eRepairables Terms of Use

This is a contract between you and Opreum, Inc. ("eRepairables"). By accessing or signing up to use an account through erepairables.com or any associated websites, APIs, or mobile applications (collectively the "eRepairables Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and E-Sign Consent. eRepairables occasionally may change the terms of this agreement. By continuing to use this service following such changes, you agree to be bound by any modified agreement. eRepairables may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time.


Part 1: General Use

1.1 Eligibility. To be eligible to use the eRepairables Services, you must be at least 18 years old.

1.2 eRepairables Services. eRepairables provides a digital Marketplace Platform that connects buyers and sellers of used and/or salvage goods, and related goods and services.

1.3 Creating an eRepairables Account. In order to use any of the eRepairables Services, you must first register by providing your name, an e-mail address, password, and affirming your acceptance of this Agreement. eRepairables may, in our sole discretion, refuse to allow you to establish a eRepairables Account, or limit the number of eRepairables Accounts that a single user may establish and maintain at any time. You agree to not share your login information and that only you will access your account. You accept all responsibility for any action taken with your account.

1.4 Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the eRepairables Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your eRepairables Account by third-parties and the loss or theft of any funds held in your eRepairables Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of eRepairables and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your eRepairables Account information has been compromised, contact eRepairables Support immediately at info@eRepairables.com, or report your claim by phone at (888) 204-5650.

1.5 Electronic Signature. You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act / action while using any electronic service we offer; or in accessing or making any transactions regarding any document, agreement, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract between you and eRepairables.com or its affiliates. You understand and agree that your eSignature executed in conjunction with the electronic submission of your application will be legally binding and such transaction will be considered authorized by you.

1.6 Verification of Identity. In order to use certain features of the eRepairables Services, including vehicle bidding and transfers of currency, you may be required to provide eRepairables with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update eRepairables if any information changes. You hereby authorize eRepairables to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to eRepairables with your wireless operator account profile information for the duration of the business relationship. See our Privacy Policy to learn more about how we treat your data.

1.7 Billing Agreement. Some eRepairables Services require a billing agreement between you and eRepairables, by which you must 1) provide and maintain at least one valid electronic payment method in your user account, 2) to allow eRepairables.com to take payment from any provided electronic payment method to pay for any balances due, at any time and for any amount.

1.8 Service Fees. Some services provided carry a recurring subscription charge. By activating such services, you agree to be charged at the time recurring payment is due, indefinitely until you cancel your subscription online or by written notification. You alone are responsible to cancel any unwanted recurring subscriptions prior to charges. Some services are charged on a one-time or per-use basis. You agree to be charged at the time any such service is initiated. You agree that activated services will be charged for and payment collected regardless of whether you make use of the service access which you have purchased.

1.9 Security Deposits. Some eRepairables Services and/or affiliate services will require a USD security deposit. By submitting a Security Deposit, you agree to allow these funds to be applied to any balance due to eRepairables or its affiliates. Security deposits should only be sent in USD by Wire Transfer per instructions provided within the eRepairables platform. eRepairables is not liable for funds lost due to your failure to follow instructions. Any remaining Security Deposit balances will be returned upon written request and only to the account from which they came.

1.10 Denial of Service. eRepairables reserves the right to deny service to anyone for any reason, without prior warning.

1.11 Electronic Communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your eRepairables Account and your use of eRepairables Services.

1.12 Limitation of Liability; No Warranty. THE EREPAIRABLES SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EREPAIRABLES SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. EREPAIRABLES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE EREPAIRABLES SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

1.13 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the eRepairables Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by eRepairables from time to time. Any other use of the eRepairables Site or Content is expressly prohibited and all other right, title, and interest in the eRepairables Site or Content is exclusively the property of eRepairables and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "eRepairables.com", "eRepairables", and all logos related to the eRepairables Services or displayed on the eRepairables Site are either trademarks or registered marks of eRepairables or its licensors. You may not copy, imitate or use them without eRepairables's prior written consent.

1.14 Website Accuracy. Although we intend to provide accurate and timely information on the eRepairables Site, the eRepairables Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the eRepairables Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the eRepairables Site,

1.15 Suspension, Termination, and Cancellation. eRepairables may: (a) suspend, restrict, or terminate your access to any or all of the eRepairables Services, and/or (b) deactivate or cancel your eRepairables account at any time for any reason, without prior notice.


Part 2: Marketplace Platform.

