ACME REVIVAL, INC.
TERMS OF SERVICE

Version: September 25, 2026 —

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).

YOU AFFIRMATIVELY ACCEPT THESE TERMS BY SELECTING THE AGREEMENT CHECKBOX OR EQUIVALENT EXPRESS ACCEPTANCE CONTROL PRESENTED WITH A LINK TO THESE TERMS WHEN CREATING YOUR REPAIR REQUEST OR ORDER THROUGH www.acmerevival.com (the “Website”). BY DOING SO, YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW THESE TERMS AND AGREE TO BE BOUND BY THEM, INCLUDING THE MUTUAL ARBITRATION AGREEMENT IN SECTION 24 AND THE CLASS ACTION WAIVER IN SECTION 20. IF YOU DO NOT AGREE, YOU MUST NOT COMPLETE A REPAIR REQUEST NOR PLACE AN ORDER.

1. Parties.

This Agreement is entered into between Acme Revival, Inc. (“Acme”), doing business as Acme Revival, and each individual or entity that affirmatively accepts these Terms through the clickwrap acceptance process when creating a repair request or order on the Website (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. This Agreement is entered into when You affirmatively accept the Terms presented during the Repair Submission Flow. The accepted version governs the corresponding repair request and related Services, subject to Sections 30 and 31.

2. Repair Services.

The services Acme offers pursuant to this Agreement (collectively, the “Services”) consist solely of the following activities with respect to the device(s) that You submit for diagnostic service and/or repair (the “Device” or “Device(s)”):

(a) Assignment to Repair Operations or Technician Network.

Upon Your submission of a Device through the Website, Acme will assign the Device to its in-house repair operations in Colorado or to an independent technician or engineer within Acme’s network of third-party service providers (the “Technician Network”) and will provide You with instructions regarding where and how to ship the Device. References in this Agreement to the “assigned technician” include the technician performing the Services through Acme’s in-house repair operations or the Technician Network, as applicable. Members of the Technician Network are independent contractors and not employees, agents, or representatives of Acme; that classification does not apply to Acme’s in-house personnel.

By submitting or delivering Your Device(s) to Acme or as directed by Acme, You are specifically and affirmatively requesting that Acme arrange for the Services described in this Section 2. The assigned technician will attempt, on a commercially reasonable best-efforts basis, to diagnose and attempt to remedy the malfunction(s), defect(s), or issue(s) that You clearly and concisely identify in writing prior to Your physical submission or delivery of the Device(s) (the “Chief Complaint(s)”).

You expressly acknowledge and agree that, prior to the completion of a successful repair, all diagnostic and repair activities are undertaken on a commercially reasonable best-efforts basis, and that neither Acme nor any member of the Technician Network makes any representation, warranty, or guarantee that any attempted diagnostic or repair service will result in a successful repair outcome. No assurance, estimate, or expectation of success may be made or inferred until the repair has been completed and the Device(s) has (have) been determined to no longer exhibit the applicable Chief Complaint(s).

You further acknowledge and agree that the Services do not require Acme or any member of the Technician Network to:

(i) cause the Device(s) to operate at original or “factory” specifications; or

(ii) cause any improvement in the Device(s)’ performance above factory specifications.

Acme shall have no obligation, as part of the Services, to address any malfunction, defect, or complaint relating to the Device(s) that is not included in the Chief Complaint(s) and communicated to Acme in writing prior to submission or delivery of the Device(s).

If, after You have physically submitted or delivered the Device(s), You identify or wish to raise any additional malfunction(s), defect(s), or complaint(s) concerning the Device(s) (including, without limitation, issues not included in the original Chief Complaint(s)), You must communicate such additional issues to Acme in writing. Acme shall have the sole and exclusive discretion to determine whether to attempt to diagnose and/or address such additional issues and may, without limitation:

(a) decline to address such additional issues; or

(b) determine that such additional issues require separate or additional services subject to separate terms, approval, or pricing.

(b) Condition Documentation.

To take reasonable steps to document the external condition of Your shipment when initially received by Acme or the assigned technician and, only after receipt of the full Flat-Rate Labor Amount described in Section 2(d), the external condition and any readily observable condition of Your Device(s). Documentation may include, in Acme’s or the technician’s discretion, written notations, photographs, video, or other documentary means. Before that payment is received, intake and condition documentation shall be limited to the unopened shipping container. Such documentation is for Acme’s internal and risk-management purposes only and does not constitute a representation, warranty, or admission by Acme regarding the prior or existing condition of the Device(s).

(c) Initial Diagnostic Evaluation.

After Acme receives the full Flat-Rate Labor Amount, the assigned technician will evaluate the Device(s) and provide You with a brief description of Acme’s and/or the technician’s opinion, based on the information then available, as to the apparent source or cause of the Chief Complaint(s) (the “Initial Diagnostic Evaluation” or “IDE”). The IDE will typically be performed within forty-eight (48) hours after receipt of that payment for Device(s) already checked in. This timeframe is an estimate only and is not a guaranteed service level.

Any description provided by Acme, including in any Initial Diagnostic Evaluation, concerning the condition of the Device(s), the suspected source or cause of the Chief Complaint(s), or the likelihood of success of any attempted repair, is and shall be deemed to be only an opinion of Acme or the applicable technician based on the limited information available at the time. Such opinions do not constitute, and You agree that You are not relying upon them as, statements or representations of past or existing fact, professional engineering analysis, or guarantees of outcome or performance.

(d) Flat-Rate Labor Amount; Parts Quotation.

During the Repair Submission Flow, before You ship the Device(s), Acme will display the pre-quoted flat-rate repair labor amount (the “Flat-Rate Labor Amount”). The Flat-Rate Labor Amount covers the technician’s labor, including the IDE, repair work, tracing, testing, and other labor required to complete the Services for the applicable Chief Complaint(s). It is not an all-inclusive repair quotation and does not include replacement parts, assemblies, components, the Repair Network Fee, or Return Shipping. Those amounts are governed by this Section 2(d) and Sections 8 and 12.

Upon check-in of Your Device(s), You must pay the full Flat-Rate Labor Amount in accordance with Section 8. The package shall not be opened, and no IDE, disposition report, bench work, tracing, testing, or repair work shall be performed, until Acme receives that payment in good funds. If the technician determines after the IDE that original equipment manufacturer (“OEM”) parts, assemblies, or components are required, Acme will post a separate quotation for those items to Your Service Detail (a “Parts Quotation”). No fixed period or deadline applies to Your approval or payment of a Parts Quotation. Acme is not required to hold the Device(s) indefinitely while awaiting that approval or payment and may cease further Services and return the Device(s) under Section 12.3. Required quoted items will not be purchased or installed until You approve the Parts Quotation and pay the quoted amount in good funds. If no additional parts, assemblies, or components are required, the repair will proceed without a second quotation or further quotation approval.

References in this Agreement to a “Quotation” mean the pre-quoted Flat-Rate Labor Amount or a Parts Quotation, as applicable; references to an accepted Quotation mean the Flat-Rate Labor Amount authorized by Your submission and payment or a Parts Quotation You separately approve. You acknowledge and agree that, notwithstanding prepayment or approval of a Parts Quotation, the repair may ultimately be partially successful or unsuccessful and shall be subject to Section 15 (Refunds), as applicable.

The Flat-Rate Labor Amount and each Parts Quotation are binding and non-negotiable. You agree to pay amounts due in accordance with Section 8 (Payment; Accepted Forms of Payment). Acme will not alter, discount, or otherwise modify an issued Quotation absent Acme’s express written consent (which may be reflected in an updated Service Detail posting).

If You decline a required Parts Quotation, or if Acme elects to cease Services because a Parts Quotation remains unapproved or unpaid, Acme will cease further repair work, refund eligible prepaid amounts in accordance with Section 15, and return the Device(s) under Section 12.3. Acme will apply available prepaid funds to the applicable Return Shipping and Repair Network Fee without collecting either amount twice. Unpaid charges for parts that have not been purchased or installed will be canceled and will not prevent return. If You request return before paying the Flat-Rate Labor Amount, no evaluation or repair work will have been performed, and Section 12.3 shall apply.

(e) Attempted Repair.

For Acme or the assigned technician to undertake the IDE and attempted repair of the Chief Complaint(s) only after Acme receives the full Flat-Rate Labor Amount in good funds. Payment authorizes the labor within the scope described in this Agreement. Any required OEM parts, assemblies, or components are subject to Your separate approval and payment of a Parts Quotation under Section 2(d). If no such items are required, the assigned technician may proceed with the repair without an additional Quotation.

You acknowledge and agree that Acme shall not be subject to any guaranteed turnaround time, completion date, or service-level commitment with respect to the performance of the Services or the return of the Device(s), unless Acme expressly agrees in a separate written instrument to perform such Services by a date certain. Any such agreement shall be effective only if confirmed in writing by an authorized representative of Acme. If Acme does agree to a date-certain or expedited service, Acme may assess, and You agree to pay, an additional rush or expedited service fee in an amount determined by Acme in its sole and exclusive discretion.

(f) Return Packaging.

To reasonably package Your Device(s) for return shipment to You following completion or cessation of the Services. You acknowledge that Acme may, in its sole discretion, use packaging different from, and not necessarily equivalent in quality to, the original packaging You used to deliver the Device(s) to Acme. The original packaging You used to deliver Device(s) to Acme may be discarded or recycled.

(g) Tender to Carrier.

To deliver or cause the delivery of the Device(s) to a third-party shipping carrier (the “Carrier”) addressed to the return mailing address You most recently specified to Acme in writing, at the time and in the manner permitted by this Agreement.

3. Technician Network.

You acknowledge and agree that Acme Revival is a Colorado-based independent repair provider that provides diagnostic and repair services for Device(s) through its online platform, supporting software, logistics and customer service infrastructure, and a network of technicians and engineers participating in the Acme Revival network. Acme Revival also performs diagnostic and repair services through its in-house repair operations in Colorado.

Acme utilizes a network of independent third-party technicians and repair providers to perform some or all of the Services (the “Technician Network”). Each member of the Technician Network is an independent contractor and is not an employee, partner, joint venturer, or agent of Acme for any purpose, and no member of the Technician Network has authority to bind Acme to any contract, representation, warranty, or obligation, whether oral or written, unless Acme expressly agrees in a separate writing executed by an authorized representative of Acme. You acknowledge and agree that Acme both performs Services through its in-house repair operations in Colorado and facilitates and coordinates Services performed by the Technician Network, and that Acme may assign or subcontract some or all of the Services relating to Your Device(s) to one or more members of the Technician Network that Acme, in its sole discretion, deems appropriate.

Members of the Technician Network may offer opinions, observations, or recommendations regarding the condition of Your Device(s), the source or cause of the Chief Complaint(s), or the feasibility, risks, or likely success of any attempted repair. Any such opinions, observations, or recommendations are solely those of the individual technician or provider, do not necessarily reflect or represent the views, opinions, or positions of Acme, and do not constitute statements or representations of fact, professional engineering analysis, or guarantees of outcome or performance by Acme. You agree that You are not relying on any technician’s statements or opinions as warranties or guarantees from Acme.

Acme may, but is not obligated to, implement screening, onboarding, or other vetting procedures for members of the Technician Network, which may include review of experience, references, or sample work. However, You acknowledge and agree that Acme cannot and does not guarantee or warrant that any member of the Technician Network holds any particular license, certification, or credential, or that any such license, certification, or credential (if any) is current, valid, or applicable to Your Device(s) or jurisdiction; that Acme cannot and does not guarantee the quality, timeliness, or outcome of any work attempted or performed by a member of the Technician Network; and that any vetting or screening Acme undertakes is performed solely for Acme’s internal purposes and does not constitute a representation or warranty to You of any technician’s qualifications, fitness, or suitability.

