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Terms of Service This document consists of the Terms of Service Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement between you, ("You") the visitor to our site and/or client receiving our services and My Tech Consultant, South Carolina, USA. As a requirement, precedent to you being able to use any of the tools, functions and services offered you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any element of this site, or use any functions, tools, or services that this site offers, register as a member, or view any text or graphics, such activities on your part means explicitly and definitely that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement, you must leave this Site promptly and you may not retain our services. Service Plans and Related Information All service plans are subject to modification or cancellation at any time with no prior notice. My Tech Consultant, South Carolina, USA reserves the right to cancel service at any time with no prior notice, for any reason they, in their sole discretion, deem appropriate. You agree, as our client, to be financially responsible for all services rendered. You also agree to refrain from requesting "charge-backs" or cancelling any fees or service charges paid for with your credit card. For Personal and Business Subscription Services, the minimum subscription duration is twelve (12) months. By authorizing My Tech Consultant to charge your credit card for your subscription service, you further authorize My Tech Consultant to continue to charge your credit card (or a replacement card, if the credit-issuing entity informs My Tech Consultant that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact My Tech Consultant if you do not wish to renew your Subscription Service. If you do not contact My Tech Consultant, the Subscription Service that you selected will automatically renew for the same subscription duration that you initially selected, at My Tech Consultant's then-applicable fees. The subscription plans do not include support for iTunes, graphic design, accounting, financial, database, CAD/CAM or similar software nor do they support any software training. Authorization to Access Your Computer; Monitoring of the Services You acknowledge that by Your use of the Services You are authorizing My Tech Consultant to access and control Your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the Services, My Tech Consultant 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 My Tech Consultant 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 My Tech Consultant 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. 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 hereby grant permission to My Tech Consultant to monitor and record the Services and to use or disclose any information as 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 provide to You in the future. You also grant My Tech Consultant permission to combine Your information with that of others in 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 law, regulation 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 features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability. Data Backup My Tech Consultant 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 My Tech Consultant 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. My Tech Consultant 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. DisputesIf you are dissatisfied with the work performed, you must submit your complaint in writing within seven calendar days of the service being performed otherwise you expressly relinquish any ability to dispute the quality of service and any related refusal to pay our service and related charges. We will act in response to your written complaint as soon as we are able to and will endeavor to resolve the issues regarding your complaint. All complaints that are not resolved will be resolved by mandatory, binding arbitration as set forth herein. Failed Service Attempts We will act in all reasonable ways to establish the nature of the problem(s) that require our professional attention and to locate, analyze and correct those errors or problems. Nonetheless, we do not promise that, despite our best efforts that we will be able to successfully resolve the problems you have retained us to check up and repair. Consequently, you are still liable for and must pay us for our time spent attempting to repair your problems even if we cannot, using all reasonable efforts, produce actual repairs. Trademarks, Service Names, Service Marks, and other Intellectual Property You are not authorized to use our trademarks, name, or any aspect of our various elements of intellectual property in any manner, including advertising, publicity or any commercial or non-commercial nature without our express written consent. Right to Refuse, Suspend or Terminate Service; Excessive Use We reserve the right to refuse, terminate, or suspend service to any user for any reason we deem, in our sole discretion, to do so, without any prior notice. Typically, we will suspend, terminate or refuse service if we determine that a user is using a computer system in an improper or illegal manner, providing indecent or obscene content, violating the rights of privacy or publicity, violating the civil rights of others, conducting actions that defame a third party or entity, are publishing "hate" or intolerant material, or are threatening or harassing others. However, we may also suspend, refuse, or terminate service for any reason that we, in our sole discretion, consider appropriate to do so, which includes, but is not limited to excessive use of our service. For Personal 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. Personal computers located at any other physical address cannot be added to the Subscription plan. For both Personal and Business Services, My Tech Consultant will assign a unique identifier to each computer you wish to have covered by the Subscription Service. You may not obtain services for your computers unless the identifier matches a record in our system. If you wish to remove a computer from your Subscription and substitute another computer, please contact us. Expiration of Service and Refund Policy We fully reserve the right to expire any prepaid and unused professional time and services that remain on your account if such has not been used within a year of the original purchase date. Such unused professional time and services will thusly expire and shall not be usable or refundable upon expiration. We shall have no duty to notify you of our decision to expire the unused professional time or services or any pending expiration. All services sold are non-refundable. 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. Minimum Requirements for Service You must have a broadband or high speed connection to the Internet to receive service and your computer must be actively connected to the Internet through a broadband or high speed connection at all times service is rendered or to be rendered by us. You must also have a registered, valid copy of Microsoft Windows 2000, XP, Vista, or 7 installed as your system's operating software during all service periods. Your computer must be connected and operating while we are conducting repair, diagnosis, or downloading software or otherwise installing repair-related materials. You must allow us to download and install recommended software, including software that will require you to pay a licensing fee if ample freeware is not available and you will be responsible for all licensing fees and registrations for the same. You also agree that we may remove any software that is creating conflicts or is otherwise determined by us to be harmful or otherwise disruptive of the appropriate efficiency or working of your computer. We will endeavor to gain your prior approval before we install software or delete software, but you agree that we may delete and/or install software at our sole discretion without your prior approval if we deem it, in our exclusive discretion, to be in your best interest for us to do so and you agree to hold us harmless from any loss/failure of any nature relating to our installation and/or deletion of software on your computer. If you have Microsoft Windows Vista or Windows 7 installed on your computer, you may be required to disable your User Account Control (UAC). If you do render inoperative the UAC, you understand that your computer may be vulnerable to malware and other harmful programs and scripts during the short period that we are accessing your computer and you agree to hold us harmless from any failure and/or losses of any nature arising from this susceptibility of your computer arising from your temporary disabling of your UAC or your failure to correctly and promptly reestablish your UAC protections. You agree that you will promptly reactivate your UAC as instructed by us when we expire our access to your computer. 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. General Site RulesClients, site members, and visitors may not:
