Terms of Service

1. Who we are

Nerd Dispatch LLC, an Oklahoma limited liability company based in Lawton, Oklahoma, provides friendly in-person and pre-arranged remote technology help under the names OkieNerd (Oklahoma), KansasNerd (Kansas), ArkieNerd (Arkansas) and TexNerd (Texas). Whichever name you book or join under, your agreement is with Nerd Dispatch LLC. In these terms, "we," "us," and "our" mean Nerd Dispatch LLC and each of those brands. "You" means the person using our website, our apps, or our services. "Our corporate line" means 844-NERD-411 (844.637.3411), the Nerd Dispatch LLC corporate office, the same number in every state. "Your local line" means the number of the brand that serves you. You can reach us at hello@nerddispatch.com, at your local line 580.400.7475, at our corporate line, or at PO Box 6384, Lawton, OK 73506.

In-person help is provided by independent local technicians we call "Local Nerds." Local Nerds are independent contractors, not our employees or agents. Before a Local Nerd takes any job, we interview them and they complete the background check described in Section 5a, performed at our expense by a consumer reporting agency regulated under the federal Fair Credit Reporting Act, and they sign a written agreement covering conduct in a customer's home, confidentiality of customer information, and scope of work. We set service standards, coordinate scheduling, and handle billing and support, and the in-person visit itself is performed by the independent Local Nerd serving your area. We remain your point of contact for anything about a visit.

2. Accepting these terms

By using our website or apps, booking a service, or signing up for the Nerd on Call membership, you agree to these Terms of Service, including the binding individual arbitration and class-action waiver in Section 16, and to our Privacy Policy. If you do not agree, please do not use the service. Our services are for adults: you must be at least 18 years old and able to enter into a contract to book a visit or become a member. If you book on behalf of someone else, you confirm you have their permission to share their details with us and to arrange the visit.

3. The Nerd on Call membership

Nerd on Call is an optional monthly membership that renews each month until you cancel. Included visits are counted per membership year. You can cancel anytime, subject to the cancellation section below. Membership currently costs $14.99 per month, plus sales tax where a state taxes our services (Section 4).

Each membership year, your membership includes:

• Two remote help sessions, included; and
• One in-person visit, included.

These included visits are tracked separately and do not depend on each other. They reset on your membership anniversary date and do not roll over. Unused included visits have no cash value and are not refundable.

"Included" covers the standard first hour of an in-person visit, or the first 30 minutes of a remote session, and reasonable personal help with your own household technology. Our in-person hourly rate is higher in the farther distance bands (described below), and that rate applies to an included in-person visit.

3a. Office Care (the business plan)

Office Care is a plan for a business rather than a household, and it is sold and billed differently from the Nerd on Call membership. It is arranged with us directly; it cannot be bought on this website. There is no standard package: the price, the hours of help included each month, the rates for time past those hours, what the plan covers, and how often it is invoiced are set for each business in a written agreement at the time of the estimate, and that agreement controls. Unless it says otherwise, the plan covers the business’s own computers, network, devices, and accounts at one service address, on site or remote, by the Local Nerd who covers that area; included hours reset on the first of each month and do not roll over; unused hours have no cash value; time past the included hours is billed at the agreed extra-time rates, in 30-minute increments, on the next invoice; and the plan covers the business’s equipment and accounts, not the personal devices of its people.

Office Care is billed by invoice, in advance, on the schedule in the agreement (monthly, quarterly, yearly, or another period we agree in writing), on calendar periods, and each invoice is due 30 days from its date. The first invoice is prorated to the start date. Parts and third-party costs are invoiced separately. A change to the price or the package is agreed in writing and takes effect with the next invoice period. If an invoice goes 30 days past due we may pause the plan until it is paid. Either side may end the plan with written notice before the next billing period begins; hours already invoiced are not refunded. Visits are scheduled through us by the contact the business names, and the person who arranges Office Care for a business confirms they are authorized to bind it. The membership sections of these terms (3, 4, 10, 10a and 11) do not apply to Office Care; everything else, including Sections 5, 5a, 8, 14 and 16, does, except that a dispute under an Office Care agreement is arbitrated under the AAA Commercial Arbitration Rules rather than its Consumer Rules. Where the written agreement and this section differ, the agreement wins.