To the maximum extent permitted by applicable law, You agree that Acme shall not be responsible or liable for any damages, losses, costs, or expenses arising out of or relating to any act or omission of a member of the Technician Network, except to the extent such liability is expressly imposed on Acme by this Agreement or by non-waivable applicable law; that any claim You may have arising out of or relating to the acts or omissions of a member of the Technician Network shall, to the extent permitted by law, be asserted solely against such technician or provider and not against Acme; and that Acme’s aggregate liability, if any, relating in any way to the Services, including those performed by the Technician Network, shall in all events be subject to the limitations of liability and disclaimers set forth in this Agreement. Nothing in this Section 3 is intended to, nor shall it, limit any non-waivable rights or remedies You may have under applicable consumer protection or similar laws.

4. Repair Submission; Flow.

You acknowledge and agree that, in order to request the Services, You must utilize the Website and complete Acme’s online submission process for Device(s) (the “Repair Submission Flow”). As part of the Repair Submission Flow, You will be required to provide certain information about Your Device(s), which may include, without limitation, make, model, manufacturer, approximate age, original manufacturer’s suggested retail price (“MSRP”), the Chief Complaint(s) or other defect information, and certain personal and contact information, together with any other fields Acme may reasonably require from time to time. You represent and warrant that all information You provide during the Repair Submission Flow is true, accurate, and complete to the best of Your knowledge, and You acknowledge that Acme and/or the Technician Network will rely on such information in determining whether and how to attempt to diagnose or repair Your Device(s). Before completing the Repair Submission Flow, You must affirmatively accept the linked Terms using the agreement checkbox or equivalent express acceptance control. Acme may retain electronic records identifying Your acceptance and the version accepted.

During the Repair Submission Flow, You will be shown the Flat-Rate Labor Amount before sending the Device(s). By completing the Repair Submission Flow and shipping the Device(s), You agree to the pre-quoted labor pricing and payment requirements of Sections 2(d) and 8. The Flat-Rate Labor Amount becomes payable when the Device(s) is (are) checked in, as reflected in the Service Detail. Submission does not guarantee a successful repair or authorize opening the package or beginning evaluation or repair before payment.

You may decline any required Parts Quotation. If You request return of the Device(s) before paying the Flat-Rate Labor Amount, You must pay the applicable Return Shipping and Repair Network Fee as provided in Section 12.3.

As part of the Repair Submission Flow, Acme’s systems and personnel will, in Acme’s sole discretion, assign Your repair request and Device(s) to its in-house repair operations in Colorado or one or more members of the Technician Network that Acme deems appropriate based on a broad range of factors, which may include, without limitation, the nature of the Chief Complaint(s), Device type, technician skills and experience, historical performance, geography, workload, and capacity. By participating in the Repair Submission Flow, You expressly authorize Acme to assign Your Device(s) to any such technician. You acknowledge and agree that the assignment of a technician or the issuance of a Quotation does not constitute a guarantee that the Device(s) will be repaired or restored to any particular condition.

As part of the Repair Submission Flow, Acme may invite You to provide non-binding information regarding any budgetary preferences or cost sensitivities You may have with respect to the Services (a “Budget Indication”). You acknowledge and agree that any Budget Indication is provided solely for informational purposes and does not constitute a maximum price, price cap, estimate, or commitment by Acme. Acme may, but is not obligated to, consider a Budget Indication in determining whether to proceed with the Services, in assigning Your Device(s) to a member of the Technician Network whose experience or service approach may be suitable for such Budget Indication, or, before submission is completed, in deciding whether to offer Services for the Device(s). Any Quotation ultimately presented to You is determined in Acme’s sole discretion and may be higher, lower, or unrelated to any Budget Indication You provide.

In connection with the Repair Submission Flow, Acme may provide You with certain address or contact information for the assigned technician solely for the limited purpose of enabling You to ship Your Device(s) to that technician and receive return shipment. You agree that any such address or contact information constitutes confidential information of Acme and/or the technician and shall be used solely for purposes contemplated by this Agreement. You shall not disclose, publish, post, or otherwise make such information available to any third party. Acme and its technicians do not provide on-site service. All Device(s) must be shipped to the address assigned by Acme; walk-ins, drop-offs, and in-person collections are not accepted. Most network technicians operate from private residences or non-public workspaces that are not suitable for in-person visits, and You shall not personally appear at such premises.

You further agree that You shall not, directly or indirectly, circumvent Acme by using any information obtained through the Repair Submission Flow, the Website, or the Services to solicit, engage, or contract with any member of the Technician Network for diagnostic or repair services outside of the Acme platform with respect to any Device(s) or related services initially introduced, referred, or facilitated by Acme. Without limiting any other rights or remedies available to Acme under this Agreement or at law or in equity, Acme shall be entitled to seek injunctive relief and to recover damages (including, where permitted by law, lost fees or commissions) arising from any breach of this non-circumvention obligation.

5. Service Detail (Dashboard).

Following completion of the Repair Submission Flow, Acme will email You a unique URL providing access to the live information and records for Your repair (each, a “Service Detail”). Customers do not log in to an account; access is through the unique Service Detail URL. In the event that You provide multiple Device(s) to Acme, Acme may elect, in its sole discretion, to provide You with multiple Service Details or a single Service Detail covering some or all of such Device(s). The applicable Service Detail is the primary portal of communication between You and Acme regarding the Services and contains repair status, payment status, updates, Quotations, and any published Buyout Offers. As applicable to the stage of service, it provides a repair log from arrival through shipment; an accessible diagnostic summary describing identified issues and work performed; a billing receipt consolidating fees and identifying the payment method; shipment tracking links and delivery progress; and warranty, disclaimer, and repair authorization notices. Each Service Detail includes an “Actions” tab for available self-service functions. Each option appears only when applicable, including receipt access after payment and Buyout Offer actions only after an offer is published.

Each Service Detail link is dynamically generated and includes a unique, high-entropy identifier or security passcode intended to make the URL extremely difficult for unauthorized persons to guess through ordinary means. By way of illustration only, under Acme’s current URL scheme and reasonable assumptions about randomness, an unauthorized party attempting to discover a Service Detail link solely by random guessing would, on average, be expected to require on the order of 1.9 × 10⁴³ distinct guesses; even if such a party were able to make one trillion (1,000,000,000,000) guesses per second, this would correspond to approximately 600,000,000,000,000,000,000,000 (six hundred sextillion) years of continuous effort. You acknowledge and agree that these figures are theoretical and illustrative in nature, do not account for other potential attack vectors (such as compromise of Your email account or device), and do not constitute a guarantee of absolute security. The Service Detail URL is technically accessible to any person who possesses the link and is not otherwise protected by a separate user name, password, or multi-factor authentication mechanism. Accordingly, You agree to treat each Service Detail URL as confidential, to refrain from sharing or disclosing such URL to any person or entity who is not authorized to view the corresponding information, and to take reasonable precautions to prevent unauthorized access to such URL (including by exercising care when accessing the link on shared or public devices). To the maximum extent permitted by law, Acme shall not be responsible or liable for any access to or use of a Service Detail by any third party that occurs as a result of Your sharing, forwarding, exposing, or failing to safeguard the applicable URL, or as a result of unauthorized access to Your email account, device, or systems.

The Service Detail(s) may, from time to time, display pertinent information or important notices about upcoming payment deadlines, the imposition of fees, warnings, and other matters relevant to the Services or to amounts that may become due under this Agreement. Because Acme does not affirmatively restrict Your ability to access the Service Detail(s) 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 to or view 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 agree that You are solely responsible for regularly reviewing the Service Detail(s) to ascertain whether there have been any updates, notices, warnings, or other additional information, and for taking all necessary actions (including maintaining appropriate Internet access, hardware, software, and credentials) to be able to access the Service Detail(s).

Except for the Service Detail access email and payment reminders expressly required by Sections 5 and 11, Acme may, in its discretion, provide You with courtesy emails mirroring or explaining the same information, notices, and warnings that are displayed on the Service Detail(s). Subject to non-waivable applicable law, under no circumstances shall Acme be required to ensure that any such emails are actually received or read by You, are not blocked or filtered by any third party, or are delivered to any particular folder or location within Your email system. So long as Acme sends any such email to the email address You initially provided (or to any replacement email address that You subsequently instruct Acme in writing to use instead), 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 emails from Acme and that such emails are not blocked, filtered, or otherwise diverted. You hereby consent to receive emails from Acme at whatever frequency Acme deems reasonably necessary or appropriate in connection with the Services and the Service Detail(s).

In some cases, users may elect to delete or disable access to a Service Detail in order to cease receiving future email notifications or reminders associated with that Service Detail. You acknowledge and agree that any such deletion, disabling, or failure to access or review the Service Detail(s) shall not relieve You of any obligations under this Agreement, shall not affect the effectiveness of any notices or warnings posted to the Service Detail(s), and shall not constitute a defense to the non-payment of any amounts properly due to Acme.

6. Inbound Shipping; Delivery.

You are solely responsible for arranging, purchasing, and coordinating shipment of Your Device(s), including creating and purchasing the inbound shipping label, to the address provided by Acme at the time You complete the Repair Submission Flow. That address may be Acme’s in-house repair operations in Colorado or the assigned member of the Technician Network. Except for a warranty-evaluation label provided under Section 13.2, Acme shall have no obligation to reimburse, credit, or otherwise compensate You for inbound shipping costs. You may not provide Your own return-shipping label; return shipment is governed by Section 12. Acme does not accept Device(s) weighing more than one hundred (100) pounds or shipments whose packed shipping container exceeds ninety-four (94) total dimensional inches, calculated by adding its outside length, width, and height.

You are solely responsible for ensuring that any shipment of Device(s) to Acme or to a member of the Technician Network complies with all applicable laws, regulations, and governmental requirements (including, without limitation, those relating to hazardous materials, export controls, and biohazards), as well as with all applicable carrier tariffs, restrictions, and shipping requirements. Acme recommends that You utilize a nationally recognized United States-based shipping carrier that provides end-to-end digital tracking capabilities for Your shipment. You acknowledge that shipping involves inherent risks, including, without limitation, the risk of damage, loss, theft, delay, mishandling, and misdelivery. To the maximum extent permitted by law, You agree that You shall bear all risk of loss and all liability for any damage, loss, theft, or other harm to the Device(s) occurring at any time prior to the Device(s) being physically received and logged as received by Acme or by the assigned member of the Technician Network, as reflected in Acme’s internal records. Acme’s insurance does not cover, and Acme shall not be responsible or liable for, any damage, loss, or theft of Device(s) while in transit to Acme or to any member of the Technician Network. In the event a claim is required to be filed with the carrier relating to inbound shipment, You shall be solely responsible for initiating, pursuing, and resolving such claim, and Acme shall have no obligation to facilitate or administer any such claim, though Acme may, in its discretion and without obligation, provide limited documentation or cooperation.

You are required to clearly label the exterior of each shipping container and/or the shipping label itself with the unique reference number, order number, or other identifier provided to You as part of the Repair Submission Flow. If You fail to adequately label Your package in accordance with Acme’s instructions, You acknowledge that such failure may result in delays in processing, difficulty associating the shipment with Your Service Detail, or, in some cases, misrouting or loss of the Device(s), and You agree that Acme shall not be responsible or liable for any such delays, misrouting, or losses to the extent arising from or related to Your failure to properly label the shipment.