We may post policies, rules, or guidelines. Upon the posting of such materials from time to time, they immediately become incorporated by reference into this Agreement as if fully set forth herein. Some rules that cannot be infringed by members or users include the following:
We have also published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if completely set forth herein. Disclaimer of Warranty We issue no type of warranty whatsoever and do not make any representations or warranties regarding the suitability, availability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any particular or general purpose of the site, or the products, services or tools, herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, usefulness or accuracy of information gathered from or through the site. The site and all content distributed, contained, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied. Intellectual Property Provisions All content provided within or via this site is fully protected by various US and international patent laws, copyright laws, trademark regulations and laws, and various intellectual property laws and international agreements and treaties. No intellectual property of any nature contained within or via this Site may be published, copied, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "mirrored" or "framed". The product names used in this web site are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners. Disclaimer Regarding Functionality All tools, functions, content, and services provided via this Site are provided on an "as is" basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not separately and independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to validate and verify any and all claims presented within this Site Termination of Service We fully reserve the right to terminate and conclude any and all service provided to you (either as an individual member/user or as a group) at any time without notice for any reason that we consider fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you unmistakably agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. You agree that monetary damages may not adequately provide a solution or remedy for us if you violate any of the terms and conditions of this Agreement and you distinctly agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate or abuse any element of this Agreement. Automatic Usage or Viewing of this Site You may not use any automated scripts or "robots" to access, manipulate or copy any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses up more than .01% of the software and hardware infrastructure of this Site. Links to Third Party Sites We may provide links to third party sites; however, we are not at all responsible for the content of such sites or their privacy policies or terms of uses. Please carefully review the privacy policies and terms of service of all such sites prior to usage. You in every way assume the risk of any usage of such third party sites. Submissions All submissions are non-confidential in nature. All submissions (but not personal information) become the property of this Site. "Submissions" may be thought of as "suggestions/ideas" type of email or letters or "letters to the editor" that you might send us. We may publish and/or circulate all submissions in any manner that we deem to be appropriate, including in all forms of publication and media You are exclusively responsible for the content of all submissions, including any violation and defiance of any law(s) contained within such submissions, copyright, fraud, privacy, and other regulations and laws. You fully agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who establishes that your submissions support a legal cause of action. We also reserve the right to publish the contents of emails that you send us, removing personally identifying information prior to publication. Examples would be letters of praise, testimonials, thank you notes and so forth. Limitation of Liability We are not responsible for any damages arising from your use of this Site, or any functions, tools or services that this Site provides to you, whether the cause of action be based on breach of contract, tort, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly. Content Issues We are not responsible and answerable for any content provided to you by our site members. We do not screen or monitor content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of any third party or entity or one or more of our users. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of publicity or privacy, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your loved ones, family members, or computers, to objectionable content and agree to waive any possible or potential liability that we may have regarding content provided to us via members or third parties that violate or abuse any intellectual property rights or any other civil law. You understand and agree that usage of the Internet means that you are subject and prone to the risk of viewing or receiving offensive or harmful content and files. We do not promise that we will edit and review all content for accuracy, safety, quality, or decency that you encounter via our Site. Jurisdiction This Agreement, including all types of Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all controversies, disputes, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Dover or any location closer to or within Dover, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All documents, papers, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to amend, alter, or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section. Foreign Usage We evidently make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). General Information This site may contain typographical errors or mistakes, and we entirely disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors. We may modify or revise any portion of this Agreement at any time without notice to you. You must fully read this Agreement each time you visit our site or use any service or tool that we provide to you via this site or elsewhere. Any usage of this site or tools, services or functions that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement. Notice Notices to you may be issued via electronic mail or by surface mail, at our exclusive selection. Force Majeure Neither party shall be liable for any failure or delay in performance due to Force Majeure, which shall mean acts of God, earthquake, changes in law, regulation or government policy, labour disputes, war, fire, flood, insurrection, riots, sabotage, embargo, epidemics, acts or omissions of suppliers or vendors, transportation difficulties, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party hardware or software or inability to obtain supplies, raw materials, or power used in or equipment needed. We are not responsible for server downtime under any circumstances whatsoever. Intellectual Property Notices You fully agree that you have been suitably noticed of any trademark, copyright, patent, trade dress, service mark, or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature. All product names, logos, symbols, marks, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations. |
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© Copyright 2010 My Tech Consultant. My Tech Consultant, its logos and designs are trademarks of My Tech Consultant.
All other trademarks are the property of their respective owners.
© Copyright 2010 My Tech Consultant. My Tech Consultant, its logos and designs are trademarks of My Tech Consultant.
All other trademarks are the property of their respective owners.