Terms & Conditions
These terms and conditions (these “Terms” or this “Agreement”) became effective beginning August 2011.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms (the “Terms”) govern your use of the Web site at www.remotetechsupport.com (“Site”) and any technology support services provided either by computer or telephone (the Site and the support services are collectively referred to as the “Services”) provided by and Platinum Worldwide, Inc. dba RemoteTechSupport.com, its subsidiaries, contractors and affiliates (“RemoteTechSupport.com”, “We”, “Our”, or “Us”). By accessing, or using or ordering the Services online, via telephone or via the Site, you (“You” or “Your” means you or, for services designed for businesses (“Business Services”), the legal entity that you are authorized to represent and on whose behalf the Business Services are purchased) and other users of the Services (collectively, “Users”) agree to these Terms and our privacy policy available at www.remotetechsupport.com/privacy_policy. If, at Your request, We agree to send Our employees or representatives to Your residence, place of business, or other location designated by You and agreed to by Us in order to provide You with technology support services, then these Terms shall govern such provision of such services as well. If You do not agree to these Terms, You may not access or use the Services.
Scope of Services
You may initiate the Services via telephone, via the Site, or other means made available by RemoteTechSupport.com. RemoteTechSupport.com will utilize commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as may be applicable. RemoteTechSupport.com may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth various limits to the technology We support. Certain specific Services may have minimum system requirements.
RemoteTechSupport.com Services may include Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).
Terms of Use We provide You with access to and use of the Services subject to Your compliance with the Terms and Conditions. RemoteTechSupport.com reserves the right to refuse to provide the Services to anyone at any time without notice and for any reason. You represent and warrant to Us that (a) You are at least 18 years old; (b) You have the right, authorization and capacity necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all laws, rules regulations and treaties, applicable to Your use of the Services, (e) any information You submit to RemoteTechSupport.com is correct and complete, and (f) any payment or credit card information You supply is accurate and correct.
Authorization to Access Your Computer; Monitoring of the Services You acknowledge that by Your use of the Services You are authorizing RemoteTechSupport.com to access and control Your computer or device (collectively “Device”) for the purposes of service, diagnosis, troubleshooting and repair. In connection with delivering the Services, RemoteTechSupport.com may download and use software, collect system data, take remote control of Your Device and access or modify settings in your Device. By accepting these terms, You hereby grant RemoteTechSupport.com the right to connect to Your Device, download and use software on Your Device to collect system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, You agree that RemoteTechSupport.com has absolutely no liability or responsibility under any circumstance at any time for any harm or loss that may arise from or may be related to the Services. We may, but have no obligation to, record and monitor the Services, including online sessions and telephone calls for various purposes of improving customer service, internal market research and internal training. You hereby grant permission to RemoteTechSupport.com to record and monitor the Services and to utilize or disclose any information as may be necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services we may decide to provide to You in the future. You also grant RemoteTechSupport.com permission to combine Your information with that of others in such a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. Please see Our Privacy Policy for further details. We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any regulation, law, or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain specific features of the Site or restrict Your access to all or part of the Site without penalty or notice if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without liability or notice.
Software In connection with the Service, one or more of our third-party service providers may provide to you, via download, CD, other media, or other delivery method, the use of certain specific software which is licensed or owned by such third-party service provider, and which may be provided free or for a fee (“Provider Software”). You agree and acknowledge that you may be required to install and download Provider Software pursuant to the terms and conditions of an end user license agreement in order to permit all or some of the Service to be provided to you. Provider Software is required for all Remote Services. You agree and understand that the Service does not include free upgrades of existing software, applications or operating systems. Furthermore, use of this Service does not constitute a license to use applications, software, or equipment from RemoteTechSupport.com. RemoteTechSupport.com does not provide any such licenses or upgrades or through this Service. However, as part of the Service, you may request our Service Technicians to assist you to, or they may suggest that you, install, acquire, and use various third-party software. All third-party software, including Provider Software (collectively, “Third-Party Software”), whether or not required to permit some or all of the Service and whether or not suggested by our Service Technicians, is licensed to you by the respective owners or licensees of the Third-Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third-Party Software, regardless of whether our Service Technicians assist you in the installation, acquisition, and/or use of Third-Party Software, because your use of Third-Party Software is governed by the terms of the end user license agreement between you and such owners or licensees. Please note that RemoteTechSupport.com grants no rights to any Third-Party Software and does not make any warranty or representation regarding any Third-Party Software. Furthermore, please take note that it is your sole responsibility to comply with the terms and conditions under which you licensed such Third-Party Software. We make no warranty that we are an authorized service provider for any Third-Party Software or for any computer hardware or other equipment; it is your sole responsibility to determine if you require additional rights for us to provide technical support for any Third-Party Software or computer equipment, and if so, to acquire such rights.
