EXPRESS TECH CORP. REPAIR SERVICE AGREEMENT
This Express Tech Corp. Repair Service Agreement is made on the date of your assent, by and between you (hereinafter referred to as “User”), as provided by your assent to these terms, either by your signature or electronic verification of your assent, and Express Tech Corp. (hereinafter referred to as “ExpressTech.com”), a North Carolina corporation with a principal office address in Raleigh, North Carolina, User and ExpressTech.com agree to the following terms.
1. CONTRACTUAL RELATIONSHIP BETWEEN USER AND COMPANY.
This Agreement governs the access or use by you, the User, an individual, of content, products, applications, websites, and services (hereinafter referred to as the “Services”) made available by Express Tech Corp, a North Carolina corporation, and its subsidiaries and affiliates (collectively, “ExpressTech.com”). In this Agreement, the words “including” and “include” shall be read and inferred to mean “including, but not limited to.
“PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, USING, OR CONTINUING TO USE ANY OF THE SERVICES.
These terms of this Agreement (hereinafter referred to as “Terms”) establish a contractual relationship between you, the User, and ExpressTech.com. If you do not agree to these Terms, you should neither access nor use the Services. Access and/or use of the Services constitutes your agreement to be bound by these Terms. These Terms expressly supersede any prior agreements or arrangements with you. ExpressTech.com may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason, notwithstanding the provisions of these Terms, and by accessing or using the Services, your agreement with our right to terminate prior agreements or to rescind or deny Services to you is implied.
Supplemental and/or Amended terms may apply to Services related to special events, activities, or promotions, and as such, Supplemental and/or Amended terms will be disclosed to you at our discretion about these Services. Supplemental and/or Amended terms are in addition to, and shall be deemed part of, the Terms for the purposes of the applicable Services. In the event of any conflict between Supplemental and/or Amended terms and these Terms, then the Supplemental and/or Amended terms shall prevail.
ExpressTech.com at its sole discretion may amend the Terms related to the Services when the current Terms no longer serve the best interests of the business. ExpressTech.com reserves to right to consider only its own best interests and is not required to consider the effect of any such changes on the User of the Services because Users have agreed to the Terms. ExpressTech.com will post updated Terms on the applicable Service. The Amendments to the Terms will be effective upon posting of such updated Terms at this location (ExpressTech.com). It is the Users’ responsibility to determine if the Terms have been amended prior to each use of the Services. Users’ continued access or use of the Services after such posting constitutes the Users’ consent to be bound by the Terms, as amended.
2. DEFINITION OF SERVICES.
The Services consist of repair services ordered through ExpressTech.com’s mobile software applications or ExpressTech.com’s websites software applications, provided as part of the Services (hereinafter each of the software application is referred to as an “Application”). Users who are seeking repair services for a mobile digital device, such as a smart phone or tablet, are provided with a repair technician, including independent contractor repair technicians under agreement with ExpressTech.com (hereinafter referred to as “ExpressTech.com Contractors”). The Services are made available solely for your personal/noncommercial use unless otherwise agreed in writing in a separate agreement with you.
YOU EXPRESSLY ACKNOWLEDGE THAT EXPRESSTECH.COM MAY HIRE EXPRESSTECH.COM CONTRACTORS TO PERFORM THE SERVICES. EXPRESSTECH.COM TAKES EVERY REASONABLE PRECAUTION, INCLUDING REQUIRING DRUG AND BACKGROUND CHECKS, WHEN DETERMINING THE POSSIBLE SUITABILITY OF A EXPRESSTECH.COM CONTRACTOR WHO HAS REQUESTED THAT THEIR SERVICES BE OFFERED THROUGH EXPRESSTECH.COM. EXPRESSTECH.COM DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF EXPRESSTECH.COM CONTRACTORS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A EXPRESSTECH.COM CONTRACTOR WILL MEET YOUR NEEDS AND EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL EXPRESSTECH.COM PARTICIPATE IN DISPUTES BETWEEN YOU AND A EXPRESSTECH.COM CONTRACTOR. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING EXPRESSTECH.COM CONTRACTORS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF EXPRESSTECH.COM CONTRACTORS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. EXPRESSTECH.COM SHALL NOT HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH EXPRESSTECH.COM CONTRACTORS.
