ACME REVIVAL, INC. TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE (the “Terms” or the “Agreement”) CAREFULLY. 

THESE TERMS GOVERN THE LEGAL RELATIONSHIP FORMED BETWEEN ACME REVIVAL, INC. AND YOU (I.E. THE CUSTOMER).

YOUR USE OF THE WEBSITE www.acmerevival.com (the “Website”) OR THE PLACEMENT OF AN ORDER FOR DIAGNOSTIC SERVICE OR REPAIR WITH ACME REVIVAL, INC. VIA ELECTRONIC OR NON-ELECTRONIC MEDIUMS IS AN ACKNOWLEDGEMENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ARE HEREBY AGREEING TO BE BOUND BY SUCH TERMS.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MUST NOT PLACE AN ORDER FOR ANY ACME REVIVAL, INC. SERVICE, AND YOU MUST DISCONTINUE USING THE WEBSITE IMMEDIATELY.

1. Parties.

This Agreement is entered into between Acme Revival, Inc. (“Acme”), doing business as Acme Revival, and each such individual or entity that 1) uses the Website, or 2) places an order for service with Acme via electronic or non-electronic mediums (referred to herein as “You” or “Your”) (You and Acme are sometimes collectively referred to as the “Parties,” each a “Party”).  Unless the exact legal name of a business entity, or a legally authorized trade name for such business entity, is identified as the customer at the time an order for a service is placed with Acme, any individual identified as the customer shall be deemed to have only partially disclosed the identity of its principal, and such individual(s) shall be jointly bound by the terms and obligations of this Agreement along with the business entity.    The Agreement shall be deemed to have been entered into the moment You use the Website.

2. Repair Services.

The services Acme offers pursuant to these Terms (collectively, the “Services”) are as follows: (A) to evaluate any device(s) physically submitted to Acme by You (referred to herein as the “Device(s)”) to determine with reasonable certainty the source or cause of any malfunction with the Devices that You specifically identified to Acme in writing prior to physically submitting the Device(s) to Acme (referred to as the “Chief Complaint(s)”); (B) to ensure that the condition of Your Device(s) is(are) reasonably documented when initially received by Acme; (C) to provide You with a brief description of Acme’s opinion of the source or cause of the Chief Complaint(s) (the “Diagnostic Evaluation”); (D) to provide You with a quotation (the “Repair Quote”) for the amount Acme offers to charge You to remedy the Chief Complaint(s) to a reasonably sufficient degree, which You acknowledge does not require Acme (i) to achieve a permanent resolution of the Chief Complaint(s), (ii) to cause the Device(s) to operate at factory specifications, or (iii) to cause an improvement of the Device(s)’ performance above factory specifications; (E) upon approval of the Repair Quote, and only upon approval of the Repair Quote, to engage in the attempted repair of the Chief Complaint(s) of the Device(s); (F) to reasonably package Your Device(s) for return shipment to You, which may not necessarily utilize the original packaging You used to deliver the Device(s) to Acme; and (G) to deliver the Device(s) to a carrier addressed to the return mailing address You most recently specified in writing at the time permitted by this Agreement.  You hereby specifically acknowledge that by submitting Your Device(s) to Acme, You are requesting that Acme engage in the Services.  Acme shall not be required as part of the Services to address any malfunction or complaint relating to the Device(s) that is not clearly and concisely communicated to Acme in writing prior to You physically submitting the Device(s) to Acme. If, subsequent to You physically submitting the Device(s) to Acme, You identify any other malfunctions or complaints concerning the Device(s), You must communicate them to Acme in writing, and Acme shall have the sole and exclusive discretion to determine whether to repair such additional malfunctions or complaints, and Acme shall be entitled to supplement the Repair Quote or provide You with a separate Repair Quote for repair of the additional malfunctions or complaints.  Any opinion expressed by Acme as to the cause or source of the Chief Complaint(s) is only Acme’s opinion based upon the information available at the time and not a representation of fact upon which You can rely. Acme shall not be under any temporal deadline whatsoever to perform the Services unless Acme specifically agrees to perform such Services by a date certain in writing, and, in that event, Acme shall be entitled to charge a rush fee, which Acme may determine in its sole and exclusive discretion.

3. Service Detail.

Within a reasonable time after You submit the Device(s) to Acme for performance of the Services, Acme shall provide you with a hyperlink or instructions to access one or more unique URLs on the Internet that contain relevant information and records about the status of the Services and any amounts due to Acme pursuant to this Agreement (the “Service Detail”).  In the event that You provide multiple Device(s) to Acme, Acme may elect to provide you with multiple Service Details, or Acme may provide you with a singular Service Detail.  In addition to providing You with information about the status of the Services, the Service Detail serves as the main portal of communication between You and Acme.  The Service Detail(s) may from time to time display pertinent information or important notices about upcoming payment deadlines or warnings about the imposition of fees.  Because Acme does not restrict Your access to the Service Details at any time during or after the Services, You shall be deemed to have actual or constructive notice of all information that is displayed on the Service Detail(s) from the moment the Service Detail(s) is(are) updated, regardless of whether You actually navigate onto the Service Detail(s) and regardless of whether any event or circumstance outside of Acme’s control causes You to be unable to access the Service Detail(s).  You shall be deemed to take full responsibility to regularly review the Service Detail(s) to ascertain whether there have been any updates, notices, warnings, or any other additional information to the Service Detail(s) and to take all necessary actions to be able to access the Service Detail(s). While Acme may undertake to provide You with courtesy emails mirroring or explaining the same information, notices, and warnings as that which is displayed on the Service Detail(s), under no circumstances shall Acme be required to ensure that such emails are actually being received or read by You or are not being blocked by third-party spam filters.  Rather, so long as Acme sends any such email to the email address You initially provided (or to any email address You subsequently instruct Acme to use instead of the initial email address You provided), You shall be deemed to have actual knowledge of the contents of such email, and You shall be solely responsible for ensuring that You are able to receive such emails.  You hereby consent to receive emails from Acme of whatever frequency so long as You have not previously instructed Acme in writing to cease delivery of emails to You.