4. Included visits, extras, codes and sales tax

Beyond your included visits, members receive 20% off on any additional visits during the membership year.

For reference, our standard (non-member) entry prices are $39 for a 30-minute remote session and, for an in-person visit, an hourly rate that depends on distance from downtown of the city serving your area: $110 within 25 miles, $130 in the 25-to-50-mile band, and $145 in the 50-to-75-mile band. The higher rate on the farther bands is how we cover the drive; it is billed as normal labor, not as a separate line item. Member pricing on extra visits applies the 20% discount to the whole rate. A member's included in-person visit works differently: its first hour is free, so in a farther band you pay only what the drive costs, currently $20 in the 25-to-50-mile band and $35 in the 50-to-75-mile band. That amount is shown on your account as a travel line and is not discounted. Prices for additional time, parts, or third-party costs are quoted at the time of service. We may update our prices; current prices are shown at booking.

Sales tax. Our prices do not include sales tax. Where a state taxes our services, the tax is calculated for your service address and shown before you pay. Where it does not, none is charged.

Promotional and courtesy codes. A code is applied at booking or signup, before payment, and cannot be applied afterward. Each code carries its own conditions (what it applies to, how long it lasts, one use per person or household), which are stated where you receive it. Codes have no cash value, cannot be combined unless we say so, and may be withdrawn for misuse. A courtesy code we issue after a late cancellation is described in Section 9.

4a. Paying for a one-time visit: deposit, sign-off and final charge

This section applies when you book a visit or session without a membership. Membership dues are covered by Section 10.

$39 books your visit. When you book a one-time in-person visit, you pay a $39 deposit at the time of booking and nothing else on the day you book. The deposit is not an extra fee: it is credited in full against the cost of your visit. A remote session currently costs $39, so booking one collects the whole amount and leaves no balance.

Your card is saved for the final charge. To complete your booking you authorize us, through our payment processor Stripe, to store your payment method and charge it once more at the end of your visit for the balance of the agreed price, any additional time, any sales tax due, and any tip you choose to add. We never see or store your full card number; Stripe holds it. This is a single, specific authorization for the visit you are booking, not an ongoing or recurring one, and it does not permit us to charge you for anything else.

You sign off before we charge. At the end of the visit your Local Nerd will ask you to confirm, on their device or on your own phone, that the work is complete. You are shown an itemized total first: the agreed price, any additional time, your deposit credited back, and any tip you choose. Only then is the balance charged. You are confirming that the work was performed, not waiving anything. If something is still wrong, tell your Local Nerd or contact us by phone or email and a person will look into it. Please note that a problem does not cancel the charge for time already worked, because your Local Nerd's time is what the price buys. We will put right anything we got wrong.

Additional time. Time past the first hour of an in-person visit, or the first 30 minutes of a remote session, is billed in 30-minute increments at the same hourly rate, and added to the final charge. Any part of a 30-minute increment is charged as a full increment. You will see the amount itemized on the sign-off screen before anything is charged.

If a visit is not closed out. Occasionally a visit is completed but not closed out on the day, for example if your Local Nerd's phone fails. Where our records show your Local Nerd arrived and the visit went ahead, we may charge the price you agreed at booking, and no more, without the sign-off step. We will never add additional time or a tip to a visit you did not sign off on, and we will contact you. If you believe a visit was billed in error, tell us and we will put it right.

Card payments, except where we agree to invoice. We settle every visit by card unless we have agreed in writing to invoice it (Office Care, or a business account we have set up on terms). Local Nerds are not permitted to accept cash or checks, and you should never be asked for either; if you are, please tell us. We accept Visa, Mastercard, American Express and Discover.

Paying the balance on a different card. By default we charge the same card you booked with, which is why nothing needs to change hands at the end of a visit. If you would rather settle on a different card, that is fine: tell your Local Nerd and they can take it on the spot, on the same terms. It must still be a card.

If the saved card is declined. Your Local Nerd can take payment by card on the spot. The balance remains due for the work performed.

Tips are optional and go to your Local Nerd. A tip is never added by default and never expected. Where a tip is offered on the sign-off screen, no tip is a one-tap choice. Any tip you leave is passed to your Local Nerd in full; we deduct no processing or handling cost from it.