You are solely responsible for packaging the Device(s) in a manner that is reasonably adequate to protect the Device(s) from damage during shipment to Acme and during return shipment from Acme or from the Technician Network. Acme strongly recommends that You use a new or structurally sound double-walled corrugated shipping carton with a minimum 275 lb. edge crush test (ECT) rating, together with sufficient internal cushioning, void fill, and protective materials to prevent movement of the Device(s) and to provide reasonable protection against shocks, drops, and compressive forces. You should ensure that any shipping container, cushioning, and packaging materials You use are capable of accommodating not only the trip to Acme or to the Technician Network, but also the anticipated return trip back to You. While Acme and/or the assigned technician may attempt to reuse Your original packaging where feasible, You acknowledge and agree that Acme and/or the technician may, in their sole discretion, discard, recycle, or repurpose any or all of the original packaging and materials in which the Device(s) arrived, and Acme cannot and does not guarantee that Your Device(s) will be returned in the same packaging or with the same materials You originally used.

You are encouraged to maintain a photographic inventory of the Device(s) and any accessories, components, or other items included within the shipping container (such as power supplies, cables, manuals, accessories, or peripherals) at the time of shipment, and to retain copies of all shipping receipts, tracking numbers, and related documentation. Such records may assist You in the event of any discrepancy, dispute, or claim relating to the contents of the shipment, and You acknowledge that Acme may reasonably rely on its own intake records and documentation where disputes arise.

All Device(s) and equipment sent to any Acme facility or to any member of the Technician Network must meet certain health, safety, and sanitation requirements to ensure a safe and healthy working environment for Acme’s and the technicians’ personnel. Without limiting the generality of the foregoing, You agree to comply with all of the following requirements before shipping any Device(s):

• Proper Sanitization. Prior to shipment, all Device(s) must be thoroughly cleaned and sanitized to reduce or eliminate potential biohazard risks. Any Device that, in Acme’s sole and exclusive discretion, appears not to have been properly sanitized may be refused and returned to sender (or otherwise handled or disposed of in a safe and lawful manner) without any liability to Acme. It is Your responsibility to ensure that the Device(s) is (are) free from harmful bacteria, viruses, or other pathogens.

• Fluid Drainage. All Device(s) must be drained of any and all fluids, including, without limitation, blood, other bodily fluids, cleaning solutions, lubricants, and other liquids, prior to shipment to prevent biohazard risks or leakage during handling and inspection. Any Device that, in Acme’s sole and exclusive discretion, appears to contain fluids may be refused and returned to sender (or otherwise handled or disposed of in a safe and lawful manner) without any liability to Acme. It is Your responsibility to ensure that the Device(s) is (are) free from fluids.

• Hazardous Materials. All hazardous materials, chemicals, or other potential hazards associated with the Device(s) (collectively, “Hazards”) must be properly labeled, identified, and, where applicable, packaged in accordance with all applicable laws and regulations. Acme reserves the right to take any precautions it deems necessary to ensure the safety of its and its agents’ personnel when handling such equipment. Any Device that, in Acme’s sole and exclusive discretion, appears to contain Hazards that are not properly labeled, identified, or packaged may be refused and returned to sender (or otherwise handled or disposed of in a safe and lawful manner) without any liability to Acme. It is Your responsibility to ensure that all Hazards are properly labeled, identified, and packaged.

• Special Handling Requirements. You are responsible for providing Acme with any relevant information regarding the Device(s), including, without limitation, the type of device, its intended use, and any special handling, storage, or safety requirements. Any failure by You to communicate such special handling requirements may result, in Acme’s sole and exclusive discretion, in the Device(s) being refused and returned to sender (or otherwise handled or disposed of in a safe and lawful manner) without any liability to Acme. Acme shall not be liable for any damage to the Device(s) arising from or relating to Your failure to disclose special handling requirements.

IN THE EVENT YOU FAIL TO ADHERE TO THE REQUIREMENTS OF THIS SECTION, ACME MAY ELECT TO CHARGE YOU A SANITATION FEE OF ONE HUNDRED U.S. DOLLARS (US $100.00) PER DEVICE. FURTHERMORE, YOU SHALL BE LIABLE FOR ANY AND ALL DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES AND CONSEQUENTIAL DAMAGES, INCURRED OR SUFFERED BY ACME OR ITS AGENTS ARISING OUT OF OR RELATING TO YOUR FAILURE TO ADHERE TO THE REQUIREMENTS OF THIS SECTION.

For Your convenience, below is a non-exhaustive list of materials and conditions that Acme will not handle unless properly labeled, contained, and identified at the time of delivery to Acme or to a member of the Technician Network:

• Blood or other bodily fluids, including those derived from animals

• Chemical reagents or solvents

• Radioactive materials

• Corrosive or flammable liquids (including gasoline, oil, or other fluids)

• Biological agents or toxins

• Hazardous compounds, gases, or vapors released at the 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

• Blades, razors, or other sharp utensils that could pose a hazard

• Broken or shattered glass

Acme strongly recommends that You review the then-current “prohibited and restricted items” lists and shipping conditions of any carrier You select (for example, the list of prohibited and restricted items published by UPS or other major carriers). To the maximum extent permitted by law, Acme shall not be liable to You for any shipping delays, returns, or refusals resulting from any carrier’s decision to refuse, delay, or condition the shipment of any Device(s) to Acme or to a member of the Technician Network.

Acme is generally able to accept Device(s) shipped from locations outside the United States; however, You are solely responsible for complying with all applicable export, import, customs, and tax laws and regulations in any relevant jurisdiction, and for paying any and all customs duties, import or export taxes, value-added taxes (VAT), brokerage fees, tariffs, surcharges, and other governmental charges or fees associated with the shipment of Device(s) to Acme or to any member of the Technician Network and with the return shipment of Device(s) to You. You are solely responsible for properly labeling, declaring, and describing the contents of any international shipment, including completing and providing any required carrier or governmental paperwork (such as commercial invoices, customs declarations, and any required permits or licenses) accurately and in full. Acme will not act as the “importer of record” or “exporter of record” for Your Device(s), will not advance or pay customs duties, taxes, or related fees on Your behalf, and shall have no obligation to clear any shipment through customs. Any refusal, delay, seizure, or return of Device(s) by customs or a carrier, and any associated costs, penalties, or charges, shall be solely Your responsibility, and Acme shall not be liable for any resulting delays, losses, or inability to perform the Services. Acme-arranged international return shipping is subject to a custom quotation under Section 12.1 and may exceed US $100.00; the domestic return-shipping cap does not apply.

7. Risks of Repair; Economic Considerations.

Any form of diagnostic or repair activity carries inherent risks. Repair activities can be complex, invasive, and unpredictable, and may involve unknown or latent conditions that could result in additional defects, diminished functionality, or further damage to the Device(s). By submitting Your Device(s) for the Services, You expressly acknowledge and accept these inherent, unavoidable risks.

No initial triage, diagnostic, or repair work may occur before Acme receives the full Flat-Rate Labor Amount and any other applicable fees. After payment, You acknowledge and agree that diagnostic and repair procedures inherently overlap. Certain diagnostic steps may require limited repair actions, and certain repair actions may involve diagnostic testing. As a result, Acme and/or the assigned technician may not always be able to clearly separate diagnostic activity from repair activity, and some degree of risk may be incurred before the ultimate feasibility or outcome of a repair can be fully determined.

Repair presents inherent risks to Your Device(s), including, without limitation:

• loss, corruption, or erasure of data, files, or stored information;

• damage resulting from opening, disassembly, or attempted disassembly of the Device(s);

• damage to screws, bolts, rivets, housings, seals, or other fasteners;

• damage to circuit boards or electronic components due to electrical surges, probing, testing activities, heat, or latent defects unknown to the technician;

• erasure, corruption, or malfunction of operating systems, firmware, software, or configurations;

• loss, corruption, or exposure of patient information, health records, or other sensitive data;

• loss or corruption of account information, profiles, presets, calibrations, or device settings.

At times, an attempt to repair one defect may worsen an existing issue or create a new defect. This is a known and accepted risk of repair. While technicians may make commercially reasonable efforts to mitigate or remedy such effects, You acknowledge and agree that neither Acme nor any member of the Technician Network shall be responsible or liable for damage, loss, or diminished functionality resulting from attempted repairs, except to the limited extent expressly required by non-waivable applicable law or an express warranty set forth in this Agreement.

7.1 Economic and Practical Considerations of Repair.

You further acknowledge and agree that repair may not necessarily be the most practical or economically advantageous option for a given Device. The costs associated with repair—including, without limitation, labor, parts, shipping, taxes, fees, downtime, risk of unsuccessful repair, loss of data, or subsequent failure—may equal or exceed the fair market value, replacement value, or post-repair value of the Device(s).

Any quotation presented by Acme may, in some circumstances, exceed what You personally consider to be the fair market value of the Device(s) after repair. You acknowledge that this is an important consideration and that it is solely Your responsibility to evaluate whether accepting a Quotation is economically reasonable for Your particular circumstances before authorizing any repair.

The benefits of repair may be outweighed by direct, indirect, incidental, consequential, or opportunity costs associated with the repair process. You expressly agree that Acme does not, and will not, evaluate or advise on the economic prudence, cost-effectiveness, or financial advisability of repairing any Device(s). Acme makes no representation or warranty that repair is a better financial option than replacement, resale, disposal, or non-repair.

It is solely Your responsibility to assess and understand the economic, practical, and financial implications of proceeding with repair, including weighing the potential benefits against the risks and costs, before accepting any Quotation or otherwise authorizing the Services. Acme shall not be deemed to have made, and expressly disclaims, any opinion, recommendation, or assurance regarding whether repair “makes sense” from a financial or practical perspective.

7.2 Protected Health Information (PHI).

You should not submit Device(s) containing protected health information (“PHI”) unless a HIPAA Business Associate Agreement (“BAA”) has been executed between You and Acme prior to shipment. Acme and the Technician Network shall not be responsible or liable for any incidental exposure, disclosure, or loss of PHI or other sensitive data in the absence of a valid, executed BAA. For the avoidance of doubt, this Agreement does not constitute a Business Associate Agreement, and no Business Associate relationship is created unless and until a separate written BAA is executed by both Parties.

7.3 Storage Conditions.

While awaiting repair, return shipment, or other disposition under this Agreement (excluding Device(s) deemed abandoned), Acme will store Device(s) in a physically secure, indoor environment intended to protect against extreme temperatures, water exposure, excessive heat, cold, or humidity. However, You acknowledge that storage does not eliminate all risk of degradation, deterioration, or failure inherent in the Device(s) themselves.

8. Payment; Accepted Forms of Payment.

Acme provides the Services in exchange for payment under the terms of this Agreement. All amounts are denominated in U.S. dollars (USD). You acknowledge and agree that payment obligations arise only as expressly described in this Agreement and as reflected in the applicable Service Detail.

8.1 Service Detail; Prepayment; Amounts Due; “Pay By” Date.

Your Service Detail serves as the authoritative record of all amounts due (if any), applicable deadlines, and payment status for Your Device(s).

Flat-Rate Labor Prepayment and Parts Approval.

The full Flat-Rate Labor Amount and the US $49.00 Repair Network Fee together constitute the initial balance. Both amounts are payable upon check-in of Your Device(s) as shown in the Service Detail and must be received no later than fifteen (15) calendar days after that check-in date. Acme shall not open the package or perform any IDE, disposition report, bench work, tracing, testing, or repair work before receiving the full Flat-Rate Labor Amount in good funds. The fifteen-day payment period does not authorize any work before payment. A separate Parts Quotation requires Your approval and payment under Section 2(d).

Payment Obligation.

