The following constitutes the terms (“Terms”) of your Classic Computer Repair Membership (“CCR Membership”). These Terms are between you and Gnesotto Media, LLC d/b/a Classic Computer Repair and/or its affiliates or authorized third party service providers (“Classic Computer Repair,” “CCR,” “We,” or “Us”) and govern our respective rights and obligations. These Terms and any special pricing, promotional offers or other benefits provided to you in connection with the Membership, or for use of the Membership, constitute the entire agreement between you and CCR related to the Membership. For more information on this, see Section 20. By enrolling in and continuing to use the Membership, you accept these terms, conditions, limitations and requirements. We may make changes to these Terms or terminate the Membership program. If we make material changes or terminate the program, we may notify you by email.
NOTE THAT THIS IS AN AUTOMATICALLY RENEWING MEMBERSHIP. FOR MORE INFORMATION ON THIS, SEE SECTION 11.
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW SECTION 16 BELOW REGARDING DISPUTE RESOLUTION.
We will provide the Membership services to the person who is identified as the Member of CCR Membership (“Member,” “You,” or “Your”) and the Member’s family living at the Member’s primary home address. Any Membership benefits that are to be received in, or delivered to, the home, will only be available at the primary home address associated with this Membership,
which must be located in Roscommon and Crawford Counties (“Member Address”). Additional information regarding eligibility for Membership benefits is set forth in Section 11 below.
You may obtain help with Your Membership by logging into the Member’s account at ccrnorth.com/subscriptions or by calling Us at (989)281-1409. All calls must be made from the telephone number associated with Your Membership.
In-home services will be performed during CCR’s normal business hours at the Member Address identified on Your Membership profile only. Services will be performed by a CCR agent or a CCR-authorized third-party service provider at our discretion. We may use tools We deem necessary for our technical support and services, including remote access, and We may install software that allows You to obtain additional technology services.
As a condition to Membership, the Member must establish and/or maintain a free account for the entire duration of Membership and provide information to confirm the Member Address. CCR may rely upon the information provided on Your account Membership profile as the Member Address. There is no cost to have an account but there are various benefits. The Member authorizes Us to automatically create a CCR account for the Member and to link this newly established CCR account to the Membership. If We automatically create a CCR account for the Member, We will send the Member an email confirming enrollment. This email will contain a link to the Terms and Conditions, which the Member will be deemed to have read and consented to if the Member does not subsequently cancel the enrollment within 30 days of receipt of such email. If the Member elects not to consent to the Terms and Conditions by cancelling within 30 days of receipt of such email, or if the CCR account linked to the Membership is closed at any time for any reason, We may, at our option, cancel Your Membership.
Before We service Your device or any other equipment, if applicable, it is Your responsibility to (1) back-up the data, software, information, or other files stored on Your hard disk drives or any other data storage device; and (2) remove and/or disconnect all USB flash drives, optical discs, external hard drives, and other removable data storage devices and media from Your device or
other equipment that You provide to us. At Your request, We will back-up the data on Your device. We are not responsible for damage to or loss of any software or data that was residing or recorded on Your devices and/or equipment.
At our discretion, We may ask questions and take steps to verify that the person using the Membership benefits is the Member or is a family Member residing at the same Member Address as the Member and/or is in lawful possession of the product(s) for which that person is seeking assistance. Further, to receive the Membership benefits, the person seeking entitlement will need to proactively self-identify as a Member and provide sufficient information to Us such that We can process any resulting transaction as a Member benefit. Membership cannot be assigned or transferred. You agree only persons who have reached the age of majority may enter into a Membership and accept these Terms during Your Membership.
The Classic Computer Repair Membership begins on the date it is initially purchased and will continue indefinitely on either a year-to-year basis if You purchased a yearly membership or a month-to-month basis if You purchased a monthly membership until it is cancelled. You authorize Us to charge Your designated payment card at the beginning of each billing period for the then-current price plus tax for the membership, subject to Us giving notice to You of any price changes as per section 11(g) below. You may cancel Your membership at any time subject to the terms of Section 11 below.
We shall not be liable for any failure or delay in performance due to any cause beyond our control. We may refrain from providing Membership benefits, wholly or in part, on the basis that the minimum system requirements are not met or if Your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms, as determined by Us.