5. Service area and in-person visits

In-person visits are available where we have a Local Nerd, up to 75 miles from downtown of the city serving your area. The service area is a distance from that downtown, not a state line: an address in a neighboring state inside the distance we drive is served the same as any other. How far the Local Nerds serving a given city currently drive varies by area, and the answer for your exact address is shown when you book. Today the cities we serve reach most of Oklahoma, a growing set of Kansas cities, and parts of neighboring states that fall inside a city's driving range, such as Wichita Falls from downtown Lawton. Addresses in Missouri, and any address outside our current in-person service area, are remote-only. Our in-person hourly rate is higher the farther we drive: $110 within 25 miles, $130 in the 25-to-50-mile band, and $145 in the 50-to-75-mile band. There is no separate travel fee; the higher rate is normal labor and members receive the same 20% discount on it.

For members, in-person visits are made only to the service address registered on your membership. You confirm your service address when you sign up and again when you request an in-person visit. You cannot change the service address at the time of booking. To update your registered service address, contact us and we will update it on your account. For any visit, we may decline or reschedule if the address is incorrect, unsafe, or outside our service area.

Our in-person coverage grows as Local Nerds join in new communities, so the areas we serve, and the technician assigned to a given area, may change over time. When you book an in-person visit, it is performed by the independent Local Nerd who covers your area, scheduled and coordinated through us. Remote help remains available anywhere in the United States.

5a. Local Nerd screening and your acknowledgment

What we check. Every Local Nerd is interviewed by us and, before taking any job, passes a background check performed at our expense by a consumer reporting agency regulated under the federal Fair Credit Reporting Act (currently Yardstik, Inc.). That check includes, at a minimum: a national criminal-records database search (including other names the person has used), state and county criminal-records searches, a search of the national sex offender registry, and a global watchlist search. We may re-run checks periodically, and a Local Nerd whose results affect customer safety or trust does not take jobs. Every Local Nerd also signs a written agreement with us covering conduct in your home, confidentiality of your information, and scope of work, and only the screened Local Nerd assigned to your booking may perform your visit.

What a background check can and cannot do. A background check is a review of reported records at a point in time. It is a serious screening step, and it is the reason we can tell you who is coming to your door, but no screening can predict or guarantee any person's future conduct, and we do not warrant that a screened person will never do wrong.

Your acknowledgment and release. By booking an in-person visit, you acknowledge that Local Nerds are independent contractors, not our employees or agents, and that our role in selecting who serves you is to perform the screening and take the contractual safeguards described in this section, which we have done. In exchange for our arranging your visit with a screened Local Nerd, and to the fullest extent permitted by law, you release Nerd Dispatch LLC and its brands from any claim arising out of the acts or omissions of a Local Nerd, including claims of negligent hiring, retention, or supervision, except to the extent a claim results from our failure to perform the screening described in this section or from our own gross negligence or willful misconduct. This release does not limit any claim you may have directly against the individual Local Nerd, does not limit any right that cannot be waived under the law of the state where you live, and any claim that survives this section remains subject to the limitations in Section 14.

If something goes wrong. Tell us. Contact us at hello@nerddispatch.com or 580.400.7475 about any concern with a visit, and we will investigate, including removing a Local Nerd from the platform where warranted.

6. Remote help and remote access

Remote help starts with a phone call at your scheduled time and may include a screen-share when helpful (through NerdConnect on a Windows, Mac or Android device, or through the Nerd on Call app on an iPhone or iPad). You are responsible for being available at the scheduled time and for having a working phone, internet connection, or device as needed for the session.

Your authorization. By starting a NerdConnect session you authorize your Local Nerd to view your screen and, on a computer, to control it for the length of the session. On an iPhone or iPad the share is view-only. You can end a session at any time by closing the app. We do not record the session.

Accounts and passwords. Where our help involves one of your accounts, you enter your own passwords wherever possible, and you may change any password you share with a Local Nerd once the visit is over. Local Nerds are contractually bound not to keep, copy or disclose your information, and never to use your accounts outside the help you asked for. You remain responsible for your own accounts and for the backups described in Section 8.