A separate, non-refundable Repair Network Fee of forty-nine U.S. dollars (US $49.00) applies to every repair Service Detail, whether the Services are assigned to Acme’s in-house operations or the Technician Network. The Repair Network Fee is in addition to the Flat-Rate Labor Amount and must be paid with the initial amount due after check-in or, if You request return without paying for labor, before the Device(s) is (are) returned. All amounts properly due must be paid in full before return shipment, subject to application of prepaid funds and cancellation of unpaid parts charges under Section 12.3. Any later Parts Quotation will identify the applicable amount in the Service Detail, but no fixed approval or payment deadline applies to that quotation. Payment is required before the quoted items are purchased or installed. If the parts remain unapproved or unpaid, Acme may end the repair process and return the Device(s) under Section 12.3 instead of continuing to hold the Device(s) for payment.

For clarity:

• The Flat-Rate Labor Amount covers labor only, including the IDE, repair work, and testing. It does not include replacement parts, assemblies, components, the Repair Network Fee, or Return Shipping.

• The Repair Network Fee and applicable Return Shipping remain payable regardless of repair outcome, including when required parts are declined or the Device(s) is (are) returned without evaluation or repair.

• Return Shipping is included in the total service cost for a successful repair or retained from eligible prepaid amounts when a refund applies, in accordance with Sections 12 and 15. It is not separately itemized as a shipping line item.

If the initial balance remains unpaid at the end of the fifteenth (15th) calendar day after check-in, the Service Detail status will change to “Unclaimed Device Pending.” Continued nonpayment through the thirtieth (30th) calendar day after check-in may result in abandonment under Section 11, subject to its non-waivable-law provisions.

8.2 Accepted Forms of Payment.

Acme primarily serves business customers and uses vendor billing systems. Acme does not accept purchase orders as payment, credit-based NET terms, cash, credit or debit cards, money orders, IOUs, or payment methods not expressly made available through the Service Detail or Acme’s Vendor Details PDF. Vendor onboarding or billing procedures do not extend payment deadlines or waive prepayment requirements. Available payment methods may be accessed through the “Pay Now” button or equivalent payment mechanism displayed in the Service Detail.

Acme retains sole and exclusive discretion to determine which payment methods are accepted at any given time, which may include credit card, debit card, ACH bank debit, personal check, or cashier’s check. Customers may also make wire transfers using the SWIFT routing instructions in Acme’s Vendor Details PDF. It shall not be a defense to nonpayment that a particular payment method was not offered.

8.3 Full Payment Required; No Partial Payments.

Acme does not accept partial payments. All payments must be made in the full amount reflected as due in the Service Detail at the time of payment. Prepayment is required before any evaluation or repair work begins, and all amounts due must be received in good funds before the Device(s) is (are) shipped back to You. Acme does not accept Device(s) as payment or credit under any circumstance and cannot be compelled to do so.

8.4 When Payment Is Deemed Received.

Payment shall be deemed tendered only when Acme actually receives good funds, whether by confirmed electronic transaction, cleared deposit, or other verified receipt—not when payment is initiated or sent. You are solely responsible for ensuring that payment is properly submitted, delivered, and received by Acme by the applicable Pay By date.

8.5 Third-Party Payment Processors.

Acme may utilize one or more third-party service providers and payment processors to facilitate payment transactions. All such transactions are subject to the terms, conditions, and privacy policies of the applicable processor and Your financial institution. Acme will receive and use transaction information in accordance with Acme’s Privacy Policy.

8.6 Chargebacks; Payment Disputes.

You agree not to initiate any chargeback, dispute, or payment reversal through Your financial institution regarding the Services, refunds, warranties, or any matter arising under this Agreement without Acme’s express written consent.

Initiating an unauthorized chargeback constitutes a material breach of this Agreement. Upon such breach, Acme may suspend Services and support—including repair activity, return shipment (to the extent legally and operationally permissible), and communications—until the dispute is resolved.

9. Repair Outcomes.

Acme Revival does not guarantee, warrant, or otherwise assure any particular repair result. All repairs involve inherent uncertainty, and Acme Revival cannot guarantee that any Device will be restored to full functionality or improved in any measurable way. Upon completion of repair services, a Repair Outcome will generally be published to your Service Detail indicating whether the repair was successful, partially successful, or unsuccessful; however, Acme makes no representation that a Repair Outcome will be available immediately upon completion. In the event of a successful repair outcome, Acme’s warranty procedures, as described later in this Agreement, will apply. In the event of a partial or complete repair failure, the repair fees will be refunded in accordance with Acme’s refund procedures set forth in Section 15 (Refunds) of this Agreement.

10. Buyout Offer; Device Sale Alternative.

After Your Device(s) has (have) been physically received by Acme or by an assigned member of the Technician Network, Acme may, in its sole discretion, elect to offer to purchase such Device(s) from You in its (their) then-existing, unprepared, “as-is” condition (a “Buyout Offer”). Any Buyout Offer will be presented to You as a fixed sum, denominated in U.S. dollars (USD), and will typically be displayed within the applicable Service Detail. Acme shall have no obligation to make a Buyout Offer with respect to any Device(s), and may withdraw or modify any Buyout Offer at any time prior to Your acceptance as reflected in Acme’s records.

Any Buyout Offer is a fixed, non-negotiable amount based on Acme’s internal valuation methodologies and business judgment. The Buyout Offer amount is not subject to negotiation or counter-offer, and Acme makes no representation that the Buyout Offer reflects fair market value, replacement value, or any particular appraisal methodology. By accepting a Buyout Offer, You acknowledge and agree that the amount offered is satisfactory consideration for the Device(s), that You have had an adequate opportunity to consider the Buyout Offer, and that You are not relying on any statement, representation, or promise by Acme regarding the value, future value, or marketability of the Device(s) beyond what is expressly set forth in the Buyout Offer as displayed to You.

If You accept a Buyout Offer in the manner specified by Acme through the Service Detail or other written confirmation mechanism (which may include clicking an acceptance button or providing written consent through Acme’s designated communication channels), then, effective upon Acme’s receipt of such acceptance, You irrevocably agree to sell, assign, transfer, and convey to Acme all right, title, and interest in and to the Device(s) identified in the Buyout Offer, free and clear of all liens, claims, encumbrances, and third-party interests of any kind, in exchange for payment of the Buyout Offer amount. Upon such acceptance, the sale shall be final and irrevocable; You shall have no right to cancel, rescind, or unwind the transaction, and You shall have no right to require Acme to return or re-transfer the Device(s) in exchange for repayment of the Buyout Offer amount or otherwise, except to the extent any non-waivable right of rescission is granted by applicable law.

By accepting a Buyout Offer, You represent and warrant to Acme that: (a) You are the lawful owner of the Device(s) and have full right, power, and authority to sell the Device(s) to Acme; (b) the Device(s) are not stolen and are not subject to any security interest, lease, lien, or other encumbrance; and (c) no other person or entity has any ownership or superior right, title, or interest in the Device(s). You agree to indemnify, defend, and hold harmless Acme and its affiliates from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of the foregoing representations and warranties, including, without limitation, any claim by a third party or law enforcement agency that the Device(s) was (were) lost, stolen, or otherwise wrongfully transferred.

Following Your acceptance of a Buyout Offer, Acme will retain the Device(s) and will issue payment of the Buyout Offer amount to You, typically in the form of a physical check mailed via United States Postal Service (USPS) First-Class Mail, usually within thirty (30) days after Acme’s processing of the sale; provided, however, that by accepting the Buyout Offer, You acknowledge and agree that Acme shall have up to ninety (90) days from the date of Your acceptance to issue such payment. Unless otherwise agreed by Acme in writing, payment shall be issued to the name and mailing address reflected in the applicable Service Detail at the time the payment is processed. You are solely responsible for ensuring that the name and mailing address associated with Your Service Detail are accurate, current, and capable of receiving mail, and for promptly updating such information if it changes. Acme shall not be responsible or liable for any delay, misdelivery, or non-receipt of payment resulting from Your failure to maintain accurate contact or mailing information.

The sale of the Device(s) to Acme pursuant to a Buyout Offer is separate and distinct from any repair services that may otherwise be available under this Agreement. Upon Your acceptance of a Buyout Offer with respect to any Device(s), any pending or future attempt by Acme or the Technician Network to repair such Device(s) shall automatically terminate as to those Device(s), and You shall not be entitled to any repair services, return shipment, or other performance with respect to such Device(s), except for payment of the Buyout Offer amount in accordance with this Section 10 and Acme’s applicable payment procedures. To the extent any amounts (such as pre-paid repair charges or other fees) are eligible for refund under Acme’s then-current refund policy in connection with such Device(s), any such eligibility shall be determined and processed in accordance with that policy.

By accepting a Buyout Offer, You acknowledge and agree that any data, files, documents, configurations, software, and other digital content stored on or accessible through the Device(s) may be irretrievably lost, erased, overwritten, or rendered inaccessible, and that Acme has no obligation to preserve, back up, extract, recover, or provide to You any such data or content either before or after the sale. You understand and agree that Acme will not undertake, and has no obligation to undertake, any effort to retrieve, copy, or return data, files, documents, or other digital media from the Device(s) after the sale is completed, and that Acme will not cooperate in any such retrieval request, except to the limited extent required by non-waivable applicable law.

You further acknowledge and agree that, by selling the Device(s) to Acme pursuant to a Buyout Offer, You are selling all hardware, licensed software/firmware/operating system, components, and accessories included in the shipment and associated with that Device(s), including without limitation any original manufacturer packaging, retail boxes, carrying or travel cases, power supplies, cables, adapters, mounts, and other ancillary items that accompanied the Device(s) on arrival. Acme shall have no obligation to separate or return any such individual items to You, and shall have the right, in its sole discretion, to disassemble, refurbish, resell, recycle, or otherwise dispose of the Device(s) and any included accessories or packaging in any lawful manner, and Acme shall have no obligation to disclose the ultimate disposition of the Device(s) to You.

You are solely responsible for any taxes, duties, or governmental charges that may arise from or be associated with the Buyout Offer and the sale of the Device(s), including, without limitation, any income, gains, or sales taxes imposed on You under applicable law. Acme may, where required by law, condition payment of the Buyout Offer amount on Your completion of certain tax or identity forms (such as an IRS Form W-9 or W-8 series form) and may delay or withhold payment to the extent required by applicable law, including any applicable withholding or reporting obligations.

To the maximum extent permitted by law, Your acceptance of a Buyout Offer and Acme’s issuance of payment in the Buyout Offer amount shall constitute full and final settlement of all claims You may have against Acme relating to the Device(s) and the Services with respect to such Device(s), except as otherwise expressly provided in this Agreement or required by non-waivable applicable law.

11. Unclaimed Device Proceedings; Abandonment

Acme’s and the Technician Network’s premises are intended solely for the temporary receipt, handling, and processing of Device(s) in connection with the Services, and are not intended or operated as long-term storage locations or de facto disposal sites for customer property. Acme expects and requires that customers act in good faith to (a) review Quotations presented in the Service Detail, subject to the absence of a fixed approval or payment deadline for Parts Quotations under Section 2(d), (b) timely pay all amounts properly due under this Agreement by the applicable “Pay By” date, and (c) timely retrieve or authorize return shipment of Device(s) in accordance with this Agreement.

11.1 Initial Payment Period; Check-In Date.

For purposes of the initial payment and abandonment deadlines in this Section 11, the controlling date is the date Your Device(s) is (are) received and checked in by Acme or the assigned technician, as recorded in the Service Detail (the “Check-In Date”). The initial balance is due no later than fifteen (15) calendar days after the Check-In Date. These deadlines do not run from publication of the pre-arrival labor quote or a later Parts Quotation. Before payment of the full Flat-Rate Labor Amount, the package shall remain unopened and no evaluation or repair work shall be performed. You may instead request return without evaluation or repair by paying the Return Shipping and Repair Network Fee in accordance with Section 12.3. Once the initial balance has been paid, failure to approve or pay a later Parts Quotation does not trigger the Day 15 or Day 30 abandonment process. Such Device(s) will instead be handled under Section 12.3 if Acme elects to end the repair process.

