This Terms and Conditions was last modified on May 31, 2019.
Website Terms and Conditions
The Use of this Website is Subject to the Following Terms of Service
Shatter offers this website (www.shattermobile.com), including all information, software, products, and services available from this website or offered as part of or in conjunction with this website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on this website.
Your continued use of the website constitutes your agreement to all such terms, conditions, and notices, and any changes to this Terms of Service made by Shatter.
The term “Shatter” or “us”, “we”, or “our” refers to the owner of this website. The term “you” refers to the user or viewer of this website.
Use the website at your own risk. This website is provided to you “as is” without warranty of any kind either express or implied. Neither Shatter nor its employees, agents, third-party information providers, merchants, licensors, or the like warrant that the website or its operation will be accurate, reliable, uninterrupted, or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of Shatter. Shatter reserves the right to change or discontinue at any time any aspect or feature of the website.
LIMITATION OF LIABILITY
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Indemnification
Your use of any information or materials on this website is entirely at your own risk, for which we will not be liable. It will be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Terms of Service.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages, be a criminal offense, or both.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
Copyright
Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in this Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of Shatter.
None of the material contained on the website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold, or redistributed without the prior written consent of Shatter. Violation of this provision may result in severe civil and criminal penalties.
Changes to Terms of Service
Shatter reserves the right, at any time, to modify the terms this Terms of Service, by making those modifications available on this website or by providing notice to you. Any modification will be effective immediately upon posting on this website or other such notice. You are deemed to have agreed to such modification through your continued use of the products or services.
Waiver and Severability
Shatter’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the invalidity of such provision will not affect the remaining provisions of these Terms of Service, and all provisions not affected will remain in full effect to the fullest extent possible consistent with the intent of the parties.
Repair Terms and Conditions
Authorizing Work
You authorize Shatter to perform the work described in the Service (“Service”) on the device identified on the front of this Service Authorization/Receipt (“Your Device”), subject to these Terms and Conditions.
If Your Device is under any applicable manufacturer’s warranty, then the terms of Shatter Limited Lifetime Warranty (see below) also apply and will control if there is any conflict with these terms. In particular, if the Warranty Status of Your Device shown on the front of this Service Authorization is “In Warranty” and Shatter’s technician determines on further inspection that the issue with Your Device is not covered by the Limited Lifetime Warranty (for example, there is damage due to exposure to liquid or physical damage), then additional charges not shown in the Pricing area may apply.
In that case, Shatter will notify you of the additional charges prior to starting work on your device. Service on Your Device will not begin unless and until you authorize the additional charges. If you receive a loaner device to use while Your Device is being Serviced, and you lose or damage that Loaner Device, you will be charged and liable for the retail price of the Loaner Device.
Data on Device
You are solely responsible for backing up any data on Your Device and deleting, encrypting or otherwise protecting your data from unauthorized use. Shatter will not back up or restore your data (unless agreed upon transaction), and is not responsible for any data that is lost or corrupted. Shatter will not treat data on Your Device as confidential and disclaims any agreement with you or other obligation to do so.
Shatter Responsibilities & Limited Lifetime Warranty
Shatter may use rebuilt, reconditioned, or new parts or components when repairing Your Device. Any repair performed by Shatter and its technicians are under Limited Lifetime Warranty (except batteries- extent use of cell phone batteries are exempt). If Your Device should malfunction, it must be returned to the Shatter store or service center for evaluation, and all costs of shipping will be borne solely by the purchaser.
Shatter’s customer service department will diagnose the repair upon receipt. Upon examination by Shatter, if Your Device is found to be defective it will be repaired or replaced at no charge. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than Shatter, use of any other product other than Shatter products, or unauthorized modification.
This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of Shatter’s control. Software warranty applies to factory restores, backups, jailbreaks, unlocks, and applies to computers, laptops, cellular phones, etc.
The warranty is VOID if customer performs any software modifications not limited to restore, updating software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Shatter. Shatter employees reserve the right to VOID its warranty if any improper software installations or modifications have been made after customer has left the store location.
Unless otherwise required by law, all replaced devices, parts, components, boards and equipment will become the property of Shatter, and you waive all rights you may have under state or other laws to the replaced device or repaired or replaced parts. Subject to paragraph 2 above regarding data, Shatter will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Shatter’s possession for Service.
If Your Device is lost or damaged while it is in Shatter’s possession for Service, Shatter will repair Your Device or replace it with an equivalent device, which at Shatter’s option may be new or refurbished. If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs Shatter will treat the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.
LIMITATION OF LIABILITY/INDEMNITY
THE LIMITED LIFETIME WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF SHATTER’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY SHATTER IN CONNECTION WITH THE SERVICE ON YOUR DEVICE.
ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED LIFETIME WARRANTY.
IN NO EVENT WILL SHATTER BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. SHATTER IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSE BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.
YOU AGREE TO INDEMNIFY SHATTER FROM AND AGAINST ANY CLAIMS BROUGHT AGAINST IT ARISING FROM YOUR BREACH OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.
Severability
You and Shatter agree that it is our intention that these Terms and Conditions be enforceable in accordance with their terms to the fullest extent permitted by law. You and Shatter agree that if any portion of these Terms and Conditions are adjudged by a court or arbitrator to be invalid or unenforceable, that adjudication will not invalidate the remainder of these Terms and Conditions and they will be fully enforceable.
Entire Agreement
To the extent permitted by applicable law, these Terms and Conditions state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.
Meta – Data
You understand and agree Shatter will collect Meta – Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Shatter to enhance and improve this process, may be shared with Shatter affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include: device phone number, device model number, device IMEI, device serial number, downloaded applications & their respective settings and host applications & their respective settings.
Applicable Law & Dispute Resolution
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions will be governed by the laws of the State of Virginia, without reference to its choice of laws principle; ALL DISPUTES WITH SHATTER ARISING IN ANY WAY FROM THE SERVICE, INCLUDING THE ISSUE OF ARBITRABILITY, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.
Any such dispute will not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, will not under any circumstances proceed as part of a class action or class arbitration. The arbitration will be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.
The venue for all arbitrations will be in Rockingham County, Virginia. The arbitration will be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes, and is entered pursuant to the Federal Arbitration Act.
The arbitrator will decide all issues of interpretation and application of this arbitration provision and the Terms and Conditions. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Shatter’s employees, representatives and affiliates if any such claim arises from the Service.
Arbitration Opt-Out
You may opt out of this dispute resolution procedure by providing notice to Shatter no later than 30 calendar days from the date of this Service Authorization. To opt out, you must send notice by email to shatterharrisonburg at gmail dot com, with the subject line: “Arbitration Opt Out.”
You must include in the opt out e mail (a) your name and address; (b) the date of this Service Authorization; (c) the model name or model number of Your Device; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable).
Alternatively, you may opt out by calling 1 540 282 7521 no later than thirty (30) calendar days from the date of this Service Authorization and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the Service or the Limited Warranty above for parts and labor, and you will continue to enjoy the benefits of the Limited Lifetime Warranty.
Personal information
Personal information you provide on this form (such as an email or mailing address) will be used only to fulfill the service you have requested; Shatter will not sell, rent, or otherwise disclose such information (except as needed to Shatter service vendors) without your prior approval.
