Terms and Conditions
Terms and conditions
- CONTRACTUAL RELATIONSHIP BETWEEN USER AND COMPANY
These Terms and conditions of Use (“Terms”) govern the access or use by you, an individual, of content, products, applications, websites, and services (the “Services”) made available by TodayRepairs, a Delaware Corporation and its subsidiaries and affiliates (collectively, “TodayRepairs”). In these Terms, the words “including” and “include” shall be read and inferred to mean “including, but not limited to.”
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.
These terms establish a contractual relationship between you and TodayRepairs, and your use and access of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. TodayRepairs 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.
Supplemental and/or amended terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental/amended terms will be disclosed to you in connection with the applicable Services for a particular event, activity or promotion, as applicable. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. In the event of any conflict between Supplemental terms and these Terms, then the Supplemental terms shall prevail.
TodayRepairs may amend the Terms related to the Services from time to time in TodayRepairs’s sole discretion. Amendments to the Terms will be effective upon TodayRepairs’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. It is your responsibility to determine if the Terms have been amended prior to each use of the Services, and your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Any unpaid invoices can result in collections including liens and judgements, you hereby certify TodayRepairs Technologies Inc can assess a $30 late fee per appointment upon completion of service if invoice is not paid within 30 days.
TodayRepairs is not liable for personal injury or death resulting from negligence resulting from a repair.
TodayRepairs does not cover damage from floods, earthquakes, tornados, or any other acts of nature.
There are no refunds on special order parts. Special order parts are defined as any part that needs to be ordered from a manufacturer.
In the event that a third party repair professional has to add freon to an appliance, the freon will be non-refundable and not covered under guarantee.
- THE “SERVICES”
The Services constitute a technology platform that connects i) users of TodayRepairs’s mobile applications or websites provided as part of the Services (each, an “Application”) who are seeking repair services for cellular phones, tablets, PC or laptop computers, installation of TV or smart home devices, or related digital device support services to ii) a network of third party service providers, including independent third party repair professionals and third party logistics providers under agreement with TodayRepairs (“Third Party Professionals”). The Services are made available solely for your personal/noncommercial use unless otherwise agreed in writing in a separate agreement with you.
YOU ACKNOWLEDGE AND AGREE THAT TodayRepairs DOES NOT PROVIDE CELLULAR PHONE AND/OR TABLET REPAIR AND/OR PC OR LAPTOP REPAIR OR SUPPORT SERVICES OR LOGISTICS OR TV OR SMART HOME DEVICE INSTALLATION AND/OR SUPPORT OR FUNCTION AS A CELLULAR PHONE AND/OR TABLET AND/OR PC OR LAPTOP REPAIR SERVICES COMPANY OR TV OR SMART HOME INSTALLATION AND/OR SUPPORT COMPANY. TodayRepairs’s SERVICES ARE TO BE USED BY YOU, IF AT ALL, FOR THE PURPOSE OF REQUESTING AND SCHEDULING REPAIR OR INSTALLATION OR SUPPORT SERVICES OR LOGISTICS SERVICES WITH THIRD PARTY PROFESSIONALS FOR ELECTRONIC DEVICES, BUT YOU AGREE THAT TodayRepairs HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY REPAIR OR INSTALLATION OR SUPPORT SERVICES OR LOGISTICS PROVIDED TO YOU BY THE THIRD PARTY PROFESSIONALS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
TodayRepairs DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROFESSIONALS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROFESSIONAL WILL MEET YOUR NEEDS AND EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL TodayRepairs PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROFESSIONAL. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROFESSIONALS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THIRD PARTY PROFESSIONALS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. TodayRepairs SHALL NOT HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROFESSIONALS.
So long as you are in (and remain in) compliance with these Terms, TodayRepairs grants you a limited, non-exclusive, non-sublicensable, revocable at TodayRepairs’s sole discretion, and non-transferrable license 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, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by TodayRepairs and TodayRepairs’s licensors, if any.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) exploit the Services, 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 except, as expressly permitted by TodayRepairs; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services without the express written consent of TodayRepairs; (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 unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- THIRD-PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain TodayRepairs’s property or the property of TodayRepairs’s licensors (if any).
Under no circumstances, unless otherwise agreed in writing by TodayRepairs, will these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner TodayRepairs’s company names, logos, product and service names, trademarks or services marks or those of TodayRepairs’s licensor. TodayRepairs will aggressively defend any and all of its rights to ownership.
- USE OF THE SERVICES
- USER ACCOUNTS
You must register for and maintain an active personal user Services account (“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 TodayRepairs 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 TodayRepairs’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 TodayRepairs in writing, you may only possess one Account. TodayRepairs 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 TodayRepairs harmless from any claims, allegations, damages, or other demands against TodayRepairs 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 TodayRepairs a true and correct copy of the Terms signed by the guest upon written demand.
