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Master Repair Customer Community Terms of Use

 

Welcome to the Master Repair Customer Community. By accessing or using any part of the site, You agree that You are subject to and will comply with these Terms of Use, as We may update them from time to time.

 

These Terms of Use were last updated on June 27, 2013.

 

1.    DEFINITIONS

 

Master Repair Customer Communitymeans the web  pages accessible via  Error! Hyperlink reference not valid.hat are identified as customer resources, including but not limited to the Master Repair Success Community, Answers, Help and Training, Collaboration, Ideas, User Groups, Known Issues, Blogs, New Features, and web pages accessible via success.mstrrepair.coand  blogs.mstrrepair.com,  including  user  profile  pages  that  show  the success.mstrrepair.codesignation. The names of Master Repair Customer Community pages may be updated from time to time.

 

We,Our” or Usmeans Master Repair.

 

You” or “Your” means you as an individual, and any company or organization for whom you are using the Master Repair Customer Community.

 

2.    YOUR PROFILE AND ACCOUNT

 

You agree that all information You submit to the Master Repair Customer Community pages, including to profile pages, is accurate and that You will keep it current. If We have grounds to suspect that Your information is untrue, inaccurate or incomplete, We have the right to suspend or terminate Your use of the Master Repair Customer Community, including Your success.mstrrepair.com or other Master Repair Customer Community account. It is Your responsibility to maintain the confidentiality of any password associated with Your use of the Master Repair Customer Community, and You are responsible for any activities in Your Master Repair Customer Community accounts. You agree that We may send You information and notices regarding the Master Repair Customer Community and Your Master Repair Customer Community accounts by email, text messaging or other means based on the information You provide to Us.

 

3.    YOUR RESPONSIBILITIES

 

You are responsible for all of Your activities in the Master Repair Customer Community. You shall treat other Master Repair Customer Community users with courtesy and respect. You shall not:

 

•      Impersonate any other person;

•      Falsely say or imply that You are associated with another person or entity;

•      Submit content in exchange for payment or other consideration from another person or entity;

•      Collect information about other Master Repair Customer Community users without their consent; or

•      Submit  or  link  to  any  content  (including  any  name  or  User  ID  You  use  in  the  Master Repair Customer Community) that:

o  Infringes or violates the intellectual property or other rights of any person or entity;

o  Intentionally interferes with the operation of the Master Repair Customer Community;

o  Violates anyone’s privacy or publicity rights;

o  Breaches any duty of confidentiality that You owe to anyone;

o  Provides  any  non-public  information  about  Us  or  any  other  company  or  person  without

authorization  (including  the  names  and  contact  information  for  Our  employees  or  Master Repair Customer Community users);

oIs, in Our sole  discretion vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable; or that We reject for any other reason in Our sole discretion;

oContains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or

oContains false or deceptive language, unsubstantiated or comparative claims regarding Our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits

Please remember that You may be providing content for an international audience. Things that do not seem abusive, obscene, or offensive to You might seem so to others.

 

We reserve the right, in Our sole discretion and without cause at any time, and without notice to You, to remove, or refuse to post any content submitted or posted by You to the Master Repair Customer Community.

 

4.    IDEAS

 

The IdeaSwap is an online forum for posting feature requests for Our products and services.

 

4.1   Posting of Feature Requests

 

You are encouraged to submit feature requests to Us by posting on the IdeaSwap. We reserve the right, in Our sole discretion and without cause at any time, to refuse to post, or to suspend or remove, any feature proposal on the IdeaSwap.

 

To the extent Your employer or another organization with which You are affiliated owns or has rights in the feature request You are submitting, You represent that You are authorized by that employer or organization to submit Your feature request.

 

In consideration for Our permitting You to post Your feature request on the IdeaSwap (regardless of whether the feature request is adopted), You agree to the following:

 

•You represent and warrant that You own or otherwise possess all intellectual property and other rights necessary to allow You to post Your feature request on, and distribute it through, the IdeaSwap and to permit others to install and use Your feature request.