A. LICENSE TO USE APPLICATIONS.
So long as the User is in and remains in compliance with these Terms, ExpressTech.com grants the User a limited, non-exclusive, non-transferable, non-divisible, wholly revocable license, without the right to sublicense to others, to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services and/or Applications, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by ExpressTech.com and ExpressTech.com’s licensors, if any. B. RESTRICTIONSThe User may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services or Applications; (ii) exploit the Service or Applications, including but not limited to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, or broadcast the Services or Applications except, as expressly permitted by ExpressTech.com; (iii) decompile, reverse engineer, or disassemble the Services or Applications except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services or Applications without the express written consent of ExpressTech.com; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Applications, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Applications; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or Applications, or its related systems or networks.
C. THIRD-PARTY SERVICES AND CONTENT
The Services and Applications, and all rights therein, are and shall remain ExpressTech.com’s property or the property of ExpressTech.com’s licensors (if any).
In no event or situation, unless otherwise agreed in writing by ExpressTech.com, will these Terms, or the User’s use of the Services and/or Applications, convey to or grant any User rights: (i) related to the Services and/or Applications except for the limited license granted above; or (ii) to use or reference in any manner logos, products, service names, trademarks, or service marks of ExpressTech.com or their licensors, if any. ExpressTech.com will aggressively defend any and all of its rights to ownership.
3. USE OF THE SERVICES
A. USER ACCOUNTS
You must register for and maintain an active personal User Services account (hereinafter referred to as “Account”) in order to use most aspects of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ExpressTech.com certain personal information, such as your name, mobile phone number, and age, as well as at least one valid form of payment. In order to continue using the Services, you agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or may result in ExpressTech.com’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ExpressTech.com in writing, you may only possess one Account. ExpressTech.com may terminate these Terms and its relationship with you for any violation of these Terms.
If you invite a guest to participate in the Services, you acknowledge and agree that (a) you will indemnify, defend, and hold ExpressTech.com harmless from any claims, allegations, damages, or other demands against ExpressTech.com for any and all damages alleged or sustained by such guest, and (b) you acknowledge that you have obtained from such guest a copy of these Terms, signed and agreed to by such guest. You agree that you will transmit to ExpressTech.com a true and correct copy of the Terms signed by the guest upon written demand by ExpressTech.com.
B. CONDUCT AND SPECIFIC REQUIREMENTS
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive cellular phone and/or tablet repair services from EXPRESSTECH.COM CONTRACTORS unless they are accompanied by you. You agreed to indemnify, defend and hold ExpressTech.com and the EXPRESSTECH.COM CONTRACTORS harmless from any consequences resulting from your decision to permit a person under the age of 18 to participate in the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not cause nuisance, annoyance, inconvenience, or property damage, whether to the EXPRESSTECH.COM CONTRACTOR or any other party, in your use of the Services.
C. CONSENT TO RECEIVE SMS MESSAGES
You agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. If at any time you determine you no longer want to receive text (SMS) message you may opt-out of receiving such messages by emailing opt-out@ExpressTech.com.cc with your request. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
D. PROMOTIONAL CODES
ExpressTech.com may, in ExpressTech.com’s sole discretion, create and offer promotional codes related to a EXPRESSTECH.COM CONTRACTOR’s services, subject to terms that ExpressTech.com establishes on a per promotional code basis (hereinafter referred to as “Promo Codes”). You agree, and your use of the Services imply your understanding, that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by ExpressTech.com; (iii) may be disabled by ExpressTech.com at any time, for any reason, without liability to ExpressTech.com; (iv) may only be used pursuant to the specific terms that ExpressTech.com establishes for such Promo Code; (v) have no cash value; and (vi) may expire prior to your use. ExpressTech.com reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ExpressTech.com determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. ExpressTech.com may do this at its sole discretion to protect its business interests.
E. NETWORK ACCESS AND DEVICES
ExpressTech.com does not guarantee that the Applications, or any portion thereof, will function on any particular hardware or devices. You understand and acknowledge that the Applications may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You are responsible for any and all software and hardware requirements necessary or preferable for using the Applications, including but not limited to acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto, as well as obtaining the data network access necessary to use the Services and/or Applications. The User’s wireless/mobile network’s data and messaging rates and fees may apply if the Services and/or Applications are accessed or the Services and/or Applications are utilized from a wireless-enabled device.
