Terms & Conditions

These Repair Terms of Service (the “Agreement”) apply generally to all repair services  (the “Services”) and govern your use of the Services and Website (as defined below).  Paragon Geeks, a Colorado corporation (“Company”) has developed a comprehensive  system for the operation of stores and specially equipped mobile units under the trade  names Paragon Geeks that principally offer and sell the Services and other ancillary  products and accessories (the “System”). Stores that operate under the System are  owned and operated both by our affiliates and independent franchise owners (together  “System Operators”). 

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH  REQUIRES THAT ANY DISPUTES THAT SHOULD ARISE FROM THE USE OF THE  SERVICES SHALL BE RESOLVED EXCLUSIVELY BY AN ARBITRATOR, AND THIS  AGREEMENT ALSO CONTAINS A WAIVER TO A JURY TRIAL OR ANY CLASS ACTION  PROCEEDINGS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS  AGREEMENT, YOU MAY NOT USE THE SERVICES.

In this Agreement: (a) the words "Our" and "Us" and “We” mean Paragon Geeks and its  respective parents, subsidiaries, branches, affiliates, agents, employees, successors,  and assigns, and, for the purposes of all Sections of this Agreement except Sections 14,  21, and 23, shall also include its System Operators; (b) the words "You" and "Your" and  “Yourself” mean a person or business who uses the Services and any person or entity  represented by that individual; (c) the term “Service Authorization & Estimate” means  the receipt that You are provided and agree to prior to the commencement of Services,  which describes the Services to be performed and the estimated costs; (d) the word  “Device” means the eligible device, as defined in this Agreement, identified on the  Service Authorization & Estimate on which You authorize Us to perform the Services; (e)  the word “Website” means www.paragongeeks.com.

You acknowledge that when You visit the Website or use the Services, We may use  automatic or other means (including, for example, cookies and web beacons) to collect  information about You and Your Device and/or about Your access or use of the  Website. You also may be required to provide certain information about Yourself and/or 

Your Device as a condition to receiving the Services, and the Services may provide You  with opportunities to share information about Yourself with others. All information We  collect through or in connection with the Services is subject to Our Privacy Policy which  is available at www.paragongeeks.com/privacypolicy, and explains Our policies with  respect to the collection, use, and disclosure of information related to or derived from  Your use of the Website and Services.  

Please read the Privacy Policy carefully and completely. It is incorporated by reference  into this Agreement, and by using the Services, You consent to the collection, use, and  disclosure of Your information as set forth in that Policy. Because We cannot guarantee  the security of Your personal information, You acknowledge and agree that You provide  it to Us at Your own risk. If You know or suspect that the passwords associated with or  stored on Your Device have been available to or accessed by anyone as a result of Your  use of the Services, You should immediately change or reset those passwords.

When seeking the Services, You represent to Us that You are the owner and/or have the  authority to consent to an inspection and repair of the Device. We reserve the right to  refuse to provide You with the Services if We determine that You are not the owner and/or the authorized user of the Device. When seeking the Services, You represent to  Us that any information or data disclosed to Us is not confidential or proprietary to You  or any third party.

You authorize Us to perform the Services, including but not limited to repairs, technical  support, in-home services, and other services as provided by participating stores,  described in the Service Authorization & Estimate, subject to this Agreement. When  seeking certain Services, You (a) expressly consent to inspection and repair of the  Device, and (b) authorize Us to repair and otherwise effect changes to Your Device to  the extent necessary to provide the Services and acknowledge and agree that such  changes may be permanent and irreversible. Also (c), You understand we are not liable  for any damage that may be caused during Paragon Geeks diagnostic or repair process.

The Services include repair of Your Device and, if applicable, the operating systems and  software applications either thereon or intended to be used thereon, and may include 

technical support services related to either the repair of Your Device or the optimization  of Your usage of Your Device. Services may also include technology recycling that may  be subject to separate terms and conditions. You acknowledge that in performing the  Services, We may use new, rebuilt, reconditioned, or refurbished parts or components,  and original or non-original parts. The Services are not provided as part of the original  manufacturer’s warranty. If Your Device is under any applicable manufacturer’s or other  warranty, You acknowledge that the Services may void the manufacturer’s warranty.