The Membership benefits are provided on an “as is” and “as available” basis. We make no warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Membership benefits will meet Your requirements, or that the Membership
benefits will be uninterrupted, timely, secure, or error free; nor do We make any warranty as to the results that may be obtained from the use of the Membership benefits or as to the accuracy or reliability of any information obtained through the Membership benefits. Your use of the Membership benefits and any material and/or data downloaded or otherwise obtained through the use of the Membership benefits is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer/system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You from Us or through the Membership benefits shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
To the maximum extent permitted by law: (a) We will under no circumstances be liable to You for any indirect, incidental, special or consequential damages, including but not limited to costs of recovering, reprogramming, or reproducing any program or data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from our obligations under these terms; and (b) our total liability under these terms shall not
exceed the original purchase price of the membership including taxes. The limitations in this section will not limit or exclude liability caused by our gross negligence, intentional misconduct or fraud.
Any dispute involving You and CCR or any of its agents must be resolved through individual arbitration. The term “dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to Your relationship or interaction with CCR, its agents, and its present and future subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) Your use of CCR’s websites; (2) Your subscription-based services; (3) Your receipt of delivery, repair or installation services or consultation services provided by CCR or its agents; (4) any communications between You and CCR; (5) application for financing; and/or (6) Your purchase of products or services offered, sold, or distributed by CCR including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such products and services. If You are a CCR Member, Dispute shall also include all disputes that arose before Your enrollment in, and after the cancellation or termination of, the CCR Membership program, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Before either Party may initiate an arbitration proceeding, You and CCR agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If You intend to initiate an arbitration proceeding, You must first send a fully completed notice of Your Dispute (“Notice”) to CCR. The Notice must include Your name,
address, telephone number, email address, and information sufficient to enable CCR to identify any transaction at issue. The Notice must also include a detailed description of (1) Your Dispute; (2) the specific facts supporting Your claim(s); (3) the nature and basis of the damages You claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by You and sent to CCR at
or by email at [email protected]. If CCR intends to initiate an arbitration proceeding, it will send a Notice to You at the contact information We have on file. If requested by CCR as part of this mandatory informal dispute resolution process, You agree to personally participate (along with Your counsel if You are represented) in a telephone conference to discuss the potential resolution of the Dispute between You and CCR. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), You or CCR may proceed with individual arbitration (this informal process is a condition precedent to doing so.). If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent, which includes the
power to enjoin the filing or prosecution of a demand for arbitration.
If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (“AAA”) that describes the nature and basis for the claim and includes all of the information required in the Notice. The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. You may serve a copy of a demand on Classic Computer Repair, 451 W. Federal Highway, Roscommon, MI 48653
The arbitration will be governed by the AAA’s applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, another arbitration provider shall be selected by the Parties that will administer the arbitration consistent with it. If the Parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this Dispute Resolution section.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
The Parties shall be responsible for their own attorney’s fees and costs in arbitration unless the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in person hearing in the county where You live or at another mutually agreed upon location. CCR reserves the right to request a hearing from the arbitrator. You agree to personally appear at any in person hearing (along with Your counsel if You are represented).
YOU AND CCR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both You and CCR agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that a claim for public injunctive relief may not be waived, and all appeals as of right from that decision have been exhausted or the time for taking an appeal of right has elapsed, then the Parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS DETERMINED TO BE UNENFORCEABLE AS A MATTER OF LAW. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
This dispute resolution provision shall be governed by the Federal Arbitration Act, 9 USC § 1, et seq. It shall survive any termination or cancellation of, or Your participation in, any Membership programs or subscription services and Your relationship with CCR.
The Federal Arbitration Act, 9 USC § 1, et seq., and applicable federal law (or in the absence of applicable federal law, then the laws of the state of Michigan), without regard to principles of conflict of laws, will govern these terms and apply to any disputes or claims between You and CCR.
You agree to receive electronic delivery of the Terms and Conditions at the email address provided in Your Member profile. You also agree to receive electronic delivery of any Membership related communications at the e-mail address provided in Your Member profile.
CCR or any of its affiliates, subsidiaries, and their authorized independent third parties performing services on Our behalf may call, text, or email You to schedule, provide support or service, update orders, follow up for feedback, and/or inform You about other products/services. Calls may be prerecorded. Calls and texts may be automated. Consent for follow up calls or texts is not a condition of purchase. Message and data rates may apply.
These Terms together with any special pricing, promotional offers or other benefits provided to You in connection with the Membership, or for use of the Membership, constitute the entire agreement between You and Us with respect to the services and benefits to be provided to You under the CCR Membership and will prevail over any conflicting, additional, or other terms of any marketing or other document or representation. Employees and agents of CCR have no authority (apparent, express, implied, or otherwise) to alter or modify the terms of this Agreement either orally or in writing.
Last Updated: July 2024