Terms of Service

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ATTENTION: USING FixPC4Me.com (FIXPC4ME) SERVICES INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS AND ANY SUBSEQUENT AMENDMENTS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE FIXPC4ME SERVICES.

This User agreement between FIXPC4ME and you, your assigns, agents and contractors ("You") is made effective as of the date of electronic execution. You also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your agent, and transactions entered into by anyone who uses your account. This agreement sets forth the terms and conditions of your use of FIXPC4ME website and services.

The Service: FIXPC4ME services include interaction with a live technician who will attempt to improve the performance of your system by modifying your personal desktop software. Services may include downloading and running both fee based and free software fixes, along with manually modifying and repairing Microsoft® operating systems and applications installed thereon. The services are only available in the English language for customers in the United States and Canada at this time.

FIXPC4ME provides the following support:

Remove and secure your PC against pop-ups, viruses, spyware, Trojan horses, worms, and other undesirable programs and files.

Optimize Microsoft® Windows Vista, XP or 2000 operating system and Microsoft Office 2000, XP/2002, or 2003 software to improve system performance and security.

Update Microsoft® software and eliminate compatibility issues.

Answer "how to" questions related to Microsoft® Windows XP or 2000 operating system and Microsoft Office 2007, 2003, XP/2002, or 2000 applications.

Provide hardware and software recommendations.

Provide problem identification help for hardware and network issues.

Provide support with software firewalls and Parental Controls.

Provide a maximum of one comprehensive tune-up per computer per year.

A tune-up is not part of "support", but FIXPC4ME agrees to provide a maximum of one comprehensive tune-up per computer per year for subscription members.

If the customer partially or fully "undos" or removes the work completed by an FIXPC4ME technician, FIXPC4ME is not obligated to rework previous work that has already been completed by the technician. FIXPC4ME may charge the customer $79.95 per hour to redo work that was completed on previous work sessions.

The customer must comply with all laws. If FIXPC4ME believes that a crime has, may have or will be committed in the future, FIXPC4ME may in its sole discretion report the information forming that belief to authorities and fully cooperate with authorities.

Availability of Service: You agree that from time to time FIXPC4ME services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment failures, (2) periodic maintenance procedure or repairs which FIXPC4ME may undertake, (3) causes beyond the control of FIXPC4ME or which are not reasonably foreseeable by FIXPC4ME, including without limitation, interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion or other failures.

Fees: In consideration for FIXPC4ME providing its services or granting a license to certain FIXPC4ME software for the term of this Agreement, You agree to pay FIXPC4ME a signup and service fee. These fees relate to a single personal computer only. Additional fees are required for additional computers, to transfer this service to a different computer, or to reconfigure this computer in the event of a hardware failure. FIXPC4ME reserves the right to increase the fees at any time and the increased fees shall only be posted on the FIXPC4ME website, which you should review from time to time.

Payment Method: You agree to provide and maintain a valid credit card or debit card on file with FIXPC4ME to purchase service. If You select a monthly payment plan, You will be billed in advance each month on the date You purchased service for the next month's service. You agree to keep a valid credit or debit card on file in the FIXPC4ME website throughout the term of this Agreement.

Service Renewal: Your initial service agreement is for a twelve month period. If You selected a monthly payment plan Your service will automatically be renewed following the initial term on a month-to-month basis. Monthly charges will continue until You provide written notice to FIXPC4ME that you wish to cancel your service. If You selected an annual payment plan You will be notified via email at least 30 days prior to the end of Your service term to renew services for the following year.

Cancellation Policy: You agree this service agreement is for a one year term. If You select a monthly payment plan and terminate this agreement prior to the six month minimum term requirement, You agree to pay a cancellation fee equal to the number of hours of service provided at $79.95 per hour, or $150, which ever amount is greater. If for any reason FIXPC4ME is unable to charge Your credit card or debit card with the full amount of the service provided FIXPC4ME may pursue all available remedies in order to obtain payment, including turning Your account over to a collection agency. In addition, FIXPC4ME is entitled to recover any sums expended in connection with the collection of fees, including reasonable collection agency fees and attorney's fees.

Refund Policy. Refunds will not be issued after services have been rendered. If FIXPC4ME is unable to solve a computer software problem or determines that a customer's computer is not repairable, a refund may be issued at the sole discretion of FIXPC4ME. All requests for refunds shall be made via a written notice to the FIXPC4ME billing department at support@fixpc4me.com.

Your Cooperation. You agree that Your computer has a high-speed or broadband connection to the Internet (specifically a quality, stable broadband connection with a minimum continuous connection speed of 256Kb/s upload and download). Said connection must not have bandwidth usage restrictions that will affect use by FIXPC4ME. Satellite, "Air cards" and cell phone tethering do not qualify as a sole connection for subscription. You agree to allow FIXPC4ME to temporarily control Your computer and access your computer functions. You agree to leave Your computer and internet connection operating while FIXPC4ME is diagnosing, downloading or fixing your computer. For the most efficient and cost effective service, You agree to allow FIXPC4ME to download certain suggested software (may require fee-based if sufficient freeware is not available) or remove harmful software or databases to facilitate proper diagnosis or functioning of Your computer. While FIXPC4ME will attempt to obtain Your prior approval before deleting or installing important software, You agree to allow FIXPC4ME to improve Your computer operations without obtaining Your prior approval.

