I. Introduction

 

Welcome to the EasyRepair website ("Site").   This Terms of Use Agreement ("Agreement") sets forth the agreement between BGM Software, LLC d/b/a EasyRepair (collectively, "EasyRepair" or "we") and each user ("you" or "user") governing the use by you of this Site.  Please read this Agreement carefully before using this Site.  By using this Site, you agree to be bound by the terms and conditions contained in this Agreement.  If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.

 

We reserve the right to change these Terms of Use at any time. Such changes shall be indicated on the Site and shall become effective upon posting them to the Site. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the "Last Updated" date at the top of this webpage.   In the event we offer any additional or replacement services then these Terms shall apply to such services in the absence of any new agreement specific to such services.  By continuing to use this website after such changes are posted, you acknowledge that you have read and understood the revised terms and conditions and that you agree to be bound by all changes.

 

II. Not a Repair Facility

 

BGM Software, LLC and EasyRepair are providing a service for customers to access their auto body repair/collision repair providers.  EasyRepair is not affiliated with any specific auto body repair or collision repair facility.  BGM Software, LLC, does not perform or provide any automobile or repair services, either on its own or through EasyRepair.  All repair services, and all liability or warranties for such repairs, are exclusively handled by each customer’s selected auto body repair/collision repair provider.

 

Any issues or concerns with the timing or performance of the repairs, including any claims or litigation arising from such repairs or the agreement to perform repairs, must be brought directly to the repair provider.  By using this site, you agree that EasyRepair is not performing, and therefore is not responsible or liable for, any repair work, any agreement to perform repair work, or any act or omission by an auto body repair/collision repair provider or its agents or employees.  

 

III. Privacy

 

We Respect Your Privacy

 

The protection of customer’s information is of utmost importance to us.  We understand that you have the right to privacy and we also know that you expect us to keep your information safe and secure. We do not share non-public information about you with third parties without your consent, except as explained in the rest of the privacy statements.

 

We respect your privacy and the confidentiality of your personal data in compliance with the provisions of data protection laws. The purpose of this policy is to help you understand how the Site uses and protects your personal data.

 

1. The Site is owned and operated by the team at BMG Software, LLC d/b/a EasyRepair (“Us”, “We” or “Our”).

 

2. Personal data are information that identify you and that can be used online or offline in order to reach you.

 

3. We collect, store and process personal data during registration and/or customer support or technical service enquiries, and when you use our repair information and contact forms.

 

4. We may also collect personal data such as your IP address, user data, and browser type. This information is used for maintaining the Site, for improving services, and for security and monitoring purposes.

 

5. Stored personal information can contain your name, e-mail address, telephone and mobile phone numbers, home address, sex, birth date, credit card or bank account information.

 

6. We collect and pass on only information that is necessary for exercising rights and meeting obligations resulting from the Terms and Conditions of use, including but not limited to communicating your damage, repair, and insurance information to the repair providers, and for reaching our legitimate business goals.

 

7. Users under the age of 18 must not pass on any personal information without the explicit prior agreement of their legal representative.

 

8. We may use cookies and other techniques for passively collecting demographic information, personalizing your Site experience, and for monitoring advertising and other activities. Cookies are small files stored on your computer. We also use cookies for storing details of the content in your interest. We can combine cookies information with personal information.

 

9. Advertising that appears on this website can be supplied by our advertising partners. Our advertising partners can create cookies. These cookies can make it possible for the advertiser's server to recognize your computer. In this way the servers can gather information on the advertisements visited. This will allow our advertising partners to deliver advertising which they believe may be useful to you.

 

10. Most browsers are set to accept cookies any time you visit a website. You can block cookies or set your browser to warn you when cookies are being sent. Some areas of our site may not work correctly if cookies are blocked.

 

11. The Site may contain links transferring you from this Site to other websites. These websites linked to our Site are not within our control, and it is possible that another privacy policy is applicable to these websites. This privacy policy is therefore applicable to personal data exclusively that are used and stored on the Site or have been stored by us. We recommend that you use caution when you visit another website and familiarize yourself with that site’s privacy policy before you supply personal information.  We exclude any responsibility or warranty for third-party websites.

 

12. We do not disclose any personal information to third parties, other than auto body repair/collision repair providers, unless such disclosure is necessary for legal reasons or due to a request by the authorities.

 

13. We reserve the right to transfer personal information to a legal successor who acquires the right to use such information in case the Site is sold.

 

14. We will take the appropriate organizational and technical measures for protecting personal information, and we shall store personal information only as long as necessary to fulfill its specific purpose and to meet the legal requirements in force.

 

15. We reserve the right to modify the data protection measures and the present privacy policy should it become necessary. We shall notify you on any changes on our Site.

 

16. Should you wish to exert your right of viewing, correcting, terminating or removing any personal information, please contact us. We will meet your request in a reasonable period of time and after proof of your identity, provided that we do not infringe any legal provisions by so doing.

 

IV. Copyright; Trademarks

 

You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of EasyRepair or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners.

