PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms (the "Terms") govern your use of the web site at "techstoreon.com" ("Site") and any computer support services provided either by telephone or computer (the Site and the computer support services are collectively referred to as the "Services") provided by Tech Store On Inc., its subsidiaries, affiliates and contractors ("PROVIDER", "Tech Store On Inc.," "we" or "us"). By accessing, ordering or using the Services via telephone or online via the Site, you ("You" or "Your") and other users of the Services (collectively, "CLIENT","Users") agree to these Terms. If You do not agree to these Terms, You may not access or use the Services. Terms of Use We provide You with access to and use of the Services subject to Your compliance with the Terms. Tech Store On Inc. reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to Tech Store On Inc. is correct and complete, and (f) any payment or credit card information You supply is correct. Authorization to Access your Computer You acknowledge that by your use of the Services you are authorizing Tech Store On Inc. to access and control your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the services, Tech Store On Inc. 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 Tech Store On Inc. 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 Tech Store On Inc. 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. Data Backup Tech Store On Inc. DOES NOT GUARANTEE DATA BACKUP. 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 Tech Store On Inc. OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, THAT MAY ARISE OUT OF THE SERVICES. Tech Store On Inc. 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. Tech Store On Inc. does not take any responsibility for any data that could be on any hard drives, memory drives, peripherals or any other device. Tech Store On Inc. will attempt to back up or recover existing data, but cannot be held responsible for any loss of data, whether it be by accident or intended. If necessary, Tech Store On Inc. may delete some or all files (data and software programs) in order to make the computer functional again. Scope of Services You may initiate the Services via telephone or other means made available by Tech Store On Inc.. Tech Store On Inc. will use reasonable efforts to answer Your personal technology question and resolve Your personal technology problem for a fee as set forth in the Site or quoted on telephone or by email. Upon receiving the telephone call, Tech Store On Inc. may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the personal technology we support. Certain Services may have minimum system requirements. Fees and Payments The applicable fees for the Services You order will be quoted on the telephone, by email and may be available on the Site. The fee for the Services will be charged directly on Your credit card or by PayPal and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. Privacy The Provider will not save any data or files belonging to the client after the remote session has ended. Any files transferred to the provider for the purposes of analysis or fault diagnosis will be erased after the remote session has ended. Each remote access code provided by the provider to the client will only remain active for one session. Limited Liability. PROVIDER shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if PROVIDER has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Access, Collection and Use of Personal Information In the course of providing this service, Tech Store On Inc. may access your serial numbers. Tech Store On Inc. may also monitor or record Tech Store On Inc. sessions, which could include your telephone call and screen shots of your system, and which may involve the inadvertent collection of your personal information. Tech Store On Inc. will only use this information for quality control purposes, and will only retain it for a limited period of time. Tech Store On Inc. uses a variety of security technologies and procedures to help protect personal information from unauthorized access, use, and disclosure. Tech Store On Inc. sessions may be monitored or recorded for quality control purposes. If potentially illegal, suspicious or dangerous activity is discovered during the course of the Tech Store On Inc. session, Tech Store On Inc. reserves the right to report it to appropriate agencies, including law enforcement. Entire Agreement This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein. Modification This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto. Waiver. Performance of any obligation required of a party there under may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement. DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Tech Store On Inc. DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. Tech Store On Inc. MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS´ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Use of Software and Tools Tech Store On Inc. may need to download and/or run software on Your personal computer to help diagnose and resolve Your personal technology problem. The type of software used generally consists of utilities and other tools to improve computer performance and help resolve Your personal technology problem. You acknowledge and agree that use of all Tech Store On Inc. software and third party software and tools (accessed, downloaded or otherwise provided or made available with the Services (collectively "Software") are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the Tech Store On Inc. software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services. Customer Responsibilities You must cooperate with Tech Store On Inc. and promptly respond to our requests for information and comply with our requests to take actions to resolve Your personal technology problem. You must consent to the downloading and use of Software on Your personal computer and accept all applicable license agreements for the Software. Monitoring of 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 acknowledge and agree that we do retain the right to monitor and record the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or our Users. Please see our Privacy Policy for further details. Service Availability The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. Use of the Services Your use of the Services is only for personal and noncommercial purposes on Your personal technology, and not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your personal support technology, or providers of services relating to such technology, to access or use the Services. You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services ("Content") unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Tech Store On Inc.´s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. Tech Store On Inc. reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Tech Store On Inc. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Tech Store On Inc. Any rights not expressly granted herein are reserved by Tech Store On Inc. Restrictions You shall not: (a) "mirror" any Content on the Site on any other server without Tech Store On Inc.'s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Tech Store On Inc. or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form ("SPAM") in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages. 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. 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. Submissions All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to Tech Store On Inc. ("Submissions") shall be considered non-confidential and Tech Store On Inc.'s property. By providing such Submissions to Tech Store On Inc., You agree to assign to Tech Store On Inc., at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Tech Store On Inc. shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions You provide in connection with the Services may be purged periodically in Tech Store On Inc.´s sole discretion. International Use You agree to comply with all applicable export laws and regulations, including without limitation, those of the United States Department of Commerce. You represent and warrant that You are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list. Proprietary Rights Tech Store On Inc. respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Tech Store On Inc. is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services. Trademark Information All Tech Store On Inc. product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of Tech Store On Inc., Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any Tech Store On Inc. marks without the written consent of Tech Store On Inc., All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Tech Store On Inc. and its products, or (2) an endorsement of the company or its products by Tech Store On Inc. Links from and to the Site This Site may contain hyperlinks to Web sites that are not controlled by Tech Store On Inc.. Tech Store On Inc. is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of Tech Store On Inc. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time. Dealings with Third Parties Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Tech Store On Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by Tech Store On Inc. TERMINATION Tech Store On Inc. RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, Tech Store On Inc. WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Tech Store On Inc., ITS DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS. LIMITATION OF LIABILITY IN NO EVENT SHALL Tech Store On Inc., ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF Tech Store On Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS The information communicated on this Site constitutes an electronic communication. When You communicate with us through the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. LIMITED HARDWARE REPAIR WARRANTY We offer a limited 30 day warranty on all hardware repairs. Damage from neglect, abuse, modification, shock or water/moisture/fluid damage of any kind during the warranty period voids the warranty. Repairs or open-case inspection and/or tampering performed on the device by anyone other than Tech Store On Inc. technician is considered “modification.” If an electronics item received has water damage, no warranty will be given on any repair. Warranty on parts ruled as defective up until 30 days after the date service was provided. Warranty only valid on part(s) replaced during original service. No warranty on water damaged phones. All sales are final on repairs. No refunds for repair services.