4. Diagnostic Fees.

You hereby specifically acknowledge that Acme does not provide Service (A) or Service (C) (collectively, the “Diagnostic Services”) (see Section 2 above) for free, notwithstanding any representation that Acme may have made that it provides free return shipping.  Thus, by submitting Your Device(s) to Acme You are agreeing to pay to Acme a fee for such Diagnostic Services in the amount set by Acme (the “Diagnostic Fee”).

So long as Acme has made a good faith and commercially reasonable attempt to provide the Diagnostic Services, the Diagnostic Fee shall be due and payable to Acme the moment Acme performs any portion of the Diagnostic Services, regardless of whether Acme ultimately determines that it is not able to repair the Device(s).  Under no circumstances shall the Diagnostic Fee be deemed to be conditioned upon Acme’s opinion concerning whether Acme will be able to repair the Device(s).  In the event You decide to accept a Repair Quote, at Acme’s sole discretion the Diagnostic Fee may be credited towards payment of the Repair Quote or any other amounts due to Acme.  Your failure to timely pay the Diagnostic Fee shall be deemed a material breach of this Agreement.  Unless otherwise instructed by Acme in writing, payment of the Diagnostic Fees shall be made only via the Service Detail.

5. Repair Quote and Diagnostic / Repair Process (including certain disclaimers).

Upon receipt of the Repair Quote, You shall have fifteen (15) calendar days to accept or reject the Repair Quote in writing (the “Consideration Period”). Acceptance or rejection of a Repair Quote must be clearly communicated to Acme in writing or via following the instructions for acceptance or rejection of a Repair Quote on the Service Detail during the Consideration Period.  Your rejection of the Repair Quote shall not result in any additional liability to You, but You shall remain liable to pay any accrued Diagnostic Fees.  Your acceptance of the Repair Quote signifies Your agreement to pay to Acme the amounts and labor rates stated therein, and Your failure to pay the amounts stated in the Repair Quote shall be a material breach of this Agreement.  The Repair Quote may be amended or supplemented from time to time, but any such amendment shall require Your written approval.  The Repair Quote may include an estimate or quote for the purchase of necessary parts, which in Acme’s sole and exclusive discretion may be new Original Equipment Manufacturer (OEM) parts, new non-OEM parts, pre-owned parts, or a combination of any such parts (collectively, the “Parts”).  Acme shall have sole and exclusive discretion to determine how to perform the Diagnostic Services and how to repair the Device(s), and under no circumstances shall You have any right to direct or specify how Acme perform the Diagnostic Services or repairs on any Device unless Acme has expressly agreed to do so in writing.  Accordingly, You hereby authorize Acme to open, manipulate, remove or replace physical components or software of, perform testing upon, alter or modify physical components or software of the Device(s) and to otherwise perform any action to the Device(s) that is reasonably calculated to lead to an improvement in the condition of the Device(s). You shall have no right to demand from Acme an accounting of the serial numbers, or other unique identifying information, of any part that Acme may have used to replace any component part of the Device(s).  You shall have no right whatsoever to demand that Acme return the Device(s) to You in the same packaging material that You used to send the Device(s) to Acme.  You hereby expressly acknowledge that Acme is an entity independent from the original manufacturer of the Device(s), and any repairs performed by Acme may void an original manufacturer warranty. You hereby agree to hold Acme harmless and forever waive and release any claims against Acme relating to the loss or voidance of a manufacturer warranty, and/or loss of manufacturer service or support.

6. Your Responsibilities Before and During Diagnostic / Repair Process.

You—not Acme—shall be deemed to be responsible for, and Acme shall be held harmless for, the following actions at all times (including during warranty service):