7. Text a Nerd (a courtesy)

Membership includes a courtesy "Text a Nerd" line for short, simple questions. Please understand its limits:

• It is a text line only. It is not a phone help line and not a replacement for a session.
• It is for short, simple questions. Anything that needs real troubleshooting, a screen-share, or hands-on time is a remote or in-person visit (members get 20% off those).
• We usually reply within one business day, often sooner. That is a goal, not a guarantee, and the text line is not for urgent or emergency help.
• Fair use means reasonable personal use for your own household devices. We may suggest booking a visit, and we may pause all-day or business-scale texting.

8. What we do and don't do

We fix, set up, and support consumer technology, and do not perform physical hardware repair. We help with things like Wi-Fi and networking, computers and phones, TVs and streaming, smart-home devices, email and passwords, software, and new-device setup. We do not perform physical hardware repairs (for example, board-level repair, screen replacement, or data recovery from failed drives); if something is physically broken, we will point you to the right place. We also do not perform work that requires an occupational license we do not hold; we can help you set up and use ordinary consumer devices you own, and we will refer licensed work to the right professional.

You represent that you own, or have permission to use and authorize us to work on, the devices and accounts involved, and that our help is for lawful purposes. You are responsible for backing up your own data; while we take care, technology work carries inherent risk, and you should keep your own backups before any work that could affect your files.

9. Scheduling, changes and no-shows

When you pick a time on our website or in our app, that time is reserved for you straight away. A Local Nerd's day is booked around it. We email you a confirmation with a calendar invitation attached, plus a link you can use to change or cancel the appointment yourself.

Changing or canceling. You can reschedule or cancel from that link, free of charge, up until:

• 2 hours before a remote session, and
• 12 hours before an in-person visit.

The two windows differ because they cost different things: a remote session can often be filled by someone else, while an in-person visit reserves travel time in both directions, and your Local Nerd may already be on the road.

Inside those windows the visit can no longer be moved online, because your Local Nerd has already planned the day around it.

Canceling on time. Cancel or reschedule with at least the notice above and your deposit is refunded in full, automatically, to the card you paid it with. You do not need to ask us, and nothing further is charged. Refunds are issued immediately on our side; how quickly the money appears on your statement is up to your bank, and is typically a few business days.

Canceling late. You may still cancel, at any time, from the same link. We will ask you to confirm that you understand the terms first. Your deposit is not refunded when you cancel inside the window above, because that time was reserved for you and could not be offered to anyone else. Nothing beyond the deposit is charged, and the card we have on file is not charged again. The same applies if you are not available at a confirmed remote time, or we cannot access the confirmed in-person address. For a membership visit, we may count the attempt against your included visit or charge only the travel line for your distance band shown in Section 4, if any. A visit booked as a gift is prepaid in full, so the full visit price stands as its deposit: it is refunded on an on-time cancellation and not refunded on a late one, and both the refund and any courtesy code go to the person who paid.

Our courtesy. When you cancel inside the window, we will email you a single-use code for 10% off your next visit, valid for 90 days on any service. The code is issued to you and can be used once. It is a goodwill gesture, not a refund, and it does not change anything else in this section.

Prices for additional time and the sign-off that precedes your final charge are covered in Section 4a.

10. Billing and auto-renewal

Membership is billed monthly in advance at $14.99, plus any sales tax due, through our payment processor, Stripe, to the payment method you place on file. We never see or store your full card number; Stripe handles your card details. By starting a membership, whether on our website, in our app, or on your Local Nerd's device at the end of a visit, you authorize us (through Stripe) to automatically charge your payment method each month until you cancel, and your card is saved for those charges.

Memberships renew automatically. You can cancel anytime from your account page or by calling us (Section 11). Monthly charges are not pro-rated and are non-refundable except under our 30-Day Happiness Guarantee (Section 10a), where required by law, or where we choose to make an exception. If a payment fails, we may retry it, pause membership benefits, and ask you to update your payment method. You are responsible for keeping your payment method current. If a promotion gives you a free first month, the first charge is made on the date shown at signup and monthly after that until you cancel.

Questions about a charge. Card charges usually appear on your statement as NERD* and the name of your brand, such as NERD* OKIENERD or NERD* KANSASNERD. For any question about a charge, including one you do not recognize, call our corporate line, 844-NERD-411 (844.637.3411), or email hello@nerddispatch.com.