11.2 Day Fifteen; Unclaimed Device Pending.

If the initial balance remains unpaid at the end of the fifteenth (15th) calendar day after the Check-In Date, Acme will change the Service Detail status to “Unclaimed Device Pending.” You will have an additional fifteen (15) calendar days to pay the initial balance or, if You request return without evaluation or repair, the amounts required under Section 12.3. No Unclaimed Device Proceedings fee will be assessed.

11.3 Payment Reminders.

While the initial balance remains unpaid, Acme will send payment-reminder emails to the email address associated with Your Service Detail during the period from Day 15 through Day 30 after the Check-In Date. The Service Detail will show the payment status and pending abandonment information. Notice requirements are further addressed in Section 11.7.

11.4 Day Thirty; Abandonment.

If the required payment has not been received by the end of the thirtieth (30th) calendar day after the Check-In Date (the “Abandonment Date”), then, subject to Section 11.9, the Device(s) will be deemed abandoned and may no longer be reclaimed. Upon abandonment, Acme will remove and waive the outstanding balance relating to that Service Detail. The repair service relationship for those Device(s) will end, subject to the provisions that survive under Section 32.

11.5 Possessory Lien; Security Interest.

From the time the Device(s) is (are) received by Acme or the assigned technician and until the earlier of: (a) Acme’s receipt in good funds of payment in full of all amounts properly due under this Agreement with respect to such Device(s), or (b) the Device(s) being deemed abandoned and the outstanding balance being waived in accordance with this Section 11, Acme shall have, and You hereby grant to Acme, a possessory lien and security interest in and to the Device(s), together with any accessories, packaging, and other property shipped with the Device(s), to secure the payment of all amounts owed to Acme under this Agreement, including the Flat-Rate Labor Amount, approved parts charges, applicable non-refundable fees, Return Shipping, and applicable taxes and other fees. If You request return before paying for labor, the amounts required for release are those specified in Section 12.3. Acme will not be obligated to release or return the Device(s) until it has received payment in full in good funds of the applicable amounts, and Acme may, in its discretion, retain possession for a reasonable period after receiving payment to confirm that the payment has cleared and is not subject to reversal or chargeback.

11.6 Disposition of Abandoned Device(s).

If the required payment is not received by the Abandonment Date, then, to the maximum extent permitted by law and subject to Section 11.9, You shall be deemed to have intentionally and voluntarily abandoned the Device(s) and relinquished Your rights, title, and interest therein. As of the Abandonment Date, or such later date as non-waivable applicable law requires, You authorize Acme, in its sole discretion, to retain, dismantle, refurbish, resell, donate, recycle, scrap, or otherwise dispose of the Device(s) and associated accessories, packaging, and other property in a lawful manner. To the extent permitted by law, Acme shall have no obligation to account to You for proceeds or value derived from that disposition. All outstanding amounts relating to the Service Detail shall be waived upon abandonment, and You shall not remain liable for any deficiency relating to that balance.

11.7 Notice; Service Detail Controls.

Before treating Device(s) as abandoned, Acme will post notices of the outstanding balance, payment deadline, and pending abandonment on the applicable Service Detail and send the payment-reminder emails described in Section 11.3. The notice and constructive-knowledge provisions of Section 5 apply, subject to Section 11.9. Your failure to review the Service Detail or receive or read a reminder does not extend the contractual payment deadlines or prevent abandonment, except to the extent non-waivable applicable law requires otherwise. These notices do not replace any additional notice or procedure required by such law.

11.8 Data; No Duty to Preserve After Abandonment.

You acknowledge and agree that once Device(s) have been deemed abandoned in accordance with this Section 11, Acme has no obligation to return the Device(s) to You, to preserve or safeguard any data, configurations, or digital content stored on or accessible through the Device(s), or to cooperate in any effort to retrieve or recover such data or content. To the maximum extent permitted by law, You waive and release any and all claims against Acme arising out of or relating to Acme’s retention, use, sale, donation, recycling, scrapping, or other disposition of abandoned Device(s) and any associated data, accessories, or packaging, except to the extent expressly prohibited by non-waivable applicable law.

11.9 Non-Waivable Law.

Nothing in this Section 11 is intended to limit any rights You may have, or any procedures Acme must follow, under any non-waivable applicable state, federal, or foreign laws governing the disposition of unclaimed or abandoned property, repairman’s or warehouseman’s liens, or similar doctrines. To the extent any such laws impose additional notice, waiting periods, or sale procedures that cannot be waived by contract, Acme will comply with such requirements, and the timelines and remedies described in this Section 11 shall be deemed modified as necessary solely to the extent required to comply with such laws.

12. Outbound (Return) Shipping

12.1 Return Shipping Fee; When Charged.

You are responsible for the applicable outbound return-shipping charge (“Return Shipping”) regardless of repair outcome, including successful, unsuccessful, or partially successful repairs, declined Parts Quotations, and return without evaluation or repair. For domestic return shipments within the United States, Return Shipping is thirty-five U.S. dollars (US $35.00) per package with a UPS billable weight of up to sixteen (16) pounds. Above sixteen (16) pounds, an additional five U.S. dollars (US $5.00) applies for each additional five (5) pounds or portion thereof, subject to a maximum Return Shipping charge of one hundred U.S. dollars (US $100.00) per package. UPS billable weight is the greater of the package’s actual weight or dimensional weight, as determined under UPS’s applicable calculation. International return shipments are subject to a custom shipping quotation posted to the Service Detail for Your approval before shipment. The domestic rate schedule and US $100.00 maximum do not apply to international return shipments, and an international quotation may exceed US $100.00. An approved international shipping charge may be included in the service total or retained from eligible prepaid amounts; any shortfall must be paid before shipment. Customs duties, taxes, and other international charges remain governed by Section 6. Return Shipping is not a separate line item: it is included in the total service cost for a successful repair or retained from eligible prepaid amounts when a refund applies. If no prepaid amount is available, or the available amount is insufficient, You must pay the applicable unpaid amount before shipment. You may not provide Your own return-shipping label and must use and pay for Acme’s return-shipping arrangements. The separate Repair Network Fee is not included in the Return Shipping charge.

12.2 Conditions Precedent to Return Shipment; No Release Until Amounts Due Are Paid.

Subject to Section 11 (Unclaimed Device Proceedings; Abandonment), Acme’s obligation to return Device(s) is conditioned on receipt, in good funds, of all amounts properly due with respect to the Device(s), as reflected in the Service Detail. These amounts include applicable labor and approved parts charges, the Repair Network Fee, Return Shipping, and other fees or taxes properly due under this Agreement. For an unsuccessful or partially successful repair, a declined required Parts Quotation, or cessation of Services because a Parts Quotation remains unapproved or unpaid, eligible prepaid amounts will be refunded after retention of the applicable amounts under Section 15; an amount retained from prepaid funds shall not also be collected again. Section 12.3 controls requests for return before labor payment and returns following declined, unapproved, or unpaid Parts Quotations. Unpaid charges canceled under Section 12.3 are not amounts due and shall not be secured by a lien or used to withhold the Device(s). Acme shall have no obligation to tender the Device(s) to a Carrier until all applicable amounts have been paid in full and cleared.

12.3 Return Before Labor Payment or Following Declined, Unapproved, or Unpaid Parts Quotations.

If You request return before paying the Flat-Rate Labor Amount, the package will not have been opened and no evaluation, disposition report, or repair work will have been performed. You must pay the applicable Return Shipping and the US $49.00 Repair Network Fee before return shipment; You need not pay the Flat-Rate Labor Amount to obtain return without evaluation or repair. If You decline a required Parts Quotation, Acme will cease further repair work and return the Device(s). No fixed deadline applies to approval or payment of a Parts Quotation. If a Parts Quotation remains unapproved or unpaid, Acme may elect to end the repair process, post notice of that decision to the Service Detail, and return the Device(s). In either case, Acme will cancel unpaid charges for parts that have not been purchased or installed, apply available prepaid funds to the applicable Return Shipping and Repair Network Fee without duplicate collection, and refund the remaining eligible prepaid amounts under Section 15. Acme will not require payment of the canceled parts balance as a condition of return. If prepaid funds are insufficient to cover the applicable Return Shipping and Repair Network Fee, only the unpaid portion of those amounts, together with any other amounts properly due and not canceled or refundable under this Agreement, must be paid before return. International return shipments remain subject to the custom-quotation provisions of Section 12.1. No Device(s) deemed abandoned in accordance with Section 11 is (are) eligible for return under this Section.

12.4 Return Shipment Following Repair Outcome or Cessation of Services.

Following (a) completion of the Services, (b) a determination that the Device(s) is (are) not reasonably repairable, or (c) cessation of Services for any reason permitted by this Agreement, Acme or the assigned member of the Technician Network will generally arrange for return shipment of the Device(s) by tendering the Device(s) to a third-party shipping carrier selected by Acme (a “Carrier”), subject to Section 12.2 (payment in full in good funds). Any timeframes for tender, if communicated, are estimates only and are not guaranteed service levels or deadlines.

12.5 Packaging; Use of Alternate Packaging.

Acme and/or the assigned technician will package the Device(s) for outbound shipment in a manner intended to be reasonably adequate to protect the Device(s) from damage during ordinary shipping and handling. You acknowledge and agree that Acme does not guarantee that the Device(s) will not be damaged in transit, that Acme is not obligated to use Your original inbound packaging, and that Acme and/or the technician may, in their sole discretion, discard, recycle, or repurpose any original packaging in which the Device(s) arrived and use alternate packaging for the return shipment.

12.6 Carrier; Risk of Loss Passes Upon Tender to Carrier.

Acme contracts with one or more unaffiliated Carriers to deliver Device(s) and does not itself operate as a courier or transportation provider. Acme’s obligation with respect to outbound shipping is limited to tendering the Device(s), properly addressed and packaged, to a Carrier using a shipping service level reasonably selected by Acme (which may include ground or economy service) unless otherwise expressly agreed by Acme in a separate writing. To the maximum extent permitted by law, risk of loss, theft, damage, delay, or misdelivery of the Device(s) shall pass to You immediately upon Acme’s or the technician’s tender of the Device(s) to the Carrier, and Acme shall have no further responsibility or liability for the Device(s) thereafter, except to the limited extent such liability is expressly imposed on Acme by non-waivable applicable law.

12.7 Shipment Insurance.

Acme has no obligation to insure outbound shipments for the value of the Device(s) unless You specifically request in writing, Acme expressly agrees in writing, and You prepay any additional costs of such insurance. If Acme agrees to arrange such insurance, Acme’s sole obligation shall be to use commercially reasonable efforts to purchase the requested coverage from the Carrier or an affiliated insurer, and any claim payments shall be subject to the applicable insurer’s or Carrier’s terms and conditions.

12.8 Signature Requirements and Delivery Issues.

Unless otherwise specified by Acme or required by the Carrier’s policies, the Carrier may require a signature from an individual at the delivery address (which may include any person over the age of eighteen (18) years) to accept delivery. Acme shall not be responsible or liable for any failure or refusal of any person at the delivery address to accept delivery, for any rescheduled deliveries or holds at a Carrier facility, or for any loss, theft, damage, or misdelivery occurring after the Carrier has tendered the shipment at the address You provided or in accordance with Your delivery preferences or instructions on file with the Carrier.