 

Except as expressly authorized by this Agreement or on the Site, copying, downloading, or using any content contained on this Site, including, without limitation, documents, pictures, sound documents, video sequences, or any other copyrighted or copyrightable materials is not allowed without our prior and explicit consent.

 

EasyRepair authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.

 

The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site, including custom graphics and button icons, are the sole property of EasyRepair and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the proper owner of the Marks.  EasyRepair will enforce its intellectual property rights to the fullest extent of the law.

 

V. Links; Third Party Websites

Links on the Site to third party websites, including links through advertisements, are provided only as a convenience to you. We have no control over the content of such websites and therefore you cannot rely on their accuracy or completeness.  If you use these links, you will leave the Site. EasyRepair does not control or endorse any such third-party websites. You agree that EasyRepair Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

 

VI. Disclaimer; Limitation of Liability

 

DISCLAIMERS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT SOME CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON THE SITE, ANY INFORMATION THEREIN, OR IT’S CONTINUATION.  ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO THE SITE, YOU MAY LEAVE THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH TERMS HEREIN AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

 

WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

 

EASYREPAIR PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EASYREPAIR OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EASYREPAIR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE SERVICES LISTED OR PROVIDED ON OR THROUGH THE SITE.

 

FURTHER, WITHOUT LIMITING THE FOREGOING, WE SHALL UNDER NO CLAIM OR CIRCUMSTANCE BE LIABLE FOR (1) ANY DAMAGES IN EXCESS OF THREE TIMES THE MOST RECENT FEE THAT YOU PAID US, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER, OR (2) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SITE OR ANY OF OUR SERVICES, ANY APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THE PRECEDING SENTENCE SHALL:

 

1.       APPLY REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND

2.      NOT APPLY TO ANY DAMAGE THAT WE CAUSE YOU INTENTIONALLY AND KNOWINGLY, OR THROUGH GROSS NEGLIGENCE, IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DEROGATED FROM IN THIS AGREEMENT.

3.      MOREOVER, WE DO NOT ACCEPT ANY LIABILITY FOR:

 

A)        DIRECT OR INDIRECT DAMAGE CAUSED BY THE USE OF INFORMATION OR DATA TO BE FOUND ON THE SITE.

B)        ANY MALFUNCTION OF THE SITE.

C)        THE SITE'S CONTENTS' FREEDOM FROM ERRORS.

D)        THE LEGALITY OF THIRD PARTIES' WEBSITES TO WHICH REFERENCE IS MADE THROUGH LINKS ON THE SITE.

E)        FOR THE CONTENTS AND INFORMATION ENTERED BY MEMBERS.

F)        FAILURES WITHIN THE SERVICE NETWORK NOT CAUSED BY US.

 

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EASYREPAIR AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

VII. Indemnification

 

You agree to indemnify, defend and hold harmless BGM Software, LLC and EasyRepair against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

 

VIII. Site Usage; Termination of Usage

 

You may be required to establish an account on this Site in order to take advantage of certain features of this Site, such as making a purchase. If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or EasyRepair has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, EasyRepair has the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.

 

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EasyRepair of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying EasyRepair. EasyRepair cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. The contents you provide may not violate the law, administrative orders, public policy or the rules set out herein.

 

You shall not to enter any content, information, or any other material into the Site other than that necessary to communicate your auto damage, insurance, and repair need.  You shall not to enter any content that may infringe existing rights and/or may cause offence, especially defamatory or other offensive material or material that might damage other Members or the Site or Us. You agree not to endanger or disturb the functioning of the Site in any way, and not to access or attempt to access data you are not allowed to access. You must ensure that information transferred or data you enter are not infected with viruses, worms etc.

 

You further agree that you will not access this Site by any means except through the interface provided by EasyRepair for access to the Site. Running or displaying this Site or any information or material displayed on this Site on another website without the prior written authorization of EasyRepair is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

 

EasyRepair makes no representation that Materials contained on the Site or services described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not EasyRepair, are responsible for compliance with applicable local laws.

 

This Agreement is effective unless and until terminated by either you or EasyRepair. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. EasyRepair also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in EasyRepair's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or EasyRepair. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. EasyRepair reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that EasyRepair Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

 

You agree that EasyRepair may terminate or suspend your access to all or part of this Site, without notice, for any conduct that EasyRepair, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or EasyRepair Parties.



IX. Applicable Law; Jurisdiction; Dispute Resolution

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Georgia and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Fulton County, Georgia.


TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EASYREPAIR HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR EASYREPAIR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

X. GENERAL TERMS

 

Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

 

Notices: We may notify you via postings on the Site, and/or via email or any other communications means to contact information you provide to us. You may also notify us via email at [email protected] or via mail or courier at ­­­­­­­­­­­­­­­­­­4313 Angelina Dr. Plano, Texas 75075; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

 

Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the products and services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

 

No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by a duly appointed officer of BGM Software, LLC.

 

No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any content or other material used or displayed through the Site.

 

Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially.

 

XI. Contact Information

 

If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible. Our contact information is:

 

BGM Software

4313 Angelina Dr.

Plano, TX 75074

 

[email protected]