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Terms & Conditions

Work Authorization:

You authorize IFIX Enterprises, Inc. ("IFIX") to perform the work described in the Repair Ticket ("ticket") on the device identified on this Ticket ("your device"), subject to these Terms and Conditions. If your device is under the Manufacturer's Warranty, then the terms of IFIX's Warranty (see below) will also apply and take precedence over any conflict of terms. If IFIX determines a repair is not covered under Warranty (for example, due to physical or liquid damage), additional charges not shown on the Ticket may apply. In that case, we will notify you before starting work on your device. Service on your device will not begin until you authorize the additional charges. Suppose, while we are repairing your device, you accept a loaner device. In that case, you are liable for the loaner device's total replacement, repair, or the retail price as determined by us should you lose or damage that Loaner Device.

Your Data:

You are solely responsible for backing up any data on your device and deleting, encrypting, or otherwise protecting your data from unauthorized use. IFIX will not back up or restore your data and is not responsible for any lost or corrupted data. IFIX values your privacy and never accesses any data which is not necessary or commonly accessed throughout testing and registering your device for warranties and guarantees. However, IFIX does not treat data on your device as confidential and disclaims any agreement with you or any other obligation to do so.

IFIX Responsibilities & Warranty:

At IFIX, we use only the highest quality parts, which may include rebuilt, reconditioned, reused, recycled, or new parts or components when repairing your device. IFIX will Warranty all cases, pouches, and holsters for ninety (90) days; further warranty coverage may be available from the individual manufacturer. IFIX will Warranty all battery replacements for 1-year after installation and will replace the battery if its health percentage (capacity) falls below 80% of its original/initial capacity within 1-year of installation. All other repairs or component replacements include a Lifetime Warranty at no additional cost. This Warranty is non-transferable and applies only to the original device, repair, and owner. If your device malfunctions due to the failure of any component or part previously repaired/replaced by IFIX, it must be returned to IFIX ("the store") for evaluation and to determine the Warranty coverage. All costs associated with transporting or shipping your device to the store will be borne solely by the purchaser ("you"). IFIX will diagnose and determine coverage upon receipt of your device. If, upon examination by IFIX, the part/component is defective or has malfunctioned or failed, it will be repaired or replaced at no charge to you. This Warranty does not apply to defects or failures resulting from any action by you, including but not limited to mishandling, intentional damage, physical damage, water damage, improper interfacing, jailbreaking, flashing, operation outside of design limits, improper repair by someone other than IFIX, or unauthorized modification. Evidence of tampering, broken seals, or evidence of the damage as a result of excessive corrosion; exposure to liquid, electrical current, heat, moisture, or vibration; improper specification; misapplication; misuse; abuse, or other operating conditions outside of IFIX's control may VOID this Warranty. 

Our Software Warranty applies to factory restores, backups, jailbreaks, "unlocks" and applies to computers, laptops, cell phones, tablets, etc. This Warranty is VOID if the customer performs any software modifications aside from restoring or updating software on the device, including but not limited to downloading unauthorized or unapproved software, viruses, malware, spyware, or any other attempts to modify any software that IFIX has installed. IFIX employees reserve the right to VOID this Warranty if you ("the customer") have made improper software installations or modifications after the device has left the store. 

Unless otherwise required by law, all replaced devices, parts, components, boards, cables, and equipment will become the property of IFIX. You waive all rights you may have under state or other laws to the replaced device or repaired/replaced parts or components. 

Subject to paragraph 2 above regarding data, IFIX will be responsible to the extent provided under applicable law for the physical safekeeping of your device while in our possession. Suppose your device is lost or damaged while it is in our custody for Service; In that case, we will repair or replace your device with an equivalent device in comparable condition, which at IFIX's option may be new or refurbished. 

