These Terms of Services (“Agreement”) are entered into by and between you, the customer, or user, either personally or on behalf of yourself, your employer, or as applicable and US Software Technologies. You are deemed to have accepted the terms of this Agreement by purchasing any products or services at www.US Software Technologies.com. This Agreement is made up of the terms below, plus any other policies and materials specifically referredhereto in this Agreement. The following sets forth the terms and conditions under which you agree to use the Services, and under which US Software Technologies agrees to provide service, including all technical support and other “Services” provided to you.
The following terms and conditions of service are applicable to all services and computer repair provided by US Software Technologies. Terms and conditions may change at any time, with or without notice. It is the responsibility of any subscriber, user, customer or prospective customer to read the terms of service before contacting US Software Technologies to inquire, purchase or schedule a service engagement. By contacting US Software Technologies for services, you are indicating your agreement to be bound by all of the terms and conditions outlined within this document.
DESCRIPTION OF SERVICES
1. Responsibilities of User: The user understands and agrees that prior to contacting or engaging in service with US Software Technologies to obtain consulting, evaluations, diagnostics, repairs, upgrades or any other service upon your computer that it is the responsibility of the user to back-up data, software, files or other electronic information stored within a computer hard-drive or other memory device or drive. You as the user also acknowledge and agree that US Software Technologies shall not be responsible under any circumstance for any loss of data, software, corruption of data or damage to hardware or components.
2. Services: US Software Technologies provides computer support services remotely, on-site and via telephone. US Software Technologies will attempt to diagnose and provide or suggest a solution for a service fee. In some situations, a solution, diagnosis or support may not be completed due to an issue with users computer, its configuration or other issue that is beyond the control of US Software Technologies. US Software Technologies will make every reasonable attempt to perform services to diagnose, troubleshoot, assess and correct computer or network issues. Regardless of the outcome, you the user is still responsible for charges for the time and effort spent in an attempt to provide services.
3. Un-Used Service Hours, Incidents or Services: Any unused services will not carry forward. Service hours and incidents are at the sole discretion of US Software Technologies.
4. Service Areas: US Software Technologies reserves the right to establish, change, add or eliminate service areas with or without notice. US Software Technologies has the authority to establish and charge additional fees for areas outside of our normal service areas. Users should contact 1-855-41point for exact service areas, service fees and trip charges.
5. Service Volume and Re-Selling of Services: You the user may not re-sell our service, utilize the US Software Technologies service for high volume services or in any way engage in any activity that engages our service at a higher rate than it was intended. Service volume abuse is based on the sole discretion of US Software Technologies.
6. Service Limitations: US Software Technologies reserves the right to charge additional fees for certain services that a client may require or request above and beyond any service plan. US Software Technologies will at its sole discretion determine these additional services and fees and notify the user upon discovery of additional needed services.
7. Service Availability: Services selected by a user may not be available at all times. US Software Technologies or its subsidiaries, suppliers or partners at any time without notice or liability may restrict the availability of service or its times of availability to perform scheduled or unscheduled maintenance. For remote services, specific Internet connection requirements are necessary. It is the responsibility of you the user to maintain Internet connectivity to allow for adequate service levels. US Software Technologies will at its sole discretion determine adequate service levels.
a. You the user acknowledges that circumstances outside of the control of US Software Technologies may arise that may lead to service delays. You the user hereby release US Software Technologies from any and all liability and agree that US Software Technologies is not responsible for any direct or indirect damages resulting from any service delays.
8. Safe Access to Equipment: User agrees that they will provide full access to computer systems, other system hardware, peripherals or software that we are to service and that power, network connectivity and a safe climate controlled work environment is provided along with full cooperation and access to enter your home or business to perform services. If a US Software Technologies representative arrives at the schedule service time and he or she does not reasonably have access, cooperation, or safe working areas, then service may be denied and a $99 cancellation fee will be charged.
9. Software / Hardware Licensing & Warranties: You as the user agree that you will be responsible for all software licensing installed on your computer. US Software Technologies provides technical support and consulting for third party software and/or 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.
a. Third Party Software: As part of our services, US Software Technologies may recommend the acquisition of third party software. You the user agrees that you will abide by all terms and conditions outlined within a license agreement whether this software is installed, recommended or sold to you by US Software Technologies or not. US Software Technologies makes no warranty or representation regarding third party software or hardware. US Software Technologies will not be responsible or liable for conduct of any other party, application, program, or any infringement of another’s rights including intellectual property rights.
12. MONEY BACK GUARANTEE
13. WARRANTIES AND LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY US Software Technologies (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), US Software Technologies (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY US Software Technologies OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF US Software Technologies COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
US Software Technologies DOES NOT WARRANT THAT THE SERVICE PROVIDED BY US Software Technologies WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. US Software Technologies SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. US SOFTWARE TECHNOLOGIES MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. US SOFTWARE TECHNOLOGIES MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL US SOFTWARE TECHNOLOGIES (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF US Software Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
14. INDEMNIFICATION You agree to defend, indemnify and hold harmless US Software Technologies from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from:
15. NOTICES Notices required under this Agreement by you shall be provided to the US Software Technologies Customer Service Department. Notices by US Software Technologies to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.
With regard to electronic communications, you and US Software Technologies further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
16. GENERAL PROVISIONS All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
US Software Technologies will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.