The Services are available for all eligible Devices during the operating hours of the  stores and/or service centers in the System, as determined by System Operators. Where  applicable, an individual seeking to use the Services on behalf of Your company may be  required to provide identifying information including whether the individual is an owner,  member, partner, director, manager, employee, or agent of Your company. Eligible  Service Locations: When You schedule onsite or in-home Services, eligibility is subject  to participating stores, the availability of the onsite or in-home Services in Your  geographic location, and/or subject to the eligibility requirements set forth in this  Agreement. We reserve the right to cancel or refuse Services as necessary, including if  We determine the Service location is cost-prohibitive for Our Service technicians to  travel to in order to perform the Services.

Eligible devices may include, without limitation, cellular phones, laptops, tablets, gaming  devices, televisions, printers, smart home products, and any other devices as  determined by Us in Our sole discretion. Service eligibility and initiation of the Services  is subject to: (a) a visual and physical inspection of the device to Service; (b)  confirmation that the device is eligible, accessible and serviceable subject to Our  service eligibility criteria which is determined at Our sole discretion; and/or (c)  confirmation that no modifications to the device exist that would make the device  ineligible or unsafe for the performance of Services. Subject to Our sole discretion, We  determine eligibility for onsite and in-home Services during the scheduling process, and  confirm eligibility in accordance with the requirements of this Agreement at the  designated Service location.

You are solely responsible for backing up any software or data that is stored on Your  Device and deleting, encrypting, or otherwise protecting Your data from unauthorized  use. We are not responsible for any loss, alteration, or corruption of any hardware,  software, data, or files. We may decline to provide the Services to You if We determine  that appropriate back-up measures have not been taken by You regardless of the cause  of any such loss or damage. You are responsible for any and all restoration and  reconstruction of lost or altered files, data, or programs. We will not treat data on Your  Device as confidential and We disclaim any agreement with You or other obligation to  do so.

We will contact You when the Services have been completed and Your Device is ready  for pick-up. You acknowledge and agree that if, despite Our efforts to contact You, You  fail to pick up Your Device or otherwise arrange for its return for more than sixty (30)  days, or other longer period as required by law, following the completion of Services,  Your Device will be deemed abandoned and will become Our property, subject to all  applicable provisions of law. In such an event, We may dispose of or otherwise utilize  the abandoned property in Our sole discretion in accordance with applicable provisions  of law, including sale of the abandoned property, proceeds of which may be used to  recoup administrative and repair costs.

Subject to this Agreement regarding Your responsibility to back up Your data, We will be  responsible to the extent provided under applicable law for the physical safekeeping of  Your Device while in Our possession for Service. In the unlikely event that Your Device is  lost, stolen, or damaged while it is in Our possession You acknowledge We are not  responsible.

The repairs and parts used in the Services, and any replacement Device provided  pursuant to this Agreement, will be warranted for a period of one (1) year from the date  the Services are completed (the “Limited Warranty”), subject to the provisions and  exclusions set forth herein.

• Limited Warranty Exclusions: This Limited Warranty does not apply to Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer’s intended use, regardless of whether the Services attempted to repair  such damage or exposure. This Limited Warranty does not provide coverage for Devices  which have been subjected to abuse, misuse, damage due to external causes or an Act  of God, normal wear and tear which does not affect the original manufacturer’s  intended use, battery leakage or damage resulting from battery leakage. Furthermore,  this Limited Warranty does not cover defects resulting from any action by You, including  but not limited to mishandling, physical damage, operation outside of design limits,  improper repair by someone other than Us, or unauthorized modification. This Limited  Warranty does not apply if Your Device shows evidence of tampering or shows evidence  of being damaged as a result of excessive corrosion, electrical current, heat, moisture  or vibration, or as a result of improper specification, misapplication or other operating  conditions outside of Our control. This Limited Warranty covers the following software  Services only: factory restores, backups, jailbreaks, and unlocks. This Limited Warranty  does not apply to Devices with software modifications performed by someone other  than Us following the completion of the Services, including without limitation updated  software, use of unauthorized or unapproved software, viruses, malware, spyware, or  attempts to modify any software that has been installed by Us. This Limited Warranty is  non-transferable and does not apply to Devices on which the serial number has been  altered, defaced, or is missing.

