PcCare - Eula Payments

Welcome to PcCare.com

Personalized computer Care on Web Tv

Last Revised: November 12, 2007
 
IMPORTANT NOTICE: 
 
PcCare.com refers to a line of technology services provided by TechnoChill Inc. Any reference to PcCare.com in these Terms of Service is a reference to TechnoChill Inc.
 
These Terms of Service apply to technology services performed by PcCare.com for you over the telephone, in house, or via the Internet. Additionally, this privacy statement applies to visitors and users of PcCare.com, the gateway to services provided by PcCare.com.
 
1.1 Terms of Service
 
A) THE CUSTOMER IS SOLELY RESPONSIBLE FOR INDEPENDENT BACKUP OF DATA, INFORMATION, SOFTWARE OR OTHER FILES STORED ON THE COMPUTER AND NETWORK ON WHICH PCCARE.COM IS TO PERFORM THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PCCARE.COM SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCE FOR ANY LOSS OR CORRUPTION OF DATA AND/OR SOFTWARE.

B) PcCare.com will attempt to diagnosis your computer problem, provide an estimate of applicable service fees (plus applicable taxes), and then provide you with a technology solution. Pricing is based on factors such as billable time, network deployment, network resources, programming, hardware, as well as other variables. If any of these factors are modified by the customer or are modified as a direct result of a change in the customer needs, or any misunderstanding of capabilities that increase any expense beyond what was originally conveyed on the estimate, the customer shall be billed accordingly. PcCare.com is not required to warn the Customer of additional charges as PcCare.com becomes aware of an imparity of services rendered in comparison with the estimate. PcCare.com is not liable for additional charges to the Customer that the Customer was not aware of due to lack of knowledge, due diligence or negligent on behalf of the Customer, or charges from third parties.

C) In certain cases, when problem diagnosis and support are not completed because of a problem with your network, virus, computer or its configuration that is beyond our control, PcCare.com may elect not to provide service. The customer will not be responsible for any service fees in this case.

D) Remote support over the Internet requires a DSL or high speed Internet connection.

E) Support is available for Microsoft Windows based workstations and servers.

2.1 EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 1 AND 2, SHALL EXCLUDE OR LIMIT PCCARE.COMS WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE.
2.3 IN PARTICULAR, PCCARE.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
2.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
2.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PCCARE.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
2.6 PCCARE.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2.7 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 2.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PCCARE.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(C) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(D) ANY CHANGES WHICH PCCARE.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(E) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(F) YOUR FAILURE TO PROVIDE PCCARE.COM WITH ACCURATE ACCOUNT INFORMATION;
(G) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
2.8 THE LIMITATIONS ON PCCARE.COMS LIABILITY TO YOU IN PARAGRAPH 1.1 ABOVE SHALL APPLY WHETHER OR NOT PCCARE.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
2.9 LIMITATIONS TO SERVICE: PCCARE.COM RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED REMOTE SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY PCCARE.COM.
3.0 LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM PCCARE.COM AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SERVICE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
THIS LIMITATION APPLIES TO
(A) ANYTHING RELATED TO THE SOFTWARE, SERVICES, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES, OR THIRD PARTY PROGRAMS; AND
(B) CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IT ALSO APPLIES EVEN IF
(A)REPAIR, REPLACEMENT OR A REFUND FOR THE SOFTWARE DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES; OR
(B) PCCARE.COM KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.