2.1 Understand What You Are Doing. Most common customer support concerns are the result of the customer making assumptions about how the eRepairables Marketplace functions. Do not use this service if you have not taken the time to understand how it works, what it does, and what it does not do.

IT IS YOUR RESPONSIBILITY TO UNDERSTAND THE EREPAIRABLES MARKETPLACE FUNCTIONALITY PRIOR TO USING IT. YOU AGREE TO DO SO OR IMMEDIATELY DISCONTINUE USE.

2.2 Market Stakeholders eRepairables provides a digital marketplace platform that connects buyers and sellers of used and/or salvage goods. The eRepairables marketplace involves both direct and indirect participants including but not limited to buyers, sellers, government agencies, financial institutions, and related service providers; herein collectively referred to as Market Stakeholders. eRepairables is neither a buyer nor seller of the goods listed in the marketplace. Sellers may include private owners, private companies, and dealerships. Furthermore, sales may flow through brokers, auctions, agents, or some combination, creating a lot of moving parts. eRepairables may at times facilitate information and asset exchange between or on behalf of Market Stakeholders to provide a more seamless, consistent user experience.

2.3 Buyers. Any eligible use may be a buyer. Buyers must exercise caution and due diligence in dealing with sellers. eRepairables is not responsible for seller actions or inaction.

2.4 Sellers. Any eligible user may become a seller. Sellers must exercise caution and due diligence in dealing with buyers. eRepairables is not responsible for buyer actions or inaction.

2.5 Inventory Sources and Sale Types. Inventory listed on eRepairables is provided by sellers. Items may be offered with an outright purchase price, presented for the solicitation of bids, or both.

2.6 Offers. Whether offering an item for sale or bid/offer to purchase, you must be prepared to fulfill that offer. Sellers must describe items within industry tolerances. BIDS AND OFFERS, IF ACCEPTED BY THE SELLER, CONSTITUTE A LEGAL CONTRACT TO PURCHASE. The eRepairables platform will provide the general location of vehicles. It is your responsibility to know the general location and rough delivery costs prior to making bids or offers. Likewise, it is only your responsibility to know

2.7 Auctions. eRepairables aggregates auction data from third-party auctions that are generally only available to salvage dealerships. The eRepairables Marketplace Platform provides public buyers a bidding interface to these generally dealer-only auctions using affiliated salvage dealerships as conduits. Accordingly, when you are buying such an item, you are not buying from the auction facility, nor the item current owner, nor eRepairables, but from the conduit salvage dealership.

eRepairables uses a proxy bid system. The current bid is defined as the second highest bid plus the minimum bid increment. This allows you to place a bid amount hidden from other users that represents the most you are willing to pay, but the visible current bid will only go up one increment higher than the second highest bid. In effect, the system will automatically increment your bid the least amount necessary to be the high bidder, but only up the amount you entered. Failing to utilize this will put you at a significant disadvantage to those who do. DO NOT ASSUME YOU HAVE TIME TO BID IN SMALL INCREMENTS AT THE LAST POSSIBLE MOMENT.

Do not make assumptions about the final sale price. It is critical to understand that after the close of the proxy bidding period, a private live auction will take place where proxy bids are considered alongside live bids. The current bid may or may not be driven up further.In addition, sellers may have a reserve price set that below which an item will not sell. Accordingly, you cannot make judgements about a auction sale price based on the current bid and end time. You should especailly not base your decision to pay for the eRepairables Service on misinformed high hopes of winning an item at an unrealistic price. If it sounds to good to be true, then it is and you must take more time to understand the system.

YOU AGREE TO ALWAYS ENTER A BID THAT REPRESENTS THE MOST YOU ARE WILLING TO PAY FOR AN ITEM, AND YOU UNDERSTAND THAT THE CURRENT BID NOTED AT CLOSE OF PROXY BIDDING IS NOT A GOOD INDICATOR OF FINAL SALE PRICE.

In order to participate in auctions, a service fee is required. The fee for bidding is fully due and payable upon activation of bidding service; it is not contingent on your success winning or any other condition. Furthermore, you can only bid up to the limit set for your account. This limit can be increased through a history of making payments on won items or by submitting a USD security deposit. It is your responsibility to know these limits prior to signing up for service. Because deposits can only be received by wire transfer, you must plan ahead to be sure your bid limit is adequate ahead of auction deadlines.