Your Responsibility to Preserve and Protect Computer Data, Software, and other Electronic Files, Data Backup YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, TEXT, DATA OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA PRIOR TO ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT REMOTETECHSUPPORT.COM OR ITS REFERRAL PARTNERS HAVE NO LIABILITY OR RESPONSIBILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY CORRUPTION OR LOSS OF CUSTOMER DATA, HARDWARE OR SOFTWARE THAT MAY ARISE OUT OF THE SERVICES. REMOTETECHSUPPORT.COM DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE AT ALL TIMES. If we work with you on any password or other access related issues (in connection with support services, we strongly recommend that you reset such access feature(s) or passwords(s) immediately. RemoteTechSupport.com and its third-party service providers shall not be responsible at any time for any alteration, security loss, or corruption of any of your software, files, systems, or data. You acknowledge that the Internet is not a secure network and that third parties may easily be able to access, intercept, use, or corrupt the information you receive or transmit over the Internet. You also acknowledge that RemoteTechSupport.com cannot and does not guarantee or warrant that software, data or other electronic files that may be provided, accessed, suggested, or otherwise available for download in connection with the Service will be free of infection, defects, trojan horses, viruses, worms, or any other code that manifest contaminating, destructive or malicious properties.
Appropriate Conduct Through our Service Technicians, we offer a personal service that we believe can be a valuable resource for helping you to address your technical questions problems and difficulties. In providing that personal service, we require our Service Technicians to be respectful, courteous and we expect the same of you. We reserve the right to terminate a support session or your account at any time as a result of offensive discourse or unacceptable behavior.
Limitations on Availability of Service Minimum system requirements. RemoteTechSupport.com reserves the right to refrain from providing all or any requested Services on the basis that minimum system requirements are not met, or if customer requirements or technical conditions are beyond the scope of Services as determined by RemoteTechSupport.com or by its third-party service provider. Technical limitations. Some customers may not be able to receive the Service if initial testing indicates that their computer environment is not suitable for remote access. Furthermore, our Service Technicians may not have access to the necessary proprietary information from manufacturers vendors and developers necessary to assist with a specific technical issue. Our ability to provide assistance may also be limited by other matters outside of our control, such as hardware or software errors or complications not yet resolved by the applicable software or hardware manufacturer.
Maintenance. We may, at any time, without liability or notice, suspend or restrict the Service in order to perform maintenance activities and to maintain session control. RemoteTechSuppport.com’s Use of Independent Contractors to Provide Services RemoteTechSupport.com or its affiliates may contract with one or more independent contractors (also referred to herein as “third-party service providers”) to provide all or some of the Service. You consent and acknowledge to the provision of all or some of the Service by one or more independent contractors engaged by RemoteTechSupport.com or its affiliates for such purposes. In this Agreement, references to “we”, “Business Service”, the “Home Service”, and services provided by “us” or “we”RemoteTechSupport.com“, refer both to RemoteTechSupport.com and to such independent contractors and their technicians and the services provided by them under such engagements by RemoteTechSupport.com or its affiliates.
Warranty The Services may not be successful because the problem or issue at hand may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from RemoteTechSupport.com, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within five (5) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service. As set forth below, there are no other warranties for the Services. RemoteTechSupport.com makes no representations or warranties with respect to guidance, advice,information or other content posted to the Community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Community content and other third party content available on the Site.
DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ADVICE, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, COMPLETENESS, ACCURACY, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMOTETECHSUPPORT.COM DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. REMOTETECHSUPPORT.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO RESULTS, ADVICE, CONTENT OR MATERIALS WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY SOFTWARE OR CONTENT THAT YOU ACCESS, USE OR DOWNLOAD WITH THE SERVICES IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Use of Software and Tools RemoteTechSupport.com may find it necessary to download and/or run software on Your Device to help diagnose, troubleshoot and resolve Your technology problem. RemoteTechSupport.com utilizes several types of software: the first type provides Device system information to RemoteTechSupport.com which helps Us diagnose troubleshoot and resolve Your technology problem, the second type allows RemoteTechSupport.com to remotely control Your Device and modify its software or settings, and the third type usually consists of tools and other utilities to improve Device performance and help resolve Your technology problem. You agree and acknowledge that use of all RemoteTechSupport.com software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may be referenced or appear when You download or access the Software. You may not download or access, or utilize any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party Web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a specific period of time (normally (30) thirty days) unless You purchase a license to continue using such Software. You may utilize the RemoteTechSupport.com software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to Your Device during the Services after we have terminated or completed the Services.
