THIS IS A LEGAL CONTRACT BETWEEN YOU AND ZIP EXPRESS INSTALLATIONS, INC. ("Zip"). READ THIS AGREEMENT CAREFULLY.

SERVICES TERMS. This Agreement shall set forth the terms and conditions under which Zip shall provide you with the services you have agreed to purchase from Zip (the services you have agreed to purchase from Zip shall be collectively referred to as the "Services"). Zip reserves the right to have a third party perform the Services. Zip will not perform the Services outside of the continental United States.

TV INSTALLATION SERVICES. THESE TERMS SHALL APPLY ONLY TO THE TV INSTALLATION SERVICES YOU HAVE AGREED TO PURCHASE FROM ZIP (collectively the "TV Services").

YOUR RESPONSIBILITIES PRIOR TO ZIP'S PERFORMANCE OF THE TV SERVICES. Prior to scheduling TV Services, it is your responsibility to ensure: (a) that the product to be installed and all items necessary for installation are available to the technician and are located in the immediate area where the installation is to take place; (b) that the physical installation site is adequate to properly house the product and any components; (c) the availability of adequate power to properly run the product and any components; (d) that all cables required for the connection of the product and components are available to the technician; and (e) that the wall mounting bracket is available to mount the product (if applicable). IMPORTANT NOTICE. IF ANY OF THE ITEMS OR TASKS YOU ARE REQUIRED TO PROVIDE OR PERFORM ARE NOT IMMEDIATELY AVAILABLE OR FINISHED UPON THE TECHNICIAN'S ARRIVAL, THE TECHNICIAN WILL ACCOMPLISH AS MUCH OF THE SERVICE AS REASONABLY POSSIBLE AND YOU WILL BE RESPONSIBLE FOR ANY FURTHER INSTALLATION OR SET UP OF YOUR PRODUCT. IN SUCH EVENT YOU WILL YOU NOT BE ENTITLED TO ANY REFUND OR CREDIT OR TO RECEIVE ANY ADDITIONAL TV SERVICES FROM ZIP.

TV SERVICES LIMITED TWO YEAR WARRANTY. Zip shall provide you with a 2-year limited warranty on all labor included with the TV Services. Zip will correct any material defects in the workmanship of the TV Services if reported to Zip within 2-year of the date the TV Services were performed. This limited warranty does not include any warranty on the products installed by Zip or any related parts or equipment. If Zip is unable to correct any such material defects within a reasonable time, Zip shall, as its sole remaining warranty obligation, and as your sole remaining warranty remedy, refund to you the price you paid for the TV Services. The manufacturer of the products installed by Zip, or the retailer from which you purchased such products, is solely responsible for all warranties, if any, related to such products. This warranty for the TV Services shall not apply in if your inability to use the products, or your less than satisfactory use of the products, is due to: (a) failure of the product; (b) power problems, environmental problems or any cause other than the TV Services; (b) modification of the product or the provision of installation services by any party other than Zip; or (c) your misuse, errors or negligence in operating the product. Zip shall not be obligated to cure any defects in TV Services unless you notify Zip of the existence and nature of such defect promptly upon discovery. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZIP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. A paper copy of this warranty is available on request.

TV SERVICES AND CABLE/SATELLITE. We recommend scheduling installation of cable or satellite prior to the performance of the Services; this ensures proper integration with your entire system.

RESPONSIBILITIES OF TV SERVICES CUSTOMERS. Zip will not be held responsible for moving any furniture or valuables. Zip will not, under any circumstances, move, alter or install electrical outlets. It is recommended to have necessary electrical work performed prior to the performance of the Services.

TV SERVICES COVER LABOR ONLY. TV Services do not include any parts or accessories (for example, wire, cable, speaker mounts or similar parts), except as specifically described on the product page for the applicable TV Services.

MATERIALS AND TV SERVICES. Zip cannot warrant that TV Services involving lath and plaster walls will not result in cracks. Zip will do everything in our reasonable power to eliminate the possibility of such cracks, but due to the nature of that type of service, Zip cannot be responsible for any resulting damage to your walls.

