TERMS AND CONDITIONS:
LAST UPDATED: Jul 30, 2012
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF SUPERPCCARE.COM’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH SUPERPCCARE.COM OWNER RSB TECHNOLOGIES LLC. THE TERMS CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE SUPERPCCARE.COM SERVICE.
“You” means you individually, any person, including any employer that you are acting on behalf of.
“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the SUPERPCCARE.COM Portal are the proprietary and copyrighted work of SUPERPCCARE.COM and/or its suppliers. The definition of “Materials” does not include the design or layout of the SUPERPCCARE.com Web site or any other SUPERPCCARE.COM owned, operated, licensed or controlled site.
Software or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both “Software” means a computer program of any kind, whether owned by SUPERPCCARE.COM Software and Third Party Software.
“SERVICES” AND “SUPERPCCARE.COM PORTAL”:
All references to “Services” refer to any SUPERPCCARE.COM service plan that you enter into with SUPERPCCARE.COM through use of the SUPERPCCARE.COM web portal located at www.SUPERPCCARE.com (the “SUPERPCCARE.COM Portal”) or by calling the SUPERPCCARE.COM phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the SUPERPCCARE.COM Portal, and any use of the SUPERPCCARE.COM Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services (“Plan Order”).
Subject to the Terms and Conditions, and other terms specific to each Service Plan, SUPERPCCARE.COM will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, SUPERPCCARE.COM will attempt problem diagnosis and a solution through remote assistance, over the telephone, through chat, email or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to SUPERPCCARE.COM’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-888-613-9272 / 1-800-565-1740.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. SUPERPCCARE.COM has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. The procedure of the payment for the service is through Merchant’s Payment Gateway service by all/any major card types. We (any employees of SUPERPCCARE) are not authorized to take any card details over phone.
SUBMISSION OF PLAN ORDERS SERVICE PLANS:
You may order Services by submitting Plan Orders through the SUPERPCCARE.COM Portal or by calling SUPERPCCARE.COM. Once SUPERPCCARE.COM accepts the Plan Order submitted by you, then you will receive an email from SUPERPCCARE.COM at the email address that you provide or have provided to SUPERPCCARE.COM as part of the Registration Process for the Services. SUPERPCCARE.COM is not responsible for rendering Services in connection with any Plan Order that it has not accepted or expired. Upon acceptance by SUPERPCCARE.COM of a Plan Order, you will have a Service Plan.
SUPERPCCARE provides services to customers on a state of the art integrated delivery platform by our QUALIFIED TECHNICIANS which allows us to provide support to your computer(s) remotely or through chat, mail and phone with a personalized touch. If for any reason you are not satisfied with the same, we offer a refund policy. You have the right to cancel the subscription and services included in the agreement, and receive a full refund within a period of 07 calendar days (provided you have not used the services). Please note you will be entitled to get a full refund if applied within 07 calendar days of purchasing the plan. Your refund takes effect when you send us a mail from your registered email id to firstname.lastname@example.org. If cancelled within 07 days, full payment will be refunded to you at the earliest.
APPLICABLE FOR SUBSCRIPTION BASED PLANS:
The customer may not initiate a charge back from its issuer bank but can stop the future payments by contacting SUPERPCCARE any time with the below mentioned guidelines:
APPLICABLE FOR ALL INCIDENT BASED PLANS:
1) No refund applicable
APPLICABLE DURATION BASED PLANS:
One year Plan / Two Year / Unlimited Service
1) If the customer have availed any service and if not satisfied with the service full refund will be provide if and only if applied within 07 calendar days of purchasing the plan.
2) If the customer have not availed any service, then, 100 percent (full refund) of plan price will be refunded, if claimed within 14 calendar days of subscribing the plan.
3) No refund after 14 calendar days of subscribing the plan
4) 50% Refund will be provided if applied between 08-13 Calendar days if and only if customer have not availed any service.
1) Refund policy does not apply for Free Trial Offer.
2) Refund policy will be valid only if SUPERPCCARE failed satisfactory solutions of issues mentioned in the scope of services.
3) Refund can only be claimed if customer’s issue is not resolved or customer did not get the support in reasonable time.
4) You can file a refund request by sending us an email at email@example.com or by calling us in our customer help desk or by contacting us through our website www.superpccare.com.
5) Refunds will be processed in 10-12 business days from the date of request.
6) Refunds are not to be allowed in one time plans or subscription.