12.9 Failed or Reversed Payments After Shipment Is Initiated.

If, after outbound shipment has been initiated, any payment You made is reversed, charged back, returned, or otherwise fails (including due to insufficient funds, dispute, or fraud), Acme may, to the extent commercially and operationally feasible, instruct the Carrier to return the Device(s) to Acme or the technician and may re-assert and enforce its possessory lien and security interest in the Device(s) as described in this Agreement. In such event, You shall be responsible for all additional shipping, handling, storage, and related costs incurred as a result of the failed or reversed payment, and Acme shall not be obligated to re-ship or release the Device(s) until all outstanding amounts have been paid in full in good funds.

12.10 Shipping Damage; Claims; Cooperation.

You acknowledge that shipping damage can occur during transit despite reasonable packaging. If, upon attempted delivery, the exterior shipping container appears severely damaged or compromised, or if You reasonably suspect that the contents may be damaged, You should not sign for or accept the shipment if refusal is permitted by the Carrier’s procedures. You should document the condition by taking clear photographs and promptly contact Acme using the contact information provided in the Service Detail or on the Website. Any Device(s) damaged during outbound shipment are not eligible for warranty coverage under Section 13; however, such damage may be eligible to be addressed by a claim with the Carrier or relevant insurer. To the extent commercially reasonable and upon Your timely cooperation, Acme may elect, but shall not be obligated, to assist You in submitting or pursuing such a claim. To the maximum extent permitted by law, Acme shall not be liable to You for loss, theft, damage, delay, or misdelivery occurring during or after outbound shipment, even if the Carrier declines to compensate You, except to the limited extent such liability is expressly imposed by non-waivable applicable law.

13. Warranty; Additional Repair Guarantee

Except for the Exclusions identified and defined below, and subject to all conditions and limitations in this Agreement, Acme warrants that, if a repair is deemed successful under this Agreement, the repairs performed on the applicable Device(s) will cause the Device(s) to address the Chief Complaint(s) to a reasonably sufficient degree for a period of ninety (90) calendar days beginning on the date the respective Device(s) is/are delivered to You (the “Warranty” and the “Warranty Period,” respectively). For purposes of this Section 13, a “successful” repair means a repair that Acme determines, in its reasonable discretion, has addressed the applicable Chief Complaint(s) to a reasonably sufficient degree as reflected in the applicable Service Detail.

In the event Acme’s repair successfully addresses the Chief Complaint(s) but directly results in an additional defect that did not exist prior to the repair, such additional defect shall be treated as within the scope of this Warranty, and Acme will make a commercially reasonable attempt to correct that defect, subject to the same conditions, limitations, and Exclusions set forth in this Agreement.

For the avoidance of doubt, this Warranty does not constitute, and You agree that it shall not be construed as, a warranty that the Device(s) will operate at original or “factory” specifications, that the Device(s) will remain free from all defects, or that the Device(s) will not develop new or unrelated problems during or after the Warranty Period.

13.1 Exclusions from Warranty

The Warranty does not apply to the following (collectively, the “Exclusions,” and individually, an “Exclusion”):

• Damages caused by Your improper installation, removal, handling, storage, or use of the Device(s) after the Device(s) is/are delivered to You;

• Damages caused by You or any third party as a result of additional repairs, attempted repairs, adjustments, servicing, or modifications made during the Warranty Period;

• Damages caused by (i) another physical or electronic item, substance, or chemical, (ii) abuse or misuse by You or a third party, (iii) liquid contact or exposure resulting from natural phenomena, fire, earthquake, or other external cause, (iv) operating the Device(s) outside of the permitted or intended uses described by the manufacturer, or (v) service (including upgrades or expansions) performed by anyone who is not Acme or an Acme Authorized Service Provider;

• Damages to any Device(s) with a serial number that has been altered, defaced, or removed, or to any Device(s) that has/have been modified to alter functionality or capability without the manufacturer’s written authorization;

• Intentional or bad-faith damage or destruction of the Device(s);

• Damages caused to the Device(s) by any third-party carrier while the Device(s) is/are being shipped to or from Acme’s facilities or any member of the Technician Network;

• Damages to any Device(s) that has/have been lost, stolen, or transferred to a third party (the Warranty applies only to You and is non-transferable);

• Cosmetic damage, including but not limited to scratches, dents, discoloration, and broken plastic on ports or connectors;

• Loss or damage to consumable parts, such as batteries, light bulbs, or disposable accessories, except to the limited extent such consumable part was itself directly replaced as part of the repair work described in the accepted Quotation;

• Preventative maintenance, routine cleaning, calibration, or general upkeep not expressly included within the scope of the accepted Quotation; and

• Any condition, symptom, defect, or malfunction that is unrelated to the repair work performed under the accepted Quotation, even if it presents with similar symptoms to the Chief Complaint(s).

13.2 Warranty Claim Procedure

To make a claim under the Warranty (a “Warranty Claim”), You must submit the claim through the Help Tab on the Website platform or through the applicable Service Detail, and such submission must occur on or before the expiration date of the applicable Warranty Period. A Warranty Claim submitted after the expiration of the Warranty Period need not be honored by Acme, and Acme shall have the sole and exclusive discretion to determine whether any late claim will be accepted to the maximum extent permitted by law.

Upon receipt of a timely Warranty Claim, Acme or its agents may require proof of purchase, answers to reasonable questions, photographs, basic troubleshooting, and other information reasonably necessary to evaluate the claim. You are not required to provide a video as a condition of receiving a warranty-evaluation return label. A claim satisfying the requirements for return for further evaluation will be handled under the Device Return for Warranty Evaluation or Service provisions below; eligibility for a return label is not approval of warranty coverage.

Acme will determine, in its reasonable discretion, whether the reported issue is within the scope of the Warranty, including whether the issue is attributable to the repair work previously performed by Acme (or the Technician Network) as opposed to an Exclusion or an unrelated defect.

If Acme determines that a Warranty Claim is valid, Acme will, at its option and in its reasonable discretion, either:

(a) re-perform the Services by making a commercially reasonable attempt to correct the warranted condition; or

(b) issue a refund of eligible amounts in accordance with Section 15 (Refunds).

All refunds issued in connection with a Warranty Claim (including any partial refund) shall be governed by, and processed pursuant to, Section 15, including any applicable exclusions, limitations, and non-refundable amounts, except to the limited extent non-waivable applicable law requires otherwise.

Device Return for Warranty Evaluation or Service

If a timely Warranty Claim satisfies the applicable requirements for return for further evaluation, a Help Desk member will create and email You a prepaid shipping label for return of the Device(s) to the designated technician. No customer video is required to obtain that label. Issuance of the label allows further diagnostic evaluation and does not constitute acceptance or approval of the Warranty Claim. Acme will determine whether the claim is covered after evaluating the Device(s) under this Section 13.

You must ship the Device(s) using the provided label and follow Acme’s return instructions. Acme will provide that label without requiring You to purchase inbound shipping for the warranty evaluation; the other applicable packaging and shipping obligations in Section 6 remain in effect. The Service Detail status will not change merely because a label is issued. Only after You ship the Device(s) and the technician receives and checks it in will the status change to “ADDITIONAL EVALUATION.” Further repair and claim updates will be provided through the Service Detail. Outbound shipment following warranty evaluation or service remains governed by Sections 12 and 15, unless expressly waived by Acme in writing.

Timing of Warranty Service

If Acme elects to re-perform Services under a valid Warranty Claim, Acme will use commercially reasonable efforts to complete such warranty service within thirty (30) days after the Device(s) is/are physically received and logged for warranty service (or such additional time as You and Acme may mutually agree in writing). This time period is a performance target only and not a guaranteed service level.

If Acme is unable to complete a commercially reasonable warranty repair within that period (as extended by written agreement, if any), You may request that Acme evaluate whether to resolve the Warranty Claim by issuing a refund pursuant to Section 15, subject to the terms and limitations of this Agreement.

Warranty Coverage Period for Warranty Work

Any warranty service performed under this Section shall itself be warranted only for the number of days remaining in the original Warranty Period as of the date You submitted the Warranty Claim, and such remaining period shall begin on the date the Device(s) is/are delivered back to You following completion of warranty service, unless non-waivable applicable law requires otherwise.

Any further Warranty Claims must be submitted in the same manner as a new Warranty Claim unless Acme expressly provides written consent to re-open an existing claim.

13.3 Data, Software, and Configuration; No Data Recovery Obligations

You acknowledge and agree that diagnostic, repair, and warranty service activities may involve access to internal components, software, firmware, configuration settings, or stored information, and may carry risks of loss, corruption, erasure, or inaccessibility of data, consistent with Section 7 (Risks of Repair; Economic Considerations). You are solely responsible for backing up all data, files, and configurations prior to submitting any Device(s) for warranty evaluation or service. Acme has no obligation to extract, preserve, back up, or recover any data from any Device(s), whether during the original Services or during warranty service.

13.4 No Extension; No Transfer

The Warranty is provided solely to the original customer associated with the applicable Service Detail and is non-transferable. Except as expressly stated in this Section 13, the Warranty Period is not extended, renewed, or restarted by any communication, troubleshooting, or warranty evaluation activity, or by any partial or intermittent performance of warranty service, except to the limited extent required by non-waivable applicable law.

14. Waiver of Implied Warranties

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 13 (WARRANTY; ADDITIONAL REPAIR GUARANTEE), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACME HEREBY DISCLAIMS AND YOU HEREBY WAIVE ALL OTHER WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

FOR THE AVOIDANCE OF DOUBT, SECTION 13 SETS FORTH THE SOLE AND EXCLUSIVE EXPRESS WARRANTY PROVIDED BY ACME WITH RESPECT TO THE SERVICES AND ANY REPAIR WORK PERFORMED ON THE DEVICE(S). NO ORAL OR WRITTEN STATEMENT, DESCRIPTION, REPRESENTATION, ESTIMATE, OR OPINION (INCLUDING ANY STATEMENT MADE BY A MEMBER OF THE TECHNICIAN NETWORK) SHALL CREATE ANY WARRANTY OR EXPAND THE WARRANTY SET FORTH IN SECTION 13 UNLESS EXPRESSLY INCORPORATED INTO THIS AGREEMENT IN A WRITING EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF ACME.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. TO THE EXTENT SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS IN THIS SECTION 14 MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL NON-WAIVABLE RIGHTS UNDER APPLICABLE LAW.

15. Refunds.

Acme will refund eligible prepaid amounts in the circumstances specified in this Section 15, subject to its exclusions, conditions, and limitations and the other applicable provisions of this Agreement. Because the Flat-Rate Labor Amount is collected before evaluation or repair begins, an amount owed back to You shall be processed as a refund of funds received, not as an adjustment to an unpaid labor balance.

15.1 Non-Refundable Amounts.

In all events, the following amounts are non-refundable once incurred or assessed, regardless of repair outcome, quote acceptance, or return of the Device(s):

(a) the separate forty-nine U.S. dollar (US $49.00) Repair Network Fee applied to each repair Service Detail, whether Services are provided through Acme’s in-house operations or the Technician Network;

(b) the applicable Return Shipping charge calculated under Section 12.1, including where a repair is unsuccessful or partially successful, a required Parts Quotation is declined, or the Device(s) is (are) returned without evaluation or repair; and

(c) charges for installed parts, assemblies, or components that satisfy the material-improvement standard in Section 15.2(a), subject to the Warranty and any non-waivable rights under applicable law.

Acme shall have no obligation to refund any such non-refundable amounts under any circumstances, except to the limited extent required by non-waivable applicable law.

15.2 Refund-Eligible Scenarios.

Subject to Section 15.1 and all other applicable limitations in this Agreement, refund eligibility is as follows:

(a) Unsuccessful or Partially Successful Repair; Required Parts Declined.

