Welcome to GoinstaRepairs. These Terms of Use govern your use of the GoinstaRepairs Website, (collectively, the “Service”), all of which are operated by GoinstaRepairs, a trademark and business name of Go Instarepairs LLC. This Agreement uses the terms “GoinstaRepairs” and “the Service” interchangeably and the use of one term shall be considered to encompass the other as well. Any information provided by you is being provided to GoinstaRepairs and is subject to our Privacy Policy (which you may review by clicking on “Privacy Policy”).
1. Agreement
This End User Agreement (the “Agreement”) between you and GoinstaRepairs governs your access to and purchase of products and services from GoinstaRepairs (this Agreement uses the terms “GoinstaRepairs” and “the Service” interchangeably and the use of one term shall be considered to encompass the other as well). By establishing an account with a username and password, you agree, on your own behalf and on behalf of any entity which you might represent, to accept and be bound by the terms and conditions of this Agreement. Your use of the Service and any purchase of products or services, now or in the future, indicates your continued acceptance of this Agreement. You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. In addition, when using particular GoinstaRepairs services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are incorporated by reference into and are subject to this Agreement.
2. TERM
This Agreement shall remain in effect for a period of one year from the establishment of your account and shall continue in effect thereafter until canceled by either party.
Some services, components and computers ordered receive customized quotes by phone and/or email. Once you place an order you agree to pay for such service(s), product(s) as well as taxes, service fees and/or shipping costs.
This Service is available only to persons over the age of 18 who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Service or order product or services from GoinstaRepairs.
We may refuse any or all of our services to anyone at any time, in our sole discretion.
GoinstaRepairs grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited right to access the Service and use it to create, print and have placed in the United States Mail or with other delivery providers, based upon the intended destination, of printed materials (“Printed Material”) in accordance with the terms of this Agreement. Any rights not expressly granted to you by this Agreement are reserved to GoinstaRepairs.
5. Use of Service and Compliance with Laws
You are solely responsible for and assume all liability arising from all use of the Service, including but not limited to Printed Materials, by you or anyone using your account.
Your use of the Service must comply at all times with all applicable federal, state, and local laws. You may not use the Service in any way that harms or violates the rights of any person or entity.
GoinstaRepairs and the Service are based in the United States. If you mail Printed Material to addresses outside of the United States, you will comply with the laws of the country to which such Printed Material is mailed.
6. Electronic Communications
When you visit the Service or send e-mails to us, you are communicating with us electronically and by doing so you consent to receive related communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Proprietary and Intellectual Rights
The Service and any software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws in both the United States and other countries. Any and all intellectual property rights (“Intellectual Property”) associated with the Service and its contents are the sole property of GoinstaRepairs, its affiliates or third parties. In addition, the Service is presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of GoinstaRepairs. All custom graphics, icons, and other items that appear on the Service are trademarks, service marks or trade dress (“Marks”) of GoinstaRepairs, its affiliates or third parties and may not be used or interfered with in any manner without the express written consent of GoinstaRepairs. Except as otherwise expressly authorized by this Agreement, you may not use, copy, reproduce, modify, lease, loan, sell, reverse assemble or otherwise attempt to discover any source code, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Service in any way without GoinstaRepairs’s or the appropriate third party’s prior written permission. Except as expressly provided herein, GoinstaRepairs does not grant to you any express or implied rights to GoinstaRepairs’s or any third party’s Intellectual Property.
8. Your Content
All information, data, text, software, photographs, graphics, messages or other materials (“Content”) you upload, post, or create using the Service is solely your responsibility. The Service is a passive conduit for your online design, creation, printing, and mailing of your Content. We do not routinely screen or review text or graphics before printing and mailing Printed Material. You have all liability arising from all Printed Material that you and any other person using your User ID and password print and mail using the Service.
You represent and warrant to GoinstaRepairs that: (i) you and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform using GoinstaRepairs’s services; and (ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy; violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; contain any matter that is libelous or otherwise in contravention of law; or harm a minor in any way. If a third party notifies us of a problem, or if we become aware of a problem with any Printed Material, we may review the Printed Material and take any action with respect to the Printed Material that we deem necessary in our sole discretion, including, but not limited to, refusing to mail any Printed Material. The fact that we may review Printed Material and allow it to be mailed does not mean that: (1) we will always review Printed Material, even if informed of a problem; (2) we approve or endorse the contents, (3) the content complies with all applicable laws, or (4) you will not incur any liability or harm arising from the Printed Material. You bear all risks associated with the use of any of your Content and mailing of your Printed Material.
Your mailing lists and documents are your private information. All document and list files you submit will be used solely to produce your mailings. Electronic information submitted by you is securely stored for the time specified herein, after which time it is subject to being purged from our system.
9. Return Address on Printed Material
GoinstaRepairs requires users to provide a return address so that their mailings can comply with postal regulations. Users may have multiple return addresses in their account. Users located outside of the United States can add their non-US address at registration but due to postal regulations, a domestic return address must be used on mailings. GoinstaRepairs may provide a post office box address at the time of mailing.
To use GoinstaRepairss services you must provide payment through your debit or credit card, PayPal, or other means which may be made available by GoinstaRepairs. Fixed service fees are prepaid. Monthly fees are subject to usage of service.
11. Refund Policy
Prepaid services are not refundable. In the event you terminate your user account(s) as permitted under these Terms of Service or in the event that GoinstaRepairs terminates these Terms of Use without cause GoinstaRepairs will cease support and close account as needed.
