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Terms of Service

The last update to our Terms of Service was posted on November 30, 2010.  This Terms of Service is a legal agreement (Agreement) between you and United Phone Repair, LLC (also known as Irevive Spray) and governs the use of our Website, www.iRevivespray.com as well as our Service and Products as defined below.  By using our Website, Service, or Products, you agree to fully comply with and be bound by the following Agreement.  Please review the following terms carefully.

Definitions 

The terms “us” or “we” or “our” refers to United Phone Repair, LLC, the owner of this Website.

 

A “Visitor” is someone that merely browses our Website.

 

A “Member” is someone who has registered with our Website to use our Service.

 

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, are collectively known as our “Content”.

 

Overview of Our Service  

Irevive Spray offers an online service (Service) that allows our Members to use our Content to acquire specific knowledge and training to repair Iphone devices.  Our Service includes the use of our media-rich Content that includes among other things: streaming video and audio, prepared reports and materials, and data spreadsheets.  We also sell associated products that are necessary to perform Iphone repairs (Products).  Our Privacy Policy relates to the information that you will share with us by using our Website and/or Service.

 

Overview of Our Users

There are two types of customers that interact with us and have the following definitions in this Privacy Policy:  Visitors are Users who navigate to our Website to get more information about our Service and/or Products or to find out more about Irevive SprayMembers are Users who have completed our registration process and executed necessary agreements with us to use our Service and/or Products.  

Acceptance of Agreement 

This Agreement is between you and Irevive Spray.

 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

 

This Agreement constitutes the entire and only Agreement between you and Irevive Spray, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, Service, and Products, and the subject matter contained herein.  As stated, in order for you to use our Service or purchase our Products, you will also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.  We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it.  If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website. Service, and Products.

 

Limited License 

Irevive Spray grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Content, Service, and Products strictly in accordance with this Agreement.  Your use of our Website, Service, and Products is solely for the purposes provided in this Agreement.  No print out or electronic version of any part of our Website or Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

Legal Compliance 

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Service, and Products provided therein.

 

Our Relationship to You 

Irevive Spray relationship to you is at all times that of an independent contractor.  This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Irevive Spray.

 

Our Intellectual Property 

Our Website may contain our service marks or trademarks, protected in Australia and internationally, as well as those of our affiliates or other companies, in the form of words, graphics, and logos.  Your use of our Website, Content, Service, and Products does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Irevive Spray.

 

Our Content, as found within our Website or Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.  Your use of our Website, Content, and Service does not grant you any ownership rights to our Content.

 

Digital Millennium Copyright Act Compliance 

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on our Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

 

Eligibility and Registration for Membership 

You may view some of our Content without becoming a Member of our Website.  However, to use our Service or buy our Products, you must register with our Website and become a Member.  Your membership is not transferable or assignable and is void where prohibited.  Our Service and Products are intended solely for people at least age 18 years of age or older.  Any registration by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Use.  By using our Service or purchasing our Products, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Irevive Spray has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

 

When you complete the registration process, you may receive a password that will allow you to access our Service or to purchase our Products. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that Irevive Spray cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

 

Content Disclaimer 

The opinions expressed on our Website are not necessarily the opinions of Irevive Spray.  The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website.  We reserve the right to make alterations or deletions to the Content at any time without notice.

 

Errors, Corrections and Changes 

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors.  We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.  We may make changes to our Website, Content, Service, and available Products at any time.  We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website, Content, Service, or Products.

 

Professional Advice Disclaimer 

You hereby acknowledge that nothing contained in our Website, Content, Service, and Products shall constitute professional advice and that no professional relationship of any kind is created between you and Irevive Spray or our Members.  You hereby agree that any actions you take, based in whole or in part on anything contained in our Website, Content, Service, or Products, are solely your responsibility and that Irevive Spray and our Members have no liability for your actions, use, and reliance upon our Website, Content, Service, and Products.

 

Advertisers and Sponsors Disclaimer 

Our Website may contain advertising and sponsorships.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation by Irevive Spray and we make no representations or warranties about any services and products contained within such materials.

 

Warranty Disclaimer 

Our Website or Service may be temporarily unavailable from time to time for maintenance or other reasons.  Irevive Spray assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.  Irevive Spray is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website, Service, OR Products, including without limitation any software provide through our Website or Service. Under no circumstances will Irevive Spray be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Content, Service, Products, or for any interactions between Users of our Website or Service, whether online or offline.

 

Irevive Spray reserves the right to change any and all Content, software and other items used or contained in our Website or Service, at any time without notice.   The information, content, and documents provided through our Website and Service are provided “as-is”, “as available”, with “all faults” and all warranties, express or implied, are disclaimed, including, but not limited to the disclaimer of implied warranties of merchantability and fitness for a particular purpose.  Our Website, Content, Service, and Products may contain bugs, errors, problems, and other limitations. Irevive Spray, including all of our affiliates, have not liability to you whatsoever for your use our Website, Content, Service, or Products. Irevive Spray cannot guarantee and does not promise any specific results from the use of our Website, Service, or Products.  Irevive Spray does not represent or warrant that our Content, Service, or Products are accurate, complete, reliable, or current.  Where computer software is involved, we cannot certify that it is necessarily free from viruses or other harmful components.  As such, it is your sole responsibility to make sure you have anti-virus software in place before downloading software. All responsibility for any damages caused by viruses somehow attributed to our Content, Service, or Products are disclaimed, including, but not limited to, damages to your computer or mobile device. No advice or information, whether oral or written, obtained by you from Irevive Spray through use of our Website, Service, or Products shall create any warranty, representation, or guarantee, unless otherwise specified in this Agreement.

