Terms of Use

Welcome to CPR! These Terms of Use (“Site Terms”) govern Your access to and use of the website, services, content, technologies and applications of cellphonerepair.com (the “Website”) BY USING THE WEBSITE AND/OR BY CREATING AN ACCOUNT WITH CPR, YOU AGREE TO THE TERMS AND CONDITIONS BELOW, AND ANY SUBSEQUENT MODIFICATIONS THERETO. IF YOU DO NOT AGREE TO THE FOREGOING, DO NOT USE THIS WEBSITE OR OUR SERVICES IN ANY WAY.

The Website is a service made available by MMI-CPR, LLC (hereinafter referred to as “CPR”) (“we”, “our” or “us”). As used in these Site Terms, “User(s)”, “You” and/or “Your” refers to any individual or entity that accesses or uses the Website or any services made available through it.  The Site Terms govern Your use of the Website. We may modify the Site Terms at any time. Your continued use of the Website constitutes Your acceptance to all terms and conditions of the Website or our Services at the time of use. Every time You visit the Website, You reaffirm Your acceptance of these Site Terms. Upon each visit, You are responsible for reviewing these Site Terms and any additional terms and conditions.

The Website allows Users to locate CPR store locations, schedule repair appointments, and view available devices currently in stock at participating locations. These features are provided for informational and convenience purposes only and do not constitute an offer for sale. While CPR strives to provide accurate inventory information, availability may vary by location and is not guaranteed. Appointment scheduling is subject to store confirmation, technician availability, and capacity, and therefore cannot be guaranteed until confirmed by the selected location. Any repair services or device availability inquiries will be subject to CPR’s applicable service policies and in-store terms.  We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without incurring any liability.

The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are considered intellectual property protected by copyright, trademark, service mark, trade dress, patent or other proprietary right owned by CPR, its affiliates, or other third parties, CPR, its affiliates, or other third parties retain all right. All Content on the Website is the property of its respective owner/s. Further, CPR or other third parties retain all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”) (the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice. You understand that CPR and its affiliates make every reasonable effort to ensure the information and Content presented on this Website is accurate and updated. However, CPR and its affiliates do not warrant, represent, or guarantee, express or implied, statutory or otherwise, the accuracy of the information or Content on this Website, make no guarantee as to such information, and are not responsible for the information, including its accuracy, currency, content, quality, compliance, or legality, or any resulting loss or damage to You.

CPR provides the Website, related Content and the Materials for Your individual, non-commercial use and for the purpose of carrying out transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You agree not to use the Website, its Content, or any related services for any unlawful, harmful, or unauthorized purpose. Furthermore, without limiting the generality of the foregoing, you shall not, directly or indirectly:

• Sell, modify, license, publish, delete, cache by proxy, or otherwise distribute the Website, the Materials, or any Content without the express written permission of CPR or the applicable rights holder.
• Use the Materials or Content for any commercial purpose not expressly authorized by CPR.
• Reverse-engineer, decompile, disassemble, translate, adapt, merge, copy, disclose, rent, lease, loan, sell, sublicense, or transfer any part of the Website’s Technology, including its underlying source code, architecture, or structure, except where permitted by law.
• Use any robot, spider, scraper, crawler, data-mining tool, automated script, or other software or process to access, collect, copy, monitor, or extract information from the Website or its Users without our express written permission.
• Bypass, disable, interfere with, or attempt to circumvent any security-related or access-control feature of the Website, including encryption, authentication mechanisms, or automated access controls.
• Reformat, frame, mirror, or otherwise modify any portion of the Website, its Materials, or its Content without authorization.
• Use any device, software, routine, or manual process that interferes with or attempts to interfere with the normal functioning, performance, or security of the Website.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that degrades Website performance.
• Upload, transmit, or distribute any harmful code, including viruses, malware, spyware, or other harmful technologies, or otherwise disrupt, damage, or impair the Website or its security.
• Violate these Terms, any applicable law, regulation, or third-party rights, including intellectual property, privacy, or contractual rights.
• Disrupt, harm, interfere with, or compromise the security, integrity, or availability of the Website, its systems, networks, data, or User information.
• Use the Website in a manner intended to create liability for CPR, to defraud others, or to engage in deceptive, fraudulent, or harmful conduct.

You agree not to use the Website or its Content for any unlawful, harmful, or unauthorized purpose. We may, at our sole discretion and without prior notice, take any lawful action in response to such misuse, including limiting, suspending, terminating, or otherwise restricting your access to the Website, its Content, or our services. In our sole discretion, we may also remove content, or take technical and legal steps to keep You off the Website if we think that You are creating problems, possible legal liabilities, You are violating any of these terms, or acting inconsistently with the letter or spirit of our policies.

