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TERMS AND CONDITIONS

(February 20, 2019)

OVERVIEW
Welcome to Jurski Consulting! The services on this site are offered to you by "Jurski LLC." parent company of DBA "Jurski Consulting".

This website is operated by Jurski LLC. Throughout the site, the terms (“Company”, “Jurski Consulting”, “Jurski NYC”, “we”, “us” and “our”) refer to Jurski LLC. Jurski LLC offers this website, including all information, tools and services available from this site to you, the user (“You”, “Yours”, “Customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing services from us, you engage in our (“Service”, “Services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

As part of the support or repair Services provided to the Customer, the Jurski LLC is providing support Services and/or replacement parts (“Parts”) and/or accessories (“Accessories”) supplied by Jurski LLC, whichever applicable, to your electronic device (“Device”).

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE SERVICES TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - TRADEMARKS AND COPYRIGHT
All trademarks, copyright, service marks and trade names of Jurski LLC used in the site are trademarks or registered trademarks of Jurski LLC.

iPhone®, iPad® are registered trademark of Apple®, and JURSKI LLC is not affiliated to Apple® Inc. Android® are registered trademarks of Google®, JURSKI LLC is not affiliated with Google Inc. Galaxy®, Note® registered trademark of Samsung®, and JURSKI LLC is not affiliated to Samsung Electronics®.

You agree not to copy, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any JURSKI LLC rightful trademarks unless expressly permitted by JURSKI LLC in writing.

SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - SERVICES
Certain services may be available exclusively online through the website. These services may have limited quantities and are subject to cancellation according to our Cancellation Policy.

We have made every effort to display as accurately as possible the colors and images of our services that appear at the website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of Services are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited.

We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel Service per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by bots, dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Cancellation Policy.

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, delivery and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, durability, title, and non-infringement.

In no case shall Jurski LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - WORK AUTHORIZATION AND SERVICE WAIVER
All customers requesting Jurski LLC Services agree to the following waiver:

15.1 IT Services Waiver
I authorize Jurski LLC to perform repair work on my electronic device. I understand that the Jurski LLC repair specialist(s) have been trained to perform computer and mobile services and repairs. Further, I agree to release, indemnify, and hold Jurski LLC from liability for any claims or damages of any kind or description that may arise from any electronic device repair or service work performed on the device unless it is caused by severe negligence of Jurski LLC, or its agent(s).

15.2 Data Loss Waiver
I understand that Jurski LLC has no liability for any data loss, which may occur as a result of work done on my electronic device. I also understand that I have the option to, and I am responsible for backing up the device before allowing Jurski LLC to work on my device in the event of any data loss and hardware or software failure.

15.3 Manufacturer Warranties Waiver
I understand that repairs or technical support rendered by Jurski LLC may void manufacturer warranties for this electronic device. Jurski LLC and its affiliates do not assume any liability or warranty in the event that the manufacturer warranties are voided but may, at its sole discretion, offer its own warranty on the parts and/or services performed.

15.4 Electronic Device Condition Waiver
I further understand that it is my responsibility to inform Jurski LLC accurately with regard to the model description and condition of my electronic device, as well as whether any modifications, services, or repairs have previously been attempted or completed. A Jurski LLC repair specialist(s) will perform a check-in diagnosis of my device to evaluate its condition.

15.5 Shipping Waiver:
If the device is shipped and arrives at Jurski LLC in noticeably different condition than previously described, I acknowledge that additional charges may apply. I understand that a Jurski LLC repair specialist will contact me to discuss the discrepancies and potential additional costs. As the customer, I recognize that the careful shipping or storage of my electronic device to Jurski LLC is my responsibility. If the product arrives with further damage, or is lost in transit, I bear full responsibility for that risk of loss as the shipper.

15.6 Other Waiver
If any device should be lost or damaged further than the condition it was released to Jurski LLC in, Jurski LLC liability will be limited to the cost of repair or replacement of the device, whichever applicable, to Jurski LLC in its condition at the time of transfer to Jurski LLC based on current fair market value. Jurski LLC liability for damages from any cause when it comes to repairing your product is limited to the cost of the repair service or a comparable replacement device. Jurski LLC and its affiliates have no liability whatsoever for indirect or consequential damages resulting from a repair or repair attempt, including any lost or damaged data, software, or lost profits or revenue of the customer.

15.7 Limited Warranty
Company warrants to you that from the date of the Service rendered or Parts, or Accessories provided to you, Company will provide 30 days of Service to remedy your device so long as you remain the owner (“Warranty Period”), each Part and Accessory provided to you under this Agreement will be materially free of manufacturing defects. Company’s sole obligation, and your sole remedy, under this warranty is limited to, at Company’s sole discretion, Service to remedy the Device or repair or replacement of the defective Part or Accessory. This warranty is non-transferable.

Company’s obligations under this warranty are conditioned on your prompt notification in the 30 days of warranty period to the Company of any warranty claim and complying with Company’s then-current warranty procedures provided to you. This warranty specifically excludes (i) any Part or Accessory that was altered, repaired, or modified by a party other than Company without Company’s prior written consent; (ii) any defects, damage or errors that (1) occurred after shipping or Services provided by Company, (2) were the result of improper testing, installation, storage, mishandling, abuse, misuse, accident or causes other than ordinary use of the Device or Part or Accessory, or (3) use of the Part or Accessory in conjunction with another product which is incompatible, or of an inferior quality; (iii) warranty claims by any individual other than you, or warranty claims after the Warranty Period; and (iv) any warranty claim for which Company determines that there is no defect in the returned Part or Accessory.

For repair-related warranty claims. You must return the device using proper means. You must comply with the additional warranty and return procedures provided to you by Company. You assume risk of loss or damage to any Part or Accessory returned to Company for repair or replacement until delivery to Company.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER COMPANY, NOR THEIR SUPPLIERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE PARTS OR ACCESSORIES. ALL PARTS AND ACCESSORIES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. No advice or information, whether oral or written, obtained by you from Jurski LLC or otherwise will create any warranty, representation or guarantee by Company not expressly stated herein.

15.8 Limitation of Liability
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF THE PARTS OR SERVICES, INCLUDING WITHOUT LIMITATION (A) FOR ERROR OR INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS; OR (C) FOR ANY AMOUNTS THAT ARE IN EXCESS OF THE TOTAL AMOUNTS PAID BY YOU FOR THE PART OR ACCESSORY FROM WHICH SUCH DAMAGE AROSE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, AND Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.


SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jurski LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York State.

SECTION 21 - ARBITRATION
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $5,000 dollars amount, in which case the dispute shall be heard by a panel of three arbitrators. The place of arbitration shall be Brooklyn, NY. The arbitration shall be governed by the laws of the State of New York. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The standard provisions of the Commercial Rules shall apply. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@jurskinyc.com.