1. TO ENSURE PROPER PACKAGING OF THE DEVICE(S) FOR SHIPMENT TO ACME’S FACILITIES.  ANY SHIPMENT OF A DEVICE TO ACME FOR ANY REASON SHALL BE SUBJECT TO THE LIMITATIONS OF SECTION 10 OF THIS AGREEMENT REGARDING SHIPPING DAMAGE AND RISK OF LOSS.  IF THE DEVICE(S) IS(ARE) DAMAGED IN TRANSIT, ACME’S OBLIGATION TO DIAGNOSE, REPAIR, OR PROVIDE WARRANTY SERVICE TO THE DEVICE(S) WILL BE VOID (THOUGH ACME MAY ELECT TO CHARGE YOU FOR THE COST OF RETURN SHIPPING), AND YOUR ONLY RECOURSE SHALL BE TO SUBMIT A CLAIM FOR REIMBURSEMENT THROUGH THE CARRIER YOU USED TO SHIP THE DEVICE(S), WHICH MAY OR MAY NOT FULLY COMPENSATE YOU FOR THE LOSS OF THE DEVICE(S).  THEREFORE, IT IS INCUMBENT UPON YOU TO TAKE PHOTOGRAPHS OF THE CONDITION OF THE DEVICE(S) IMMEDIATELY PRIOR TO SHIPMENT;
2. IF APPLICABLE, YOU MUST MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE DEVICE(S)’ INFORMATION STORAGE MEDIA TO PROTECT THE CONTENTS THEREIN AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. YOU MUST ALSO REMOVE FROM THE DEVICE(S) ALL PERSONAL INFORMATION THAT YOU WISH TO PROTECT.  DURING DIAGNOSTIC EVALUATION OR REPAIR THE CONTENTS OF THE DEVICE(S)’ INFORMATION STORAGE MEDIA MAY BE DELETED AND REFORMATTED. YOU AGREE THAT ACME AND ITS AGENTS SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA, OR OTHER INFORMATION, PERSONAL, PROPRIETARY, OR OTHERWISE, CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE DEVICE(S) SERVICED.  IF, IN THE COURSE OF ACME’S DIAGNOSIS, REPAIR, OR WARRANTY SERVICE TO THE DEVICE(S), NECESSARY DATA IS LOST AND YOU ARE UNABLE TO SUPPLY OR RESUPPLY SUCH DATA TO ACME AT ITS REQUEST WITHIN A REASONABLE TIME, ACME’S OBLIGATION TO DIAGNOSE, REPAIR, OR PROVIDE WARRANTY SERVICE SHALL BE VOIDED, BUT, IN THAT EVENT, YOU SHALL STILL BE REQUIRED TO PAY TO ACME ALL AMOUNTS THAT WOULD HAVE BEEN OWED UPON A SUCCESSFUL DIAGNOSIS OR REPAIR;
3. You must disable, or otherwise provide to Acme, all security passwords for the Device(s) and associated software systems to enable Acme to diagnose and/or repair the Device(s).  Acme shall not be held liable for any damages or losses caused by Your failure to disable or otherwise provide Acme with passwords associated with the Device(s) or its software;
4. From time to time Acme may make a request to You in order to facilitate a diagnosis or repair (an “Ancillary Request”), such as, for example, sending to Acme a missing component that You may have inadvertently failed to include with the Device(s).  Your failure to respond to or comply with an Ancillary Request within a reasonable period of time shall be deemed to be a material breach of the Agreement; and
5. Prior to submitting any Device(s) to Acme for Services You must independently determine whether repairs performed by Acme would void original manufacturer warranties for the Device(s).

7. Warranty for Repairs.

Except for the Exclusions identified and defined below, Acme warrants that the repairs made to Device(s) shall cause to Device(s) to not exhibit the Chief Complaint(s) (the “Warranty”) for a period of 180 calendar days beginning on the date the respective Device(s) is(are) delivered to You (the “Warranty Period”).

7.1 Exclusions from Warranty.

The scope of the Warranty does not include the following (collectively, the “Exclusions,” each an “Exclusion”):

• • Damages caused by Your improper installation, removal, or disposal of the Device(s) after the Device(s) is(are) delivered to You;
  • Damages to a Device(s) caused by You or a third-party as a result of additional repairs or modifications made during the Warranty Period;
  • Damages to the Device(s) caused by (i) another physical or electronic item, substance, or chemical that is(are) not the Device(s), (ii) abuse or misuse by Your or a third-party, (iii) liquid contact as a result of natural phenomenon, fire, earthquake or other external cause, (iv) operating the Device(s) outside the permitted or intended uses described by the manufacturer, or (v) service (including upgrades and expansions) performed by anyone who is not a representative of Acme or an Acme Authorized Service Provider (as identified by Acme).
  • Damages to a Device(s) with a serial number that has been altered, defaced or removed, or to Device(s) that has(have) been modified to alter its functionality or capability without the written permission of the manufacturer;
  • Intentional damage or destruction of the Device(s);
  • Damages caused to the Device(s) by a third-party carrier shipping the Device(s) to or from Acme’s facilities;
  • Damages to a Device that has been lost, stolen, or transferred to a third-party (i.e. the Warranty is applicable only to You and not to anyone you transfer the Device(s) to subsequent to your receipt of the Device(s));
  • Cosmetic damage to the Device(s), including, but not limited to, scratches, dents and broken plastic on ports;
  • Loss or damage to any consumable parts, such as batteries, lightbulbs, or disposable accessories;
  • Preventative maintenance on or for the Device(s);
  • Loss of profits or revenue as a direct or indirect result of loss or interrupted use of the Device(s); and
  • All other damages that are neither defects in material and workmanship nor the actual and direct result of an accident.