10a. 30-Day Happiness Guarantee (new members)

New Nerd on Call members are covered by our 30-Day Happiness Guarantee. If the membership is not right for you, you may request a full refund of your first monthly payment within 30 days of signing up, provided you have not used an included remote session or in-person visit during that time. Courtesy Text a Nerd questions do not affect your eligibility.

The guarantee applies once per person or household and to the first month's membership dues only. Parts and any paid (non-included) visits are not refundable. To claim it, cancel your membership and contact us at 580.400.7475 or hello@nerddispatch.com within 30 days of signing up. Using an included visit ends eligibility for the guarantee, after which the standard billing and early-cancellation terms in Sections 10 and 11 apply.

11. Cancellation and the early-cancellation adjustment

You can cancel anytime from your member account (okienerd.com/account, kansasnerd.com/account, arkienerd.com/account or texnerd.com/account) or by contacting us. Cancellation stops future monthly renewals; your membership benefits continue through the end of the period you have already paid for, unless stated otherwise. We confirm a cancellation by email, with the date your benefits end and any adjustment charged.

So that "cancel anytime" stays honest for everyone, one fair condition applies, which we call the early-cancellation adjustment:

• You will never pay less than the regular price of the visits you actually use. When you cancel, we compare the regular (non-member) price of the included visits you used during the current membership year against the total dues you have paid that year.
• If the regular value of the visits you used is more than the dues you have paid, we bill the difference once, at cancellation, to the card on file. The amount is shown to you before you confirm the cancellation. This adjustment is capped at the regular price of the visits you used (currently $39 for a remote session, and for an in-person visit $110 within 25 miles, $130 in the 25-to-50-mile band, or $145 in the 50-to-75-mile band).
• Once your dues add up to more than the value of the visits you have used, there is no adjustment, ever. If you never used an included visit, there is nothing to settle.

Re-enrollment. After a membership is canceled, a new membership for the same person or household may begin again after 12 months. We may waive this waiting period at our discretion.

11a. Gift memberships and gift visits

You can buy a Nerd on Call membership, or a single visit, for someone else. The buyer pays, and the recipient becomes the member or the customer when they claim the gift and accept these terms. A gift membership bills the buyer's card $14.99 a month, plus any sales tax, until the buyer cancels by contacting us; the recipient can also ask us to stop it at any time. Any early-cancellation adjustment (Section 11) is charged to the buyer's card, since that card pays the dues, and we tell the buyer the amount before the cancellation is final. The 30-Day Happiness Guarantee runs from the date the gift is claimed and refunds the buyer. A gift visit follows Section 9: it is prepaid in full, and refunds and courtesy codes go to the buyer. By giving a gift you confirm the recipient has agreed to be contacted by us about it.

12. Your account and PIN

Your member account is secured by your phone number and a personal PIN that you choose. Keep your PIN private; you are responsible for activity under your account. For your protection, repeated failed sign-in attempts lock the account for a period that grows with each lockout. If you forget your PIN or get locked out, use the reset link, which texts a code to your number, or contact us and we will help you after verifying your identity. You can delete your account from your account page or in the app; Section 10 of the Privacy Policy says what we keep.

13. Text messages

The Local Nerd texting program is run by Nerd Dispatch LLC for customers of all its brands. When you give us your mobile number to book a visit, request a call back, or join, you agree to receive service texts about that request or visit: confirmations, reminders, on-the-way notices, replies to your questions, and account notices such as a PIN reset code. Texts to customers are signed "Local Nerd". Local Nerds receive their own program, signed "Nerd HQ". Message frequency varies. Message and data rates may apply. Reply STOP at any time to opt out and HELP for help; you can also tell us by phone or email and we will honor it within ten business days. Opting out of texts does not cancel your membership or your visit, and we will reach you by email or phone instead. Consent to texts is not a condition of buying anything. Carriers are not liable for delayed or undelivered messages.

Marketing texts (offers and promotions) are sent only to people who tick the separate, optional box asking for them, and every one says how to stop. We never share your mobile number or your texting consent with anyone else for their marketing. If you give us someone else's number, for a visit for them or a gift, you confirm they are OK with our texting them about it. Full program details are at /sms, and our Privacy Policy explains how we handle your information.