Customer Responsibilities You must fully cooperate with RemoteTechSupport.com and promptly respond to Our requests for information and comply with Our requests to take actions to resolve Your technology problem. In order to help resolve your technology issue, You may be required to consent to the downloading and use of Software on Your Device and accept all applicable license agreements for the Software.
Registration, Passwords and Security In order to use certain Software or Services, We may require that You register. During the registration process, You may be asked to designate, or We may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from RemoteTechSupport.com, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify RemoteTechSupport.com immediately upon learning of any unauthorized disclosure or use of Your password or other account information. RemoteTechSupport.com has no liability for any unauthorized use of the Services under Your account or on Your Device.
Fees and Payment The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one time set-up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is six (6) months. Unless you have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, you may cancel any Subscription Service within five (5) days following Your purchase of the Subscription Service, by contacting RemoteTechSupport.com. Otherwise, the fees for the Subscription Service are not refundable. By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize RemoteTechSupport.com to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs RemoteTechSupport.com that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact RemoteTechSupport.com if You do not wish to renew Your Subscription Service; if You do not contact RemoteTechSupport.com, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at RemoteTechSupport.com’s then-applicable fees.
Service Availability The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to obtain Subscription Services, You must at all times have current and functional antivirus software in place and running on Your Device. Failure to maintain such software may result in additional charges and fees. In order to purchase Subscription Services, Your covered Device(s) must be virus free (as determined by Us) at the time that You purchase the Subscription Service. If We determine that Your Device is infected by a virus, We may require that You purchase a Service to clean Your Device prior to obtaining Subscription Services. RemoteTechSupport.com reserves the right to terminate Your Subscription Service, upon notice, if RemoteTechSupport.com determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that Your Subscription Service is terminated, RemoteTechSupport.com will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.
Use of the Services Your use of the Services is only for Your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services. You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) RemoteTechSupport.com’s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. RemoteTechSupport.com reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from RemoteTechSupport.com. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of RemoteTechSupport.com. Any rights not expressly granted herein are reserved by RemoteTechSupport.com.
Restrictions You shall not: (a) “mirror” any Content on the Site on any other server without RemoteTechSupport.com’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of RemoteTechSupport.com or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages. If You have purchased Personal Subscription Services, or Business Subscription Services, the subscription applies to all peripheral devices (e.g. printers, cameras, home networks) that are attached to Your personal computer at the time that You purchase the Subscription Services. Activation or troubleshooting of other peripheral devices (e.g. devices that are acquired after the date of Your Subscription Services purchase) may require an additional fee. If you have purchased Home or Business Subscription Services, you may obtain Services for the permitted number of personal computers, provided that all of those computers are located at a single physical address or, under the Home Plan only, are with a student at a school, college or university in the United States or Canada. Personal computers located at any other physical address cannot be added to the Home or Business Subscription. If you have purchased Business Subscription Services, you may obtain Services for the permitted number of computers belonging to Your business. Each of Your computers covered by Your Business Subscription will receive a unique identifier. You may not obtain services for Your business computers unless the identifier matches a record in Our system. If you wish to remove one business computer from Your Business Subscription and substitute another business computer, please contact Us.
Modifications to the Services We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.
Additional Future Service Options We may offer additional or different service options (including pricing options) in the future. If we do, the details of those service options, including their stated pricing, payment and durational terms, will automatically be incorporated into these Terms without the need for any action on your or our part, and those service options will be governed by these Terms. For example, we may offer a pre-paid support service for smartphones.
Security While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.
Submissions All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to RemoteTechSupport.com (“Submissions”) shall be considered non-confidential and RemoteTechSupport.com’s property. By providing such Submissions to RemoteTechSupport.com, You agree to assign to RemoteTechSupport.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. RemoteTechSupport.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that RemoteTechSupport.com may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
Except as may be expressly permitted in connection with one of the Site’s services, You also may not offer to buy or sell any product or service on or through your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of your activities and You submit Submissions at your own risk. By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such Submissions at any time.
