Terms & Conditions
1. Availability of Services
telephone support services and online technical support services and products (collectively, the "Membership Services") are available only to one (1) registered user (each, a "Member") for the one (1) or more computer systems registered (each, a "Registered System") with
. Toll-free telephone support is only available to Members calling from within the United States. Depot and Onsite Repair Services and Replacement Parts coverage are not available to members outside the Continental United States.
2. Supported Technology
The Membership Services include telephone support services and online technical support services for the following platforms, devices, operating systems, applications and other items listed here. As new computer technology becomes generally available, will use its best efforts to support such technology also.
3.
Responsibilities
will use its best efforts to resolve Members' basic problems for a Registered System.
will attempt to resolve such problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the problems. Live and online response times may be delayed due to research and inquiries, as may be necessary.
live or online support does not assure that every request for technical support will be resolved to Member's satisfaction. Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic or online support.
has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve Member's problem.
4. Member's Responsibilities
Member is responsible for providing with complete information concerning each Registered System, and to notify
by email in the event Member wishes to change a Registered System. Prior to seeking support, Member is solely responsible for adequate protection and backup of Member's data, software and/or hardware. Member shall not provide Member's password to any third person or permit its use by any third person. Member understands and acknowledges that neither
nor any of its third-party product or service providers shall be responsible for any lost data, re-run time, inaccurate output, or work delays resulting from any technical support services, other services, or products provided by
.
5. Optional Services
Optional onsite services for software, hardware, installations, training, and other support services outside the scope of the standard services are available on an hourly basis. Additional service charges will apply and will be quoted on a case-by-case basis. Direct billing will be handled by .
6. Third-Party Link and Content Disclaimer
Links contained in website may cause a user to leave the
website. Such linked websites are not under the control of
and
is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites.
provides these links from the
website only as a convenience, and the inclusion of any link does not imply any endorsement by
of the website or any of its contents. All users use materials and information in third-party websites at their own risk.
7.
Privacy Policy; Third-Party Privacy Practices
All use of the Membership Services and the website is subject to
Privacy Policy, which may be reviewed by clicking here. Though
promotes responsible privacy policies,
cannot control or be responsible for the privacy practices of third-party websites or service providers to which the
website contains links, or for the privacy practices of providers of software or other repair services or products that are available from the
website or membership plan.
8. Renewal and Cancellation
Each membership will be automatically renewed for another annual membership term on the anniversary of Member's original enrollment date (the "Anniversary"), at the same annual fee and plan type, unless Member notifies
thirty (30) days prior to the Anniversary that Member elects not to renew the membership. Member must contact
Sales and Customer Service Center in order to notify
of the non-renewal, and must present the correct membership, credit card, and registration information for verification and authorization to cancel. Refunds will not be given for cancelled accounts.
9. Memberships Non-Transferable
memberships, and all rights of Members to receive Membership Services, are non-transferable.
10. NO WARRANTIES
MEMBERSHIP SERVICES, THE
WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE
WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY
AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE MEMBERSHIP SERVICES, THE
WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE
WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY
. TECH OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE MEMBERSHIP SERVICES, THE
WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE
WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY
OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Force Majeure
In the event delivery of the Membership Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond
reasonable control, then
shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
13. Modifications to Terms & Conditions
reserves the right to amend the Terms & Conditions that govern use of the Membership Services and the
website at any time by (a) posting a revised version of the Terms & Conditions on the
website, or by (b) sending information regarding any amendment to the Terms & Conditions to the email address Member provides to
. Member is responsible for regularly reviewing the
website to be notified of any amendments to the Terms & Conditions. Member's continued use of the Membership Services after such amended Terms & Conditions have been posted or information regarding such amended Terms & Conditions has been sent to Member shall be deemed acceptance by Member of the amended Terms & Conditions.
14. Fair Usage Policy; Suspension or Termination of Memberships
Though has set no fixed upper limit on the amount of telephone or online support requests a Member may make annually, each Member's use of the Membership Services is subject to
"fair use" policy. Under this policy, if at any time, in
sole discretion, Member's use exceeds the level of use reasonably expected from someone using different Plans, then
reserves the right to suspend or terminate Member's Membership Services. In addition,
reserves the right to suspend or terminate any Membership Services of any Member that
, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member, or (c) for any computer system other than a Registered System.
15. General
In addition to the Terms & Conditions, Member agrees to be bound by the Privacy Policy and all other legal notices contained on the website, which collectively constitute the entire agreement between Member and
.
and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. California law will govern any action related to the Terms & Conditions, without regard to conflict of law principles. The Terms & Conditions shall be construed as if it was executed and performed in San Francisco, California. Any cause of action by a Member or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. If any provision of the Terms & Conditions be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms & Conditions shall remain in full force and effect.
failure to enforce any provision of the Terms & Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The
website is available internationally and may contain references to
products, services, and programs that are not available in a viewer's country. These references do not imply that
intends to make such products, services, or programs available in such country.