F. USER PROVIDED CONTENT
ExpressTech.com may, in ExpressTech.com’s sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to ExpressTech.com through the Services, textual, audio, and/or visual content and information, which includes any and all information you submit, upload, publish, or otherwise make available to ExpressTech.com through the Services (hereinafter referred to as “User Submitted Content”). While any User Submitted Content provided by you remains your property, by providing User Submitted Content to ExpressTech.com you grant ExpressTech.com a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Submitted Content in all formats and distribution channels now known or hereafter devised (including but not limited to in connection with the Services and ExpressTech.com’s business and on third- party sites and services), without further notice to you and without consent from you, and without the requirement of payment to you or to any other person or entity. By providing User Submitted content you hereby agree with all the terms and provisions of these Terms relating to User Submitted Content.
By providing User Submitted Content, you are representing and warranting that: (i) you are the sole and exclusive owner of all User Submitted Content or you have all rights, licenses, consents and releases necessary to grant ExpressTech.com the license to the User Submitted Content as set forth in the Terms; and (ii) neither the User Submitted Content nor your submission, uploading, publishing or otherwise making available of such User Submitted Content nor ExpressTech.com’ use of the User Submitted Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to indemnify, defend, and hold ExpressTech.com harmless from any and all claims alleged against ExpressTech.com relating to the User Submitted Content.
You represent, warrant, and agree not to provide any User Submitted Content that may reasonably be considered by ExpressTech.com or its licensors, if any, to be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, whether or not any State or Federal law may protect such material. ExpressTech.com may, but shall not be obligated to, review, monitor, or remove User Submitted Content, at ExpressTech.com’s sole discretion, and at any time and for any reason, without notice to the User.
4. PAYMENT FOR SERVICES
You understand and agree that services and equipment secured through ExpressTech.com, whether requested by yourself or a guest, which are provided by a EXPRESSTECH.COM CONTRACTOR, require payment (“Charges”) and that payment will be taken from the valid debit or credit card provided when the Account was created. ExpressTech.com will process payments using the rates provided on the Services. ExpressTech.com acts primarily as its own payment collection agent but reserves the right to engage third-party collection agents when the need arises. The User will receive a receipt by email at the time payment is processed. The receipt will be sent to the email address on file for the Account. The customer shall pay ExpressTech.com a fee of $25 for each failed payment. ExpressTech.com reserves the right to increase or decrease this fee, based on the needs of the business.
All charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by ExpressTech.com. You understand and agree that: (i) all Charges are due immediately and (ii) payment will be facilitated by ExpressTech.com using the preferred payment method the User designated when initiating or modifying the Account. If payment cannot be processed using the Account preferred payment method, for any reason whatsoever, the User agrees that ExpressTech.com will use a secondary payment method in the Account, if available.
ExpressTech.com reserves the right to establish, remove, and/or revise Charges for any or all aspects of the Services at any time. ExpressTech.com will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. ExpressTech.com may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the EXPRESSTECH.COM CONTRACTOR’s arrival.
5. LIMITED WARRANTY.
You are provided with a 30-day limited warranty on products and services as follows: (a) Screen/LCD and/or any other repaired or replaced parts that malfunction, or do not work as intended or designed to work, and (b) the limited warranty provided is limited to the parts and/or service(s) that you paid for. Except as otherwise provided in these Terms, the limited warranty extends to cover the labor cost of part replacement and any other repairs specifically resulting from the initial repair.
The limited warranty set forth above does not protect against: (a) your actions that cause damage to the device that was repaired by the EXPRESSTECH.COM CONTRACTOR, (b) software issues unrelated to the repair, (c) devices that have been jailbroken, (c) any loss of data occurring as a result of the repair, (d) any issue you knew about and advised the EXPRESSTECH.COM CONTRACTOR or ExpressTech.com related to the device separate from the repair, and noted prior to the repair being made, or (e) water damage. The limited warranty set forth in these Terms is valid only for the specific device repaired and the original customer. Under no circumstances is the limited warranty transferable to different devices or to an individual that is not you.