 

Limitation of Liability 

Irevive Spray, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Content, Service, or Products; (b) the unavailability or interruption of our Website, Service, or Products; (c) your use of our Website, Content, Service, or Products; or (d) any delay or failure in performance of our Website, Service, or Products.

 

Irevive Spray, including all of our affiliates, have no liability to you whatsoever for any indirect, special, incidental, or consequential damages, including, but not limited to damages for lost business, lost profits, litigation costs, and the like, whether based on breach of contract, breach of warranty, torts (including any form of negligence), product liability, or otherwise, even if you have advised us of the possibility of such damages.  The negation and limitation of damages as described above is a fundamental element of the basis of the bargain between you and Irevive Spray.  You acknowledge that our Website, Service, and Products would not be provided without such limitations.   At all times, your sole remedy will be limited to either the fees for one (1) month’s service or the purchase price of the product, depending upon what gave rise to liability.

 

Use of Information 

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website, Service, or Products in any manner consistent with our Privacy Policy.  All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Privacy Policy 

Our Privacy Policy is considered part of this Agreement.  You may review the Privacy Policy on our website at {URL}.

 

Unlawful Activity 

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

User Conduct 

Users may post their own content to our Website through our Service. Irevive Spray is not responsible for the monitoring or filtering of any User’s content.  Should any User’s content be found illegal, Irevive Spray will submit all necessary information to the proper authorities.

 

Users are responsible for complying with all applicable laws for their content, including copyright and trademark laws and should shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

 

As a User, you agree not to use our Service to do any of the following:

 

1) upload, post or otherwise transmit any content that:

  1. violates any local, state, federal, or international laws.
  2. infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  3. harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
  4. links directly or indirectly to any materials to which you do not have a right to link.
  5. contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
  6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Service.
  7. contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  8. you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  9. in the sole judgment of Irevive Spray, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Service, or which may expose Irevive Spray, our affiliates, or our Users to any harm or liability of any type.

 

2) use our Content to:

  1. develop a competing website.
  2. create compilations or derivative works as defined under United States copyright laws.
  3. re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  4. decompile, disassemble or reverse engineer our Website, Service, and any related software.
  5. violate this Agreement or any local, state, federal, or international laws.

 

Linking to Our Website 

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

 

Links to Other Websites 

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites.  Irevive Spray has not control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

 

Payments for Service or Products 

You represent and warrant that when you pay Irevive Spray for using our Service or purchasing our Products that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

 

We may offer payment plans for purchasing our Products.  If you sign up for a payment plan, you agree that you authorize the necessary installment payments to automatically be taken from the payment source you specificy.

 

You understand that if you fail to make timely payment for using our Service or Products, we reserve the right to suspend your Member account until payment is made.  If payment is not made within thirty (30) days of due date, we may even terminate your Member account.  We also reserve the right to take collection or other legal action against you as necessary to protect our legal rights, including but not limited to, charging you late fees, collection fees, and reasonable attorney fees as necessary to secure payment and/or return of the Products.

 

Refund Policy

For information regarding our refund policy or to request your 200% refund please visit our Refund Page

 

Payment Charge-Backs

While we actively support fighting payment fraud, Irevive Spray has a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with our Service or Products.  However, if you start a charge-back process regarding our Service or Products, Irevive Spray reserves the right to immediately terminate your account.  Your account and the payment information you provided will be blacklisted in our systems.  Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back. Additionally, if you purchased Products from us, you must return the Products, subject to additional restocking fees.  If you fail to do so, we reserve the right to take collection or other legal action against you as necessary to protect our legal rights, including but not limited to, charging you late fees, collection fees, and reasonable attorney fees as necessary to secure return of the Products.

 

Termination of Your Account

You may terminate your account at any time without further obligation by notifying us.  Irevive Spray may terminate your account for various reasons as notated in this Agreement.  We will typically notify you by email if we are canceling your account; however, depending on the nature of your actions, we may not provide such notice.  Once your account is terminated, regardless of the nature of termination, Irevive Spray reserves the right to remove your account information from our Website with NO liability or notice to you.

 

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Service, or Products.

 

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Services and/or Products, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Services and/or Products, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Dallas, Texas, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas, United States, necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs.

 

General Terms

This Agreement shall be treated as though it were executed and performed in Dallas, Texas, United States, and shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website, Service, or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  This Agreement does not create or otherwise confer any benefits to any third parties other than Irevive Spray and you. Irevive Spray may sell its business without providing prior notice to you.  Our rights under this Agreement shall survive any termination of this Agreement.



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