You understand that CPR and its affiliates make every reasonable effort make every reasonable effort to ensure the information and Content presented on this Website is accurate and updated and agree CPR and its affiliates do not warrant, represent, or guarantee, express or implied, statutory or otherwise, the accuracy of the information or Content on this Website, makes no guarantee as to such information and is not responsible for the information, including its accuracy, currency, content, quality, compliance or legality, or any resulting loss or damage to You.

CPR and its affiliates make no representations or warranties regarding the availability, performance, or reliability of the Website. You understand and agree that your access to and use of the Website and the Materials is at your sole risk. To the fullest extent permitted by law, CPR and its affiliates are not responsible for any loss, damage, or harm that results from your use of, inability to use, or reliance on the Website or the Materials.

THE WEBSITE AND MATERIALS ARE PROVIDED BY CPR AND ITS AFFILIATES ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST LAWFUL EXTENT, CPR AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST LAWFUL EXTENT, IN NO EVENT SHALL CPR, ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS “CPR PARTIES”) BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CPR AND THE CPR PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OF THE INTERNET OR ANY VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. ANY USE OR DERIVATIVE USE OF THIS WEBSITE, ITS CONTENT, OR OUR SERVICES IS AT YOUR SOLE RISK AND LIABILITY. TO THE FULLEST LAWFUL EXTENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF CPR PARTIES ENUMERATED ABOVE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100 FOR DAMAGES ARISING OUT OF THE USE OR DERIVATIVE USE OF THIS WEBSITE, ITS CONTENT, OR OUR SERVICES.

You agree to indemnify, defend, and hold harmless CPR, its affiliates, and their respective directors, officers, employees, agents, distributors, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or any breach of your representations, warranties, or obligations. CPR and its affiliates reserve the right, at their sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to fully cooperate with them in the defense of such claims. You also agree to provide full assistance in any related investigation, pre-litigation activity, or legal proceeding.

Please refer to our Privacy Policy for complete information on our collection and use of personal information and data.

By using the Website, our services, or creating an account with us, You consent to conduct business with us electronically and to receive all communications in electronic form. If You do not agree to this consent, You may not use the Website, our services, or create an account.

For purposes of these Terms, “Communications” include any communication, transaction, notice, disclosure, terms and conditions, agreement, record, statement, advertisement, or other information that we provide to You or request from You.

In accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), You agree to enter into contracts with us electronically; to engage in electronic transactions; to receive and provide electronic records as defined in E-SIGN; and to use electronic sounds, symbols, or processes as Your electronic signature to indicate Your intent to be bound.

You agree that electronic records satisfy any legal requirement that information be provided in writing. Your consent to receive, provide, use, and exchange electronic records applies to both the current transaction and all future Communications between You and CPR.

You authorize us to deliver important notices regarding the Website or any pending transactions to the email address You provide as a registered account holder or, alternatively, by posting such notices on the Website. You agree to maintain a valid, up-to-date email address and to ensure that our communications are not blocked or filtered. If You withdraw Your consent to transact electronically, You may no longer use the Website or our services.

You are responsible for all fees that Your carrier may charge You for data, text messaging, roaming and other wireless access or communications services that You utilize in order to access, operate, or communicate with this Website.

CPR’s Technology, including any software or applications made available to You, is classified as a “commercial item” as defined in 48 C.F.R. § 2.101, and consists of “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. § 12.212. In accordance with 48 C.F.R. § 12.212 and §§ 227.7202-1 through 227.7202-4, all U.S. Government end users obtain the Software with only those rights expressly provided under these Terms.

Your use of the Website must comply with all applicable laws and regulations, including U.S. and international import, export, and re-export control laws. You may not transfer, transmit, export, or re-export any content, data, software, or technology that is subject to such restrictions to any country, entity, or individual, or for any prohibited end-use, without first obtaining all required governmental authorizations and ensuring full compliance with applicable export-control requirements.

These Site Terms are governed by and will be construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-law principles.
You irrevocably consent to the exclusive jurisdiction and venue of:

• the United States District Court for the Northern District of Georgia, and
• the state courts located in Cobb County, Georgia,

for any claim or dispute arising out of or relating to these Terms or your use of the Website. You agree not to initiate or prosecute any action or proceeding except in these designated courts. 

CPR and its affiliates reserve the right to investigate any suspected or reported violation of these Terms and to take any action we deem appropriate. This may include, without limitation:

• reporting suspected unlawful activity to law enforcement, regulators, or other appropriate third parties; and
• disclosing information we deem relevant to such parties, including User profiles, email addresses, usage history, posted materials, IP addresses, traffic data, and any other information we have collected from You.

We reserve the right to pursue all remedies available to us at law or in equity for any violation of these Terms. These Terms incorporate by reference any additional agreements or policies posted on the Website and constitute the entire agreement governing your access to and use of the Website. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.