7.2 Warranty Claim.

To make a valid claim under the Warranty (a “Warranty Claim”), You must submit the Warranty Claim through the Help tab on the Website on or before the expiration date of the applicable Warranty Period.  A Warranty Claim submitted after the expiration of the applicable Warranty Period need not be honored by Acme, which determination shall be at Acme’s sole and exclusive discretion.  Upon receipt of a timely Warranty Claim, Acme or its agents may require that You furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues, and follow additional procedures for obtaining warranty service.  At Acme’s sole and exclusive discretion it may determine whether Your Device(s) will be repaired or whether the amounts You paid for the Services will be fully or partially refunded, which determination may be changed at any time.  In the event Acme chooses to repair the Device(s), Acme shall only be required to attempt a commercially reasonable repair of the Device(s).  If Acme has been unable to repair the Device(s) within a period of 90 days after the expiration of the applicable Warranty Period, You may request a refund of the amounts paid for the Services, but Acme will retain the sole and exclusive discretion to determine whether it will continue attempting to repair the Device(s), replace the Device(s), to provide a full or partial refund. Depending on the condition of the Device(s), Acme may determine that the Device(s) need(s) to be sent to one of Acme’s facilities for service and/or repair.  Once Acme determines that a repair made under the Warranty Claim is sufficient to discharge its Warranty obligations, Acme shall notify You and shall deliver the Device(s) to a carrier for delivery to You.  Any warranty service or repair performed by Acme pursuant to this Section shall be warranted for a period of time equal to the number of days that were remaining in the original Warranty Period on the date You submitted a Warranty Claim and such period shall begin on the date the Device(s) is(are) delivered back to You.  Such warranty repair shall be subject to the same limitations and Exclusions set forth in Section 7.1 above and any additional warranty service or repair shall be made pursuant to this Section 7.2.  Any further Warranty Claims must be submitted using the same procedure as a new Warranty Claim unless Acme otherwise provides its express written consent to re-open a Warranty Claim.

7.3 Conditions for Warranty Service.

To facilitate a valid Warranty Claim, You must comply with the requirements of Section 6, the failure of which may void Your Warranty Claim as determined in Acme’s sole and exclusive discretion.

8.  Waiver of Implied Warranties.

EXCEPT FOR ANY EXPRESS WARRANTIES DESCRIBED UNDER THIS AGREEMENT, YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL OTHER GUARANTEES, AND EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

9. Returns.

Except as otherwise expressly stated in this Agreement, You shall be entitled to a full refund only if, prior to the moment that Acme begins providing any Diagnostic Services for the Device(s), You communicate to Acme in writing that You wish to have the Device(s) returned to You and You agree to cover the cost of return shipping.

10. Shipping Damage; Risk of Loss.

Acme contracts with an unaffiliated third-party courier (the “Carrier”) to deliver Your Device(s) to You.  Whether Acme has an obligation to deliver the Device(s) to You or whether Acme voluntarily undertakes to deliver the Device(s) to You, Acme shall only be responsible for delivery of the Device(s) to the Carrier, after which the risk of loss of the Device(s) shall immediately shift to You.  In the event You seek to deliver one or more Device(s) to Acme for Services or a warranty repair, You shall bear the risk of loss until the moment the Device(s) is(are) delivered to Acme’s premises. Acme shall have no responsibility to insure the Device(s) during delivery by the Carrier for its full value unless You specifically request in writing that Acme insure the Device(s) for a specific amount and You pay Acme for any additional cost of such insurance. Upon delivery of the Device(s) to You, the courier may require a signature from someone over the age of 18 years to accept delivery.  Under no circumstances shall Acme be liable to You in the event the Device(s) is(are) lost, damaged or stolen during or after shipping, even if the Carrier refuses to sufficiently compensate You for the loss, damage or theft of the Product or device. Although shipping damage is exceptionally rare, if the shipping container for the Device(s) is(are) severely damaged or if the contents therein are broken or otherwise harmed, You must not sign for or accept the shipment; rather, You must take photographs of the damaged container and/or Device(s) sufficient to establish that the damage was caused during shipment and not by You or Your mishandling of the Device(s) and contact Acme’s support staff immediately (contact information below) to provide such photographs to Acme.  Any Device(s) damaged during shipment are not eligible for a Warranty Claim, but may be eligible to be reimbursed by an insurance claim through the Carrier.  You agree to cooperate promptly with Acme to submit an insurance claim through the Carrier.

10.1   Inbound Shipping Safety Requirements and Disclaimers.

All medical, lab, industrial, or scientific equipment sent to Acme’s facilities must meet certain requirements to ensure the safety of Acme’s employees and maintain a safe and healthy working environment. Acme requires that You take comply with all of the following guidelines before shipping any Device(s) to Acme’s facility:

1. Proper Sanitization: Prior to shipment to Acme, all Devices must be thoroughly cleaned and sanitized to prevent any potential biohazard risks. Any Device that has not been properly sanitized will be refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion. It is Your responsibility to ensure that the Device(s) is(are) free from any harmful bacteria, viruses, or other pathogens.
2. Fluid Drainage: All Devices must be drained of any and all fluids, including blood or other bodily fluids, before shipment to prevent any potential biohazard risks that may arise during the handling and inspection process. Failure to comply with this requirement may result in the Device(s) being refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion. It is Your responsibility to ensure that the Device(s) is(are) free from any fluids.
3. Hazardous Materials: All hazardous materials, chemicals, or other potential hazards (collectively, “Hazards”) associated with the Device(s) must be properly labeled and identified. Acme reserves the right to take any necessary precautions to ensure the safety of its employees when handling such equipment. Failure to comply with this requirement may result in the Device(s) being refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion.  It is Your responsibility to ensure that all Hazards are properly labeled and identified.
4. Special Handling Requirements: It is Your responsibility to provide Acme with any relevant information regarding the Device(s) to be shipped, including the type of device, the intended use, and any special handling requirements. Failure to comply with this requirement may result in the Device(s) being refused and returned to sender without any liability to Acme, which determination shall be at Acme’s sole and exclusive discretion.  Acme shall not be liable for any damage caused to the Device(s) as a result of any failure by You to communicate special handling requirements to Acme.