PERSONAL AND NON-COMMERCIAL USE LIMITATION:”
Unless otherwise specified; the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE:
SUPERPCCARE.COM Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any As a condition of your use of the SUPERPCCARE.COM Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any SUPERPCCARE.COM server, or the network(s) connected to any SUPERPCCARE.COM server, or interfere with any other party’s use and enjoyment of any of the SUPERPCCARE.COM Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any SUPERPCCARE.COM server or to any of the SUPERPCCARE.COM Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any SUPERPCCARE.COM Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though SUPERPCCARE.COM has no limits on the amount of telephone or online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to SUPERPCCARE.COM’s “fair use” policy. Under this policy, if at any time, in SUPERPCCARE.COM’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription Plan for individual use, then SUPERPCCARE.COM reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, SUPERPCCARE.COM reserves the right to suspend or terminate any Subscription Services of any Subscriber that SUPERPCCARE.COM, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to SUPERPCCARE.COM; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service. USE OF COMMUNICATIONS SERVICES You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
-Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
-Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
-Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
-Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
-Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
-Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
-Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
-Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
-Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
-Restrict or inhibit any other user from using and enjoying the Communication Services.
-Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
-Harvest or otherwise collect information about others, including e-mail addresses.
-Violate any applicable laws or regulations.
-Create a false identity for the purpose of misleading SUPERPCCARE.COM or others.
-Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
SUPERPCCARE.COM has no obligation to monitor the Communication Services. However, SUPERPCCARE.COM reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SUPERPCCARE.COM reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
SUPERPCCARE.COM reserves the right at all times to disclose any information as SUPERPCCARE.COM deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SUPERPCCARE.COM’ s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
GUESTS LIMITED LICENSE TO USE OF SUPERPCCARE.COM PORTAL:
If you are not currently subscribed for a Service under a valid Plan Order, then you are regarded as a “Guest”. Usage of the SUPERPCCARE.COM Portal by current SUPERPCCARE.COM customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.
As a Guest you may use the SUPERPCCARE.COM Portal and Materials (defined below) specifically designated as available to guests on the SUPERPCCARE.COM Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by SUPERPCCARE.COM, (b) registering with SUPERPCCARE.COM and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
SUPERPCCARE.COM may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with SUPERPCCARE.COM’s employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE SUPERPCCARE.COM PORTAL, MATERIALS AND SOFTWARE:
As permitted through a Service, you may use Materials and Software (as defined below) posted on the SUPERPCCARE.COM Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS:
Any other use of the SUPERPCCARE.COM Portal, Services, Materials or Software, other than as explicitly permitted by SUPERPCCARE.COM is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to SUPERPCCARE.COM and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.
You may not avail the services of SUPERPCCARE if you fail to provide the user-id and security-id when you are seeking support over the phone. “When our registration form asks user to enter sensitive information (such as credit card number), the information is encrypted and is protected with the best of the encryption software. The procedure of the payment for the service is through Merchant’s Payment Gateway service by all/any major credit card types. We (any employees of SUPERPCCARE) are not authorized to take any card details over phone. WE (SUPERPCCARE) do not collect and store such kind of information. Personal and Credit card information may be collected by the payment gateway bank. It will be directly filled in by the customer at the time of purchasing (on the PP).
You may not create hyperlinks to any portion of the SUPERPCCARE.COM Portal, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold SUPERPCCARE.COM, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in SUPERPCCARE.COM’s defense of any claim. SUPERPCCARE.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SUPERPCCARE.COM. You agree immediately to notify SUPERPCCARE.COM of any unauthorized use of your account or any other breach of security known to you.
In connection with obtaining Services, you agree that you will:
- Cooperate with the SUPERPCCARE.COM Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
- The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
- You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
- The full system, including software and hardware, is available to you and accessible by you without limit during any remote assistance support with SUPERPCCARE.COM support personnel.
