Authorizing Work
You authorize Unique Geek to perform the work described in the Service Estimate (“Service”) on the device identified on the front of this form (“Your Device”), subject to these Terms and Conditions. If Your Device is under any applicable manufacturer’s warranty, then the terms of Unique Geek’s Standard Limited Warranty 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 Unique Geek determines upon further inspection that the issue with Your Device is not covered by the Standard Limited Warranty (for example, there is damage due to exposure to liquid), then additional charges not shown in the Service Estimate may apply. In that case, Unique Geek 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.
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. Unique Geek will not back up or restore your data, and is not responsible for any data that is lost or corrupted. Unique Geek will not treat data on Your Device as confidential and disclaims any agreement with you or other obligation to do so.
Unique Geek Responsibilities & Limited Warranty
Unique Geek may, at Unique Geek’s sole option, use rebuilt, reconditioned, or new parts or components when repairing Your Device. Repaired/replaced cases, pouches and holsters will be warranted for a period of ninety (90) days. All other repaired/replaced devices will be warranted for a period equal to the remainder of the applicable manufacturer’s original Limited Warranty on the original device, if any, or for ninety (90) days, whichever is longer. If Your Device should malfunction, it must be returned to the Unique Geek store, and all costs of shipping shall be borne solely by the purchaser. Unique Geek’s customer service department will diagnose the repair upon receipt. Upon examination by Unique Geek, 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 Unique Geek, use of any other product other than Unique Geek 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 Unique Geek’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 Unique Geek. Unique Geek 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. This warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorized by Unique Geek, including but not limited to purchases from internet auction sites. Unless otherwise required by law, all replaced devices, parts, components, boards and equipment shall become the property of Unique Geek, 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, Unique Geek will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Unique Geek’s possession for service. If Your Device is lost or damaged while it is in Unique Geek’s possession for service, Unique Geek will repair Your Device or replace it with an equivalent device, which at Unique Geek’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 Unique Geek shall 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
THE LIMITED WARRANTY STATED IN PARAGRAPH 3 ABOVE SETS OUT THE FULL EXTENT OF UNIQUE GEEK’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY UNIQUE GEEK 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 WARRANTY. IN NO EVENT SHALL UNIQUE GEEK BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, 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.
Repair Time and Delivery
Unique Geek will make reasonable efforts to deliver repaired equipment within the estimated time of delivery, but does not guarantee that a repair will be completed within a specific period of time. Unique Geek shall not be liable for any failures or delay in service due to any cause beyond its control. Unique Geek reserves the right to refrain from providing the repairs or services ordered and instead refund customer’s payment at its sole discretion.
Manufacturer Warranties
You recognize that Unique Geek is an independent, third party repair company not affiliated with any original manufacturer or insurance company and that having your device repaired or worked on by Unique Geek may void any manufacturer warranty or ability to utilize insurance providers. Unique Geek is not responsible for any warranty that is considered void after repair services by Unique Geek have been rendered.
Replacement Parts
You recognize that Unique Geek is an independent, third party repair company not affiliated with any original manufacturer. Like any repair provider outside the original manufacturer, Unique Geek does not always have access to original equipment manufacturer (OEM) parts.
You recognize that after any service is performed, the damaged parts that are replaced during service become property of Unique Geek. Upon payment for any repair or service, you forfeit any claim on the damaged parts that were replaced during the repair or their value.
Responsibility to Pick Up Devices
Due to space limitations, Unique Geek requests that you pick up your equipment promptly.
If equipment is left with Unique Geek and is not picked up within 30 days after being notified by Unique Geek that your product has been serviced, Unique Geek will consider your equipment abandoned and may dispose of your equipment in accordance with applicable law. You agree to hold Unique Geek harmless for any damage or claim for the abandoned property (as stated in the Unique Geek terms page on uniquegeek.us), which we may discard or recycle at our sole discretion 30 days from customer being notified that your product has been serviced.
Software
If service involves transferring information or installing software, customer represents that customer has the legal right to copy the information and agree to the terms of the software license, and customer authorizes Unique Geek to transfer the information and accept such terms on your behalf in performing the service at your instruction.
You acknowledge and agree that You are solely responsible for all Content that You make available through the Device. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all Content that You make available through the Device or You have all rights, licenses, or permissions, consents, and releases that are necessary to grant to Unique Geek the rights in such Content, as contemplated under this Agreement; and (ii) neither the Content nor Your posting, uploading, publication, submission, or transmittal of the Content or Unique Geek’s use of the Content (or any portion thereof) on, through, or by means of the Device or otherwise will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Payment for Service
Payment in full for repairs and services must be rendered prior to picking up a device. A non-refundable repair deposit may be required for parts that require a special order to be placed.
