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Terms of Service

By visiting our website or using our services (Fixmonk), you, the client, accept these terms of service. Please read through them and contact us if you have any questions.

Communication

By visiting fixmonk.com or by sending us a message, you will be communicating with us. By doing so, you consent to receive communication from us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Content

Although reasonable efforts are taken to ensure that the website will be current and will contain no errors or inaccuracies, no representations, warranties, guarantees or conditions (whether express or implied) are given as to the operation of this website or that this website and the information, content or materials included in this website will be error free or completely accurate or current at all times, or at any time.

Pricing: Even when we require technicians in our platform to display the most accurate pricing possible, we cannot ensure or guarantee a total final price charged per a technician. Technicians are required to communicate to the client the cost of parts before repairing a device if the price of parts is more than the amount displayed in the Pricing section of this website. Receiving a quote or an estimate by a technician or by Fixmonk does not guarantee that you will be charged that amount. Headphones sometimes present problems not easily to detect, thus creating unforeseen extra costs. However, you should not be charged more than the costs of labor plus the Maximum Cost of Part without written consent.

Other Content: By visiting Fixmonk.com and interacting with technicians you understand that their opinion or comments are expressed under their own liability. You will not hold Fixmonk responsible for content on the website that may be deemed offensive, indecent, or objectionable.

Service

Fixmonk only serves as a marketplace and facilitator of communication, and does not perform any repairs on devices.

Even when there are some ordered in which the device is not repairable, technicians reserve the right to refuse repair and cancel any service requested at their own discretion. You, the client, will not be charged when a service request has been cancelled.

Track Your Headphones

When using our services, you may be issued a Reference ID number. It is your responsibility to keep that number private in order to insure privacy of your information. Fixmonk reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Privacy

Fixmonk understands your concern for privacy. The protection of private information of clients and technicians is extremely important to Fixmonk. Fixmonk collects information about clients only to confirm and process orders, and to help personalize and improve the shopping experience. It does not sell or redistribute your information to third parties not directly involved in processing and shipping your order. The types of information Fixmonk collects are information you provide, such as your account name, email address, home address, and billing information; automatic information we receive when you interact with us such as your IP address and analytics information used for marketing and demographics; email communications that you send to us or we send to you; and information from other sources such as credit bureaus, which we use to help prevent and detect fraud, or couriers which provide updated delivery and address information, which we use to correct our records and deliver your next purchase or communication more easily.

As appropriate, Fixmonk protects the security of your information during transmission by using Secure Sockets Layer (SSL) encryption software, which encrypts information you input. When displayed, we reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing when we handle the credit card authorization.

Shipping Liability

All items shipped by Fixmonk or its subscribed technicians are made pursuant to an FOB shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Any claims against the shipping company due to damage are the customers’ responsibility. Fixmonk does have insurance on return shipments for an additional fee if requested.

Trademarks and Copyrights

Unless otherwise noted, all content, including without limitation, all text, design, graphics, logos, button icons, images, products, processes, drawings, photographs, code and software, and all compilation, organization and presentation of such content, which forms a part of this website, are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fixmonk, one of its affiliates or by third parties who have licensed their materials to Fixmonk, and are protected by US and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Fixmonk and is also protected by U.S. and international copyright laws. All such rights are expressly reserved.

“Fixmonk”, “Track Your Headphones”, and certain other names, words, logos, slogans and images used on this website are the property of and are subject to trade-mark rights held by Fixmonk. Certain other trade-marks, trade names, words, logos, slogans and images listed on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

You are permitted to copy electronically and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Fixmonk. No other copying of this website, in whole or in part, is permitted without the express written authorization of Fixmonk.

This website may contain links to other websites. All such other websites are unaffiliated with this website. Fixmonk has no control over and expressly disclaims any liability for such websites or their contents. By Fixmonk providing a link does not constitute an endorsement of the linked to website.

Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Fixmonk’s or any third party’s intellectual property rights.

Fixmonk is not associated with or an agent of the Bose Corporation, Sennheiser, Beats, Apple, or any of the brands we repair. Their trademarks belong to them and any reference to them is only for model identification.

Third Parties

Parties other than Fixmonk provide services, or provide the product lines sold on this site. In addition, Fixmonk provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Fixmonk does not assume any responsibility or liability for the actions, product, or content of any third parties. You should carefully review their privacy statements and terms and conditions of use.

Disclaimer of Warranties

This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Fixmonk on an “as is” and “as available” basis. Fixmonk makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site. You acknowledge, by your use of the fixmonk.com web site, that your use of the site is at your sole risk.

To the full extent permissible by applicable law, Fixmonk disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Fixmonk disclaims any and all warranties, express or implied, for any merchandise offered on this site. Fixmonk does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from Fixmonk are free of viruses or other harmful components. Fixmonk will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Merchandise content disclaimer: product information accessed through this website is obtained from claims made by the product’s manufacturer. Please be aware that, on occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on our web site, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Fixmonk.com assumes no liability for inaccuracies or misstatements about products.

This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these terms and conditions. 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.

Limitation of Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Fixmonk or any of its affiliates, employees, directors, officers, agents, representatives, vendors, suppliers, successors or assigns be liable to you or to any other person for any direct, indirect, special, punitive, incidental or consequential losses or damages (including lost profits, lost savings, business interruption or loss of data) of any nature arising out of or related to your access to, or use of, or inability to use the fixmonk.com web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if such damages might be foreseeable and if an authorized representative of fixmonk.com has been advised of or should have known of the possibility of such damages. In no event will fixmonk.com be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose.

Termination

These Terms and Conditions are effective unless and until terminated by either you or Fixmonk. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of this Site, for example by cancelling your account. Fixmonk may also terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision of these Terms and Conditions. Upon any termination of these Terms and Conditions by either you or Fixmonk, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. The following sections shall survive any termination of these Terms and Conditions: “Content,” “Copyrights and Trademarks,” “Shipping Liability,” “Indemnification,” “Disputes and Applicable Law,” “Termination,” “Disclaimer of Warranties” “Limitation of Liability,” “Privacy” and “Site Policies, Modification, and Severability.”

Disputes and Applicable Law

By visiting fixmonk.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Fixmonk.

Any action, dispute, or proceeding arising out of or related to these Terms and Conditions or your visit to fixmonk.com or to products or services sold or distributed by Fixmonk must be brought in the state or federal courts of Utah and you consent to the exclusive personal jurisdiction of such courts.

Indemnification

You agree to defend, indemnify and hold harmless Fixmonk and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.

Site Policies, Modification and Severability

Please review our other policies and Frequently Asked Questions. These policies also govern your visit to fixmonk.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

The failure of Fixmonk to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit Fixmonk’s rights with respect to such breach or any subsequent breaches.

Entire Agreement

These Terms and Conditions constitute the entire agreement between Fixmonk and you pertaining to the subject matter hereof, and supersede any and all written and oral agreements and representations previously existing between us with respect to such subject matter.

Changes to Terms and Conditions

The Terms and Conditions were last updated on December 1, 2016. Please check our Terms and Conditions periodically for changes.