TERMS AND CONDITIONS RELATED TO PERSONAL COMPUTERS, GAME CONSOLES, COMPUTER NETWORK AND VIRUS REMOVAL SERVICES (collectively the "PC Services"). THESE TERMS SHALL ONLY APPLY TO THE PC SERVICES.

THIRD PARTY SOFTWARE. If the PC Services include the installation or activation of third party software, Zip shall have the right to accept the terms and conditions of the End User License Agreement or "EULA" associated with such third party software on your behalf.

REMOTE PC SERVICES. Certain PC Services, including, but not limited to, virus removal and computer support may be provided on a remote basis. In order to provide such PC Services on a remote basis, Zip may need to temporarily access and control your personal computer. In addition, such remote PC Services may require Zip to download and install on a temporary basis certain software. Zip shall remove such software upon completion of such PC Services; a text file regarding the computer software used by Zip shall remain on your computer for future reference (you can delete this text file).  Notwithstanding the foregoing, some third party service providers do not remove such programs or files upon completion of the PC Services. In the event that Zip employs a third party service provider to assist with or provide certain of the remote PC Services, you may be required to agree to additional terms and conditions prior to Zip's or such third party's performance of such PC Services.

DATA BACK-UP. YOU UNDERSTAND AND AGREE THAT PRIOR TO ALLOWING ZIP TO PERFORM PC SERVICES IT IS YOUR RESPONSIBILITY TO BACK-UP ALL DATA, SOFTWARE, INFORMATION OR FILES STORED ON YOUR COMPUTER. YOU ACKNOWLEDGE AND AGREE THAT ZIP SHALL BE NOT LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR DATA, SOFTWARE, INFORMATION, FILES OR SOFTWARE.

PC SERVICES REQUIREMENTS. In order for certain PC Services to be performed you will have to provide ZIP with the "administrator" password for your personal computer. If you do not have that password when ZIP is ready to provide the PC Services, ZIP may charge you an additional charge to recover such password. ZIP will not install or re-install software as part of the PC Services unless you provide ZIP with the original key code provided by the software manufacturer. In addition, ZIP will not install or re-install software as part of the PC Services to the extent that ZIP has determined that you do not have the legal right to down-load and/or use such software. Notwithstanding ZIP's right not to perform such installation or re-installation services in the event that ZIP believes that you don't have the required legal rights to down-load or use such software, ZIP shall have no obligation to verify your legal rights to down-load or use any software.

ADDITIONAL PC SERVICES. To the extent that the on-site PC Services purchased include software installation, other software services, memory installation, sound./video card installation and/or network card installation, ZIP agrees that it will make available additional PC Services at the same time to the extent that (a) ZIP's services technician has the time available to perform such additional PC Services; and (b) you have paid for such additional PC Services.

PC REQUIREMENTS FOR WIRELESS NETWORK SERVICES. In order for ZIP to provide PC Services related to the installation and activation of a home computer wireless network, you will need: (a) to have personal computers that each have at least 10MB of available disk space and 32MB of RAM; (a) to make all applicable personal computer and Internet Service Provider passwords available to ZIP; (c) to have all personal computers operating on the Window 98 SE or newer operating system; (d) to make all applicable operating system software disks and key codes provided by the software manufacturer available to ZIP; and (e) personal computers and peripherals that are in good working order and free form viruses, spyware and malware.

CONNECTION TO THE INTERNET. Prior to providing the PC Services it will be your responsibility to install and establish an internet connection to your residence and/or personal computer.

PC SERVICES LIMITED WARRANTY. Zip shall provide you with a limited thirty (30) day warranty on all labor included with the PC Services; however, for PC Services related to virus removal this warranty is valid only if anti-virus software protection for your personal computer is installed or updated as part of the PC Services. If you notify Zip within such warranty period with a problem or issue related to the PC Services, Zip shall work with you to promptly resolve any such problem or issue. This limited warranty does not include any warranty on the products installed by Zip or any related parts or equipment. If Zip is unable to correct any such problem or issue within a reasonable time, Zip shall, as its sole remaining warranty obligation, and as your sole remaining warranty remedy, refund to you the price you paid for the PC Services.