14. Disclaimers and limitation of liability

We work hard to help, but our services, apps and website are provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law. We do not guarantee that any issue will be resolved, that any device will perform a certain way, or that data will not be lost.

To the fullest extent permitted by law, Nerd Dispatch LLC and its brands will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or loss of use. Our total liability for any claim is limited to the amount you paid us for the service giving rise to the claim during the three months before the claim. These limits do not apply to personal injury or damage to your property caused by our own negligence, to our gross negligence or willful misconduct, or to any liability that cannot be limited under the law of the state where you live. Nothing in these terms limits your rights under the Oklahoma Consumer Protection Act, the Kansas Consumer Protection Act, the Arkansas Deceptive Trade Practices Act, the Texas Deceptive Trade Practices Act, or a similar law of your state that cannot be waived.

You agree to indemnify and hold harmless Nerd Dispatch LLC and its brands from claims arising out of your misuse of the service, your violation of these terms, or your violation of any law or the rights of a third party.

Independent contractors. Local Nerds who perform in-person visits are independent contractors, not employees, partners, or agents of Nerd Dispatch LLC or its brands, and have no authority to bind us. Nothing in these terms creates an employment, agency, partnership, or joint-venture relationship among you, us, and any Local Nerd. Our liability for in-person services, including those performed by a Local Nerd, is subject to the screening acknowledgment and release in Section 5a and to the limitations in this section.

14a. Gear store

Items in our gear store are printed to order by our print partner and shipped to the address you give at checkout. Prices are shown before you pay, plus shipping and any sales tax due. We ship within the time stated at checkout, and in any case within 30 days; if we cannot, we will tell you and you may cancel for a full refund. Because each item is made for you, we do not accept returns for size or change of mind, so please check the size chart. If an item arrives misprinted, damaged, or not what you ordered, tell us within 30 days of delivery with a photo and we will replace it or refund it. Gear orders are not membership purchases and the membership sections do not apply to them.

14b. Referral program

Our referral program pays a person who refers a new Nerd on Call member, on the terms shown on the referral page when they sign up for it (currently $20 after the new member's third monthly payment, with a free month for the new member). Payments go through Stripe to the account the referrer sets up, and the referrer is responsible for any taxes on them. A referrer must tell the people they refer that they are paid for the referral. We may withhold or reverse a payment for a self-referral, a referred membership that is canceled or refunded before the payout is earned, or a referral that breaks these terms or the law. We may change or end the program for future referrals with notice on the referral page; payments already earned are still paid.

15. Changes to the service or these terms

We may update our services, prices, and these terms from time to time. When we make material changes, we will update the "Last updated" date above and, for members, send notice by email at least 30 days before the change takes effect. Your continued use of the service after changes take effect means you accept the updated terms. Price or terms changes apply only to bookings and charges made after the change takes effect; they never change the price of a booking or visit already completed or in progress. A change to Section 16 does not apply to a dispute either of us already told the other about before the change.

16. Governing law, arbitration and disputes

These terms are governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws rules, except that if you live outside Oklahoma, the consumer-protection laws of your state apply to the extent they cannot be waived. Before filing any formal claim, please contact us at our corporate line, 844-NERD-411 (844.637.3411), or at hello@nerddispatch.com so we can try to resolve it informally; most issues can be sorted out with a quick conversation.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these terms or our services that we cannot resolve informally, including any question about the formation, enforceability, or scope of these terms or of this section, will be resolved by final and binding individual arbitration rather than in court, before a single arbitrator, administered by the American Arbitration Association under its Consumer Arbitration Rules, and the Federal Arbitration Act governs this section. The arbitration will take place in the county where you live, or by phone or video if you prefer. Arbitration fees are allocated as the AAA's Consumer Arbitration Rules provide, and we will not seek our attorneys' fees or costs from you unless the arbitrator finds your claim frivolous. Judgment on the arbitrator's award may be entered in any court with jurisdiction. Either of us may instead bring a qualifying claim in small claims court.

Your right to opt out. You may opt out of this arbitration agreement by emailing hello@nerddispatch.com with your name, phone number and the words "arbitration opt-out" within 30 days of the first time you book, join, or accept these terms. Opting out does not affect any other part of these terms.