•You acknowledge that, to the best of Your knowledge and belief, Your submissions of feature requests on the IdeaSwap do not make You a contributing inventor to any inventions that may arise during development by Us of any products, services or applications implementing Your feature requests. Your preceding acknowledgement notwithstanding, in the event that You are determined to be a contributing inventor to an invention based upon Your postings on the IdeaSwap, by Us in Our discretion or by any court or government agency competent to make such a determination, You promise to: (a) cooperate with Us in procuring patents to protect the invention; (b) execute all necessary paperwork required to procure patents to the invention on Our behalf; and (c) at Our request execute any assignments assigning ownership of any patents or patent applications to the invention to Us.

•You acknowledge that We may, in Our sole discretion, elect to develop and market products, services or applications that incorporate feature requests that You submit on the IdeaSwap, and You agree not to make  any  claims  against  Us  or  anyone  using  a  product  or  service  marketed  by  Us  related  to  the development and offering of such products, services or applications whether Your feature requests are adopted, not adopted or adopted but modified in any product, service or application.

•You waive any intellectual property or other claims You may have now or in the future against Us or anyone using a product or service marketed by Us relating to the operation of the IdeaSwap, the hosting by Us of other parties’ feature requests on the IdeaSwap, and the hosting by Us of user reviews.

•To the extent You possess now or in the future any copyright, patent or other intellectual property rights that may be infringed by the operation of the IdeaSwap itself (excluding the content of individual feature requests), You hereby grant to Us a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of Ours by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free sub- licensable license to all such rights with respect to the operation of the IdeaSwap as it may be modified from time to time.

•      You acknowledge that anything posted on the IdeaSwap by any person, regardless of that person’s affiliation or non-affiliation with Us, reflects only the opinions of the person making the post. In particular, You  acknowledge  that  nothing  posted  on  the  IdeaSwap  gives  rise  in  any  way  to  a  promise  or undertaking by Us to adopt, or refrain from adopting, any feature request or course of action regarding any feature request and that any reliance upon such postings is solely at Your own risk. Any unreleased services or features discussed on the IdeaSwap or on other Extreme Impact websites are not currently available and may not be delivered on time or at all. If You purchase Our services, You should make the purchase decisions based upon features that are currently available. We reserve the right to change Our product and service plans at any time without notice, in Our sole discretion.

 

4.2 Feature Request Status

If You post a feature request on the IdeaSwap, We may, in Our sole discretion, comment on the feature request by appending a status to the request. The status allows Us to communicate with the IdeaSwap community regarding implementation of feature requests. Posting a status to a feature request does not cause Us to undertake any obligation, such as, for example, to develop, implement, release, use, or not use a feature request.

 

5.    TRADEMARKS

Master Repair, the “Master Repair” logo, IdeaSwap and other marks of Master Repair used on the Master Repair Customer Community are owned by Us and may not be used in any manner without Our express prior written consent pursuant to Our Trademark and Copyright Usage Guidelines.

 

6.    NO WARRANTY

THE MASTER REPAIR CUSTOMER COMMUNITY IS PROVIDED “AS-IS,” EXCLUSIVE OF ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CONTENT POSTED BY ANYONE OTHER THAN US ON THE MASTER REPAIR CUSTOMER COMMUNITY IS THE SOLE RESPONSIBILITY OF THE ORIGINATOR OF THAT CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT WE REVIEWED OR MODERATED SUCH CONTENT. CONTENT POSTED BY US ON THE MASTER REPAIR CUSTOMER COMMUNITY PAGES ARE NOT PART OF ANY USER GUIDE OR LEGAL AGREEMENT. ALL SUCH AFOREMENTIONED CONTENT IS PROVIDED “AS-IS”, AND WE DO NOT MAKE ANY REPRESENTATION AS TO ITS QUALITY OR ACCURACY, AND WE SPECIFICALLY DISCLAIM THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, NON- INFRINGEMENT, QUALITY OR ORIGINALITY OF SUCH CONTENT. WE DISCLAIM ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT OR MATERIAL ON THE MASTER REPAIR CUSTOMER COMMUNITY REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING OUR EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS).