IN THE EVENT YOU FAIL TO ADHERE TO THE REQUIREMENTS OF THIS SECTION, ACME MAY ELECT TO CHARGE YOU A SANITATION FEE OF $100 USD PER DEVICE.  FURTHERMORE, YOU SHALL BE LIABLE FOR ANY AND ALL CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURIES, CAUSED TO ACME OR ITS AGENTS BY YOUR FAILURE TO ADHERE TO THE REQUIREMENTS OF THIS SECTION.  For Your convenience, below is a list of materials that Acme will not handle unless properly labeled, contained, and identified at time of delivery to Acme:

• Blood or other bodily fluids
• Chemical reagents or solvents
• Radioactive materials
• Corrosive or flammable liquids (gasoline, oil, or other fluids)
• Biological agents or toxins
• Hazardous compounds, gases or vapors released at time of inbound evaluation
• Sharps or other medical waste
• Asbestos or other toxic fibers
• PCBs or other persistent organic pollutants that exceed Acme’s indoor atmospheric standards
• Mercury or other heavy metals

Furthermore, Acme recommends that You review UPS’ “List of Prohibited and Restricted Items for Shipping.”  Acme shall not be liable to You for any shipping delays resulting from the Carrier refusing to ship any Device(s) to Acme.

11. Payment and Accepted Payment Methods.

Acme does not accept cash or purchase orders as a valid method of payment for any amount due unless expressly approved by Acme in writing.  Acme does not accept partial payments of amounts due; any amount due must be paid in full in one lump sum payment.  Acme does not accept the Device(s) as a form of payment or credit to any amount due to Acme under this Agreement, and under no circumstance shall Acme be compelled to accept the Device(s) as payment.  Acme shall have sole and exclusive discretion whether to permit payment using credit or debit cards, personal check, or cashier’s check, and it shall not be a defense to nonpayment that Acme did not offer to You credit or debit cards, personal check, or cashier’s checks as an accepted method of payment.  Payment by ACH shall be considered an accepted method of payment.  If Acme authorizes You to make payment via personal check or cashier’s check, payment shall be considered tendered the moment such personal check or cashier’s check is received by Acme and not before.  It shall be Your sole responsibility to ensure that such personal check or cashier’s check is tracked and delivered to Acme by any stated payment deadline to avoid accrual of further fees.  Acme shall have no obligation to honor Your payment by check or cashier’s check if it is received by Acme beyond the stated payment deadline and additional fees have accrued.  Acme contracts with a third-party company for payment-related services which uses a third-party payment processor (“Payment Processor”) to link to Your bank account information. In addition to the terms of this Agreement, the processing of bank debits, as applicable, in connection with payment for the Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and Your banking institution. In connection with payment for the Services, Acme will obtain certain transaction details, which Acme will use solely in accordance with Acme’s Privacy Policy.  If You decide to pay in full using Your bank account, You bear ultimate responsibility for ensuring that the full amount owed is paid to Acme.  You agree to pay Acme for any unpaid amount, and costs of collection, including reasonable attorney fees, in the event of a failure by the Payment Processor or Your financial institution(s) to remit payment in full to Acme.  Further, You agree that in the event of a dispute regarding the Services, warranties, refunds, or any other part of this Agreement, You shall not initiate a “chargeback” or “payment dispute” through Your financial institution under any circumstance without the express written consent of Acme.  Your failure to obtain Acme’s express written consent prior to initiating a chargeback through Your financial institution shall be considered a material breach of this Agreement, and Acme shall be permitted to cease to provide further support, including repair, return, and general troubleshooting information to You until the investigation has concluded.  To the extent a Device is in Acme’s possession at such time, you authorize Acme to store the Device in its facility and charge You Storage Fees in accordance with Section 12.

12. Premium Storage of Device(s).

You expressly recognize that Acme is primarily a repair facility with limited capacity to temporarily store Devices during the repair process; however, in certain defined circumstances, Acme offers long-term storage of Your Device(s) in a dedicated storage facility for a premium daily rate.  Acme offers such premium storage services in accordance with its “Storage Policy,” which is available on the Website and which is incorporated herein by reference. You expressly acknowledge and agree that acceptance of this Agreement constitutes pre-approval for Acme to store Your Device(s) in accordance with the Storage Policy and an agreement to pay a premium daily rate for storage of Your Device(s) in the event Your Device(s) become subject to storage under the Storage Policy.

13. Customer Support.

Acme may, in its sole discretion, offer remote customer support channels to You for help with general questions, requests regarding returns and other claims, and general troubleshooting. The following support channels may be utilized for customer support:

• • Email: help@acmerevival.com

If You attempt to contact Acme through an alternative channel, You may not receive a response.  Acme reserves the right to discontinue support or refuse service to You if You exhibit aggressive, harassing, discriminatory, or other inappropriate behavior through Acme’s available support channels. In certain cases, Acme may protect the identity of its support agents or team members by using aliases, nicknames, or other filters in order to comply with privacy laws.