To the extent permitted by law, you and we each waive trial by jury, and each agree to bring claims against the other only in an individual capacity, not as a plaintiff or member of a class in any purported class or representative proceeding, and the arbitrator may not consolidate claims or preside over any class proceeding. If the class waiver is held unenforceable as to a claim, that claim must be decided in court, not in arbitration; any claim heard in court will be heard in the state or federal courts for the county where you live or for Comanche County, Oklahoma, and you consent to their jurisdiction, except where applicable law provides otherwise.

16a. General terms

These terms, our Privacy Policy, the deal terms shown to you when you book or join, and any written agreement we sign with you are the whole agreement between us about our services. If any provision is held unenforceable, it will be narrowed to the extent needed to make it enforceable, and the rest of these terms remains in effect. You may not assign your membership or a booking to someone else without our consent; we may assign these terms to a successor that takes over the business, and we will tell you if we do. Neither of us is liable for a delay or failure caused by events outside our reasonable control, such as severe weather, outages, or illness, though we will reschedule a visit affected by one at no charge. Our brand names, logos, mascot and website content are ours; please don't use them without permission. No waiver of any term is a waiver of any other.

16b. Your state

These terms read the same in every state we serve, and this section says what changes because of where you live. If anything here conflicts with another section, this section controls for residents of that state. Nothing in these terms takes away a right your state's law says you cannot give up, and if a court or arbitrator finds a term unenforceable under your state's law, that term is narrowed for you and the rest stands (Section 16a). The Federal Arbitration Act alone governs Section 16; we do not rely on any state arbitration act.

In every state. A tip is optional, never expected, and is passed to your Local Nerd as Section 4 describes; it is not part of our price. When you save a card with us, we charge it only as these terms and the booking or signup screen describe: a deposit when you book (Section 4a), the balance after you sign off on the visit, membership dues monthly (Section 10), and any early-cancellation adjustment you were shown (Section 11); the amount, or how it is figured, is shown before each charge. If, during a visit, you buy something you did not book in advance that costs $25 or more (an extra service, a later visit, or a membership), you may cancel it within three business days by contacting us and we refund it in full; this is in addition to any cancellation right your state gives you. Where your state's law allows it, any claim between us other than a claim for personal injury or under a consumer protection law must be started within one year after it arises; the subsections below say where that does not apply.

Oklahoma

The Oklahoma Consumer Protection Act (15 O.S. 751 et seq.) applies to you and nothing here limits it. Oklahoma law does not allow a contract to shorten the time you have to bring a claim (15 O.S. 216), so the one-year window above does not apply to Oklahoma residents. The limits in Section 14 never apply to personal injury caused by our negligence or to fraud, willful misconduct or a violation of law (15 O.S. 212 and 212.1). Oklahoma does not tax our labor, so no sales tax is charged on visits, remote sessions or membership dues for an Oklahoma service address; sales tax is charged on gear and any other goods. Marketing texts to Oklahoma numbers go only to people who signed up for them, between 8 a.m. and 8 p.m., and never more than three on one subject in a day (15 O.S. 775C.1 et seq.). A visit you book with us is not a home solicitation sale under Oklahoma law, because you asked for it and pay by card rather than on credit from us.

Kansas

The Kansas Consumer Protection Act (K.S.A. 50-623 et seq.) applies to you, you cannot waive it (K.S.A. 50-625), and nothing in these terms asks you to. The limits in Section 14 and the one-year window above do not apply to a claim under that Act, which keeps the remedies, penalties and time limits the Act provides. Section 16 applies to Kansas residents under the Federal Arbitration Act, and the class waiver in Section 16 is part of the agreement to arbitrate: it applies to claims decided in arbitration. If you opt out of arbitration under Section 16, or a court holds that a Kansas Consumer Protection Act claim cannot be arbitrated or cannot be waived on a class basis, that claim is heard in court as Section 16 provides and Kansas law decides what remedies and procedures are available. Kansas taxes labor to set up, install, repair or service a device and to install or update software (K.S.A. 79-3603(p), (q) and (s)); it does not tax malware removal, data recovery, tune-ups, teaching, or help by phone and screen share. Where Kansas taxes a service you buy, the tax for your service address is shown before you pay. A visit you request is not a door-to-door sale under K.S.A. 50-640; anything $25 or more that you buy at your home beyond what you booked carries the three-business-day cancellation right above, which is the right Kansas law gives you. Marketing texts to Kansas numbers go only to people who agreed to them in writing (K.S.A. 50-670).