- 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 and/or PC or laptop computer repair services or TV or smart home installation or support services from Third Party Professionals unless they are accompanied by you. You agreed to indemnify, defend and hold TodayRepairs and the Third Party Professionals 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 Third Party Professional or any other party, in your use of the Services.
- CONSENT TO RECEIVE SMS MESSAGES
You agree that the Services may send you informational text (SMS) messages, including from Third Party Professionals, as part of the normal business operation of your use of the Services. You also agree to receive text (SMS) messages from TodayRepairs regarding new services available and special promotions up to 3 times a month. If at any time you determine you no longer want to receive text (SMS) messages from TodayRepairs, you may opt-out of receiving such messages by emailing opt-out@TodayRepairs.com with your request or responding to the text (SMS) message with STOP or UNSUBSCRIBE to be removed. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
- PROMOTIONAL CODES
TodayRepairs may, in TodayRepairs’s sole discretion, create and offer promotional codes related to a Third Party Professional’s services, subject to terms that TodayRepairs establishes on a per promotional code basis (“Promo Codes”). You agree 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 TodayRepairs; (iii) may be disabled by TodayRepairs at any time for any reason without liability to TodayRepairs; (iv) may only be used pursuant to the specific terms that TodayRepairs establishes for such Promo Code; (v) have no cash value; and (vi) may expire prior to your use. TodayRepairs 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 TodayRepairs 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. TodayRepairs may do so in TodayRepairs’s sole discretion.
- NETWORK ACCESS AND DEVICES
TodayRepairs does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You understand and acknowledge that the Services 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 Services, 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. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.
- USER PROVIDED CONTENT
TodayRepairs may, in TodayRepairs’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to TodayRepairs 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 TodayRepairs through the Services (“User Submitted Content”). While any User Submitted Content provided by you remains your property, by providing User Submitted Content to TodayRepairs you grant TodayRepairs 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 TodayRepairs’s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or 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 guaranteeing 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 TodayRepairs 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 TodayRepairs’s 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 TodayRepairs harmless from any and all claims alleged against TodayRepairs relating to the User Submitted Content.
You represent, guarantee and agree not to provide any User Submitted Content that is determined by TodayRepairs, in its sole discretion, to be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, whether or not any State or Federal law may protect such material. TodayRepairs may, but shall not be obligated to, review, monitor, or remove User Submitted Content, at TodayRepairs’s sole discretion, and at any time and for any reason, without notice to you.
- PAYMENT FOR SERVICES
You understand and agree that use of the Services may result in payments by you for the services you receive from a Third Party Professional (“Charges”). After you have received services from a Third Party Professional obtained through your use of the Service, TodayRepairs will facilitate payment of the applicable Charges on behalf of the Third Party Professional, solely as such Third Party Professional’s limited payment collection agent, using the preferred payment method you have designated when initiating or modifying your Account, and will send you a receipt by email at the end of each session. By utilizing the Services, it is understood and agreed that payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Professional. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by TodayRepairs in its sole discretion. While you do retain the right to request lower Charges from a Third Party Professional for services received by you from such Third Party Professional at the time you receive such services from the Third Party Professional, TodayRepairs will respond accordingly to any request from a Third Party Professional to modify the Charges for a particular service.
You understand and agree that (i) all Charges are due immediately and (ii) payment will be facilitated by TodayRepairs using the preferred payment method you have designated when initiating or modifying your Account. If your primary Account payment method is determined to not able to be charged for any reason whatsoever, you agree that TodayRepairs may, as the Third Party Professional’s limited payment collection agent, use a secondary payment method in your Account, if available.
TodayRepairs reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in TodayRepairs’s sole discretion. TodayRepairs 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. TodayRepairs 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 from a Third Party Professional at any time prior to such Third Party Professional’s arrival.
The Third Party Professional provides you with a 90 day guarantee on the cellular phone and/or tablet repair 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 guarantee provided is limited to the parts and/or service(s) that you paid for. Except as otherwise provided in these Terms, the guarantee extends to cover the labor cost of part replacement and any other repairs specifically resulting from the initial repair.
The guarantee set forth above does not protect against: (a) your actions that cause damage to the device that was repaired by the Third Party Professional, (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 (YOU ARE ADVISED TO BACK UP ALL DATA PRIOR TO ANY REPAIR ATTEMPT), (d) any issue you knew about and advised the Third Party Professional or TodayRepairs related to the device separate from the repair, and noted prior to the repair being made, (e) water damage. The guarantee set forth in these Terms is valid only for the specific device repaired and the original customer. Under no circumstances is the guarantee transferable to different devices or to an individual that is not you.