14. Intellectual Property.

This Agreement does not constitute a sale of any rights of ownership in or related to the Website, or any intellectual property rights owned by Acme.  Acme alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Website. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Website shall be owned solely and exclusively by Acme, and/or, as applicable, Acme’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. To the extent You create any intellectual property in relation to Your use of the Website, You hereby irrevocably assign to Acme any and all of Your intellectual property rights, including, but not limited to, Your rights, title, and interests in the Website or any modification to or derivative work of the Website. You shall not remove, obscure, or alter, or authorize or permit any third-party to remove, obscure, or alter, any proprietary rights legend or legal notices displayed in the Website. For the avoidance of doubt, using the Website shall not give You ownership of any intellectual property rights in the Website or the content You access. You may not use content from the Website unless You obtain permission from Acme or are otherwise permitted by law. These Terms do not grant You the right to use any branding or logos used in the Website without Acme’s express written approval. Acme and its name, logo, and the names and logos associated with the Website are to be considered trademarks of Acme, its affiliated companies or approved third-parties, and no right of license is granted to You to use them.  The materials and content on the Website are copyrighted by Acme and/or other applicable rights holders, excluding You. You may download and reprint a single copy of the materials from the Website for Your own personal, noncommercial use only, provided that You keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without Acme’s prior written permission and the permission of all applicable rights holder(s).

14.1. Notice of Copyright Infringement.

If You are a copyright owner who believes Your copyrighted material has been reproduced, posted, or distributed by Acme in a manner that constitutes copyright infringement, prior to initiating any legal dispute You agree to inform Acme’s designated copyright agent by sending written notice by email to help@acmerevival.com. You must include the following information in Your written notice: (a) a detailed description of the copyrighted work that is allegedly infringed upon; (b) a description of the location of the allegedly infringing material on the Website; (c) Your contact information, including Your address, telephone number, and, if available, email address or other electronic address; (d) a statement by You indicating that You have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (e) a statement by You, made under penalty of perjury, affirming that the information in Your notice is accurate and that You are authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on the Website.  Failure to comply with this Section shall be deemed a material breach of this Agreement.

15. DISCLAIMERS.

THE WEBSITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” BASIS AND SHOULD NOT BE USED FOR THE BASIS OF ANY SCIENTIFIC RESEARCH OR STUDIES. ANY ACCESS TO OR USE OF THE WEBSITE, AND ANYTHING YOU DOWNLOAD THEREFROM, IS VOLUNTARY AND AT YOUR SOLE RISK.  ACME SHALL NOT BE HELD RESPONSIBLE FOR REPAIRS TO DEVICE(S) OWNED BY PERSONS WHO ARE NOT ALLOWED BY APPLICABLE LAW TO POSSESS ANY OF SUCH DEVICE(S), AND ACME SHALL HAVE NO OBLIGATION TO ENGAGE IN ANY DUE DILLIGENCE CONCERNING THE IDENTITY OF ITS CUSTOMERS (INCLUDING YOU) PRIOR TO AGREEING TO PERFORM ANY REPAIRS.  ACME MAY DECLINE SERVICE TO ANY INDIVIDUAL OR ENTITY FOR ANY REASON SO LONG AS DOING SO WOULD NOT VIOLATE APPLICABLE LAW.  ACME DOES NOT MAKE ANY REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGMENT), WITH REGARD TO THE WEBSITE, OR WITH RESPECT TO ANY INFORMATION, SERVICE, OR OTHER MATERIAL PROVIDED TO YOU ON OR THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM ACME TECHNICIANS YOU COMMUNICATE WITH), AND AS SUCH YOUR RELIANCE ON ANY SUCH ALLEGED REPRESENTATIONS OR ENDORSEMENTS SHALL BE DEEMED UNREASONABLE AND UNJUSTIFIED.  YOU SPECIFICALLY UNDERSTAND THAT YOU MAY BE SEEKING REPAIR OF A DEVICE  THAT COULD BE CONSIDERED “OBSOLETE” OR “BEYOND-LIFE” BY THE MANUFACTURER OF SUCH DEVICE, AND SOME MANUFACTURERS MAY RECOMMEND THAT SUCH DEVICES SHOULD NOT BE USED.  YOU AGREE THAT ACME HAS NO OBLIGATION TO INVESTIGATE OR DISCLOSE TO YOU ANY SUCH MANUFACTURER’S WARNINGS OR OPINIONS, AND IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER THE DEVICE IS SAFE TO USE PRIOR TO USE. THEREFORE, YOU HEREBY ASSUME THE RISK OF INJURY OR DAMAGE ASSOCIATED WITH USING SUCH DEVICES AND AGREE TO HOLD ACME HARMLESS FROM ANY DAMAGE OR LOSS CAUSED BY SUCH DEVICES.  YOU UNDERSTAND THAT DEVICES REPAIRED BY ACME SHOULD BE PERIODICALLY TESTED, RE-CERTIFIED, AND/OR EVALUATED FOR SAFETY AND PERFORMANCE, AND AT A MINIMUM YOU SHOULD EVALUATE AND INSPECT SUCH DEVICES FOR SAFETY AND COMPLIANCE BEFORE EVERY USE.  PRIOR TO YOUR USE OF A DEVICE BY ACME ACME YOU MUST READ THE ENTIRE USER MANUAL AND/OR OTHER DOCUMENTATION  PROVIDED BY THE MANUFACTURER (REGARDLESS OF WHETHER THE MANUAL OR DOCUMENTATION IS PROVIDED—OR ABLE TO BE PROVIDED—BY ACME), AND YOU AGREE TO HOLD ACME HARMLESS FROM ANY DAMAGE OR LOSS CAUSED BY YOUR MISUSE OF SUCH DEVICES.  ACME DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE WEBSITE OR THE INTERNET GENERALLY.  ACME MAKES NO WARRANTY OR GUARANTEE THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, FREE FROM MALWARE, ERROR-FREE, OR CAUSE A LOSS OF DATA.  ACME EXPRESSLY DISCLAIMS THAT ANY FILES MADE AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO DISCONTINUE USING IT, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES RESULTING FROM USING THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.  YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE THAT WILL ALLOW YOU TO RECONSTRUCT OR RECOVER ANY LOST DATA.