1. • Ownership of Repaired or Replaced Parts and Devices: Unless otherwise required by law, all replaced Devices, parts, components, boards, and equipment will become Our property, and You waive all rights you may have under state or other laws to the  replaced Device or repaired or replaced parts.

1. • Limited Warranty Procedure: If Your repaired or replacement Device malfunctions within the one (1) year Limited Warranty term, it must be returned to a store or service center within the System for evaluation by Us, and You will be responsible for any  applicable shipping costs. If, upon Our examination, We determine at Our sole discretion  that the parts or repairs used to perform the Services were defective, it will be repaired  at no charge or $50 determined at Our sole discretion.

1. • No-Lemon Policy: For replacement Devices only, if we have performed three (3) covered repairs on your replacement Device pursuant to this Limited Warranty, and it requires a fourth (4th) repair within the one (1) year Limited Warranty term, we will  replace the Device with a subsequent replacement Device of like kind and quality, which  may be new or refurbished in Our sole discretion. In the event we provide a subsequent

• replacement Device, it will be warranted under this Limited Warranty for the remainder  of the original one (1) year Limited Warranty term only.

THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF OUR  RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR  PARTS SUPPLIED BY US IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR  DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM  EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT  THE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"  BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND  DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES  AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR  STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.  FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR  REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE,  COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO  ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM  US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.  FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION  TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT  WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE  FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY  OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS  SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES,  LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO  CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE  FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY  DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR  INABILITY TO ACCESS OR USE THE SERVICES OR THE WEBSITE, WHETHER OR NOT 

THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF  THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR  RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE  OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS  INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE  DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP  YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER COMMERCIAL OR PECUNIARY  LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY  STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU  (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR  OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID  BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING  LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS  ESSENTIAL PURPOSE.

We reserve the right to modify this Agreement, and, where applicable, Your continued  use of the Services or Website represents Your agreement to those modifications. We  reserve the right to suspend or terminate Your use of the Services or Website at any  time and for any reason, including for abuse, excessive usage or failure to pay any fees  or charges. We also reserve the right to change the scope or extent of the Services at  any time and for any reason. No other individual or entity, including but not limited to  any agent, employee, dealer, representative or reseller is authorized to modify this  Agreement, including any extension of the Limited Warranty above or to make binding  representations or claims, whether in advertising, presentations or otherwise, on Our  behalf regarding the Services. 

You and We agree that if any term of this Agreement is found to be invalid or  unenforceable, that term should be modified to the extent possible to make it valid or  enforceable without losing its intent and purpose. If no such modification is possible,  the term should be severed from this Agreement. Any failure to enforce a right or term  of this Agreement shall not be deemed a waiver of that right or term.

You understand and agree that We may 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 Us to enhance  and improve this process, may be shared with Our 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.

Most of your concerns about the Services can be addressed by contacting us at  [email protected]. For any dispute with us, you agree to first contact us and  attempt to resolve the dispute informally. 

1. Exclusive Dispute Resolution Through Arbitration: 

• You and we agree that any disputes between us will be resolved exclusively through  binding arbitration or small claims court and not through any court of general  jurisdiction. You agree that you will not initiate or participate in any lawsuit against  us except as specifically provided for in this Agreement. This Arbitration Agreement  ("ARB") shall survive the termination of the Agreement and is governed by the  Federal Arbitration Act. It applies broadly to any dispute arising out of or related to  your relationship with us or the Services, regardless of the legal theory. 

1. Waiver of Financial Liability for Lawsuits: 

• You agree that if you attempt to bring any claim or dispute in court, you will be solely  responsible for all associated costs, including but not limited to, court fees, legal  fees, and any other expenses incurred. We will not be liable for any such costs or  

fees under any circumstances. By agreeing to this ARB, you waive any right to claim  or seek reimbursement from us for any fees or costs related to any attempt to  resolve disputes through legal action outside of arbitration or small claims court. 

