Welcome to devicepitstop.com. This website is operated by Device Pitstop, LLC., (“we,” “us,” “our,” or “NTY Franchise”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our website (the “Web Site”) and all sales by NTY Franchise and are binding on all NTY Franchise customers.

Your use of our Web Site means that you accept and agree to these Terms of Use. If you do not agree to these Terms or our Privacy Policy, do not use or access the Web Site.

We may revise and update these Terms of Use from time to time at our sole discretion, and will post any updates to the Terms of Use on the Web Site. Your continued use of our Web Site, or any other service provided through devicepitstop.com, means that you accept and agree to the modified Terms of Use.

Intellectual Property: You are granted a non-exclusive, non-transferable, revocable license to access and use the Web Site. As a condition of your use of the Web Site, you warrant that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

All content included as part of the Web Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Web Site, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Web Site. Our content is not for resale. Your use of the Web Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Web Site content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any Web Site content.

We do not grant you any licenses, express or implied, to our intellectual property except as expressly authorized by these Terms.

Digital Millennium Copyright Act Policy: Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe that any content on the System infringes on the intellectual property of a third party, you may send it to: marketing@ntyfranchise.com or 4350 Baker Road, Suite 350, Minnetonka, MN, 55343. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Web Site that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Links to Other Websites and Connecting through Social Media: The Web Site may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Web Site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Web Site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification: You agree to indemnify, defend and hold harmless Device Pitstop, LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Web Site, your violation of these Terms or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications: Visiting the Web Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Web Site, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Warranty and Limitation of Liability: THE MATERIALS ON DEVICEPITSTOP.COM ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVICE PITSTOP, LLC., DOES NOT WARRANT THAT THE FUNCTIONS OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEVICE PITSTOP, LLC., DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR INFORMATION ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS OR ANY THIRD PARTY WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NTY FRANCHISE AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEVICE PITSTOP, LLC., OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Return Policy: You must inspect any purchased product upon delivery. If you believe any product is non-conforming or was shipped to you in error, you may reject the product in accordance with the requirements in “Return” section of the “devicepitstop.com” website.

Governing Law, Venue and Jurisdiction: These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Web Site or under these Terms of Use, the Privacy Policy, and any legal notices on this Web Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Miscellaneous Terms: These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the Web Site.

Contact Information: Questions or comments regarding the Web Site should be sent by e-mail to marketing@ntyfranchise.com or by mail to 4350 Baker Road, Suite 350, Minnetonka, MN, 55343.