16. Limitation of Liability.

IN NO EVENT WILL ACME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, EVEN IF ACME IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  ADDITIONALLY, IN NO EVENT SHALL ACME BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF ACTS OF GOD OR OTHER UNEXPECTED EVENTS OUTSIDE ACME’S DIRECT CONTROL, THE USE OF, OR THE INABILITY TO USE, THE ACME WEBSITE, OR THE SHIPMENT, REPAIR, OR REPLACEMENT OF DEVICES PURSUANT TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM PERSONAL INJURIES TO YOU OR ANY THIRD-PARTY, ANY COSMETIC DAMAGES OR MINOR PHYSICAL DAMAGES ARISING FROM ACME’S ENTRY INTO THE DEVICE TO PERFORM DIAGNOSTIC EVALUATIONS OR REPAIRS, ANY DAMAGES ARISING FROM ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE ACME WEBSITE, OR ANY DAMAGES ARISING FROM THE LOSS OF ANY DATA THAT MAY HAVE OCCURRED DURING WARRANTY SERVICE OR REPLACEMENT OF ANY DEVICE (YOU ACKNOWLEDGE THAT YOU BEAR THE ENTIRE RISK OF LOSS OF SUCH DATA AND ARE ADVISED TO MAKE ANY NECESSARY BACKUPS OF SUCH DATA PRIOR TO DELIVERY OF THE PRODUCT TO ACME FOR WARRANTY SERVICE OR REPLACEMENT). THE MAXIMUM LIABILITY OF ACME FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID TO ACME FOR THE SERVICES. THE FOREGOING LIMITATION OF ACME’S LIABILITY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE DEVICES OR WEBSITE.  IN THE EVENT THAT ACME DETERMINES IT IS UNABLE TO COMPLETE A REPAIR OF YOUR DEVICE(S) FOR ANY REASON, YOUR ONLY REMEDY SHALL BE TO SEEK A REFUND OF AMOUNTS PAID TO ACME FOR THE SERVICES, MINUS THE ASSOCIATED DIAGNOSTIC FEES THAT EARLIER ACCRUED AND MINUS EXPENSES AND COSTS ACTUALLY INCURRED BY ACME TO THIRD-PARTIES WHILE REPAIRING THE DEVICE(S).

17. Class Action Waiver.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, INCLUDING, BUT NOT LIMITED TO, CLASS ARBITRATIONS OR JOINDERS WITH MORE THAN TWO TOTAL PLAINTIFFS, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

18. Indemnification.

You agree to indemnify and hold harmless Acme, Acme’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, attorneys, accountants, representatives, licensors, successors and assigns from and against any and all losses, expenses, claims, judgments, damages and costs, including reasonable attorneys’ fees, that arise out of Your use of the Device(s), the Website, violation of this Agreement by You or any other person using Your account, or Your violation of any rights of another. Acme reserves the right to control the defense of any claim for which Acme is entitled to indemnification under this Section. In such event, You agree to provide Acme with such cooperation as is reasonably requested by Acme.

19. Assignment.

This Agreement is personal to You and may not be assigned by You except as expressly agreed to by Acme in a signed writing.  On the other hand, Acme shall be permitted to assign this Agreement to any third-party in connection with the sale or acquisition of Acme without Your consent and without notice to You.  To the extent Your consent or notice is required by law, You hereby irrevocably agree to consent to such an assignment in advance and waive any requirements for notice of such an assignment.

20. Severability.

If any term or other provision of this Agreement is determined to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.  Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible, in a mutually acceptable manner.

21. Governing Law; Venue; and Dispute Resolution.

This Agreement (and any claims or disputes arising out of or related hereto or thereto, whether for breach of contract, tortious conduct or otherwise, and whether predicated on common law, statute, or otherwise) shall be governed by, and construed in accordance with the laws of the State of Colorado, United States of America, irrespective of the choice of law principles of any other state or country, including all matters of validity, construction, effect, enforceability, performance, or remedies.  You expressly agree that the sole and exclusive venue for any litigation or arbitration arising out of or related to this Agreement shall be proper only in the State of Colorado, United States of America in Jefferson County, and for the purpose of confirming an arbitration award (or if the arbitration requirement is deemed waived) the Parties irrevocably and unconditionally consent to the sole and exclusive personal jurisdiction of the state or federal courts of Jefferson County Colorado over the Parties and agree to be bound by any judgments, orders, or decrees issued from those courts.