It is your responsibility to enter your intended bid amount correctly. A confirmation will display the amount entered prior to final submission. We cannot reduce or cancel bids entered, and you will be responsible for the amount entered.

2.8 Timely Communication: Participation in all marketplace activity requires your availability and timely response to all communications. It is your responsibility to ensure you are available to be reached by phone, text message, email, and eRepairables Platform messaging. Any lack of timely communication will result in actions against your account that may impact your financial position, buying and selling opportunities, and vehicle transactions.


Part 3: Item Condition and Description

3.1 Salvage Goods Liquidation Items offered on eRepairables ARE NOT LIKE NEW merchandise that undergoes manufacturer quality control, is nicely packaged, is handled with care in transport and storage, and is sold through retailers with liberal return policies. You are endeavoring and agreeing to participate in a fast-paced market whose goods are typically damaged, incomplete, inoperable and continually deteriorating with time, weather, and transport. Goods are meant to be liquidated quickly to very risk-tolerant buyers.

3.2 Industry Tolerances in Descriptions. It is industry practice that sellers will only perform a cursory inspection of the vehicle to provide a quick, good-faith description upon which you may decide to investigate the opportunity further. THERE IS NO SUCH THING AS COMPLETE AND FULLY ACCURATE ITEM DESCRIPTION. IF YOU DO NOT ACCEPT THE ASSOCIATED RISK, THEN DO NOT USE THIS SERVICE.

Common issue include but are not limited to the following: Mechanical damage may denote wholly missing drive train components. Some vehicles are described to start, run, or drive. Any such description only indicates whether the facility reported that the vehicle moved under its own power AT TIME OF TESTING. This does NOT indicate whether the vehicle is in condition to drive safely for prolonged periods or be driven legally on public roads. As vehicles sit, batteries die, fluids leak, computers need to be reset, water damage corrodes electric parts, etc…. Even if the vehicle started at the time of testing, there is no guarantee that the vehicle will still start or move. Additional and unforeseen damage (for example, undercarriage, mechanical, and other latent defects) may be found after you receive a vehicle. Loose parts may be lost or damaged while at the storage facility or in transit. Their availability and condition cannot be guarantied. This includes loose parts visible in photos. Keys may be lost/stolen from Auction facility. Vehicles may have also been previously repaired or partially repaired. Electric vehicles may have destroyed or missing batteries that are costly to replace.

3.3 Buyer Duty to Inspect or Assume All Risk. Subject to seller approval, potential buyers can and should inspect items in person prior to making offers. If you do not or cannot inspect a vehicle prior to commitment and choose to commit regardless, then you are assuming all risk for errors and omissions in descriptions. IF YOU DO NOT ACCEPT THE ASSOCIATED RISK, THEN DO NOT USE THIS SERVICE. With any purchase, the vehicle should be inspected by you or your agent prior to it leaving the sale facility.

3.4 Title. Title descriptions only describe the current title, which may change by type or issuing government during transaction. It is your responsibility to check with applicable motor vehicle agencies to determine if a particular vehicle and title type will transfer as expected and serve your purpose. There is no guarantee that a vehicle can be reconstructed or titled in a particular state or country or with a particular title type. There is no guarantee of transferability of ANY vehicle to a particular state or country or how/if government agencies will process title work. It is the buyers responsibility to verify with their local DMV if a vehicle can be registered, plated, and driven; and what kind of final title they will ultimately receive if any. IT IS YOUR RESPONSIBILITY TO MAKE THESE DETERMINATIONS PRIOR TO COMMITTING TO PURCHASE.

3.5 SOLD AS-IS WHERE-IS. All vehicles and other items are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. THERE ARE NO REFUNDS, NO RETURNS, AND NO CREDITS.


Part 4: Purchased Vehicle Processing

4.1 Charges. Vehicle purchase charges will include the purchase price, auction fees, and dealership/brokerage fees. These fees will be calculated and presented to you at the point of bidding or offer making. Furthermore, other fees may accrue due to late pickup or late payment. These will also be presented to you prior to the point of bidding or offer making. It is your responsibility to know these costs prior to submitting bids or offers.

Some costs associated with acquisition of vehicle may not be charged by either eRepairables or sellers. These include but are not limited to taxes, registration, repair costs, and shipping. eRepairables does not provide information for these costs. It is your responsibility to determine these costs prior to making bids or offers.