Liquid Damage Diagnostic and Board Cleaning Service
You understand that due to the nature of liquid damage, a device that may arrive in “working” or “partially working” condition with liquid damage present, may not work after the diagnostic is performed. Liquid causes corrosion and rust on many components which can result in reduced device functionality after disassembly and re-assembly.
You understand that if a device is operable upon arrival it is recommended that you back up the device before leaving it to be diagnosed. Unique Geek is not responsible for any data loss/ non-working devices after a diagnostic is performed in the presence of liquid damage.
You understand that the goal of a liquid cleaning service is to get the motherboard of the device in an operable condition. This service does not include non-integrated parts such as physical buttons, batteries, Wi-Fi cards/cables, or any other components that are not built into the motherboard itself.
You understand that if the liquid damage motherboard cleaning service resolves all device issues, then customer will be responsible for the liquid damage motherboard cleaning fee stated on the work order.
You understand that if additional non-integrated components are needed to fix the device, you will be contacted with a detailed price quote. If you elects to proceed with the replacement of non-integrated components, the liquid damage cleaning fee will be waved.
You understand that if the motherboard cleaning service does not restore full functionality to the motherboard of the device (meaning the phone cannot be fully repaired), there will be charge for the motherboard cleaning service.
Computer Virus Removal, Operating System Reinstall, and Data Backup
You understand that during a virus repair or removal Unique Geek uses a multitude of software tools to remove any malware present in the device.
You understand that due to the nature of many viruses (which infect not only the Operating System, but also user files) Unique Geek CANNOT guarantee that 100% of your files will remain intact. There exists the possibility of having to delete documents, music, pictures, applications, and any other data that have become infected.
You understand that Unique Geek CANNOT guarantee malware removal through software alone. If it is the case that Unique Geek cannot safely remove the virus entirely, you will not be charged for the virus removal service, and Unique Geek will contact you about performing a reinstall of the operating system from a clean installation.
You understand that Unique Geek will not back up any user created file unless a “Computer back up service” is included.
You understand that if an Operating System Reinstall service is performed Unique Geek provides a factory installation with no additional software installed except for primary hardware drivers. Any Software, including Anti-Malware (free or paid-subscription), is subject to a software installation fee.
You understand that Unique Geek CANNOT install a different operating system than what is provided by the computer’s manufacturer, or provided by the Customer. Customer represents that customer has the legal right to use the operating system, and has agreed to the terms of the software license.
Collection and Use of Personal Information
Information such as name and email address is collected for internal record keeping, service updates, requesting feedback, and provide you product information, promotional information, and updates to Unique Geek’s Terms of Service and Privacy Policy.
In-Store Cameras
In-store cameras are used to assist in loss prevention and to protect the valuable internal and customer belongings while you are in the store.
Accessing Data on Customer Devices
As part of our required diagnostic testing, certain applications containing customer data (such as camera, dial pad and messaging applications), may need to be accessed to thoroughly test the device’s functionality. This process is essential to ensuring we have done our due diligence in repairing your device to the best of our ability. This information is never intentionally exposed in any way and will not be mishandled or sold to third party companies for any purpose. Unique Geek will never transfer or copy data on a customer’s device to any other equipment without customers express consent or unless the operation is required to complete the services requested by the customer.
Data Backup and Recovery Services
In the event of a repair, or any similar circumstances, that requires a device be restored to original settings Unique Geek will backup data to the best of our ability. If data becomes lost or corrupted during the repair process, though not responsible for the loss of data, Unique Geek employees will direct affected customers to a reputable data recovery company.
Data Loss
Customer agrees that prior to Unique Geek servicing of any customer equipment, it is customer’s responsibility to: (1) backup all data, software, information, or other files stored on customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media from customer’s product, as applicable. Except as expressly provided for herein, Unique Geek shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media.
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 Indiana, without reference to its choice of laws principle; ALL DISPUTES WITH UNIQUE GEEK ARISING IN ANY WAY FROM THE SERVICE, INCLUDING THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action or class arbitration. The arbitration shall 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 shall be in Porter County, Indiana. The arbitration shall 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 shall 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 Unique Geek’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 Unique Geek no later than 30 calendar days from the date of this Service Authorization. To opt out, you must send notice by e mail to support@uniquegeek.us, 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 1 219 588 6084 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 Warranty.
When the repair process has begun after the printing of the work order/ hold receipt associated with repair, the customer has consented to this policy and all its attributes.
Terms and Conditions
The Use of this Website is Subject to the Following Terms of Service:
Unique Geek offers this website (www.UniqueGeek.us), 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 Unique Geek.
The term ”Unique Geek” 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 Unique Geek 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 Unique Geek. Unique Geek 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 shall not be liable. It shall 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 Unique Geek.
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 Unique Geek. Violation of this provision may result in severe civil and criminal penalties.
Changes to Terms of Service
Unique Geek 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
Unique Geek’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 shall 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.