21.1 Disputes You Have Against Acme (INCLUDES AN ARBITRATION AGREEMENT).

In the event You have a dispute against Acme that arises out of or relates to this Agreement, You agree that You will adhere to following dispute resolution procedure: (1) You must first provide to Acme written notice of the dispute detailing the nature and factual circumstances of Your complaint as well as the relief You are seeking (the “Notice of Dispute”); the Notice of Dispute must be mailed via USPS certified mail to: PO Box 371772, Denver, CO 80237; failure to submit a Notice of Dispute to Acme before initiating litigation or arbitration shall entitle Acme to seek immediate dismissal of the action without prejudice until this Section is fully complied with (and You shall not be entitled to seek tolling of a statute of limitations); (2) if You and Acme are unable to resolve Your dispute to Your satisfaction within sixty (60) calendar days of Acme’s receipt of the Notice of Dispute, You hereby irrevocably and unconditionally agree that any disputes You have that arise from or are related to this Agreement (in the broadest interpretation possible) shall be submitted to mandatory and binding arbitration through JAMS, shall be governed by the Federal Arbitration Act, and shall use the JAMS’ then-applicable Comprehensive Arbitration Rules and Procedures.  In that event, the Parties irrevocably and unconditionally submit to the personal jurisdiction of JAMS, and the Parties shall select a single neutral arbitrator who shall issue a reasoned opinion along with the arbitration award at the conclusion of the final arbitration hearing.  Either Party may then petition a court of competent jurisdiction for confirmation of the arbitration award and for entry of judgment based on such award.

21.2 Disputes Acme Has Against You.

In the event Acme has a dispute against You, Acme shall have sole and exclusive discretion to decide whether to bring its claims against You either in a court of competent jurisdiction or through mandatory binding arbitration.  In the event that Acme elects to bring its claims via arbitration, it will do so through JAMS and shall proceed utilizing JAMS’ then-applicable Comprehensive Arbitration Rules and Procedures, and You irrevocably and unconditionally submit to the personal jurisdiction of JAMS.  You agree that the sole and exclusive venue for any litigation or arbitration arising out of or related to this Agreement shall be proper only in Jefferson County Colorado, United States of America, and for the purpose of litigation on the merits or for confirming an arbitration award.

22. Attorney Fees and Costs.

Should Acme be determined to be the prevailing Party in any arbitration, litigation or other action arising from or related to this Agreement, then Acme shall be awarded its reasonable attorney’s fees and costs, including, but not limited to, the costs and attorney’s fees incurred on appeal and collection, to be paid by You.

23. Waiver of Jury Trial.

THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to encompass any and all disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims).

24.  Lien for Labor.

YOU ARE HEREBY ON NOTICE THAT PURSUANT TO C.R.S. § 38-20-106 ACME SHALL HAVE A LIEN UPON THE DEVICE(S) FOR THE AMOUNTS DUE UNDER THIS AGREEMENT AND ALL COSTS INCURRED TO ENFORCE THAT LIEN. YOU FURTHER UNDERSTAND THAT COLORADO LAW REQUIRES THAT ACME RETAIN POSSESSION OF THE DEVICE(S) IN ORDER TO ENFORCE ITS LIEN.  ACCORDINGLY, YOU AGREE THAT STORAGE OF THE DEVICE(S) PURSUANT TO SECTION 12 HEREIN SHALL CONSTITUTE BOTH A LABOR UPON THE DEVICE(S) AND SIMULTANEOUSLY A COST TO ENFORCE SUCH LIEN.

25. Waivers.

No failure or delay of a Party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of any other right or power.  The rights and remedies of the Parties hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have hereunder.  Any agreement on the part of any Party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by such Party.

26. No Intended Third-Party Beneficiaries.

This Agreement is not intended to benefit any third-party (except as expressly set forth herein).

27. Modification of Statute of Limitations.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICE MUST BE FILED BY YOU WITHIN ONE (1) YEAR FROM THE DATE OF THE ORIGINAL REQUEST FOR SERVICE, OTHERWISE SUCH CLAIM OR CAUSE OF ACTION SHALL BE FORFEITED AND FOREVER BARRED.

28. Subsequent Versions of Agreement.

If Acme in its sole discretion decides to modify the terms of this Agreement in the future, Acme will post the revised Terms to the Website with or without notice to You. You acknowledge that each time You place an order for Service or otherwise access a Service Detail, You are agreeing to the latest version of this Agreement as posted on the Website, and You agree to review this Agreement each time You use the Website so that You can become aware of any modifications made to this Agreement.

29. Incorporation; Conflicts of Terms.

This Agreement incorporates by reference the terms and conditions of Acme’s Warranty Policy, Acme’s Shipping and Return Policy, Acme’s Storage Policy, and Acme’s Privacy Policy, all of which are available on the Website, and any other policy that Acme may in its sole discretion include on the Website from time to time (the “Other Policies”).  This Agreement, together with the Warranty Policy, the Shipping and Return Policy, the Privacy Policy, the Storage Policy, and the Other Policies created by Acme that exist on the date You enter into this Agreement shall constitute the full, final, and entire understanding and agreement between the Parties with regard to the subject matters thereof and supersedes all other prior and contemporaneous agreements and understandings, both written and oral, among the Parties with respect to the subject matter thereof. You acknowledge that the Warranty Policy, the Shipping and Return Policy, the Privacy Policy, the Storage Policy, and the Other Policies are presented separately for Your benefit in an easy-to-understand format containing the essential elements of each such policy; however, to the extent any inconsistency or conflict exists between the terms of this Agreement and the Warranty Policy, the Shipping and Return Policy, the Privacy Policy, the Storage Policy, or the Other Policies, or any other agreement that may exist between the Parties, You agree the terms of this Agreement shall control.

30. Survival of Terms.

Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and shall be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability, and governing law.

Acme Revival’s Terms of Service were last revised and updated on September 19, 2024.