While you will notify TodayRepairs of any guarantee claim, and TodayRepairs will thereafter notify the Third Party Professional of the need to investigate the guarantee claim, liability for performing the guarantee repair services will rest solely with the Third Party Professional that performed the repair service. By using the Services, you are authorizing the Third Party Professional to perform repair work on your cellular phone or tablet device. You understand that neither TodayRepairs nor the Third Party Professionals are an Authorized Service Provider (ASP) of any cellular phone or tablet manufacturer, including but not limited to Apple Inc., and that neither TodayRepairs nor the Third Party Professional are in any way affiliated with the cellular phone or tablet manufacturer, including but not limited to Apple Inc. Further, by using the Services you agree to release, indemnify, and hold TodayRepairs 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 Third Party Professional.
By utilizing the Services you understand that TodayRepairs 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 Third Party Professional to perform repair work on your device.
By utilizing the Services you understand that any repairs or technical assistance rendered by the Third Party Professional may void manufacturer guarantees for the device repaired, and that TodayRepairs will not assume any liability or guarantee in the event that the manufacturer guarantees are voided. TodayRepairs and the Third Party Professionals 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.
TodayRepairs will guarantee to you that from the date the repair Services are provided to you and for a period of 90 days following such date, so long as you remain the owner (“Guarantee Period”), each part and accessory provided to you as a component of the repair performed by the Third Party Professional under these Terms will be materially free of manufacturing defects. TodayRepairs’s sole obligation, and your sole remedy, under this guarantee is limited to, at TodayRepairs’s sole discretion, repair or replacement of the defective part or accessory provided as a component of the repair. This guarantee under these Terms is non-transferable.
PLEASE NOTE that TodayRepairs’s obligations under the guarantee contained in these Terms are conditioned on your prompt notification to both the Third Party Professional AND TodayRepairs of any guarantee claim and complying with TodayRepairs’s then-current guarantee procedures provided to you.
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS:
- The services are provided “as is” and “as available.” TodayRepairs disclaims all representations and guarantees, statutory, express or implied, unless they are expressly set out in these terms, including the implied guarantees of merchantability, fitness for a particular purpose and non-infringement. In addition, TodayRepairs makes no representation, 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.
- 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 beared solely by you, to the maximum extent permitted by law.
- 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.
- LIMITATION OF LIABILITY
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS: A. Under no circumstances, even if TodayRepairs has been advised of the possibility of the following damages, and unless expressly forbidden by applicable law related to the services, will TodayRepairs 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. TodayRepairs 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 third party professional, even if TodayRepairs has been advised of the possibility of such damages. TodayRepairs shall not be liable for delay or failure in performance resulting from causes beyond TodayRepairs’s reasonable control. Notwithstanding anything in these terms to the contrary, in no event shall TodayRepairs 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).
- 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 beared solely by you, to the maximum extent permitted by law.
- 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
- In spite of extreme care by the Third Party Professional some damages may occur during the Service call and/or repair process. TodayRepairs Technologies Inc is not liable for such damages like flooding/leaks/water damage/electrical or plumbing lines from plumbing, gas or drainage work including blockages.
If damage to plaster and brickwork is caused it will be the customer’s responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc
There are no refunds on special order parts. Special order parts are defined as any part that needs to be ordered from a manufacturer
In respect of all claims the Third Party Professional and TodayRepairs Technologies Inc shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/parts or in properly assessing the Customer’s claim.
You agree to indemnify and hold TodayRepairs 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) TodayRepairs’s use of your User Submitted Content; or (iv) your violation of the rights of any third party, including Third Party Professionals.
- 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 (collectively, “Disputes”) will be settled by binding arbitration between you and TodayRepairs. 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 TodayRepairs 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.
- ARBITRATION RULES AND GOVERNING LAW
The arbitration specified under these Terms will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes promulgated by the AAA (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.
- 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.
- ARBITRATION LOCATION AND PROCEDURE
Unless you and TodayRepairs otherwise mutually agree in writing, (a) These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, 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 TodayRepairs 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.
- 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 guaranteed 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
- CHANGES TO DISPUTE RESOLTION SECTION
Notwithstanding any other provisions of these Terms regarding the modification of these Terms, if TodayRepairs changes this Dispute Resolution terms of this Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing TodayRepairs written notice of such rejection by mail or hand delivery to: TodayRepairs, ATTN: Disputes Resolution Department, 849 East Stanley Blvd, #203 Livermore CA 94550-4008 or by email from the email address associated with your Account to: ADR-Dept@TodayRepairs.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 TodayRepairs 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).
- OTHER PROVISIONS
- CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of law principles.
- CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to: TodayRepairs, Attn: Legal Department, 849 East Stanley Blvd, #203 Livermore CA 94550-4008 or by email to legal@TodayRepairs.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 TodayRepairs, with such notice deemed given when received by TodayRepairs, at any time by first class mail or pre-paid post to: TodayRepairs, 849 East Stanley Blvd, #203 Livermore CA 94550-4008.