International Use Currently, the Services are only available for residents of the United States and Canada. RemoteTechSupport.com may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You represent and warrant that You are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.
Proprietary Rights RemoteTechSupport.com.com respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. RemoteTechSupport.com is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
Links from and to the Site This Site may contain hyperlinks to Web sites that are not controlled by RemoteTechSupport.com. RemoteTechSupport.com is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of RemoteTechSupport.com. We reserve the right, however, to deny any request or rescind any permission granted by Us to link through such other type of link, and to require termination of any such link to the Site, at Our discretion at any time.
Dealings with Third Parties In the course of delivering the Services to You, we may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although we may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that RemoteTechSupport.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by RemoteTechSupport.com.
Your Responsibility to Obtain Internet and Telephone Connections You are solely responsible for acquiring and maintaining the Internet and telecommunications services and devices required to access and use the Service. The Service does not include Internet, telephone, wireless, wireline or other connectivity services.
TERMINATION REMOTETECHSUPPORT.COM RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, REMOTETECHSUPPORT.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION REMOTETECHSUPPORT.COM MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.
INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY AND HOLD REMOTETECHSUPPORT.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.
LIMITATION OF LIABILITY IN NO EVENT SHALL REMOTETECHSUPPORT.COM, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR DEVICE AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF REMOTETECHSUPPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF REMOTETECHSUPPORT.COM, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.
Governing Law/Venue/Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflicts of laws provisions). No court shall have venue over any case concerning this Agreement other than courts situated in the State of New York. The parties hereby submit to the jurisdiction of the state and federal courts of the State of New York.
Arbitration and Jurisdiction This Agreement shall be interpreted in accordance with the laws of the State of New York, applicable to agreements executed and to be wholly performed therein. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the American Arbitration Association, as said rules may be amended from time to time with rights of discovery if requested by the arbitrator, or if appropriate and in the sole discretion of the Owner by an Approved Dispute-Resolution Service Provider. Such rules and procedures are incorporated into and made a part of this Agreement by reference. The Parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The Parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing Party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys’ fees, and expenses. Any arbitration award shall be final, binding and non-appealable.
Electronic Communications The information communicated on this Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that RemoteTechSupport.com, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us. Notices and communications to RemoteTechSupport.com must be sent to the applicable address given in these Terms or to customersupport@remotetechsupport.com.
General Information This version of the Terms is effective as of August 2011. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and RemoteTechSupport.com and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and RemoteTechSupport.com. The failure of RemoteTechSupport.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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. You may not assign the Terms or any of Your rights or obligations under the Terms without RemoteTechSupport.com’s express written consent. The Terms inure to the benefit of RemoteTechSupport.com’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
COPYRIGHT NOTICE: Copyright © 2011 RemoteTechSupport.com All Rights Reserved.
Terms of Use We provide You with access to and use of the Services subject to Your compliance with the Terms and Conditions. RemoteTechSupport.com reserves the right to refuse to provide the Services to anyone at any time without notice and for any reason. You represent and warrant to Us that (a) You are at least 18 years old; (b) You have the right, authorization and capacity necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all laws, rules regulations and treaties, applicable to Your use of the Services, (e) any information You submit to RemoteTechSupport.com is correct and complete, and (f) any payment or credit card information You supply is accurate and correct.
Authorization to Access Your Computer; Monitoring of the Services You acknowledge that by Your use of the Services You are authorizing RemoteTechSupport.com to access and control Your computer or device (collectively “Device”) for the purposes of service, diagnosis, troubleshooting and repair. In connection with delivering the Services, RemoteTechSupport.com may download and use software, collect system data, take remote control of Your Device and access or modify settings in your Device. By accepting these terms, You hereby grant RemoteTechSupport.com the right to connect to Your Device, download and use software on Your Device to collect system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, You agree that RemoteTechSupport.com has absolutely no liability or responsibility under any circumstance at any time for any harm or loss that may arise from or may be related to the Services. We may, but have no obligation to, record and monitor the Services, including online sessions and telephone calls for various purposes of improving customer service, internal market research and internal training. You hereby grant permission to RemoteTechSupport.com to record and monitor the Services and to utilize or disclose any information as may be necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services we may decide to provide to You in the future. You also grant RemoteTechSupport.com permission to combine Your information with that of others in such a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. Please see Our Privacy Policy for further details. We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any regulation, law, or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain specific features of the Site or restrict Your access to all or part of the Site without penalty or notice if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without liability or notice.