Once your device is repaired or services have been completed IFIX will make reasonable and repeated efforts to contact you via phone, text, and email; If you fail to pick up your device or otherwise arrange for its return, after ninety (90) days following the completion of repairs, we will treat the device as abandoned. You understand and agree that IFIX may recycle or dispose of the property and remove parts/components at its sole discretion in accordance with State and Local Laws and Requirements. You agree to allow IFIX to sell or trade any abandoned device to the extent necessary to recoup administrative and repair costs if you have not responded.

LIMITATION OF LIABILITY/INDEMNITY:

THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF IFIX'S RESPONSIBILITIES AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY UBREAKIFIX IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT WILL IFIX BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IFIX IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. YOU AGREE TO INDEMNIFY IFIX FROM AND AGAINST ANY CLAIMS BROUGHT AGAINST IT ARISING FROM YOUR BREACH OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.

No Modification:

No agent, employee, dealer, representative, or reseller is authorized to modify these Terms & Conditions, extend the Warranty above, or make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of IFIX regarding the Service.

Severability:

You and IFIX agree that these Terms & Conditions are enforceable per their terms to the fullest extent permitted by law. You and IFIX agree that if a court or arbitrator adjudges any portion of these Terms & Conditions to be invalid or unenforceable, that adjudication will not invalidate the remainder of these Terms & Conditions, and they will be fully enforceable.

Entire Agreement:

To the extent permitted by applicable law, these Terms & Conditions state all terms agreed by the parties and supersede all other agreements relating to its subject matter.

Meta - Data:

You understand and agree IFIX may collect Meta - Data logs during diagnostic evaluation to improve the overall future functionality of our diagnostic tools and symptoms evaluation during the repair process. The data collected will be used solely by IFIX to enhance and improve this process, may be shared with our affiliates, and will not be distributed any further without your consent. Data types that we may collect from your device include: phone number, model number, IMEI, serial number, and both downloaded and host applications & their settings.

Applicable Law & Dispute Resolution:

The formation, existence, construction, performance, validity, and all other aspects of these Terms & Conditions shall be governed by the laws of the State of New York, without reference to its choice of laws principle; ALL DISPUTES WITH IFIX ARISING IN ANY WAY FROM THE SERVICE, INCLUDING THE ISSUE OF ARBITRABILITY, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute will not be combined or consolidated with a dispute involving Service provided to any other person or entity, and specifically, without limitation of the preceding, will not under any circumstances proceed as part of a class action or class arbitration. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The venue for all arbitrations will be in Madison County, New York. The arbitration will be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes and is entered pursuant to the Federal Arbitration Act. The arbitrator will decide all issues of interpretation and application of this arbitration provision and the Terms and Conditions. Judgment may be entered on the arbitrator's award in any court of competent jurisdiction. This arbitration provision also applies to claims against IFIX employees, representatives, and affiliates if any such claim arises from the Service.

Arbitration Opt-Out:

You may opt-out of this dispute resolution procedure by providing notice to IFIX no later than 30 calendar days from the date service is performed. To opt-out, you must send notice by email to hello@ifixcny.com, with the subject line: "Arbitration Opt Out." You must include in the opt-out email: (a) your name and address; (b) the date of this Service Authorization; (c) the model name or model number of Your Device; and (d) the IMEI or MEID or Serial Number, as applicable if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under "Settings;" (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt-out by calling (315)280-4511 no later than thirty (30) calendar days from the date of this Service Authorization and providing the same information. These are the only two forms of notice that will be effective to opt-out of this dispute resolution process. Opting out of this dispute resolution process does not affect the Service or the Limited Warranty above for parts and labor, and you will continue to enjoy the benefits of the Lifetime Warranty.

Personal information:

Personal information that you provide on this form (such as an email or mailing address) will be used to fulfill the Service you have requested. As otherwise permitted in our Privacy Policy, IFIX will not sell, rent, or otherwise disclose such information (except as needed to IFIX service vendors or as permitted in our privacy policy) without your prior approval.