You may not assign these Terms without TodayRepairs’s prior express written approval. TodayRepairs may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of TodayRepairs’s 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, TodayRepairs or any Third Party Professional 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. TodayRepairs’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 TodayRepairs in writing.
- Invite a friend program
Participating in our invite a friend program (either by referring your friends or by using your referral credits) can be a great way to introduce friends and family to our on-demand service platform and help you earn TodayRepairs service credits along the way.
By accepting and sharing your referral link or by booking via any referral link, you are agreeing to be bound by these Rules
- WHO IS ELIGIBLE TO BE A REFERRER/INVITER?
Anyone can be a referrer/inviter who (a) previously booked any TodayRepairs service or signed up via our TodayRepairs consumer app (b) has an existing TodayRepairs account
- WHO IS ELIGIBLE TO BE A REFEREE/INVITEE?
Any of your friends and family who (a) has never booked any TodayRepairs service in the past (b) does not have any TodayRepairs account by signing up via our TodayRepairs consumer app or by booking any service (c) has used a referral link/discount in the past to create an appointment (d) is the actual referrer/inviter
The referral link is only valid for one-time use, by a single person. The referee/invitee can not use a referral link more than once on a single or future appointment.
This cannot be combined with other coupons or discounts.
The referrer/inviter cannot use his own referral link/discount to book and receive a discount on any service
- HOW CAN I USE MY REFERRAL LINK?
You are able to share/send your referral link to any person who is eligible to receive the referral discount (See section B.). You are not eligible to receive a discount using yours or any other person’s referral link/discount on your appointment.
Once the referee/invitee clicks on your link they will be recognized as coming from your designated link, and be able to book any TodayRepairs home repair or maintenance service. After we validate that they are an eligible recipient of the referral discount (upon email validation) we will apply the referral discount to their service.
Once their service is fully completed (i.e. Done or Paid) you will be credited to your “TodayRepairs Wallet” for successfully referring a friend
- HOW DO I EARN & USE TodayRepairs CREDITS AS A REFERRER/INVITER?
Once a referrer/invitee successfully booked and paid for any TodayRepairs service via your referral link, we will credit your TodayRepairs account with the allotted credits. We will not credit your account in the case the appointment is (1) canceled for any reason (2) not created (3) if the user is not eligible to receive the TodayRepairs referral discount.
As a referrer/inviter you will be able to see how much TodayRepairs credits you have in your “TodayRepairs Wallet” via the TodayRepairs consumer app.
You will be able to use your credits when booking your next service. We will automatically apply any and all credits to your service, upon booking.
- TodayRepairs KIIS FM Promo Code Terms and Conditions
Offer valid through September 1, 2016. Promo Code may only be redeemed online at CellSavers.com or TodayRepairs.com.
Cannot be combined with any other offers, discounts, promotions, coupons, or Promo Codes. Promo Code only applicable to full price of service as listed on TodayRepairs’s websites.
Promo Code valid only for iPhone and iPad devices.
Promo Code must be entered upon check out/booking, and cannot be applied after order is submitted. TodayRepairs makes no guarantees as to arrival time of any repair technician.
No rain checks are available, and cannot be applied to past purchases.
Other restrictions may apply at TodayRepairs’s sole discretion. TodayRepairs reserves the right, without further notice, to end or modify the terms and conditions for use of the Promo Code, or to suspend or cancel the Promo Code promotion in whole or in part.
Void where prohibited by law.
Promo Code only applies to Southern California Residents requesting service from TodayRepairs in Southern California. TodayRepairs does not guarantee service in all areas of Southern California.
You must be 18 years or older to redeem the Promo Code.
Promo Code has no cash or other monetary value, and may not be redeemed for cash. The offer cannot be sold or otherwise bartered.
TodayRepairs reserves the right to refuse service to anyone as long as it does not violate of Federal or California law.
Payment for the service must be via credit card only, as set forth in the TodayRepairs general terms and conditions.
Effective Date: January 2020 Updated: August 2,2021
To the extent we provide you notice on our Services of different or additional privacy policies or practices (e.g., at the point of collection), those additional terms shall govern such data collection and use.
Please read this Policy carefully. This Policy is a legally binding contract between us and anyone who accesses or uses any of the Services. Capitalized terms not defined in this Policy have the definitions set forth in our Terms of Service. This Policy is incorporated into and is subject to our Terms of Service. In the event of a conflict between this Policy and the Terms of Service, the Terms of Service will control. If you have any questions about this Policy, please contact us at firstname.lastname@example.org. If you do not want us to collect, use, or share your information in the ways described in this Policy, please do not use the Services. By using the Services, you consent to the collection and use of your information (including personally identifiable information) by us as identified in this Policy.
