations of these Terms. Refunds are not provided for the current period but will cease at the end of the current billing cycle.

9. Community Guidelines

Be respectful to others and our staff. Avoid creating or distributing content that is disrespectful, aggressive, hateful, or abusive. Adhere to all applicable laws and do not use the Services for illegal activities or to mislead others.

10. Limitation of Liability and Indemnity

We provide the Services "as is" and make no guarantees about their performance. We are not liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability will not exceed the amount you paid for the Services in the 12 months preceding the claim.

You agree to indemnify and hold ComputerFixDallas and its affiliates harmless from any claims arising out of your use of the Services.

11. Miscellaneous

Force Majeure: Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters or acts of war.

No Agency: This Agreement does not create any agency, partnership, or joint venture between the parties.

Severability: If any part of this Agreement is deemed invalid, the remainder will remain in effect.

No Third-Party Beneficiaries: This Agreement does not confer benefits on third parties unless explicitly stated.

Survival: Sections that reasonably should survive termination will continue to apply, particularly those related to liability and privacy.

Governing Law: This Agreement is governed by the laws of the State of California, USA, without reference to conflict of law rules. All disputes will be resolved as outlined above.