LIMITED WARRANTY FOR PC SERVICES PROVIDED BY ZIP EXPRESS INSTALLATION: For those PC Services provided by Zip, this warranty paragraph shall apply.  If you believe that Zip Express Installation was unable to solve your problem or do the work that was promised, you may contact ZIP for a refund of any fees that you have already paid for such deficient PC Services.  ZIP will refund such fees up to a maximum amount equal to Two Hundred U.S. Dollars (U.S. $200.00) per such instance, provided ZIP receives your request within forty-eight (48) hours after the completion of the deficient PC Services.  ZIP reserves the right to request additional information from you, or reject the request for a refund, if ZIP reasonably believes that a refund request is abusive. For Zip Express Installation PC Services related to virus removal this warranty is valid only if anti-virus software protection for your personal computer is installed or updated as part of the PC Services. 

The manufacturer of the products installed by Zip, or the retailer from which you purchased such products, is solely responsible for all warranties, if any, related to such products. This warranty for the PC Services shall not apply in if your inability to use the products, or your less than satisfactory use of the products, is due to: (a) failure of the product; (b) power problems, environmental problems or any cause other than the PC Services; (b) modification of the product or the provision of installation services by any party other than Zip; or (c) your misuse, errors or negligence in operating the product. Zip shall not be obligated to cure any defects in PC Services unless you notify Zip of the existence and nature of such defect promptly upon discovery. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZIP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. A paper copy of this warranty is available on request.

GENERAL TERMS OF SERVICES. THESE TERMS SHALL APPLY TO ALL SERVICES.

SCOPE OF SERVICES. Please reference desired product page for the applicable Services details.

SERVICES RETURNS CANNOT BE ACCEPTED AFTER SERVICES ARE COMPLETED.

PAYMENT FOR SERVICES. Payment for the Services (and related products) is due prior to the performance of such Services. You hereby agree and accept that Zip is authorized to use your credit and/or debit card for the purpose of charging you for all fees and applicable taxes associated with your purchase of the Services.

ADDITIONAL CHARGES. Installation technicians will provide an estimate to you prior to performing work that requires an additional charge. Additional charges, fees and expenses may apply if you request work that is outside of your purchased Service type. You may purchase such additional Services: C.O.D. payable by credit card.

SERVICES AUTHORIZATION. Someone at least 18 years of age must be present at all times on the day that the Services are performed to approve all work completed.

CONDITIONS EFFECTING ZIP SERVICES. Zip shall not be liable for any failure or delay in performance due to any cause beyond its reasonable control. If Zip's ability to render Services is impaired by your failure to cooperate or circumstances beyond the reasonable control of Zip, Zip may choose not to provide the Services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any de-installation services provided, Zip shall not be responsible for repairing any damage or changes made to your residence.

CONTACT ZIP. Zip can be reached by email at support@zipinstalls.com, by phone at (800)-778-0530 or by mail at 3033 Excelsior Blvd. Suite 470 Minneapolis, MN 55416. Zip is a corporation organized under the laws of Minnesota.

NOTICE. Zip may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the physical address you have provided to Zip.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ZIP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATED TO, THE SERVICES OR THE USE OF OR INABILITY TO USE THE PRODUCTS. Further, by purchasing and allowing the performance of TV Services by Zip you agree to release and hold harmless Zip against any loss, liability or damage that you or the owner or lessee may suffer, included but not limited to any changes or alterations to your residence (for example, changes to walls, baseboards, floors). IN NO EVENT SHALL ZIP'S TOTAL LIABILITY TO YOU, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT THAT YOU PAID ZIP FOR THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS OR RELEASE OF CERTAIN DAMAGES OR LIABILITY, SO THE ABOVE LIMITATION OF LIABILITY AND RELEASE MAY NOT APPLY TO YOU.

MISCELLANEOUS. This Agreement constitutes the sole and entire agreement between Zip and you as it relates to the Services. These terms, and your purchase of Services, shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN HENNEPIN COUNTY, MINNESOTA. Both parties to these terms hereby waive any right to trial by jury they may have related to any dispute, claim or cause of action that may arise from or is a result of these terms or the Services. Any cause of action or claim you may have with respect to these terms or the Services must be commenced within two (2) years after the claim or cause of action arises. Zip's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms. Zip may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.