Software In connection with the Service, one or more of our third-party service providers may provide to you, via download, CD, other media, or other delivery method, the use of certain specific software which is licensed or owned by such third-party service provider, and which may be provided free or for a fee (“Provider Software”). You agree and acknowledge that you may be required to install and download Provider Software pursuant to the terms and conditions of an end user license agreement in order to permit all or some of the Service to be provided to you. Provider Software is required for all Remote Services. You agree and understand that the Service does not include free upgrades of existing software, applications or operating systems. Furthermore, use of this Service does not constitute a license to use applications, software, or equipment from RemoteTechSupport.com. RemoteTechSupport.com does not provide any such licenses or upgrades or through this Service. However, as part of the Service, you may request our Service Technicians to assist you to, or they may suggest that you, install, acquire, and use various third-party software. All third-party software, including Provider Software (collectively, “Third-Party Software”), whether or not required to permit some or all of the Service and whether or not suggested by our Service Technicians, is licensed to you by the respective owners or licensees of the Third-Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third-Party Software, regardless of whether our Service Technicians assist you in the installation, acquisition, and/or use of Third-Party Software, because your use of Third-Party Software is governed by the terms of the end user license agreement between you and such owners or licensees. Please note that RemoteTechSupport.com grants no rights to any Third-Party Software and does not make any warranty or representation regarding any Third-Party Software. Furthermore, please take note that it is your sole responsibility to comply with the terms and conditions under which you licensed such Third-Party Software. We make no warranty that we are an authorized service provider for any Third-Party Software or for any computer hardware or other equipment; it is your sole responsibility to determine if you require additional rights for us to provide technical support for any Third-Party Software or computer equipment, and if so, to acquire such rights.
Your Responsibility to Preserve and Protect Computer Data, Software, and other Electronic Files, Data Backup YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, TEXT, DATA OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA PRIOR TO ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT REMOTETECHSUPPORT.COM OR ITS REFERRAL PARTNERS HAVE NO LIABILITY OR RESPONSIBILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY CORRUPTION OR LOSS OF CUSTOMER DATA, HARDWARE OR SOFTWARE THAT MAY ARISE OUT OF THE SERVICES. REMOTETECHSUPPORT.COM DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE AT ALL TIMES. If we work with you on any password or other access related issues (in connection with support services, we strongly recommend that you reset such access feature(s) or passwords(s) immediately. RemoteTechSupport.com and its third-party service providers shall not be responsible at any time for any alteration, security loss, or corruption of any of your software, files, systems, or data. You acknowledge that the Internet is not a secure network and that third parties may easily be able to access, intercept, use, or corrupt the information you receive or transmit over the Internet. You also acknowledge that RemoteTechSupport.com cannot and does not guarantee or warrant that software, data or other electronic files that may be provided, accessed, suggested, or otherwise available for download in connection with the Service will be free of infection, defects, trojan horses, viruses, worms, or any other code that manifest contaminating, destructive or malicious properties.
Appropriate Conduct Through our Service Technicians, we offer a personal service that we believe can be a valuable resource for helping you to address your technical questions problems and difficulties. In providing that personal service, we require our Service Technicians to be respectful, courteous and we expect the same of you. We reserve the right to terminate a support session or your account at any time as a result of offensive discourse or unacceptable behavior.
Limitations on Availability of Service Minimum system requirements. RemoteTechSupport.com reserves the right to refrain from providing all or any requested Services on the basis that minimum system requirements are not met, or if customer requirements or technical conditions are beyond the scope of Services as determined by RemoteTechSupport.com or by its third-party service provider. Technical limitations. Some customers may not be able to receive the Service if initial testing indicates that their computer environment is not suitable for remote access. Furthermore, our Service Technicians may not have access to the necessary proprietary information from manufacturers vendors and developers necessary to assist with a specific technical issue. Our ability to provide assistance may also be limited by other matters outside of our control, such as hardware or software errors or complications not yet resolved by the applicable software or hardware manufacturer.