 

7.    NO DAMAGES

YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING UPON CONTENT ON THE MASTER REPAIR CUSTOMER COMMUNITY, INCLUDING FEATURE REQUESTS AND CONTENT ON THE IDEASWAP. IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,  OR  CONSEQUENTIAL  DAMAGES,  OR  DAMAGES  BASED ON  LOST PROFITS,  DATA  OR  USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8.    INDEMNITY

You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from: (i) Your breach of these Terms of Use or (ii) any claim made by any third party arising out of content You submit to or post on the Master Repair Customer Community, including, but not limited to, Your violation of these Terms  of Use, Your violation of any rights of a third party, feature requests posted on the IdeaSwap, or Your use of the IdeaSwap.

 

9.    PROPRIETARY RIGHTS AND PRIVACY

You grant to Us a perpetual, worldwide, fully paid up right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, any content or material You contribute to the Master Repair Customer Community. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to all intellectual property rights subsisting in the Master Repair Customer Community, including but not limited to its user interface, branding, and underlying technology. No rights are granted to You hereunder other than as expressly set forth herein.

Subject to the above, we will treat information You submit to the Master Repair Customer Community pages in accordance with Our Privacy Statement at http://www.mstrrepair.com.

10 REMOVAL OF MATERIAL UNDER U.S. DIGITAL MILLENNIUM COPYRIGHT ACT

If We receive a notice alleging that material or content You posted on the Master Repair Customer Community infringes another party’s copyright, We may remove that material in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).

 

11 ENFORCEMENT

We generally do not pre-screen, verify, edit, monitor or moderate the content posted by users on the Master Repair Customer Community but may do so from time to time in Our sole discretion, including in private groups.  We and Our agents reserve the right to investigate any violation of these Terms of Use and to take appropriate remedial action.

Any violation of these Terms of Use may result in the suspension or termination of Your ability to use or participate on the Master Repair Customer Community and its associated pages. We reserve the right to enforce these Terms of Use in our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Use, or which we otherwise deem inappropriate, harmful, objectionable or inaccurate.

Deliberate attempts by You or someone on Your behalf to evade or circumvent the suspension or termination of Your rights to use or participate on the Master Repair Customer Community violates these Terms of Use, constitutes an unlawful trespass to Our equipment and systems, and may result in legal action.

We may release information concerning Your use of the Master Repair Customer Community (including posted content, registration information, and network records) when We believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms of Use; to protect Our rights or property; to protect against fraudulent, abusive or unlawful use or participation on the Master Repair Customer Community; or if We reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.

 

To report violations of these Terms of Use, please email legal@mstrrepair.com with appropriate details, including Your contact information.

 

12 SEVERABILITY

If any provision of these Master Repair is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms of Use will remain in effect.

 

13 MISCELLANEOUS

These Terms  of  Use  do  not  create  a  partnership,  franchise,  joint  venture,  agency,  fiduciary  or  employment relationship between You and Us. You may not assign Your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without Our prior written consent.

These Terms of Use shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in SanFranciscoCounty,California to adjudicate any dispute arising out of or relating to this Agreement. Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless it is by an update to these Terms of Use that we make available on this website, or is in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.

14 Credit Card Acceptance

By accepting this contract, I am confirming that I have read and understood the Master Repair standard terms and conditions and that an Master Repair representative has informed me of this invoice due date. Any changes from the original agreement will incur a charge and all alteration charges must be agreed prior to alteration. I further agree to pay the above price for Master Repair Invoice by the due date. By entering, your credit card information into your Client Portal: You are stating that you are an authorized user of the credit card and that the associated information entered (account holder name, account number, billing address, etc.) is accurate; You authorized Master Repair to charge the amount you have requested to your credit card; You also authorize Master Repair to return to your credit card any funds due to you by Master Repair resulting from our relationship. For each transaction, in addition to the charge you have authorized, your credit card issuer and network may assess their customary transaction or handling charge, if any. Interest will accrue at the maximum rate allowed by law on all late payments. Your credit card issuer may also access its customary charge for such transactions. If your credit card issuer or network does not honor an online payment transaction, then we have the right to charge the amount of any such transaction to your account or to collect the amount from you.