1. No Coverage of Arbitration Fees or Expenses: 

• We will not cover any fees or expenses related to arbitration, including filing fees,  administrative fees, or fees for the arbitrator. You will be solely responsible for all 

such costs associated with arbitration. This includes any fees or expenses deemed  frivolous. If you cannot afford these fees, you are responsible for making  arrangements for their payment directly to the AAA or other relevant arbitration  body. 

1. Initiating Arbitration: 

• To start arbitration, you must send a written Notice of Claim by certified mail to:  Paragon Geeks, 4664 S Yosemite St, Greenwood Village, CO 80111 ATTN: Legal  Department. The Notice must describe the dispute and the relief sought. If we do  not resolve the dispute within 60 days of receiving the Notice, you may initiate  arbitration with the American Arbitration Association ("AAA"). All costs associated  with arbitration are your responsibility, including any deemed frivolous. We will not  cover these costs. 

1. Arbitration Procedures: 

• The arbitration shall be administered by the AAA in accordance with the  Commercial Arbitration Rules and the Supplementary Procedures for Consumer  Related Disputes ("Rules"). The arbitrator is bound by this ARB and shall decide all  issues, except that issues related to the enforceability of this ARB may be decided  by a court. For disputes of $10,000 or less, arbitration may be conducted by  document submission or telephone. For disputes over $10,000, your right to  hearings will be determined by the Rules. Unless otherwise agreed, any hearings  will take place in the county of your mailing address. All fees and costs related to  arbitration are your sole responsibility. 

1. Arbitration Award: 

• If the arbitrator awards you damages greater than the value of the last settlement  offer made by us or if no settlement offer was made, we will pay you the amount of  the award or $2,500, whichever is greater. We will not pay any attorney’s fees or  expenses. You will be responsible for all such fees and expenses incurred during  the arbitration process. 

1. Scope of Relief: 

• Any declaratory or injunctive relief must be limited to what is necessary to resolve  your individual dispute. You agree that you will only bring claims in an individual  capacity and not as part of a class action, class arbitration, or any other 

representative proceeding. The arbitrator may not consolidate your dispute with  that of any other person or oversee any form of representative or class proceeding.  If this specific provision of this ARB is found to be unenforceable, then only that  provision will be deemed invalid, and the remainder of this ARB will remain in effect. 

• Disclaimer on Financial Responsibility Paragon Geeks will not cover any fees or  expenses related to disputes, arbitration, or legal actions. If you attempt to resolve  disputes through legal action outside of arbitration or small claims court, you are  solely responsible for all associated costs, including court and legal fees. We will  not be liable for any such costs.

In furtherance of Section 17A of this Agreement, any Claim arising out of or post  cancellation or termination of this Agreement must be brought in the parties' individual  capacity, and not as a plaintiff or class member in any purported class, class arbitration,  collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the  parties expressly waive any ability to maintain any Class Action in any forum  whatsoever. The arbitrator shall not have authority to combine or aggregate similar  claims or conduct any Class Action. Nor shall the arbitrator have authority to make an  award to any person or entity not a party to the arbitration. Any claim that all or part of  this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be  determined only in a court of competent jurisdiction and not by an arbitrator. The  parties agree that this Section 18 shall expressly survive cancellation or termination of  the Agreement.  

THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE  THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE  PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND  AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH  ARBITRATION. If this specific provision of this Section 18 is found to be unenforceable,  then the entirety of this Section 18 and the ARB is null and void.

Unless otherwise allowed by applicable law, any claim related to the Services shall be  brought within one (1) year of the events giving rise to the claim. Failure to assert any  such claim during that one (1) year period results in the claim being forever waived and  barred.

The Services may expose You to content, websites, products, and services created or  provided by parties other than Us ("third-party content"). We do not review, endorse or  assume any responsibility for third-party content and shall have no liability to You for  

access to or use of third-party content. You acknowledge and agree that We are not  responsible for third-party content, including their accuracy, completeness, timeliness,  validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We  do not assume and will not have any liability or responsibility to You or any other person  or entity for any third-party content. Third-party content and links thereto are provided  solely as a convenience to You, and You access and use them entirely at Your own risk  and subject to such third parties' terms and conditions. You access or use third-party  content at Your own risk and discretion, and You understand that this Agreement and  Privacy Policy do not apply to that third-party content. You access or use third-party  content at Your own risk and discretion, and You understand that this Agreement and  Privacy Policy do not apply to that third-party content.