Maintenance. We may, at any time, without liability or notice, suspend or restrict the Service in order to perform maintenance activities and to maintain session control. RemoteTechSuppport.com’s Use of Independent Contractors to Provide Services RemoteTechSupport.com or its affiliates may contract with one or more independent contractors (also referred to herein as “third-party service providers”) to provide all or some of the Service. You consent and acknowledge to the provision of all or some of the Service by one or more independent contractors engaged by RemoteTechSupport.com or its affiliates for such purposes. In this Agreement, references to “we”, “Business Service”, the “Home Service”, and services provided by “us” or “we”RemoteTechSupport.com“, refer both to RemoteTechSupport.com and to such independent contractors and their technicians and the services provided by them under such engagements by RemoteTechSupport.com or its affiliates.
Warranty The Services may not be successful because the problem or issue at hand may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from RemoteTechSupport.com, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within five (5) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service. As set forth below, there are no other warranties for the Services. RemoteTechSupport.com makes no representations or warranties with respect to guidance, advice,information or other content posted to the Community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Community content and other third party content available on the Site.
DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ADVICE, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, COMPLETENESS, ACCURACY, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMOTETECHSUPPORT.COM DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. REMOTETECHSUPPORT.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO RESULTS, ADVICE, CONTENT OR MATERIALS WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY SOFTWARE OR CONTENT THAT YOU ACCESS, USE OR DOWNLOAD WITH THE SERVICES IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Use of Software and Tools RemoteTechSupport.com may find it necessary to download and/or run software on Your Device to help diagnose, troubleshoot and resolve Your technology problem. RemoteTechSupport.com utilizes several types of software: the first type provides Device system information to RemoteTechSupport.com which helps Us diagnose troubleshoot and resolve Your technology problem, the second type allows RemoteTechSupport.com to remotely control Your Device and modify its software or settings, and the third type usually consists of tools and other utilities to improve Device performance and help resolve Your technology problem. You agree and acknowledge that use of all RemoteTechSupport.com software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may be referenced or appear when You download or access the Software. You may not download or access, or utilize any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party Web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a specific period of time (normally (30) thirty days) unless You purchase a license to continue using such Software. You may utilize the RemoteTechSupport.com software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to Your Device during the Services after we have terminated or completed the Services.
Customer Responsibilities You must fully cooperate with RemoteTechSupport.com and promptly respond to Our requests for information and comply with Our requests to take actions to resolve Your technology problem. In order to help resolve your technology issue, You may be required to consent to the downloading and use of Software on Your Device and accept all applicable license agreements for the Software.
Registration, Passwords and Security In order to use certain Software or Services, We may require that You register. During the registration process, You may be asked to designate, or We may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from RemoteTechSupport.com, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify RemoteTechSupport.com immediately upon learning of any unauthorized disclosure or use of Your password or other account information. RemoteTechSupport.com has no liability for any unauthorized use of the Services under Your account or on Your Device.
Fees and Payment The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one time set-up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is six (6) months. Unless you have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, you may cancel any Subscription Service within five (5) days following Your purchase of the Subscription Service, by contacting RemoteTechSupport.com. Otherwise, the fees for the Subscription Service are not refundable. By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize RemoteTechSupport.com to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs RemoteTechSupport.com that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact RemoteTechSupport.com if You do not wish to renew Your Subscription Service; if You do not contact RemoteTechSupport.com, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at RemoteTechSupport.com’s then-applicable fees.
Service Availability The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to obtain Subscription Services, You must at all times have current and functional antivirus software in place and running on Your Device. Failure to maintain such software may result in additional charges and fees. In order to purchase Subscription Services, Your covered Device(s) must be virus free (as determined by Us) at the time that You purchase the Subscription Service. If We determine that Your Device is infected by a virus, We may require that You purchase a Service to clean Your Device prior to obtaining Subscription Services. RemoteTechSupport.com reserves the right to terminate Your Subscription Service, upon notice, if RemoteTechSupport.com determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that Your Subscription Service is terminated, RemoteTechSupport.com will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.
Use of the Services Your use of the Services is only for Your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services. You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) RemoteTechSupport.com’s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. RemoteTechSupport.com reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from RemoteTechSupport.com. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of RemoteTechSupport.com. Any rights not expressly granted herein are reserved by RemoteTechSupport.com.
