Terms of service
Terms of Service – Clarks ER
OVERVIEW
Welcome to Clarks ER! The terms "we", "us" and "our" refer to Clarks ER. Clarks ER operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated service experience (the "Services"). Clarks ER is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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 you have consent from a parent or legal guardian.
To use the Services, including submitting a device for repair or accessing our online system, you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent that all information provided is accurate and complete.
You are responsible for maintaining the security of your account and activity. You may not transfer or share your account.
SECTION 2 - OUR SERVICES
Clarks ER provides electronic diagnostic and repair services.
We make every effort to accurately describe our services; however, results may vary depending on device condition, prior damage, or undisclosed issues.
We do not guarantee that any repair outcome will meet customer expectations or restore a device to factory condition.
Service availability, pricing, and repair capabilities may change at any time without notice.
SECTION 3 - ORDERS AND SERVICE REQUESTS
When you submit a device or place an order, you are requesting a service offer from Clarks ER.
We reserve the right to accept or decline any service request at our discretion.
Your request is not accepted until we confirm intake and begin processing your device. Payment may be required before services begin.
You agree that service requests are subject to our Refund Policy [LINK].
SECTION 4 - PRICES AND BILLING
Prices, deposits, and service fees are subject to change without notice.
All pricing shown is in effect at the time of service request or checkout.
You agree to provide accurate billing and payment information and authorize Clarks ER to charge for services approved by you, including diagnostic, repair, shipping, and additional fees where applicable.
SECTION 5 - SHIPPING AND DELIVERY
Clarks ER is not liable for delays caused by shipping carriers or external factors.
All shipping times are estimates only.
Once a device is transferred to a carrier, risk of loss during transit is the responsibility of the customer or carrier, as applicable.
SECTION 6 - INTELLECTUAL PROPERTY
All content, branding, and materials related to Clarks ER are owned by Clarks ER and protected by intellectual property laws.
You may not copy, reproduce, or distribute our materials without permission.
SECTION 7 - THIRD-PARTY TOOLS
We may provide access to third-party tools or integrations. These are provided “as is” without warranties or liability.
SECTION 8 - THIRD-PARTY LINKS
We are not responsible for third-party websites or services linked through our platform.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Clarks ER is powered by Shopify, which enables us to provide the Services to you. However, all transactions are directly between you and Clarks ER.
Shopify is not responsible for any aspect of service, repair outcomes, or transactions between you and Clarks ER.
SECTION 10 - PRIVACY POLICY
All personal information is governed by our Privacy Policy [LINK].
By using the Services, you acknowledge that data may be processed by Shopify and other service providers to operate the platform.
SECTION 11 - FEEDBACK
Any feedback or suggestions submitted may be used by Clarks ER without restriction or compensation.
SECTION 12 - ERRORS AND OMISSIONS
We reserve the right to correct errors, update information, or cancel service requests if information is inaccurate.
SECTION 13 - PROHIBITED USES
You may not use our Services for unlawful purposes, abuse staff, submit fraudulent claims, or interfere with the operation of the Services.
SECTION 14 - AGENTS
(Shopify-required section – unchanged for compliance)
SECTION 15 - TERMINATION
We may terminate access to Services at any time if Terms are violated.
SECTION 16 - DISCLAIMER OF WARRANTIES
All Services are provided “as is” and “as available” without guarantees of any kind.
Clarks ER does not guarantee repair success, device functionality after service, or uninterrupted service.
SECTION 17 - LIMITATION OF LIABILITY
Clarks ER is not liable for any damages, data loss, device failure, or indirect losses resulting from use of our Services.
SECTION 18 - INDEMNIFICATION
You agree to indemnify Clarks ER and Shopify from claims arising from your use of the Services or violation of these Terms.
SECTION 19 - SEVERABILITY
If any part of these Terms is found unenforceable, the remaining sections remain valid.
SECTION 20 - ENTIRE AGREEMENT
These Terms and associated policies represent the full agreement between you and Clarks ER.
SECTION 21 - ASSIGNMENT
You may not transfer your rights under these Terms without permission.
SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of the United States and the State of Ohio.
SECTION 23 - HEADINGS
Headings are for convenience only.
SECTION 24 - CHANGES TO TERMS
We may update these Terms at any time. Continued use of Services means acceptance of changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms should be sent to:
Clarks ER
Dayton, OH
(937) 340-1744