4.2 Vehicle Payments. All vehicle purchase charges (vehicle price, auction fees, and dealership fees) must be made to sellers by wire transfer, per provided instructions, in USD within 2 business days of the sale date. All wire payments must contain your eRepairables account number and eRepairables vehicle id. If you fail to include your user id and vehicle id, your payment will not be credited. SELLERS CAN ONLY ACCEPT WIRE TRANSFER AND WILL NOT ACCEPT ANY OTHER FORM OF PAYMENT. IF YOU SEND ANY FORM OF PAYMENT OTHER THAN USD WIRE, IT WILL NOT CREDIT TO YOUR ACCOUNT, AND SELLERS CANNOT GUARANTEE HOW, IF, OR WHEN THE IMPROPER PAYMENT WILL BE RETURNED. Unusable forms of payment include but are not limited to ACH transfers, credit cards, checks of any type, and cash deposits at seller local bank branches.

4.3 Incidentals Payments. Incidental charges for items such as storage, late payments, expedited paperwork delivery, etc... may be paid by the electronic payment methods you have provided. eRepairables will automatically charge for payments due and settle as needed with Market Stakeholders.

4.3 Vehicle Delivery. All vehicles must be towed from storage facilities, regardless of running condition. The storage lot release paperwork and address are provided only upon complete payment. It is your responsibility to arrange for pickup of any purchased vehicles within the allotted time frame, otherwise storage fees will begin to accrue daily.

While you are responsible to inspect items prior to bidding or making offers, you must also inspect any purchased item prior to it leaving its storage facility to ensure it remains in expected condition within industry tolerances. ONLY YOU ARE ARE RESPONSIBLE FOR ANY MISSING PARTS OR ADDITIONAL DAMAGE FOUND AFTER THE ITEM LEAVES THE STORAGE FACILITY.

4.5 Paperwork. You are required to provide suitable identification, sign, and return documents to complete transactions. The name on your drivers license must match your account information to receive title. Business customers must prove their association with the company in which they will be titling vehicle. Without prior approval otherwise, all items are transferred to the name listed on account. Title processing may be dependent on government entities. There is no guaranty for the duration. Titles will not be delivered for accounts with unpaid balances.

4.6 Forfeiture and Cancellation. Failure to pay for or pick up a won vehicle on time will result in forfeiture of the vehicle. The vehicle will be sent back to the auction for resale. You will be immediately charged all actual fees for buying and having to resell the item, plus a restocking fee equal to 10% of the initial sale price. In addition, you will be charged subsequently for any capital loss incurred if the vehicle re-sells at a loss. These fees will be automatically charged to your electronic billing method. You will be blacklisted from further bidding on our site and affiliated auction sites. Should payment methods fail, legal action will be taken to collect fees and associated legal costs.


Part 5: Warranty and Refund Policy

5.1 Applicable services. eRepairables is a marketplace consisting of many sellers. However, the eRepairables Warranty and Refund policy applies only to the services provided by eRepairables itself, namely the digital services provided via the software platform. Problems with the purchase of an item advertised on the eRepairables platform should be addressed directly with the seller of that item. The first step to resolve an issue is to identify the correct service or merchandise provider. We can assist you in that effort. It is your responsibility to understand services prior to paying for them.

5.2 Covered Issues. Covered issues are limited to site availability and functionality. Items we guarantee are limited to the following: We guarantee that the website will have reasonable up-time, with occasional exceptions for routine maintenance. We guarantee the technical functionality of services for which you have paid; for example the ability to enter bids/offers up to your bid limit and have them presented to sellers, and the ability to list vehicles for sale and have them presented to buyers.

5.3 Non-covered Issues. Items not guaranteed include but are not limited to the following: We do not guarantee a refund because you changed your mind. We do not guarantee a refund because you did not utilize the service. We do not guarantee a refund because you were unaware of buyer fees associated with purchasing items, or you were unaware of the need to provide a security deposit or are unwilling to do so. We do not guarantee 100% site up-time. We do not guarantee your success winning vehicles for which you bid or make offers. We do not guarantee you will sell vehicles you list for sale. We do not guarantee access to services beyond which you have paid for or provided the adequate security deposit, or id verification. We do not guarantee the site will contain the items for which you are looking, or buyers in the location to where you are targeting. We do not guarantee items purchased from other Marketplace Stakeholders. We do not guarantee a refund for recurring subscription payments you failed to cancel.