Restrictions You shall not: (a) “mirror” any Content on the Site on any other server without RemoteTechSupport.com’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of RemoteTechSupport.com or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages. If You have purchased Personal Subscription Services, or Business Subscription Services, the subscription applies to all peripheral devices (e.g. printers, cameras, home networks) that are attached to Your personal computer at the time that You purchase the Subscription Services. Activation or troubleshooting of other peripheral devices (e.g. devices that are acquired after the date of Your Subscription Services purchase) may require an additional fee. If you have purchased Home or Business Subscription Services, you may obtain Services for the permitted number of personal computers, provided that all of those computers are located at a single physical address or, under the Home Plan only, are with a student at a school, college or university in the United States or Canada. Personal computers located at any other physical address cannot be added to the Home or Business Subscription. If you have purchased Business Subscription Services, you may obtain Services for the permitted number of computers belonging to Your business. Each of Your computers covered by Your Business Subscription will receive a unique identifier. You may not obtain services for Your business computers unless the identifier matches a record in Our system. If you wish to remove one business computer from Your Business Subscription and substitute another business computer, please contact Us.
Modifications to the Services We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.
Additional Future Service Options We may offer additional or different service options (including pricing options) in the future. If we do, the details of those service options, including their stated pricing, payment and durational terms, will automatically be incorporated into these Terms without the need for any action on your or our part, and those service options will be governed by these Terms. For example, we may offer a pre-paid support service for smartphones.
Security While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.
Submissions All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to RemoteTechSupport.com (“Submissions”) shall be considered non-confidential and RemoteTechSupport.com’s property. By providing such Submissions to RemoteTechSupport.com, You agree to assign to RemoteTechSupport.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. RemoteTechSupport.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that RemoteTechSupport.com may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
- restrict or inhibit anyone from using and enjoying the Site or the Site’s services;
- are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
- constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
- violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus, spyware, or other harmful component;
- contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
- contain sensitive, proprietary or confidential information about Yourself or others.
Except as may be expressly permitted in connection with one of the Site’s services, You also may not offer to buy or sell any product or service on or through your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of your activities and You submit Submissions at your own risk. By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such Submissions at any time.
International Use Currently, the Services are only available for residents of the United States and Canada. RemoteTechSupport.com may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You represent and warrant that You are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.
Proprietary Rights RemoteTechSupport.com.com respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. RemoteTechSupport.com is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
Links from and to the Site This Site may contain hyperlinks to Web sites that are not controlled by RemoteTechSupport.com. RemoteTechSupport.com is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of RemoteTechSupport.com. We reserve the right, however, to deny any request or rescind any permission granted by Us to link through such other type of link, and to require termination of any such link to the Site, at Our discretion at any time.
Dealings with Third Parties In the course of delivering the Services to You, we may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although we may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that RemoteTechSupport.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by RemoteTechSupport.com.
Your Responsibility to Obtain Internet and Telephone Connections You are solely responsible for acquiring and maintaining the Internet and telecommunications services and devices required to access and use the Service. The Service does not include Internet, telephone, wireless, wireline or other connectivity services.
TERMINATION REMOTETECHSUPPORT.COM RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, REMOTETECHSUPPORT.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION REMOTETECHSUPPORT.COM MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.
INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY AND HOLD REMOTETECHSUPPORT.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.
LIMITATION OF LIABILITY IN NO EVENT SHALL REMOTETECHSUPPORT.COM, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR DEVICE AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF REMOTETECHSUPPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF REMOTETECHSUPPORT.COM, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.
Governing Law/Venue/Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflicts of laws provisions). No court shall have venue over any case concerning this Agreement other than courts situated in the State of New York. The parties hereby submit to the jurisdiction of the state and federal courts of the State of New York.
Arbitration and Jurisdiction This Agreement shall be interpreted in accordance with the laws of the State of New York, applicable to agreements executed and to be wholly performed therein. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the American Arbitration Association, as said rules may be amended from time to time with rights of discovery if requested by the arbitrator, or if appropriate and in the sole discretion of the Owner by an Approved Dispute-Resolution Service Provider. Such rules and procedures are incorporated into and made a part of this Agreement by reference. The Parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The Parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing Party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys’ fees, and expenses. Any arbitration award shall be final, binding and non-appealable.
Electronic Communications The information communicated on this Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that RemoteTechSupport.com, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us. Notices and communications to RemoteTechSupport.com must be sent to the applicable address given in these Terms or to customersupport@remotetechsupport.com.
General Information This version of the Terms is effective as of August 2011. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and RemoteTechSupport.com and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and RemoteTechSupport.com. The failure of RemoteTechSupport.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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. You may not assign the Terms or any of Your rights or obligations under the Terms without RemoteTechSupport.com’s express written consent. The Terms inure to the benefit of RemoteTechSupport.com’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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