Information We Collect
Our Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”).
Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that information is necessary to provide you with the applicable Services or we are legally required to collect it.
Account Information. In order to use some of our Services, you must register for an account. When you register for an account, we may access and collect the information you provide including your name, postal address, e-mail address, and date of birth. We may also ask you for additional information including your mobile phone number, social security number, credit or debit card number, financial account number, and a government-issued photo identification such as your driver’s license, state identification card, or passport.
Other Information You Provide. When you use our Services, you may choose to provide certain information directly to us to request more information about our Services or for other reasons. We will collect, use, share and store this Personal Information consistent with this Policy.
Location, Gaming, and Transaction Information. When you use our Services that require you to register for an account, we and our third party service providers may collect information about your precise physical location, your gaming activity, and all transactions associated with your account. We may share this information, and any other information we collect about you, with sports leagues, applicable gaming regulators and other government officials and/or agencies.
Device Information. When you use our Services, we and our third party service providers may use beacons and geofencing/geolocation services (“Verification Technologies”) to collect and analyze information about you, your device, and your activity. Information collected through Verification Technologies may include the type of device; mobile carrier you are using; your device identifiers; your (mobile) telephone number; your precise geographic location; and your activities within the Services including the links you click; the pages or screens you view; your session time; the number of times you click a page/screen or use a feature of the Services; the date and time you click on a page or use a feature; and the amount of time you spend on a page or using a feature. Information collected through Verification Technologies is stored in log files.
Wi-Fi and Location Information. In your use of the Services, we may collect information (directly or through third party service providers) that includes the type of device you are using, your device identification number, session time, etc. There are federal law prohibitions and restrictions relating to wagering on the Internet (including such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (“The Wire Act”) and 31 U.S.C. §§ 5361 through 5367 (“Unlawful Internet Gambling Enforcement Act”). Except where permitted by applicable law, it is a federal offense for persons physically located inside of a jurisdiction where wagering with the Services has not been legalized to engage in wagering on the Services. We and our service providers utilize several current technologies, and may use future technologies, in order to (i) verify your physical location while you are wagering on the Services and (ii) improve the location-based services. Verification Technologies report your physical location from the Internet-connected device that you choose and from which you are accessing the Services. Verification Technologies obtain your physical location by accessing your device GPS coordinates. The Verification Technologies report to us, our service providers and/or applicable regulatory agencies the physical and geographic location of the Internet-connected device from which you are accessing the Services. Your precise or near-precise physical location will be reported to us, our service providers and/or applicable regulatory agencies when you use the Services. You may withdraw this consent at any time by turning off the location settings or by notifying us in writing that you would like to withdraw such consent. If you turn off the location settings or withdraw such consent, you will not be able to access wagers offered via the Services. Your location information is retained during the time your account is active with us plus five (5) years, or as otherwise required by applicable state and federal laws and/or regulations. Location coordinate data is transmitted via Secure Socket Layer (“SSL”) technology and stored in password protected servers managed by us and our geolocation and operating partners. Neither us nor our partners will pass on or resell your location information to any third party except that they reserve the right to provide location information as necessary to satisfy any law, regulation or government agency request.
Tracking Technologies. As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns. This information may include details of your visits to our Sites and Betting Apps, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Sites and Betting Apps; and information about your computer or mobile device and internet connection, including your IP address, operating system and browser type. We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services. The information we collect through these technologies may include Personal Information, or we may maintain it and associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Services to deliver a better and more personalized service, including by enabling us to: estimate our audience size and usage patterns; store information about your preferences, allowing us to customize our Services according to your individual interests; speed up your searches; and recognize you when you return to our Services. The technologies we use for this automatic data collection may include:
- Log Data. When you use our Services, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the webpages you visit, the search terms you use, and any advertisements you interact with.
- Cookies and Similar Technologies. Like many websites, we also use “cookie” technology to collect additional website usage data and to improve our Services. A cookie is a small data file that we transfer to your computer’s hard disk or your mobile device’s internal storage. A session cookie enables certain features of the Services and is deleted from your computer or mobile device when you disconnect from or leave the Service. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. Persistent cookies can be removed by following your web browser help file directions. Most internet browsers automatically accept cookies. The Company may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on the Services, and to improve our Services.
- We may also automatically record certain information from your device by using various types of technologies, including “pixels” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the webpages or sites that you visit just before or just after you use our Services, the pages or other content you view or otherwise interact with on the Services, and the dates and times that you visit, access, or use the Services. We may also use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message, to the extent permitted under applicable law.
You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the services to their fullest potential.
Please note, the Company does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use our Services.
