PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These terms (the “Terms”) govern your use of the web site at
www.support.com
(“Site”) and any computer support services provided either by telephone or
computer (the Site and the computer support services are collectively referred
to as the “Services”) provided by TechTeamOne, Inc., its subsidiaries,
affiliates and contractors (“TechTeamOne,” “we” or “us”). By accessing,
ordering or using the Services via telephone or online via the Site, you (“You”
or “Your”) and other users of the Services (collectively, “Users”) agree to
these Terms and our Privacy Policy available at
www.support.com/privacy_policy.
If You do not agree to these Terms, You may not access or use the Services.
Terms of Use
We provide You with access to and use of the Services
subject to Your compliance with the Terms. TechTeamOne reserves the right to
refuse to provide the Services to anyone at any time without notice for any
reason. You represent and warrant to us that (a) You are at least 18 years old;
(b) You have the right, capacity and authorization 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 treaties, laws, rules and
regulations applicable to Your use of the Services, (e) any information You
submit to TechTeamOne is correct and complete, and (f) any payment or credit
card information You supply is correct.
Authorization to Access your Computer
You acknowledge that by your use of the Services you are
authorizing TechTeamOne to access and control your computer for the purposes of
computer diagnosis, service and repair.
In connection with delivering the services, TechTeamOne may
download and use software, gather system data, take remote control of your
computer and access or modify your computer settings. By accepting these terms,
you hereby grant TechTeamOne the right to connect to your computer, download
and use software on your computer to gather system data, repair your computer,
take remote control of your computer and change the settings on your computer
while performing the services. Other than as set forth in the warranty section
below, you agree that TechTeamOne has no responsibility or liability under any
circumstance at any time for any loss or harm that may arise from or may be
related to the services.
Data Backup
TECHTEAMONE DOES NOT
PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR
MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS
(COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE
MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT TECHTEAMONE
OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY
CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE
OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.
TECHTEAMONE DOES NOT
PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO
CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY
SOFTWARE.
Scope of Services
You may initiate the Services via telephone or other means
made available by TechTeamOne. TechTeamOne will use commercially reasonable
efforts to answer Your personal technology question and resolve Your personal
technology problem for a fee as set forth in the Site or quoted on the
telephone. Upon receiving the telephone call, TechTeamOne may provide certain
portions of the Services via remote control session, online chat or e-mail. We
may set forth limits to the personal technology we support. Certain Services
may have minimum system requirements.
Warranty
The Services may not be successful because the problem may
be beyond our ability to resolve remotely. If we are not able to answer Your
question or resolve Your personal technology problem and You have complied with
all Your obligations in these Terms, we will not charge you a fee for the
Services. 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 Services,
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 Services. As set forth below, there are no other
warranties for the Services.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH
ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND
SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. TECHTEAMONE DOES NOT WARRANT THAT THE SERVICES WILL BE
TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR
QUESTION OR COMPUTER PROBLEM. TECHTEAMONE MAKES NO WARRANTY THAT THE SERVICES
WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR
MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL
CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS 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
TechTeamOne may need to download and/or run software on Your
personal computer to help diagnose and resolve Your personal technology
problem. TechTeamOne uses several types of software: the first type provides
computer system information to TechTeamOne which helps us diagnose and resolve
Your personal technology problem, the second type allows TechTeamOne to
remotely control Your computer and modify its settings or software, and the
third type generally consists of utilities and other tools to improve computer
performance and help resolve Your personal technology problem.
You acknowledge and agree that use of all TechTeamOne
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 appear or be referenced when You
access or download the Software. You may not access, download or use 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 certain
period of time (usually thirty days) unless you purchase a license to continue
using such Software. You may use the TechTeamOne 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 computer during the
Services after we have completed or terminated the Services.
Customer Responsibilities
You must cooperate with TechTeamOne and promptly respond to
our requests for information and comply with our requests to take actions to
resolve Your personal technology problem. You must consent to the downloading
and use of Software on Your personal computer and accept all applicable license
agreements for the Software.
Monitoring of the Services
We may, but have no obligation to, monitor and record the
Services, including telephone calls and online sessions for purposes of
improving customer service, internal training and internal market research. You
acknowledge and agree that we do retain the right to monitor and record the
Services and to disclose any information as necessary or appropriate to satisfy
any law, regulation or other governmental request, to operate the Services
properly, or to protect ourselves and/or our Users. Please see our Privacy
Policy for further details.
Registration, Passwords and Security
In order to use certain 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 TechTeamOne, and are responsible for all activities that occur
using that password or other account information. You must notify TechTeamOne
immediately upon learning of any unauthorized disclosure or use of Your
password or other account information. TechTeamOne has no liability for any
unauthorized use of the Services under Your account or on Your computer.
Fees and Payment
The applicable fees for the Services You order will be
quoted on the telephone and 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.