Windows Vista Users: For FIXPC4ME to access your Windows Vista system, you may need to disable your UAC (User Account Control). By disabling the UAC, you understand that you may be allowing your computer to be susceptible to malicious programs for the brief time that FIXPC4ME is accessing your computer. After each time FIXPC4ME terminates its access to your computer, you agree to re-enable the UAC as instructed by FIXPC4ME. You agree that FIXPC4ME is not liable or responsible for any security breaches during the time FIXPC4ME is on your computer, or if you do not re-enable your UAC as directed after FIXPC4ME terminates access to your computer.

Appointment Restrictions. FIXPC4ME may only promote and resell the Services to Users located within North America.

UNDER NO CIRCUMSTANCES SHALL FIXPC4ME OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FIXPC4ME HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF FIXPC4ME AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO FIXPC4ME FOR THE LAST 12 MONTHS OF SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN FIXPC4ME AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Use of Software: If You download software from this Site or if FIXPC4ME downloads (or suggests that You download) software to Your computer, the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to You by FIXPC4ME or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to You, but remain with FIXPC4ME or the respective software vendor, who owns full and complete title. You may not copy, transfer, sub resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until You have read and accepted these Terms.

You acknowledge and agree that FIXPC4ME may, only upon Your selection of an approval icon, remotely access Your computer and check the software, databases and/or its components that You are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to Your computer. You understand that FIXPC4ME may access personal information on Your computer or information related to Your computer; however, FIXPC4ME shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by FIXPC4ME on Your computer, except as required by law. Moreover, FIXPC4ME shall provide You with a function to automatically terminate FIXPC4ME access to Your computer at any time. FIXPC4ME may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement. FIXPC4ME agrees not to knowingly transmit to Your computer systems any virus, worm, Trojan-horse, sniffer, or other code designed to disrupt the functionality or availability of any of Your computer systems, programs or databases. In fact, it is FIXPC4ME's intention to eliminate these nuisances.

FIXPC4ME Authorization to Download Software: You hereby designate and appoint FIXPC4ME as agent and attorneys-in-fact to act for and in Your behalf to execute and submit any document and to do all other lawfully permitted acts with the same legal force and effect as if executed by You to purchase (if necessary), register and download software or for any other acts to further the purposes of the Agreement. FIXPC4ME shall require that You enter your own credit card number directly into the vendor website to facilitate the license of any software downloads that requires a one time or periodic fee. Alternatively, FIXPC4ME may request your permission to purchase software on Your behalf, and if You agree, FIXPC4ME may purchase software on Your behalf and charge Your credit card as part of the FIXPC4ME invoice process. You agree to provide (and update) true, current, accurate and complete information about yourself as requested during the FIXPC4ME or vendor software registration process.

For any software which FIXPC4ME downloads to Your computer and for which the software vendor requires review of the terms and conditions prior to download, FIXPC4ME shall send (via email only) a copy of any available software terms and conditions to You as soon as practical. If you disagree with any of the terms and conditions of the respective software for any reason, promptly uninstall the vendor software.

The respective software vendor shall be directly and solely responsible for all warranties, liabilities and customer service issues related to the vendor software. FIXPC4ME disclaims all warranties and responsibilities related to the vendor software, and FIXPC4ME shall not be liable to You or the software vendor for any reason.

Downloaded Vendor Software and Links to Third Party Web Sites: FIXPC4ME shall attempt to monitor the health of Your computer and fix problems by providing suggestions, along with downloading and executing applicable components. FIXPC4ME does not guarantee that FIXPC4ME will locate, diagnose or fix any or all problems or eliminate all viruses, worms, spyware, etc. FIXPC4ME may download software applications that constantly or intermittently run on your computer which may execute code to analyze system performance and scan for problems. FIXPC4ME may provide links to other third-party Web sites or resources or downloads of third party software. Such links or software provided on this Site or by an FIXPC4ME representative are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. FIXPC4ME has not reviewed all of these vendor software and third party sites and does not control and is not responsible for any of the vendor software, sites or their content. Thus, FIXPC4ME makes no representations whatsoever about any other vendor software or web site which You may access through this Site, or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the vendor software or sites linked to this Site, You acknowledge and agree that FIXPC4ME is not responsible for the availability of such external software, sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such software, sites or resources. It is up to You to take precautions to ensure that whatever You select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and You do so entirely at Your own risk. Accordingly, You agree that FIXPC4ME shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party software, materials, content, products or services provided by FIXPC4ME or available on or through any such site or resource.