Affiliate and Third Party Information. We may obtain information about you from our affiliates, affiliated casinos, resorts, and properties that are owned, operated, managed by or affiliated with other gaming licensees (collectively “Gaming Affiliates”) and from third parties, including our business partners
How We Use the Information We Collect
Marketing Purposes. We may use the information we collect for our own marketing purposes including notifying you of special promotions, offers, and events via push notifications, e-mail, and other means, including SMS messaging, subject to compliance with applicable laws. We may also link Personal Information (including your name, mobile phone number, and e-mail address) with non-personal information (including information collected through Verification Technologies and Wi-Fi services) and use such information for our own marketing purposes. If you do not want us to use your personal information for marketing purposes, you may opt-out in accordance with the “Choices About How We Use and Disclose Your Information” section below.
IF YOU PROVIDE A CELL PHONE NUMBER AND EXPRESSLY CONSENT TO RECEIVE SMS MESSAGES FROM THE COMPANY, YOU EXPRESSLY CONSENT TO RECEIVING SMS MESSAGES FROM THE COMPANY THE PURPOSE OF WHICH IS TO MARKET THE COMPANY, OUR SERVICES, AND OUR PRODUCTS AND OTHER SERVICES. ALTHOUGH THERE IS NO FEE ASSOCIATED WITH THIS SERVICE, YOUR CARRIER MAY CHARGE YOU FOR EACH MESSAGE YOU RECEIVE IN ACCORDANCE WITH YOUR CALLING PLAN. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR SUCH CHARGES. IF YOU DO NOT WISH TO CONTINUE TO RECEIVE ANY MESSAGES VIA YOUR MOBILE DEVICE, YOU MAY OPT-OUT AT ANY TIME BY CONTACTING US AT email@example.com OR BY TEXTING “STOP” IN RESPONSE TO A MARKETING SMS MESSAGE YOU RECEIVE FROM THE COMPANY. FAILURE TO OPT-OUT CONSTITUTES YOUR CONSENT TO CONTINUE TO RECEIVE THESE MESSAGES UNTIL YOU ELECT TO OPT-OUT.
Non-Marketing Purposes. We may use the information we collect for non-marketing purposes including (1) validating your identity; (2) sending you push notifications or e-mails to provide you with alerts and updates about your account and the Services; (3) monitoring, processing and recording gaming-related activity; (4) conducting statistical or demographic analysis; (5) processing and tracking gaming and non-gaming transactions; (6) complying with legal and regulatory requirements; (7) customizing your experience with the Services; (8) protecting and defending the Company (which includes the company group) and all other Gaming Affiliates against legal actions or claims; (9) preventing fraud; (10) debt collection; (11) satisfying contractual obligations; (12) cooperating with law enforcement or other government agencies for purposes of investigations, national security, public safety, or matters of public importance when we believe that disclosure of information is necessary or appropriate to protect the public interest; and (13) for other business purposes permitted under applicable law (collectively “Non-Marketing Purposes”).
The Company will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated or incompatible purposes without providing you notice.
III. Who We Share Personal Information With
Sharing with Gaming Affiliates
We may share the information we collect with Gaming Affiliates for marketing purposes and for Non-Marketing Purposes. If you do not want us to share your personal information with Gaming Affiliates for marketing purposes, you may opt-out in accordance with the “Choices About How We Use and Disclose Your Information” section below.
Sharing with Third Parties
We may share the information we collect with our business partners and other third parties for (1) Non-Marketing Purposes, (2) joint marketing purposes, and (3) our business partners’ own marketing purposes. We require that these parties agree to process such information in compliance with this Policy and use appropriate confidentiality and security measures, and we use reasonable efforts to limit their use of such information.
Certain Business Transactions
We provide anonymized information to third parties. Any anonymized information we provide to third parties is not considered Personal Information and is not subject to the terms of this Policy. Further, we may share all of the Personal Information we collect with any successor to all or part of our business in connection with a transaction involving a sale, purchase, reorganization, merger, or transfer of any our assets or the assets of group affiliates.
Compliance with Laws and Law Enforcement
The Company cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the property and rights of the Company or a third party, to protect the Company against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Services and any equipment used to make the Services available, or to comply with the law.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Offers from the Company. If you do not wish to have your contact information used by the Company for promotional purposes, you can opt-out by sending us an email stating your request to firstname.lastname@example.org, calling us at 855-474-0606 or writing to us at:
2099-1901 Waverley St, Palo Alto, CA 94301
Additionally, if we have sent you a promotional email, you may click the “unsubscribe” link in the email or send us a return email asking to be omitted from future email distributions. Please note, this opt-out only applies to our use and sharing of your Personal Information for marketing purposes; we may still use and share Personal Information for Non-Marketing Purposes.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email with your request to email@example.com.
We do not control third parties’ collection or use of your Personal Information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your Personal Information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, located at https://networkadvertising.org.