Recurring Billing
By purchasing a Monthly, Quarterly, Biannual or Annual Subscription, you agree to an initial and recurring subscription fee at the then-current Subscription rate, and you accept responsibility fo all recurring charges until you cancel your subscription. You may cancel your Subscription at any time. If cancellation happens during the middle of an active subscription you are entitled to a prorated refund equal to the remainder of the subscription duration at the initial purchase price.
Recurring Billing - Declined Payment
If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you will need to provide us with a valid form of payment to continue your Subscription services. Your Subscription services will not be active during times of non-payment and will reactivate as soon as we are able to properly process payment for said services. If you let payment lapse for a a period longer than 60 days from the date the payment failed, you will be required to pay the one-time setup fee again, in order to restore Subscription services, as it will then count as a brand new Subscription.
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.
Use of the Services
Your use of the Services is only for personal and
noncommercial purposes on Your personal technology, and not for 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
personal support 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) TechTeamOne'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. TechTeamOne 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 TechTeamOne. 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 TechTeamOne. Any rights not expressly
granted herein are reserved by TechTeamOne.
Restrictions
You shall not: (a) “mirror” any Content on the Site on any
other server without TechTeamOne'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 TechTeamOne 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.
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.
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 TechTeamOne (“Submissions”) shall be considered non-confidential
and TechTeamOne's property. By providing such Submissions to TechTeamOne, You
agree to assign to TechTeamOne, at no charge, all worldwide rights, title and
interest in copyrights and other intellectual property rights to the
Submissions. TechTeamOne shall be free to use and/or disseminate such
Submissions on an unrestricted basis for any purpose. 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. Any or all Submissions You provide
in connection with the Services may be purged periodically in TechTeamOne's
sole discretion.
International Use
Currently, the Services are only available for residents of
the United States and Canada. TechTeamOne 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, the United
States Department of Commerce. 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
TechTeamOne 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. TechTeamOne 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.
Trademark Information
TechTeamOne, support.com, all TechTeamOne product names,
service names, logos, designs, titles, words or phrases are protected under law
as the trademarks, service mark or trade names of TechTeamOne, Inc. Such
trademarks, service marks and trade names may be registered in the United
States and internationally. Nothing on the Site should be construed to grant
any license or right to use any TechTeamOne marks without the written consent
of TechTeamOne, Inc. All other trademarks, product names, trade names, and
logos used within these pages are the property of their respective holders. Use
of other company trademarks, trade names, product names and logos or images of
the same does not necessarily constitute: (1) an endorsement by such company of
TechTeamOne and its products, or (2) an endorsement of the company or its
products by TechTeamOne.
Links from and to the Site
This Site may contain hyperlinks to Web sites that are not
controlled by TechTeamOne. TechTeamOne 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 TechTeamOne. 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
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 TechTeamOne
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 TechTeamOne.
TERMINATION
TECHTEAMONE 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, TECHTEAMONE 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 TECHTEAMONE 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 TECHTEAMONE, 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 TECHTEAMONE, 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 PERSONAL COMPUTER 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 TECHTEAMONE 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 TECHTEAMONE 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
The substantive laws of the State of Texas, United States of
America, without reference to any conflicts of law principles that would
require the application of the laws of any other jurisdiction, shall govern
these Terms. The parties agree that the U.N. Convention on Contracts for the
International Sale of Goods will not apply to this Agreement. Any action or
proceeding arising from or relating to the Services shall be subject to the exclusive
jurisdiction of the state or federal courts in Austin, Texas and You expressly
agree to submit to the personal and exclusive jurisdiction and venue of these
courts. Notwithstanding the foregoing, TechTeamOne may bring an action to
protect or enforce its intellectual property rights in any applicable
jurisdiction.
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 we may communicate electronically 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 TechTeamOne must be sent to
the applicable address given in these Terms or to [email protected]
Notice for California Users
Under California Civil Code Section 1789.3, California users
of the Site are entitled to the following specific consumer rights notice: The
headquarters of TechTeamOne is currently located at 11525 Stonehollow Dr. STE
170 Austin, TX 78758, phone (512)220-4400. The charges for the Services are
specified on the Site. If you have a complaint regarding the Services or want
to request a paper copy of these Terms, please contact TechTeamOne by writing
to the address above, or by e-mail at [email protected], or by calling (877)822-5150.
In Texas, The Office of the Attorney General , Consumer Protection Division may
be contacted in writing atPO Box 12548, Austin, TX 78711-2548.
General Information
This version of the Terms is effective as of December, 2013.
The Terms together with the Privacy Policy and any applicable license
agreements constitute the entire agreement between You and TechTeamOne and
govern Your use of the Services, superseding any prior or contemporaneous
agreements between You and TechTeamOne. The failure of TechTeamOne 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 TechTeamOne's express written consent. The
Terms inure to the benefit of TechTeamOne"s successors, assigns and
licensees. The section titles in the Terms are for convenience only and have no
legal or contractual effect.