You agree that all copyrights, patents, trademarks, trade secrets, and other intellectual  property or proprietary rights associated with the Services are Our exclusive property,  and all such rights not expressly granted to You in this Agreement are hereby reserved  and retained by Us. If You submit comments or ideas about the Services, including ways  to improve the Services or other products or services ("Ideas"), You agree that Your  submission is gratuitous, unsolicited, and without restriction. It does not place Us under  any fiduciary or other obligation, and We are free to use the Idea without compensation  to You and/or to disclose the Idea to anyone on a non-confidential basis. You further  acknowledge that We do not, by acceptance of Your submission, waive any rights to use  similar or related ideas previously known to Us, or developed by Our employees, or  obtained from sources other than You.

You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss,  damage, liability, or expense of any kind arising out of or in connection with the  following: (a) Your use or misuse of the Services; (b) Your alleged or actual breach of  this Agreement; (c) Your alleged or actual violation of any applicable rule, law, or  regulation; (d) Your negligence or willful misconduct; or (e) Your alleged or actual 

violation of the intellectual property or other rights of third parties. We reserve the right,  at Your expense, to assume the exclusive defense and control of any matter which You  are required to indemnify, and You agree to cooperate in that defense. 

This Agreement and any rights or licenses granted hereunder may not be transferred or  assigned by You, but may be transferred or assigned by Us, without restriction. Any  attempted transfer or assignment in violation of this provision is null and void. 

This Agreement and the documents incorporated by reference constitute Our entire  agreement with respect to the Services and supersede any prior or contemporaneous  agreements. This Agreement and Your relationship with Us shall be governed by and  construed in accordance with the laws of the State of Tennessee, without regard to  conflicts of law provisions. The application of the United Nations Convention on  Contracts for the International Sale of Goods is expressly excluded.

You shall not misuse the Services or Website, including, without limitation, using the  Services or Website in any manner that: (a) interferes with or interrupts the Services or  Website or any hardware, software, system, or network connected with the Services or  Website; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of  another’s privacy rights; (c) uses the Services or Website on a device without  permission; (d) tampers with or makes an unauthorized connection to any network,  including, without limitation, the network of any wireless carrier; (e) disseminates  viruses or other computer code, files, or programs that interrupt, destroy, or limit the  functionality of the Services or Website or any other computer software or hardware; (f)  removes, disables, circumvents, or otherwise creates or implements any workaround to  any copy protection, rights management, or security features in or protecting the  Services or Website; or (g) uses any robot, spider, or other automatic device, process, or  means to use the Services or Website.

Technical support Services may have limitations and exclusions including but not  limited to (a) assistance with third-party software or services that are not related to 

Your Device; (b) installation of third-party software or OEM drivers not supported by  Your Device; (c) assistance with network coverage issues, such as dropped calls/data  interruptions; (d) over-the-air updates to operating systems, firmware, or some software;  (e) diagnostic support not related to Your Device; (f) modification of Original Equipment  Manufacturer ("OEM") software; (g) hardware and equipment setup and repair; (h)  installation of non-sanctioned applications; or (i) assistance with enterprise level  software or industry specific hardware or equipment.

We will use commercially reasonable efforts to provide You with the Services and  Website. This means that if We are unable to resolve the issue related to Your Device  after making commercially reasonable efforts, We have the right, at Our sole discretion,  to refuse to take any further steps to resolve the issue related to Your Device. You also  acknowledge we are not responsible for any damage that was caused during the repair  and diagnostic process. Additionally, in some instances, We may have limited  information from vendors, manufacturers, and developers, and We may not have the  ability to obtain the proprietary or other information required to resolve the issue related  to Your Device. Some technical problems that You encounter when using Your Device  may be the result of software or hardware errors not yet resolved by the hardware or  software vendors, manufacturers, or developers, in which case We may not be able to  resolve Your specific issue. In these circumstances, You are still liable to Us for any  fees or charges associated with the Services.