If Acme or the assigned technician determines that the repair cannot be completed, the Device(s) is (are) not reasonably repairable, or an attempted repair is unsuccessful or partially successful because the Chief Complaint(s) remain unresolved, Acme will refund amounts prepaid for labor and refundable parts, less the applicable Return Shipping and Repair Network Fee. Prepaid charges for parts, assemblies, or components that are not installed in the Device(s) as returned to You will be refunded. Prepaid charges for parts, assemblies, or components that are installed in the Device(s) as returned to You and materially contribute to a material improvement in the Device(s)’ operation will not be refunded, even if the overall repair is unsuccessful or only partially successful. Installed items that do not satisfy that material-improvement standard remain refundable. Acme will determine whether that standard is met reasonably and in good faith based on evaluation or testing and will identify the retained parts charges and the operational improvement in the Service Detail. The same refund treatment applies if You decline a required Parts Quotation or Acme ceases Services and returns the Device(s) because a Parts Quotation remains unapproved or unpaid. The refund excludes inbound shipping, insurance, taxes, customs, and other third-party charges, except to the extent non-waivable applicable law requires otherwise; those exclusions do not reduce the refund of parts charges expressly refundable under this paragraph.

The Repair Network Fee and Return Shipping shall be retained from amounts already received or collected before return if unpaid, but neither amount shall be deducted or collected more than once for the same fee or shipment. Amounts retained for installed parts under Section 15.2(a) shall likewise not be deducted or collected more than once. No evaluation or repair labor will be deducted from an otherwise eligible refund merely because that labor was performed. If You request return before paying for labor, the Return Shipping and Repair Network Fee remain due under Section 12.3, and there is no unpaid labor balance to adjust or refund.

(b) Approved Warranty or Additional Repair Guarantee Claim.

The Device(s) is (are) subject to an approved claim under any warranty or additional repair guarantee program offered by Acme (if any), and Acme, in its discretion pursuant to the applicable program terms, elects to resolve the claim by issuing a refund instead of re-performing the Services. No refund will be issued unless and until:

(i) Acme has approved the claim; and

(ii) You have returned the Device(s) in accordance with Acme’s written instructions and the Device(s) has (have) been physically received and logged by Acme or the designated technician.

(c) Discretionary Refund.

In exceptional cases, Acme may, in its sole discretion, issue a partial or full refund as a customer service accommodation. Any such refund is voluntary, non-precedential, and does not constitute a waiver of Acme’s rights or an obligation to provide future refunds.

15.3 No Refunds for Successful Repairs or Buyout Transactions.

Except as expressly provided in this Section 15, under any applicable warranty or additional repair guarantee, or as required by non-waivable applicable law, no refunds will be provided where Acme or the Technician Network has successfully performed the Services in accordance with an accepted Quotation and returned the Device(s) with the Chief Complaint(s) addressed to a reasonably sufficient degree, even if the Device(s) later develops the same or a similar issue outside the scope or terms of any applicable warranty or guarantee or You are dissatisfied for reasons not covered by an applicable warranty or guarantee.

Additionally, any amounts paid or payable in connection with a Buyout Offer and sale of Device(s) to Acme pursuant to Section 10 (Buyout Offer; Device Sale Alternative) are non-refundable, except to the limited extent required by non-waivable applicable law.

15.4 Requests to Cease Services After Device Receipt.

Payment of the Flat-Rate Labor Amount authorizes diagnostic and repair labor within the scope described in Sections 2 and 4; a required Parts Quotation remains subject to separate approval and payment. Before receipt of the full Flat-Rate Labor Amount, Acme shall not open the package or perform evaluation or repair work, and You may request return under Section 12.3. After payment and commencement of work, requests to cease Services are governed by the following provisions, subject to the return and refund provisions for declined, unapproved, or unpaid Parts Quotations in Sections 12.3 and 15.2(a).

If, after payment of the Flat-Rate Labor Amount, You request that Acme or the technician cease, suspend, or limit further Services for a reason other than declining a required Parts Quotation, Acme may, in its sole discretion:

(a) complete the Services as authorized; or

(b) cease further work and arrange for return shipment after You have paid all amounts then due, including all non-refundable fees, reasonable charges incurred to date, and applicable shipping and handling charges.

No such request shall create any additional refund right beyond those expressly stated in this Section 15.

15.5 Form, Timing, and Destination of Refunds.

Any refund issued by Acme will be made in U.S. dollars (USD) and processed by either:

(a) physical check mailed via USPS First-Class Mail to the address listed in the Service Detail; or

(b) electronic funds transfer to a U.S. bank account designated by You and accepted by Acme.

Approved refunds are generally processed within thirty (30) days after all refund conditions are satisfied, though processing times may vary due to factors outside Acme’s control. You are solely responsible for providing accurate and current payment information.

15.6 Exclusive Monetary Remedy.

Any refund issued under this Section 15 constitutes Your sole and exclusive monetary remedy for unsuccessful or partially successful repair attempts, declined required Parts Quotations, cessation of Services because a Parts Quotation remains unapproved or unpaid, approved warranty claims resolved by refund, or discretionary refunds. To the maximum extent permitted by law, Acme shall not be liable for any additional compensation, damages, or relief beyond the refund amount determined and issued under this Section 15, except as expressly required by non-waivable applicable law.

16. Customer Support

Acme provides customer support primarily by email and through self-help tools made available within Your Service Detail. The “Actions” tab within each Service Detail displays applicable self-service buttons, links, or options (collectively, “Service Detail Actions”) that allow You to perform common tasks or obtain immediate assistance without waiting for a manual response from Acme, which may include, for example, updating contact or shipping information, confirming or declining quotes, reviewing repair status, initiating certain types of requests, or accessing frequently asked questions and help content. Options are conditionally available; for example, receipt access appears only after payment, and Buyout Offer actions appear only when an offer has been published. In addition to such Service Detail Actions, and unless and until Acme specifies otherwise in the Service Detail or on the Website, You may contact Acme’s customer support team at help@acmerevival.com for questions regarding the Services, Your Device(s), billing, or other matters arising under this Agreement. Acme’s current goal is to respond to customer support inquiries within approximately twenty-four (24) hours of receipt on Business Days; however, You acknowledge and agree that this response-time objective is an aspirational target only, does not constitute a service-level agreement or binding commitment, and may be affected by volume, staffing, holidays, and other factors. Acme does not guarantee any particular response time and shall not be liable for any delay in responding to support inquiries.

You acknowledge and agree that Acme does not provide traditional inbound telephone-based customer support for standard customer inquiries, and that Acme’s decision not to offer telephone support shall not constitute a breach of this Agreement, a failure of performance, or a basis to assert any claim, offset, or defense (including any defense based on alleged lack of assistance, unavailability, or non-responsiveness) with respect to any obligation You owe under this Agreement. For the avoidance of doubt, Your obligations to pay amounts due, to retrieve Device(s), and to comply with the procedures set forth in this Agreement are not conditioned on Acme’s provision of telephone support, on any particular speed of response to email or other support requests, or on the availability or operation of any specific Service Detail Action.

Acme may, from time to time and in its sole discretion, modify the methods, channels, or contact details for customer support (including changes to support email addresses, the nature or availability of Service Detail Actions, or the addition of web-based support forms or portals). Any such changes may be communicated via the Service Detail and/or the Website, and You agree to review those locations periodically and to use the then-current support contact information, tools, and methods specified by Acme.

17. 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).

17.1. 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, You may 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. No notice under this Section is a contractual prerequisite to filing a claim.

18. Disclaimers.

THE WEBSITE, THE SERVICE DETAIL(S), AND ANY INFORMATION OR CONTENT MADE AVAILABLE BY ACME THROUGH THE WEBSITE OR THE SERVICE DETAIL(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACME DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ACME DOES NOT WARRANT OR GUARANTEE THAT: (A) THE WEBSITE OR SERVICE DETAIL(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY INFORMATION DISPLAYED OR TRANSMITTED THROUGH THE WEBSITE OR SERVICE DETAIL(S) WILL BE ACCURATE, COMPLETE, OR CURRENT AT ALL TIMES; OR (C) ANY FILES, LINKS, OR CONTENT OBTAINED THROUGH THE WEBSITE WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING APPROPRIATE ANTI-VIRUS, SECURITY, AND BACKUP MEASURES AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE THAT WILL ALLOW YOU TO RECONSTRUCT OR RECOVER ANY LOST DATA.

YOU ACKNOWLEDGE AND AGREE THAT REPAIR AND DIAGNOSTIC SERVICES INVOLVE INHERENT UNCERTAINTY AND RISK, AND—EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13 (WARRANTY; ADDITIONAL REPAIR GUARANTEE)—ACME MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE SUCCESS, COMPLETENESS, OR EFFECTIVENESS OF ANY DIAGNOSTIC OR REPAIR EFFORTS, OR THAT ANY DEVICE(S) WILL BE RESTORED TO FACTORY SPECIFICATIONS, FULL FUNCTIONALITY, OR ANY PARTICULAR PERFORMANCE LEVEL.

ANY OPINIONS, OBSERVATIONS, ESTIMATES, OR RECOMMENDATIONS COMMUNICATED BY ACME OR ANY MEMBER OF THE TECHNICIAN NETWORK (INCLUDING THROUGH THE SERVICE DETAIL(S) OR CUSTOMER SUPPORT) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, ARE NOT PROFESSIONAL ENGINEERING OR MEDICAL ADVICE, AND DO NOT CONSTITUTE A STATEMENT OF FACT OR A WARRANTY OR GUARANTEE OF OUTCOME. YOU AGREE THAT YOU ARE NOT RELYING ON ANY SUCH COMMUNICATION AS A WARRANTY OR GUARANTEE EXCEPT TO THE EXTENT EXPRESSLY STATED IN THIS AGREEMENT.

YOU UNDERSTAND THAT YOU MAY BE SEEKING SERVICE FOR DEVICE(S) THAT MAY BE CONSIDERED “OBSOLETE,” “BEYOND END-OF-LIFE,” OR OTHERWISE NOT RECOMMENDED FOR CONTINUED USE BY THE MANUFACTURER OR OTHER THIRD PARTIES. ACME HAS NO OBLIGATION TO INVESTIGATE, IDENTIFY, OR DISCLOSE ANY SUCH WARNINGS, RECALLS, SERVICE BULLETINS, OR MANUFACTURER GUIDANCE (THOUGH IT MAY DO SO IN ITS DISCRETION), AND IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY DEVICE(S) IS SAFE, LAWFUL, AND APPROPRIATE TO USE BEFORE AND AFTER SERVICE. YOU ASSUME ALL RISK OF INJURY OR DAMAGE ASSOCIATED WITH YOUR USE OF ANY DEVICE(S), INCLUDING ANY DEVICE(S) THAT HAS BEEN SERVICED OR RETURNED BY ACME OR THE TECHNICIAN NETWORK.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR SERVICE DETAIL(S) IS TO DISCONTINUE USING THEM, SUBJECT TO YOUR CONTINUING OBLIGATIONS UNDER THIS AGREEMENT (INCLUDING PAYMENT OBLIGATIONS AND DEVICE RETRIEVAL OBLIGATIONS). NOTHING IN THIS SECTION 18 IS INTENDED TO LIMIT ANY NON-WAIVABLE RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW.

19. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, THE WEBSITE, ANY SERVICE DETAIL, OR THE HANDLING, SHIPMENT, DIAGNOSIS, REPAIR, STORAGE, RETURN, OR DISPOSITION OF ANY DEVICE(S), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF ACME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, ACME SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO: (A) ANY ACT OR OMISSION OF ANY THIRD-PARTY SHIPPING CARRIER; (B) ANY LOSS, THEFT, DAMAGE, DELAY, OR MISDELIVERY OCCURRING IN TRANSIT TO OR FROM ACME OR ANY MEMBER OF THE TECHNICIAN NETWORK; (C) ANY DATA LOSS, CORRUPTION, ERASURE, OR INACCESSIBILITY ARISING FROM OR RELATING TO DIAGNOSTIC OR REPAIR ACTIVITIES; OR (D) ANY INTERRUPTION, OUTAGE, OR ERROR IN THE WEBSITE OR SERVICE DETAIL, EXCEPT TO THE LIMITED EXTENT LIABILITY FOR SUCH MATTERS IS IMPOSED BY NON-WAIVABLE APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACME’S TOTAL AND AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY DEVICE(S), SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO ACME WITH RESPECT TO THE PARTICULAR DEVICE(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; PROVIDED, HOWEVER, THAT WHERE SECTION 15 (REFUNDS) APPLIES, YOUR SOLE AND EXCLUSIVE MONETARY REMEDY SHALL BE LIMITED TO THE REFUND (IF ANY) AVAILABLE UNDER SECTION 15, SUBJECT TO ITS EXCLUSIONS, CONDITIONS, AND NON-REFUNDABLE AMOUNTS.

FOR THE AVOIDANCE OF DOUBT: (I) SECTION 13 (WARRANTY; ADDITIONAL REPAIR GUARANTEE) SETS FORTH YOUR EXCLUSIVE RIGHTS AND REMEDIES FOR ANY COVERED WARRANTY CLAIM, AND (II) SECTION 15 (REFUNDS) SETS FORTH YOUR EXCLUSIVE MONETARY REMEDY FOR UNSUCCESSFUL REPAIR OUTCOMES OR ANY OTHER REFUND-ELIGIBLE SCENARIO. NOTHING IN THIS SECTION 19 IS INTENDED TO LIMIT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER NON-WAIVABLE APPLICABLE LAW, INCLUDING LIABILITY ARISING FROM ACME’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND ACME AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

20. Class Action Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ACME AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING.

Accordingly, except to the limited extent a court of competent jurisdiction determines that a waiver of a particular representative or class-based claim is prohibited by non-waivable applicable law and cannot be enforced as written with respect to that specific claim:

(a) NO CLASS OR REPRESENTATIVE PROCEEDINGS. Neither You nor Acme shall be entitled to join or consolidate claims by or against other customers or persons, or to pursue any claim as a class action, class arbitration, collective action, private attorney general action, or other representative action.

(b) NO CLASS RELIEF. No arbitrator and no court shall have authority to (i) certify any class, collective, or representative proceeding; (ii) permit any claim to proceed on a class, collective, or representative basis; or (iii) award relief to any person or entity other than the individual party to the proceeding.

(c) SEVERABILITY OF PROHIBITED REPRESENTATIVE RELIEF. If a court of competent jurisdiction determines that any portion of this Section 20 is unenforceable as to a particular claim or request for relief, then: (i) the unenforceable portion shall be severed solely with respect to that claim or request for relief; (ii) the remainder of this Agreement shall remain in full force and effect; and (iii) any such claim shall proceed only to the minimum extent required by non-waivable applicable law.

This Section 20 survives termination of this Agreement and applies to all disputes between You and Acme, whether asserted in arbitration or in court, to the maximum extent permitted by law.

21. 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 accessing Your Service Detail through Your unique URL, 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.

22. 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.

23. 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.

24. Governing Law; Venue; and Dispute Resolution.

This Agreement and disputes arising out of or relating to it, the Services, the Website, or any Service Detail shall be governed by Colorado law, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below. This choice of law does not deprive a consumer of protections that applicable law does not permit the Parties to waive. Except for small-claims proceedings, consumer proceedings, or other proceedings permitted elsewhere under this Section 24 or required by non-waivable law, court proceedings permitted under this Agreement shall be brought in the state courts in Jefferson County, Colorado, or the United States District Court for the District of Colorado, as applicable, and both Parties consent to those courts’ personal jurisdiction.

24.1 Mutual Agreement to Arbitrate.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24.2, YOU AND ACME EACH AGREE THAT DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, THE WEBSITE, ANY SERVICE DETAIL, OR DEVICE(S) SUBMITTED UNDER THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY JAMS BEFORE ONE NEUTRAL ARBITRATOR, RATHER THAN BY A COURT OR JURY. THIS OBLIGATION APPLIES EQUALLY TO CLAIMS ASSERTED BY YOU AND CLAIMS ASSERTED BY ACME. Either Party may commence arbitration by filing and serving an arbitration demand under the applicable JAMS rules. Neither Party must first send a demand letter, attempt informal resolution, or wait through a contractual pre-suit period. Filing and service requirements imposed by applicable procedural rules or law remain in effect.

The arbitration will proceed under the JAMS rules in effect when the proceeding begins: the Streamlined Arbitration Rules and Procedures when the dispute falls within their scope, and otherwise the Comprehensive Arbitration Rules and Procedures, subject to Section 24.3. The rules are available at www.jamsadr.com, and Acme will provide a copy on request. The Parties will have a reasonable opportunity to participate in selection of the neutral arbitrator and to exchange relevant, non-privileged information. The arbitrator shall issue a written, reasoned award stating the disposition of each claim. A court, rather than the arbitrator, shall decide disputes concerning formation, existence, scope, or enforceability of this arbitration agreement, notwithstanding any contrary delegation in the incorporated rules. Either Party may seek confirmation or enforcement of an award in a court with jurisdiction. The individual-proceeding provisions of Section 20 apply subject to non-waivable law and Section 24.3.

24.2 Small Claims; Provisional Relief; Claims Not Subject to Arbitration.

Either Party may bring an individual claim within the jurisdiction of a small-claims court in any venue authorized by applicable law, so long as the claim remains in that court. Either Party may seek temporary or provisional relief from a court with jurisdiction to preserve the status quo or prevent imminent harm pending arbitration; doing so does not waive arbitration of the merits. Neither Party is required to arbitrate a claim that applicable law prohibits the Parties from requiring to be arbitrated. Nothing in this Agreement prevents either Party from reporting a matter to, or cooperating with, a governmental agency. If JAMS declines to administer a dispute because this arbitration agreement does not comply with its applicable policies and that issue is not resolved, or if JAMS is otherwise unavailable, the Parties may agree to another administrator; absent such agreement, either Party may proceed in a court with jurisdiction. No substitute administrator will be imposed unilaterally.

24.3 Consumer Protections; Location; Arbitration Costs.

For a dispute concerning Services obtained by an individual primarily for personal, family, or household purposes, the JAMS Consumer Minimum Standards of Procedural Fairness apply and control over any conflicting provision of this Agreement or incorporated rule. The consumer retains the substantive remedies available under applicable law. At the consumer’s election, the hearing may be conducted remotely or at a reasonably convenient location in the consumer’s county of residence, unless the Parties agree otherwise after the dispute arises. A location requirement shall not prevent access to arbitration. For non-consumer disputes, the hearing will take place in Jefferson County, Colorado, unless the Parties agree to a different location or a remote proceeding.

When a consumer initiates arbitration, the consumer’s required JAMS filing fee shall not exceed the lesser of US $250.00 or the amount permitted by applicable law or JAMS’s Consumer Minimum Standards. Acme shall pay the remaining JAMS filing and administrative fees and the arbitrator’s fees. When Acme initiates arbitration against a consumer, Acme shall pay all JAMS administrative and arbitrator fees. Acme will pay additional amounts required by applicable law or JAMS to avoid making arbitration inaccessible because of cost. Those amounts shall not be shifted back to the consumer in violation of the applicable standards. In non-consumer arbitrations, administrative and arbitrator fees shall be allocated under the applicable JAMS rules, subject to an award permitted by law and Section 25. The consumer safeguards in this Section prevail over conflicting limitations of remedies, venue, or costs elsewhere in this Agreement.

25. Attorney Fees and Costs.

For a dispute arising from a transaction primarily for business or commercial purposes, the prevailing Party in an arbitration or court proceeding shall be entitled to reasonable attorney’s fees and costs, including reasonable fees and costs on appeal or collection, to the extent permitted by applicable law and awarded by the arbitrator or court. In a consumer dispute governed by Section 24.3, each Party shall bear its own attorney’s fees and litigation expenses unless applicable law authorizes an award; no fee award shall deprive the consumer of a non-waivable right or conflict with the JAMS Consumer Minimum Standards. Allocation of JAMS administrative and arbitrator fees is governed by Section 24.3. These provisions control over any inconsistent fee-shifting provision in this Agreement as applied to a dispute between You and Acme.

26. Waiver of Jury Trial.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 24, THE PARTIES 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).

27. 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.

28. No Intended Third-Party Beneficiaries.

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

29. 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.

30. Subsequent Versions of Agreement.

Acme may publish revised Terms on the Website for future repair requests. You must affirmatively accept the version presented through the clickwrap process when creating each new repair request. The version You accepted for an existing repair request continues to govern that request and related Services unless You and Acme expressly agree to an amendment in accordance with Section 31. Merely visiting the Website, receiving an email, paying an existing balance, or accessing a Service Detail does not constitute acceptance of a later version. No revised arbitration provision applies to an existing repair request or dispute without the Parties’ express agreement.

31. Incorporation; Conflicts of Terms.

This Agreement incorporates by reference the then-current Privacy Policy, as posted on the Website and updated from time to time (the “Privacy Policy”). As between You and Acme, this Agreement together with the Privacy Policy in effect as of the date You enter into this Agreement constitute the full, final, and entire understanding and agreement of the Parties with respect to the subject matter thereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

The Privacy Policy describes how Acme collects, uses, discloses, and protects personal information and other data in connection with the Website and the Services. To the extent there is any inconsistency or conflict between the terms of this Agreement and the Privacy Policy with respect solely to the collection, use, or processing of personal information, the Privacy Policy shall control with respect to those privacy-related matters. In all other respects, and with respect to all other subject matters (including, without limitation, repair services, payments, shipping, risk allocation, warranties, limitations of liability, dispute resolution, and other business terms), the terms of this Agreement shall control to the maximum extent permitted by applicable law.

Any other content or materials made available by Acme on or through the Website, in any Service Detail, in marketing or promotional materials, in FAQs, help articles, tooltips, email communications, or other customer communications (collectively, “Supplemental Materials”) are provided for informational and convenience purposes only and do not themselves create binding contractual obligations, warranties, or rights, and shall not amend, modify, supplement, or supersede this Agreement unless such Supplemental Materials: (a) expressly state that they are intended to amend or supplement this Agreement; and (b) are either (i) incorporated into this Agreement by reference, or (ii) set forth in a separate written agreement signed by an authorized representative of Acme. In the event of any inconsistency or conflict between any Supplemental Materials and this Agreement, the terms of this Agreement shall control, except to the limited extent a separate written agreement signed by an authorized representative of Acme expressly provides otherwise.

No waiver, modification, or amendment of this Agreement shall be effective unless stated expressly in a writing executed by an authorized representative of the Party against whom it is asserted; any amendment affecting both Parties must be accepted by both Parties. Acme may present an amendment electronically, including through a clickwrap process that clearly identifies the amendment, but it becomes effective for an existing repair request only upon Your affirmative acceptance. Revised Terms governing new repair requests are subject to Section 30. The Parties agree that no course of dealing, course of performance, trade usage, or reliance on any statement, representation, or description contained in Supplemental Materials or any oral or informal communication shall modify this Agreement or create additional rights, obligations, or warranties not expressly set forth herein.

32. 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.