Use of Site: FIXPC4ME authorizes You to view and download the software and materials at this Web site and other web sites that are linked to this site or affiliated with this site ("Site"), under the condition that all the information, communications, software (whether downloaded to Your computer by You or by FIXPC4ME), scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content"), is intended only for Your personal or company use (not for re-distribution to any other computer), and provided that You retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the Content at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited. The Content at this Site is copyrighted and any unauthorized use of the Content at this Site may violate copyright, trademark, and other laws.

Trademarks and Service Marks: There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, FIXPC4ME is not granting You a license to use them in any fashion.

User Submissions: Other than personally identifiable information or information obtained by FIXPC4ME regarding Your computer which FIXPC4ME shall use for internal purposes and customer service only, any material, information or other communication You provide to FIXPC4ME or transmit to this Site will be considered non-confidential and non-proprietary ("Communications"). FIXPC4ME shall use commercially reasonable efforts to maintain the security of your personally identifiable information; however, You submit such information at your own risk. You agree that FIXPC4ME may use only aggregate information and statistics regarding all client computers for any purpose. You understand and agree that any oral conversations or written communications to FIXPC4ME may be recorded or used for training purposes. You agree not to disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted content, including impersonating another person or entity. For any of your communications to FIXPC4ME which include improvements to FIXPC4ME business operations or functions, You grant FIXPC4ME an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to You. FIXPC4ME is not responsible for the privacy policies or content of any linked websites or of any vendors which provide the software suggested or downloaded by FIXPC4ME.

Termination: This agreement shall commence on the date You accept these terms and purchase service or the date You begin receiving service from FIXPC4ME, whichever is earlier, and shall continue in effect until You no longer are a customer of FIXPC4ME. FIXPC4ME, in its sole discretion, may terminate or restrict Your use or access to this Site (or any part thereof) or FIXPC4ME services for any reason (and without notice), including, without limitation, if FIXPC4ME believes You have violated or acted inconsistently with the letter or spirit of these Terms, or if You are in breach of the terms of this Agreement or any of the payment terms. You agree that FIXPC4ME shall not be liable to You or any third party as a result of FIXPC4ME suspension or termination of services. Upon termination, You agree to immediately destroy or uninstall any copies FIXPC4ME software or other materials.

Disclaimer: THE FIXPC4ME AND VENDOR SOFTWARE DOWNLOADED BY FIXPC4ME (OR SUGGESTED BY FIXPC4ME) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY FIXPC4ME ARE PROVIDED "AS IS" WITHOUT ANY FIXPC4ME WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FIXPC4ME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, EFFECTIVENESS OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE FIXPC4ME SERVICES OR THE CONTENT OR FUNCTIONALITY OF THE FIXPC4ME OR VENDOR SOFTWARE, SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Any software or material for which FIXPC4ME suggests or downloads to your computer is implemented at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this site. Information published at this Site may refer to products, programs or services that are not available in your country, or you must comply with all local laws, if applicable.

Limitation of Liability: IN NO EVENT WILL FIXPC4ME BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF FIXPC4ME OR VENDOR SOFTWARE DOWNLOADED OR SUGGESTED BY FIXPC4ME OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF FIXPC4ME SERVICES, THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, FIXPC4ME'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR FIXPC4ME SERVICES.

Applicable Laws: This Site is controlled by FIXPC4ME from its offices within the United States of America. FIXPC4ME makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States and Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the downloaded software or Content in violation of U.S. export laws and regulations. Your agree to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.

Governing Law; Arbitration: These Terms will be governed by the laws of the State of Texas. The parties further agree that in addition to any other court of competent jurisdiction, the Superior Court of Texas in and for Bexar County will have jurisdiction over the parties to any dispute, claim, or cause of action arising out of these Terms. Any dispute arising out of or in connection with these Terms which cannot be resolved by the parties hereto will be finally resolved by the parties in accordance with the then current International Arbitration Rules of the American Arbitration Association. The arbitration proceedings will be conducted in San Antonio, Texas. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in any court having jurisdiction. The number of arbitrators shall be one if the claim amount is less than $100,000 and the number of arbitrators shall be three if the claim is equal to or greater than $100,000.

Entire Agreement: These Terms constitute the entire agreement between the parties concerning the purpose of these Terms and supersedes any other agreements and understandings concerning this purpose. These Terms may be amended, waived, or revoked only by written agreement of both parties. Failure to enforce any provision of these Terms will not act as a waiver of any term or right set forth herein.

Notices: Notices to you may be made via either email or regular mail. FIXPC4ME may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.

Revisions: FIXPC4ME may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and FIXPC4ME makes no commitment to update the materials and services provided by FIXPC4ME.

Acceptance of Terms: You acknowledge you have read, and agree to be bound by these Terms. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE AND UNINSTALL ANY FIXPC4ME SOFTWARE OR VENDOR SOFTWARE DOWNLOADED TO YOUR COMPUTER BY FIXPC4ME.