- Software/Data Backup: You understand and agree that SUPERPCCARE.COM shall under no circumstance be responsible for any lost or corrupted software or data. SUPERPCCARE.COM strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
- Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify SUPERPCCARE.COM immediately of any unauthorized use of your account or any other breach of security. SUPERPCCARE.COM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SUPERPCCARE.COM or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES:
You hereby acknowledge that circumstances outside of SUPERPCCARE.COM’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in SUPERPCCARE.COM’s ability to schedule a support session. You hereby release SUPERPCCARE.COM from any and all liability, and agree that SUPERPCCARE.COM shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
SUPERPCCARE.COM or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE SUPERPCCARE.COM PORTAL, OR THROUGH A SERVICE:
For your convenience, SUPERPCCARE.COM may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any SUPERPCCARE.COM Web site may be copied or retransmitted unless expressly permitted by SUPERPCCARE.COM.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
EXCLUSIONS FROM “SERVICES”:
“Services” shall not include the following:
- any item or activity not covered by the terms of a Plan Order;
- service beyond the duration limitations identified in your Plan Order;
- problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
- Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
- Problems that may and do result from:
- External causes such as accident, abuse, misuse, or problems with electrical power;
- Usage that is not in accordance with product instructions provided by manufacture;
- Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
- Problems caused by using accessories, parts, or components not compatible with the product.
- Non Compliance with the SUPERPCCARE.COM technician instructions for resolving the query.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY:
In connection with our Service, we may provide to you, the use of certain software which is owned by SUPERPCCARE.COM or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from SUPERPCCARE.COM or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR SUPERPCCARE.COM SOFTWARE:
With regard to any Software made available to you by SUPERPCCARE.COM through the SUPERPCCARE.COM Portal for which your acceptance of a separate license agreement is not required (“SUPERPCCARE.COM Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by SUPERPCCARE.COM to use the SUPERPCCARE.COM Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the SUPERPCCARE.COM Software. You agree that the SUPERPCCARE.COM Software is the confidential and proprietary information of SUPERPCCARE.COM or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the SUPERPCCARE.COM Software, or otherwise reduce the SUPERPCCARE.COM Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the SUPERPCCARE.COM Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the SUPERPCCARE.COM Software. You acknowledge that this license is not a sale of intellectual property and that SUPERPCCARE.COM or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the SUPERPCCARE.COM Software and related documentation, as well as any corrections, updates and upgrades. The SUPERPCCARE.COM Software may be used in the United States only, and any export of the SUPERPCCARE.COM Software is strictly prohibited.
THIRD PARTY SOFTWARE:
As part of the Services, SUPERPCCARE.COM may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software 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, whether SUPERPCCARE.COM assists you in the acquisition, installation, and/or use of Third Party Software. SUPERPCCARE.COM has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the SUPERPCCARE.COM Software shall remain in full force and effect unless and until terminated by SUPERPCCARE.COM, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the SUPERPCCARE.COM Software and immediately delete the SUPERPCCARE.COM Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
LIMITED SERVICE WARRANTY:
SUPERPCCARE.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW SUPERPCCARE.COM TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE SUPERPCCARE.COM SERVICE PLANS COMES WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
SUPERPCCARE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. SUPERPCCARE.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUPERPCCARE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL SUPERPCCARE.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY:
Notwithstanding anything to the contrary in no event shall SUPERPCCARE.COM be liable to you in excess of the amounts actually paid by you to SUPERPCCARE.COM under the Plan Order that is the subject of the dispute.
THIRD PARTY AGREEMENTS:
As part of the Services, SUPERPCCARE.COM may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that SUPERPCCARE.COM may elect to make available from time to time. Violation of such third party provider’s terms of service may, in SUPERPCCARE.COM’s sole discretion, result in the termination of your customer account and use of service.
LIMITATIONS ON ACTIONS:
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION:
SUPERPCCARE.COM at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of SUPERPCCARE.COM: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, SUPERPCCARE.COM’s network, or the use and enjoyment of SUPERPCCARE.COM’s other users; (c) SUPERPCCARE.COM receives an order from a court to terminate the Service you are availing ; (d) if SUPERPCCARE.COM for any reason ceases to offer the Service; (e) if you are no longer a SUPERPCCARE.COM customer, or (f) SUPERPCCARE.COM determines that you are abusing the Service. SUPERPCCARE.COM, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. SUPERPCCARE.COM’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The SUPERPCCARE.COM Portal is available internationally and may contain references to SUPERPCCARE.COM products, services, and programs that are not available in a viewer’s country. These references do not imply that SUPERPCCARE.COM intends to make such products, services, or programs available in such country.
SUPERPCCARE.COM reserves the right to amend the Terms and Condition, and the SUPERPCCARE.COM Portal at any time by (a) posting a revised version of the Terms and Conditions on the SUPERPCCARE.COM Portal (http://www.superpccare.com/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to SUPERPCCARE.COM in connection with registration. You are responsible for regularly reviewing the SUPERPCCARE.COM website to be notified of any amendments to the Terms and Conditions. Your use of the SUPERPCCARE.COM Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.