While you will notify ExpressTech.com of any warranty claim, and ExpressTech.com will thereafter notify the EXPRESSTECH.COM CONTRACTOR of the need to investigate the limited warranty claim, liability for performing the limited warranty repair services will rest solely with the EXPRESSTECH.COM CONTRACTOR that performed the repair service. By using the Services, you are authorizing the EXPRESSTECH.COM CONTRACTOR to perform repair work on your cellular phone or tablet device. You understand that neither ExpressTech.com nor the EXPRESSTECH.COM CONTRACTORS are an Authorized Service Provider (ASP) of any cellular phone or tablet manufacturer, including but not limited to Apple Inc., and that neither ExpressTech.com nor the EXPRESSTECH.COM CONTRACTOR are in any way affiliated with the cellular phone or tablet manufacturer, including but not limited to Apple Inc. Furthermore, by using the Services you agree to release, indemnify, and hold ExpressTech.com harmless from liability for any claims or damages of any kind or description that may arise from any cellular phone or tablet device repair work performed on your device unless it is caused by the gross negligence of the EXPRESSTECH.COM CONTRACTOR.
By utilizing the Services you understand that ExpressTech.com has no liability for any data loss, which may occur as a result of work done on your device. You also understand that you have the option to, and are responsible for backing up your device before allowing the EXPRESSTECH.COM CONTRACTOR to perform repair work on your device.
By utilizing the Services you understand that any repairs or technical assistance rendered by the EXPRESSTECH.COM CONTRACTOR may void manufacturer warranties for the device repaired, and that ExpressTech.com will not assume any liability or warranty in the event that the manufacturer warranties are voided. ExpressTech.com and the EXPRESSTECH.COM CONTRACTORS have no liability whatsoever for indirect or consequential damages resulting from a repair or repair attempt, including any lost or damaged data, software, or lost profits or revenue of the customer. In addition, ExpressTech.com and its EXPRESSTECH.COM CONTRACTORS are under no obligation to notify you concerning any voiding of your manufacturer’s warranty, and you expressly acknowledge that most work performed by Expresstech.com will void most manufacturer’s warranties.
ExpressTech.com will provide a limited warranty to you that from the date the repair Services are provided to you and for a period of 30 days following such date, so long as you remain the owner (hereinafter referred to as “Limited Warranty Period”), each part and accessory provided to you as a component of the repair performed by the EXPRESSTECH.COM CONTRACTOR under these Terms will be materially free of manufacturing defects. ExpressTech.com’ sole obligation, and your sole remedy, under this warranty is limited to, at ExpressTech.com’s sole discretion, repair or replacement of the defective part or accessory provided as a component of the repair. This warranty under these Terms is non-transferable.
NOTE: ExpressTech.com’s obligations under the limited warranty contained in these Terms are conditioned on your prompt notification to ExpressTech.com of any warranty claim and complying with ExpressTech.com’s then-current warranty procedures provided to you.
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS:
A. The Services are provided “as is” and “as available” to the extent permitted by state law (which will not apply to residents of Alabama, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and District of Columbia). ExpressTech.com disclaims all representations and warranties, statutory, express or implied, unless they are expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement (except the express warranty of Merchantability in the following states: Alabama, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and District of Columbia as provided above). In addition, ExpressTech.com makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any goods or services obtained through the use of the Services, or that the Services will be uninterrupted or error-free (subject to the exceptions noted above).
B. By using the Services you agree that the entire risk arising out of your use of the Services, and any third-party goods or services obtained in connection therewith, is borne solely by you, to the maximum extent permitted by law.
C Nothing contained in this disclaimer will alter your rights as a consumer to the extent not permitted under applicable law in the jurisdiction where the Services are actually performed for you.
7. LIMITATION OF LIABILITY
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS:
A. Under no circumstances, even if ExpressTech.com has been advised of the possibility of the following damages, and unless expressly forbidden by applicable law related to the Services, will ExpressTech.com be liable to you for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage. ExpressTech.com shall not be liable for any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any EXPRESSTECH.COM CONTRACTOR, even if ExpressTech.com has been advised of the possibility of such damages. ExpressTech.com shall not be liable for delay or failure in performance resulting from causes beyond ExpressTech.com’ reasonable control. Notwithstanding anything in these terms to the contrary, in no event shall ExpressTech.com total liability to you in connection with the Services for all damages, losses, and causes of action exceed seven hundred and fifty U.S. Dollars (US$750).
