(U.S. Retail Repairs)

These Terms & Conditions (T&Cs) govern the service of your product by Genius Computer.

1. Genius Computer will service your product as described and for the charges shown on the Work Authorization plus any applicable tax. Genius Computer may restrict service to one (1) product per customer during your visit to the Genius Computer. When the service is covered by Genius Computer’s warranty, extended service contract or consumer warranty law, those terms or applicable law will apply.

2. If service is needed due to failure of parts that are not original to the product or due to damage caused by abuse, misuse or any external cause, Genius Computer reserves the right to return the product to you without servicing it, and may hold you responsible for any indicated diagnostic fee.

3. If service requires labor and/or parts not specified on the Work Authorization, Genius Computer may seek your approval of a revised estimate. If you do not agree that Genius Computer may revise the charges, Genius Computer may return your product and hold you responsible for any indicated diagnostic fee.

4. Genius Computer may use parts or products that are new or equivalent to new in reliability and performance. Genius Computer will retain the replaced part or product that is exchanged as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by Genius Computer for value. If applicable law requires Genius Computer to return a replaced part to you, you agree to pay Genius Computer the additional cost of the replacement item.

5. Genius Computer warrants for a period of ninety (90) days from the date of service (1) that service will be performed in a competent and workmanlike manner and (2) that all parts used to service your product will be free from defects in materials and workmanship, unless otherwise specified by Genius Computer. The foregoing warranty is an express limited warranty and in the event of breach, Genius Computer will either (i) re-perform the service, (ii) repair or replace the part, or (iii) refund the cost of the service provided. In order to claim under the warranty you must return your product to the location where service was performed, at your expense. THIS WARRANTY AND ASSOCIATED REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. GENIUS COMPUTER SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF GENIUS COMPUTER CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS LIMITED WARRANTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENIUS COMPUTER AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. APPLE SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN APPLE’S CUSTODY, GENIUS COMPUTER’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, GENIUS COMPUTER’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY APPLE FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY APPLE UNDER THESE TERMS AND CONDITIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Genius Computer that your product has been serviced, Genius Computer will consider your product abandoned and may dispose of your product in accordance with applicable law.

8. If service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize Genius Computer to transfer the information and accept such terms on your behalf in performing the service.

9. These T&Cs are the only ones that govern Genius Computer’s service of your product.

10. You agree and understand that it is necessary for Genius Computer to collect, process and use your personal information in order to perform service under these T&Cs. Genius Computer will protect your information in accordance with Genius Computer Customer Privacy Policy available at URL www.gcrdenver.wordpress.com/terms