PCCARE.COM.COM WEBSITE CONDITIONS OF USE

BY USING THIS WEBSITE, YOU ACKNOWLEDGE YOUR ASSENT TO THE FOLLOWING CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MATERIALS ON THIS WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AND PCCARE.COM DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PCCARE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PCCARE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PCCARE.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT NECESSARILY INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES; PLEASE REFER TO THE ACTUAL POLICY OR THE RELEVANT PRODUCT OR SERVICES AGREEMENT.
THIS WEBSITE MAY BE LINKED TO OTHER WEBSITES WHICH ARE NOT MAINTAINED BY PCCARE.COM. PCCARE.COM IS NOT RESPONSIBLE FOR THE CONTENT OF THOSE WEBSITES. THE INCLUSION OF ANY LINK TO SUCH WEBSITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY PCCARE.COM OF THE WEBSITES OR THE CONTENT THEREOF.
LIMITATION OF LIABILITY
WHILE PCCARE.COM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PCCARE.COM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT OF THIS WEBSITE AND UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PCCARE.COM OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF PCCARE.COM OR AN PCCARE.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PCCARE.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
PCCARE.COM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE.
RESTRICTIONS ON USE OF MATERIALS
THIS WEBSITE IS OWNED AND OPERATED BY PCCARE.COM. EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY PCCARE.COM, NO MATERIALS FROM THIS WEBSITE OR ANY WEBSITE OWNED, OPERATED, LICENSED OR CONTROLLED BY PCCARE.COM MAY BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. YOU MAY DOWNLOAD MATERIAL DISPLAYED ON THIS WEBSITE FOR YOUR USE ONLY, PROVIDED THAT YOU ALSO RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED ON THE MATERIALS. YOU MAY NOT DISTRIBUTE, MODIFY, TRANSMIT, REUSE, REPOST, OR USE THE CONTENT OF THIS WEBSITE FOR PUBLIC OR COMMERCIAL PURPOSES, INCLUDING THE TEXT, IMAGES, AUDIO, AND VIDEO WITHOUT PCCARE.COM'S WRITTEN PERMISSION. PCCARE.COM NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
JURISDICTIONAL ISSUES
UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN, PCCARE.COM MAKES NO REPRESENTATION THAT MATERIALS ON THIS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY LOCATION. THOSE WHO CHOOSE TO ACCESS THIS WEBSITE DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
EXCEPT AS EXPRESSLY SET FORTH HEREIN THE INFORMATION CONTAINED ON THIS WEBSITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT OR OTHER PRODUCT OR SERVICE BY PCCARE.COM. NO SECURITY, INSURANCE PRODUCT OR OTHER PRODUCT OR SERVICE IS OFFERED OR WILL BE SOLD BY PCCARE.COM OR, IF SOLD BY PCCARE.COM, WILL BE EFFECTIVE IN ANY JURISDICTION IN WHICH SUCH OFFER OR SOLICITATION, PURCHASE OR SALE WOULD BE UNLAWFUL UNDER THE SECURITIES, INSURANCE OR OTHER LAWS OF SUCH JURISDICTION. SOME PRODUCTS AND SERVICES MAY NOT BE AVAILABLE IN ALL JURISDICTIONS.
OWNERSHIP OF INFORMATION
ANY INFORMATION, OTHER THAN PERSONAL DATA OR INFORMATION, YOU TRANSMIT TO PCCARE.COM VIA THIS WEBSITE, BY ELECTRONIC MAIL OR OTHERWISE, INCLUDING DATA, QUESTIONS, COMMENTS, OR SUGGESTIONS WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY AND WILL BECOME THE PROPERTY OF PCCARE.COM. SUCH INFORMATION, OTHER THAN PERSONAL DATA OR INFORMATION, MAY BE USED FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, REPRODUCTION, SOLICITATIONS, DISCLOSURE, TRANSMISSION, PUBLICATION, BROADCAST, AND POSTING. PCCARE.COM IS FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW, OR TECHNIQUES CONTAINED IN ANY COMMUNICATION YOU SEND TO PCCARE.COM VIA THIS WEBSITE OR BY ANY OTHER MEANS FOR ANY PURPOSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DEVELOPING AND MARKETING PRODUCTS USING SUCH INFORMATION.
TRADEMARKS AND COPYRIGHTS 
ALL TRADEMARKS, SERVICES MARKS, TRADE NAMES, LOGOS, AND ICONS ARE PROPRIETARY TO PCCARE.COM. NOTHING CONTAINED ON THE WEBSITE SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY TRADEMARK DISPLAYED ON THIS WEBSITE WITHOUT THE WRITTEN PERMISSION OF PCCARE.COM. YOUR USE OF THE TRADEMARKS DISPLAYED ON THIS WEBSITE, OR ANY OTHER CONTENT ON THIS WEBSITE, EXCEPT AS PROVIDED HEREIN, IS STRICTLY PROHIBITED.
IMAGES DISPLAYED ON THIS WEBSITE ARE EITHER THE PROPERTY OF, OR USED WITH PERMISSION BY, PCCARE.COM. THE USE OF THESE IMAGES BY YOU, OR ANYONE ELSE AUTHORIZED BY YOU, IS PROHIBITED UNLESS SPECIFICALLY PERMITTED BY PCCARE.COM. ANY UNAUTHORIZED USE OF IMAGES MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES. 
SOFTWARE LICENSES
YOU ACKNOWLEDGE THAT ANY SOFTWARE WHICH MAY BE AVAILABLE OR PROVIDED TO YOU ON THIS WEBSITE MAY CONTAIN TECHNOLOGY THAT IS SUBJECT TO STRICT CONTROLS PURSUANT TO EXPORT CONTROL LAWS AND REGULATIONS OF THE UNITED STATES OF AMERICA AND OTHER COUNTRIES AND JURISDICTIONS. YOU HEREBY AGREE THAT YOU WILL NOT TRANSFER OR EXPORT SUCH SOFTWARE IN VIOLATION OF SUCH APPLICABLE EXPORT LAWS AND REGULATIONS. PCCARE.COM DOES NOT AUTHORIZE THE DOWNLOADING OR EXPORTATION OF ANY SOFTWARE OR TECHNICAL DATA FROM THIS WEBSITE TO ANY JURISDICTION PROHIBITED BY SUCH EXPORT CONTROLS LAWS AND REGULATIONS.
CAN PCCARE.COM CHANGE THIS POLICY?
YES. WE RESERVE THE RIGHT TO CHANGE THIS POLICY IN ORDER TO ADDRESS FUTURE DEVELOPMENTS OF PCCARE.COM, THE WEBSITE OR CHANGES IN INDUSTRY OR LEGAL TRENDS. DEPENDING ON THE NATURE OF THE CHANGE, WE WILL EITHER: (1) ANNOUNCE THE CHANGE ON THE HOME PAGE OF THE WEBSITE OR (2) TAKE SUCH OTHER ACTION AS WE DEEM APPROPRIATE UNDER THE CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, POSTING THE REVISED DRAFT OF THIS POLICY ON THE WEBSITE. YOU CAN DETERMINE WHEN THIS POLICY WAS LAST REVISED BY REFERRING TO THE "LAST REVISED" LEGEND AT THE TOP OF THIS PAGE. ANY CHANGES TO THIS POLICY WILL BECOME EFFECTIVE UPON POSTING OF THE REVISED POLICY ON THE INTERNET, ACCESSIBLE THROUGH THE WEBSITE. BY CONTINUING TO USE THE WEBSITE FOLLOWING SUCH CHANGES, YOU WILL BE DEEMED TO HAVE AGREED TO SUCH CHANGES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, AS IT MAY BE AMENDED FROM TIME TO TIME, IN WHOLE OR PART, PLEASE DO NOT CONTINUE USING THIS WEBSITE OR PCCARE.COMS SERVICES. IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THIS POLICY, PLEASE FEEL FREE TO CONTACT US AT Support@PcCare.com.

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