Non-gaming information and non-live gaming data collected by us through the Services is stored on secure servers located in the United States. Internet wagering data collected by us through the Services is stored on secure servers in various states as required by law. Our United States-based servers may not offer a level of privacy protection as great as that offered in other jurisdictions. We make no representation that the practices described in this Policy are compliant with laws outside of the United States.
Our servers are protected by firewalls and other industry standard security measures. These security measures are intended to protect our servers from unauthorized access. However, no security system is impenetrable, and these systems could become accessible in the event of a security breach. We have controls in place that are designed to detect potential data breaches, contain and minimize the loss of data, and conduct forensic investigations of a breach.
Our staff is required to take reasonable measures to ensure that unauthorized persons cannot view or access your personal information. Employees who violate our policies and procedures are subject to disciplinary action, up to and including termination of employment.
We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you may use to send e-mails and submit information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you use will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of information that you send us before we receive it.
As a standard security practice, we will take reasonable steps which are generally recognized in the industry to ensure that the communication methods used to support the Services do not permit connection or communication by methods that have known security weaknesses or vulnerabilities. As such, if you experience trouble using the Services, it may be an indication that you need to upgrade to a newer version that supports more secure communication methods.
In situations where your Personal Information is collected by third parties under contract with us for performance of their contractual duties and other purposes, we require such third parties to exercise reasonable care to protect that information and restrict the use of your Personal Information to the purposes for which it was provided. When we share your Personal Information with Gaming Affiliates or third parties in accordance with this Policy, we require them to exercise reasonable care to protect such information and restrict the use of such information to the purposes for which it was provided to them.
Access to Personal Information
We will retain the information we collect about you as long as your account is active plus five (5) years, or as otherwise required by applicable state and federal laws and/or regulations. When your account is terminated, we will retain your personal information for as long as necessary to comply with our legal and regulatory obligations, resolve disputes, reasonably manage our business, and enforce contractual agreements. You may access, update, and correct inaccuracies in your personal information which is in our custody and control by visiting a Company sports book, by contacting us at firstname.lastname@example.org, by calling us at 855-474-0606 or writing to us at:
2099-1901 Waverley St, Palo Alto, CA 94301
VII. Other Web Sites
This Policy applies only to the Company. It does not apply to the practices of companies we do not control, or to people we do not employ. We are not responsible for the information collection or privacy practices of other web sites, including web sites accessible through the Services. You should review and understand the privacy policies posted on any linked sites you visit before using those sites or providing any personal information on them.
VIII. International Transfers
Information collected on the Services may be stored and processed in any country in which we or our affiliates, suppliers, third-party electronic payment processors and/or financial institutions or agents maintain facilities. By using the Services, you expressly consent to any transfer of information outside of the U.S. (including to countries that may not have been assessed as having adequate privacy laws).
Notice to EU Residents. This Policy applies only to the Services and does not govern the separate websites, applications, platforms, and services of affiliates or any third parties that may link to or be linked to/from the Services. In addition to the terms of the Policy, under the General Data Protection Regulation (“GDPR”), you have the right to access and request information from us regarding the personal information we collect about you, rectification of that information, the portability of that information, and to restrict (or withdraw consent as it relates to) the use of that information (see section IV above). To correct any inaccuracies of your personal information, please contact us using the information in section VI above. We will respond to your request free of charge, although you may be charged if the request will result in an undue burden to us or is excessive.
In certain circumstances, we may not be able to respond to a particular request where (1) we are complying with Non-Marketing Purposes (see section II above); (2) the request will have an adverse impact on the privacy, health or safety of others; or (3) as otherwise prohibited by applicable privacy and data protection laws. Where you make a request in respect of your rights, we will require proof of identification. We may also ask that you clarify your request. If we receive repeated requests or have reason to believe requests are being made unreasonably, we reserve the right not to respond.
We will always take reasonable steps to protect your personal information from misuse, loss, and unauthorized access or disclosure. Please be aware that while we have safeguards in place, there are inherent security risks associated with transmitting information, including personal information, across the Internet. You accept the inherent security risks of providing information over the Internet and will not hold us responsible for any breach of security.
In connection with the provision of Services, we may need to transfer data (including your personal information) to other companies in our company group and our partners and subcontractors who are based in the European Economic Area (“EEA“). Our company is committed to do so under standard contractual clauses or binding corporate rules or any other acceptable method that ensures a protection of your personal information to the standard required within the EEA.
Should you have an issue with the manner in which we manage our Policy or feel that we have not complied with applicable data protection laws, you may contact us using the information provided in this Policy and we will investigate the matter. If you are not satisfied with our response, or you prefer not to contact us, you have the right to file a complaint with the applicable data protection authority in your country.
At this time, our Services are based in and solely intended for persons located in the United States at the time they access the Services. If you are not located in the United States at the time you access the Services, please do not provide any Personal Information to us through the Services. If you have any questions or requests, you may contact us at email@example.com.