5.4 Remedies. If a Covered Issue should occur, you agree the first course of action is to allow eRepairables reasonable time to repair the issue. Only if the issue cannot be resolved in a reasonable time, we may provide a pro-rated refund for the future duration of the service for which you paid.


Part 6: Prohibited Use

6.1 Overview. You may not use your eRepairables Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of eRepairables Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us. By opening a eRepairables Account, you confirm that you will not use your Account to do any of the following:

6.2 Unlawful Activity. Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where eRepairables conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.

6.3 Abusive Activity. Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the eRepairables Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the eRepairables Site, other eRepairables Accounts, computer systems or networks connected to the eRepairables Site, through password mining or any other means; use eRepairables Account information of another party to access or use the eRepairables Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's eRepairables Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of eRepairables

6.4 Abuse Other Users. Interfere with another individual's or entity's access to or use of any eRepairables Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the eRepairables Site about others, including without limitation email addresses, without proper consent

6.5 Fraud. Activity which operates to defraud eRepairables, eRepairables users, or any other person; provide any false, inaccurate, or misleading information to eRepairables

6.6 Intellectual Property Infringement. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of eRepairables intellectual property, name, or logo, including use of eRepairables trade or service marks, without express consent from eRepairables or in a manner that otherwise harms eRepairables or the eRepairables brand; any action that implies an untrue endorsement by or affiliation with eRepairables


Part 7: Dispute Resolution

7.1 Contact eRepairables. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://erepairables.com/support or write to us at eRepairables Customer Support, 26130 Groesbeck Hwy, Warren, MI 48089, USA. When you contact us please provide us with your name, address, and any other information we may need to identify you, your eRepairables Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, you may also report your claim by calling (888) 204-5650.

7.2 Arbitration; Waiver of Class Action. If you have a dispute with eRepairables, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) and you and eRepairables hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration.

7.3 Jurisdiction, Choice of Law and Forum. This website is operated by us in the United States of America(“USA”), and we make no warranty that the content on this website is appropriate and/or available for use outside of the USA. Those who choose to access the website from outside the USA do so on their own initiative and are responsible for local laws, rules, and regulations if and to the extent that such are applicable. Any and all services, and rights of access and use hereunder, are performed, performable, and/or sold in the state of Michigan, USA, and you irrevocably agree and consent that any dispute or controversy between you and eRepairables.com (including, without limitation, its affiliates, subsidiaries, related companies, or agents) or any claim or cause of action that you may have, think you have, or submit in connection with your access to or use of this website, the services, or pursuant to these Terms of Use shall be governed by the laws of the state of Michigan, without regard to conflict of laws principles, and shall be filed in the state of Michigan which you acknowledge, consent to, and expressly agree will be the exclusive forum and venue for any legal dispute between you and eRepairables.com (including, without limitation, its affiliates, subsidiaries, related companies, or agents). Moreover, any dispute, claim, and/or cause of action that you may have hereunder or with respect to your access to or use of this website must be commenced by filing suit in Macomb County, state of Michigan. As more fully described above in these Terms of Use, your access to and use of this website constitutes your acceptance of and express agreement with these Terms of Use.


Part 8: General Provisions

8.1 Release of eRepairables; Indemnification. If you have a dispute with one or more users of the eRepairables services, you release eRepairables, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold eRepairables, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

8.2 Limitation of Liability; No Warranty. THE EREPAIRABLES SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EREPAIRABLES SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. EREPAIRABLES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE EREPAIRABLES SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

8.3 Entire Agreement. This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and eRepairables as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and eRepairables. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

8.4 Entire Agreement. We may amend or modify this Agreement by posting on the eRepairables Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the eRepairables Services, or suspension or termination of your access to the eRepairables Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.

8.5 Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any eRepairables affiliates or subsidiaries, or to any successor in interest of any business associated with the eRepairables Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

8.6 Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

8.7 Change of Control. In the event that eRepairables is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

8.8 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, eRepairables Account cancellation, debts owed to eRepairables, general use of the eRepairables Site, disputes with eRepairables, and general provisions, shall survive the termination or expiration of this Agreement.

8.9 Governing Law. You agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and eRepairables, except to the extent governed by federal law.

8.10 Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

8.11 English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement or the eRepairables Site is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

8.12 Relationship of the Parties. eRepairables is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and eRepairables to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or eRepairables to be treated as the agent of the other.

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