Arkansas

The Arkansas Deceptive Trade Practices Act (Ark. Code 4-88-101 et seq.) applies to you and nothing here limits it; the limits in Section 14 and the one-year window above do not apply to a claim under that Act, which keeps the five-year period in Ark. Code 4-88-115. If you believe we have violated it, write to us at the address in Section 17 first so we can put it right. Section 16 binds both of us equally: the duty to arbitrate, the small claims option, the class waiver and the rules for changing Section 16 apply to us the same way they apply to you, and neither of us reserves a court remedy the other lacks. Membership is a continuous-service plan under Ark. Code 4-86-112: the renewal terms are shown next to the box you tick to join, we email an acknowledgment you can keep with the price, the renewal date and how to cancel, you can cancel entirely online from your account page, a cancellation left by phone or voicemail is processed within one business day, we give at least 30 days' notice before a price change (Section 15), and we send Arkansas members a yearly reminder of the membership and how to cancel. Arkansas taxes the installation, repair and servicing of electrical devices, including computers (Ark. Code 26-52-301(3)(B) and 26-52-304), and taxes a visit sold at one price in full when any part of it is taxable, so for an Arkansas service address Arkansas state and local sales tax is charged on the whole price of an in-person visit and shown before you pay; where Arkansas does not tax a service you buy, none is charged. A visit you request is not a home solicitation sale under Ark. Code 4-89-101 et seq.; anything $25 or more you buy at your home beyond what you booked carries the three-business-day cancellation right above. Marketing texts to Arkansas numbers go only to people who gave us permission, and every one names us and says how to stop (Ark. Code 4-88-601 et seq.).

Texas

The Texas Deceptive Trade Practices-Consumer Protection Act (Tex. Bus. & Com. Code 17.41 et seq.) applies to you. We do not ask you to waive it, nothing in these terms is a waiver under Section 17.42 of that Act, and the limits in Section 14 do not apply to a claim under it. Texas law asks you to give us 60 days' written notice of a DTPA claim before filing it, stating the specific complaint and the damages and expenses you are claiming (Section 17.505); send it to the address in Section 17 and we will answer within that time, which may include a settlement offer under Section 17.5052. Texas does not allow a contract to shorten the time to sue to less than two years (Tex. Civ. Prac. & Rem. Code 16.070), so for Texas residents the one-year window above is two years, and we never require notice of a claim in less than 90 days (Section 16.071). Section 16 rests on the Federal Arbitration Act alone and not on the Texas Arbitration Act. Texas taxes setting up and configuring computers, routers and Wi-Fi, repairing or troubleshooting hardware, and 80 percent of data work such as backup, cleanup and virus removal (Tex. Tax Code 151.0101 and 151.351); it does not tax troubleshooting or installing software we did not sell, or separately stated teaching. Where Texas taxes a service you buy, the tax for your service address is shown before you pay; a visit sold at one price that includes taxable work is taxed as Texas law requires. A visit you request is not a home solicitation transaction under Tex. Bus. & Com. Code chapter 601; anything $25 or more you buy at your home beyond what you booked carries the three-business-day cancellation right above, which is the right Texas law gives you. Marketing texts to Texas numbers go only to people who gave us consent, within the hours Texas allows (Tex. Bus. & Com. Code chapters 301, 302, 304 and 305). Your Texas privacy rights are in Section 10a of our Privacy Policy.

Missouri and everywhere else

Addresses in Missouri, and any address outside our in-person service area, are remote-only (Section 5); nothing in this section changes that. Wherever you live, the consumer protection law of your state applies to the extent it cannot be waived (Section 16).

17. Contact us

Questions about these terms? Reach out anytime:

Nerd Dispatch LLC (OkieNerd, KansasNerd, ArkieNerd, TexNerd)
Email: hello@nerddispatch.com
Corporate line: 844-NERD-411 (844.637.3411)
Your local line: 580.400.7475
Mail: PO Box 6384, Lawton, OK 73506

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