The Services are for use by persons who are of age, pursuant to applicable law and regulations. If you are underage, pursuant to applicable law and regulations, you may not access, attempt to access, or use the Services. We do not knowingly collect or allow the collection of Personal Information via the Services from persons underage, pursuant to applicable law and regulations. We do not knowingly collect or allow the collection of Personal Information via the Services from persons under the age of 13. If we learn that we have collected the Personal Information of someone underage, pursuant to applicable law and regulations, we will take the appropriate steps to protect this information. If you are a parent or guardian and discover that your child has submitted Personal Information, you may alert us at firstname.lastname@example.org.
In the event that we are acquired by or merge with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control so that our Services can continue operations. In the unlikely event of a bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
XII. State-Specific Privacy Rights (California, Nevada)
Privacy Information for California Residents
Shine the Light Disclosures
California Civil Code Section 1798.83 permits visitors to our Sites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to us at email@example.com or you may write to us at:
2099-1901 Waverley St, Palo Alto, CA 94301ת
California Consumer Privacy Act Disclosures
If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with additional information regarding how we collect, use, and share your Personal Information.
Categories of Personal Information We Collect. Throughout this Policy, we discuss in detail the types of Personal Information we collect. The CCPA describes several “categories” of Personal Information and under the CCPA we are required to provide you with information about the “categories” of Personal Information we collect. The following chart describes those categories and identifies which categories we have collected during the past 12 months.
How We Use and Disclose Categories of Personal Information. Throughout this Policy we describe the methods we use to collect Personal Information, how we use that Personal Information and who we disclose that Personal Information to. Please refer to the applicable sections above for more detailed information. References in this Policy to the Company’s use or disclosure of Personal Information for business purposes include the following business purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or Services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and complete the associated transactions. We may also save your Personal Information to maintain a record of your transactions, responding to any disputes regard the transactions, and to facilitate future transactions. If you submit a review of our Services, products or your experience with the Company, we may post that submission on our Sites and/or Betting Apps, without identifying you by your full name or address.
- To provide, support, personalize and develop our Services.
- To create, maintain, customize and secure your account with us.
- To process your requests, purchases, transactions and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your experience on our Services and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Services, third party sites and via email or text message (with your consent, where required by law).
- To help maintain the safety, security and integrity of our Services, databases and other technology assets and our business.
- For testing, research, analysis and product development, including to develop and improve our Services.
- To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
- As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the Company about users of our Services and our customers is among the assets transferred.
Disclosures of Personal Information for a Business Purpose. In the past 12 months, the Company has disclosed the following categories of Personal Information for a business purpose:
Sales of Personal Information. In the past 12 months, the Company has not sold Personal Information.
Access to Specific Information and Data Portability Rights. You have the right to request that the Company disclose certain information to you about our collection and use of Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see How to Exercise Your Rights), we will disclose to you, based on what you request:
The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business and/or commercial purposes for collecting or selling that Personal Information.
- The categories of third parties with whom we shared that Personal Information.
- The specific pieces of Personal Information we collected about you (also known as a data portability request).
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (1) sales, identifying the Personal Information categories that each category of recipient purchased; and (2) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights. You have the right to request that the Company delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see How to Exercise Your Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Please note, due to applicable laws and regulations, you will be unable to use some of our Services if your Personal Information is deleted, including, but not limited to, placing wagers through our Services.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the Personal Information, provide a good or service you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
How to Exercise Your Rights. To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by either:
- Emailing us at info@today repairs.com
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of that person.
Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request to exercise your access, data portability and/or deletion rights if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format. We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period prior to the date we receive the verifiable consumer request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination. We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
Deny you goods or Services.
Charge you different prices or rates for goods or Services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or Services.
Suggest that you may receive a different price or rate for goods or Services or a different level or quality of goods or Services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Privacy Information for Nevada Residents.
Under Nevada law, certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has used our Services, you may submit a request to opt out of any potential future sales under Nevada law by contacting firstname.lastname@example.org. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
XIII. Changes to this Policy
We may revise this Policy from time to time in our sole discretion. We will notify you of any material revisions by sending you an e-mail and/or by placing notice of the revised Policy on the Services or any place through which you access the Services. For material changes to the Policy, you may be required to acknowledge acceptance of such change. For non-material changes where an acknowledgement is not required, your continued access or use of the Services following any amendments to the Policy constitutes your acceptance of the Policy as amended. It is your sole responsibility to review the Policy and any revisions each time you use the Services.
XIV. Contact Us
We welcome your questions, comments and concerns about privacy. Please email us at email@example.com with your feedback pertaining to privacy. You may also write to us at:
2099-1901 Waverley St, Palo Alto, CA 94301