B. By using the Services you agree that the entire risk arising out of your use of the Services, and any third-party good or Services obtained in connection therewith, is borne solely by you, to the maximum extent permitted by law.
C. Nothing contained in this disclaimer will alter your rights as a consumer to the extent not permitted under applicable law in the jurisdiction where the Services are actually performed for you.
D. These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction where the Services to you are actually rendered.
You agree to indemnify and hold ExpressTech.com and its members, shareholders, owners, officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ExpressTech.com’s’ use of your User Submitted Content; or (iv) your violation of the rights of any third-party, including EXPRESSTECH.COM CONTRACTORS.
9. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms, including but not limited to a dispute, claim or controversy relating to the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (hereinafter referred to collectively, “Disputes”) will be settled by binding arbitration between you and ExpressTech.com. Notwithstanding the preceding, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights, including but not necessarily limited to a party’s copyrights, trademarks, trade secrets, or patents. By using the Services you acknowledge and agree that you and ExpressTech.com are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or other representative proceeding. Further, unless agreed to in writing by all parties to be bound, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held to be unenforceable, then the entirety of this Section 9 will be deemed void and unenforceable. Except as provided in the preceding sentence, this Section 9 will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW
The arbitration specified under these Terms will be administered by the American Arbitration Association (hereinafter referred to as “AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes promulgated by the AAA (hereinafter referred to as the “AAA Rules”) then in effect, except as modified by this Section 9. (The AAA Rules are available at the AAA’s website https://www.adr.org). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
C. ARBITRATION PROCESS
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the Services are rendered, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. The AAA will appoint the arbitrator in accordance with the AAA Rules in the event the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration.
D. ARBITRATION LOCATION AND PROCEDURE
Unless you and ExpressTech.com otherwise mutually agree in writing, (a) These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of law rules, and (b) the exclusive jurisdiction of the arbitration will be in the State of Delaware. If your claim does not exceed $12,500, then the arbitration will be conducted solely on the basis of documents you and ExpressTech.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $12,500, your right to a hearing will be solely determined by the AAA Rules. The arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration, and so long as consistent with the AAA rules.
E. ARBITRATOR’S DECISION
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s damages award shall be consistent with the terms of the “Limitation of Liability” section above. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
The responsibility for payment of any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
G. CHANGES TO DISPUTE RESOLUTION SECTION
Notwithstanding any other provisions of these Terms regarding the modification of these Terms, if ExpressTech.com changes this Dispute Resolution terms of this Sections after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing ExpressTech.com written notice of such rejection by mail or hand delivery to: ExpressTech.com, ATTN: Disputes Resolution Department, 3411 Integrity Dr., Garner NC 27529 or by email from the email address associated with your Account to: DisputeResolution@ExpressTech.com, within 30 days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and ExpressTech.com in accordance with the provisions of this Section 9 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
10. OTHER PROVISIONS
A. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict of law principles.
B. CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to: ExpressTech.com, Attn: Legal Department, 3411 Integrity Dr., Garner NC, 27529, or by email to legal@ExpressTech.com.
The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ExpressTech.com, with such notice deemed given when received by ExpressTech.com, at any time by first class mail or pre-paid post to: ExpressTech.com, Attn: Notices, 3411 Integrity Dr., Garner, NC 27529. ExpressTech.com does not accept notice by email.
You may not assign these Terms without ExpressTech.com’s prior express written approval. ExpressTech.com may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ExpressTech.com’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be deemed null and void. No joint venture, partnership, employment, or agency relationship exists between you, ExpressTech.com or any EXPRESSTECH.COM CONTRACTOR as a result of the agreements contained in these Terms or your use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible under law. ExpressTech.com’s failure to enforce any right or provision in these Terms shall not constitute or be construed as a waiver of such right or provision unless acknowledged and agreed to by ExpressTech.com in writing.