GoinstaRepairs reserves the right to terminate these Terms of Use with immediate effect, automatically and without recourse to the courts, in the event of any abuse by you of these terms relating to refunds.
12. Sales Tax
In certain jurisdictions, sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to any monthly fee and/or price for the Services.
13. Termination
GoinstaRepairs, in its sole discretion without prior notice to you, may: (1) terminate your access to the Service or your use of any feature of the Service, (2) remove and discard any of Your Information and your Content stored on the Service, or (3) refuse to mail any Printed Material, and/or (4) terminate the Service, or any feature on the Service. GoinstaRepairs will not be liable to you or any third-party for any suspension or termination of your access to the Service or your Content; except GoinstaRepairs will refund to you any unused or residual amounts which you have paid for but not used in connection with any Printed Material if you are so terminated. Such refunds will be issued to credit or debit card on file. In the event you do not use your account or any of your Information within one (1) year of the creation of your account, any Information and any Content stored within the GoinstaRepairs System (and the USPS Service) may be deleted.
14. Link
This Service may provide links to external Internet Services or resources (“Linked Sites”), GoinstaRepairs is not responsible for the availability of such Linked Sites and does not endorse (except where expressly noted otherwise) and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites.
15. Indemnification
You will indemnify and hold GoinstaRepairs, and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, Internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of Your Information, your Content, your Printed Material, your use of this Service, the use of this Service by any person who uses this Service while logged on under your user name and password, your default under any provision in this Agreement, your violation of any laws, and your violation of any rights of another person.
16. Disclaimer of Warranties
This Service is provided on an “as is” and “as available” basis. GoinstaRepairs DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GoinstaRepairs makes no warranty that (1) the Service will meet your requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through this Service will meet your expectations, (5) that any Printed Material will be received by an addressee, and (6) any errors in the Software will be corrected. Any material downloaded or otherwise obtained through the use of this Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from GoinstaRepairs or through or from the Service shall create any warranty not expressly stated in this user agreement. GoinstaRepairs is not a publisher of the Content supplied by third parties and users of the Service; as such, GoinstaRepairs specifically disclaims all warranties and representations of a publisher of any content transmitted on or in connection with the Service.
17. Limited Warranty
GoinstaRepairs will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in any Printed Material (a) if caused by software or other equipment used by you which has not been provided by GoinstaRepairs; (b) if you have inputted data incorrectly or disregarded any information or advice provided to you by the Service during the creation of your Printed Material; (c) if the Service has been misused or damaged in any respect; or (d) if you have not reported to GoinstaRepairs the existence and nature of any such nonconformity or defect promptly upon discovering it. You acknowledge and agree that GoinstaRepairs is not responsible for the content of Printed Material or the modification, use or publication of any Printed Material by you or any other participant or third party (other than GoinstaRepairs’s agents and subcontractors).
Neither GoinstaRepairs nor any other third-party partner or agent of GoinstaRepairs involved in the provision of the Service (each such third party, a “Third Party Provider”) can ensure that the operation of, performance of, and/or access to the services will be uninterrupted or error-free. GoinstaRepairs is not liable for any interruptions in your ability to access the Service or timely send out Printed Material resulting from or related to the actions or inactions of third parties, hardware/software problems with the public Internet infrastructure, or other events beyond the reasonable control of GoinstaRepairs.
GoinstaRepairs does not control the actions of the United States Postal Service or the delivery of U. S. Mail. Therefore, GoinstaRepairs is not responsible for the actual or timely delivery of any Printed Material after it is delivered to the USPS. Neither the USPS nor GoinstaRepairs will refund any postage costs for any Printed Material not delivered or timely delivered nor shall the USPS or GoinstaRepairs be liable for any costs to redeliver Printed Material which was not originally timely delivered by the USPS. Neither the USPS nor GoinstaRepairs is liable for the mailing costs for re-mailing any Printed Material which was materially defective and which you elect, under the warranty set forth above, to have reprinted by GoinstaRepairs.
18. Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT WILL GOINSTAREPAIRS OR ANY THIRD-PARTY PROVIDER BE LIABLE TO YOU IN RELATION TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUES OR SAVINGS, LOSS OF DATA OR COSTS OF RECREATING LOST DATA) RESULTING FROM YOUR USE OF OR OINABILITY TO USE THE SERVICE, YOUR PURCHASE OF ANY GOODS OR SERVICES, THE LATE DELIVERY OR NON-DELIVERY OF ANY PRINTED MATERIAL, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF GOINSTAREPAIRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS APPLIES WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE.
19. Arbitration
Any dispute relating in any way to your visit to the Service or to any Printed Material shall be submitted to confidential, binding arbitration in Arlington, Virginia, except that, to the extent you have in any manner violated or threatened to violate GoinstaRepairs’s intellectual property rights, GoinstaRepairs may seek injunctive or other appropriate relief in state or federal court in the Commonwealth of Virginia, and you consent to exclusive jurisdiction of and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to your use of the Service or MOL must be filed within one (1) year after such use.
20. Survival
All provisions of this Agreement which expressly or by implication continue to govern the parties’ rights and obligations after termination of use of the Service shall survive notwithstanding completion of any transaction in connection with which the Service is used.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of GoinstaRepairs to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GoinstaRepairs in writing.
21. General
This Agreement comprises the entire agreement between you and GoinstaRepairs and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Service, however, is subject to the additional disclaimers and caveats that may appear throughout the Service.
21. Amendment
We may amend this Agreement by posting the changes on the Service and these changes will be effective when posted.
© 2023 Go Instarepairs LLC All Rights Reserved. The company, products, services, and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Last modified on 03/21/2024