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REMOTE SUPPORT POLICIES AND DISCLAIMER

Please Read the Policies and terms below and accept by clicking on the "I Agree" button at the bottom.

Authorization to Access your Computer
You acknowledge that by your use of the Services you are authorizing PC SOLUTIONS LLC to access and control your computer for the purposes of computer diagnosis, service and repair.

In connection with delivering the services, PC SOLUTIONS LLC 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 PC SOLUTIONS LLC 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 PC SOLUTIONS LLC 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
PC SOLUTIONS LLC DOES NOT PROVIDE REMOTE DATA BACKUP OR RESTORATION SERVICES. 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 PC SOLUTIONS LLC OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES. PC SOLUTIONS LLC 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.

Scope of Services
You may initiate the Services via telephone or other means made available by PC SOLUTIONS LLC. PC SOLUTIONS LLC will use commercially 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 the telephone. Upon receiving the telephone call, PC SOLUTIONS LLC 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.

Diagnostics and Repair
PC SOLUTIONS has no way of knowing the full extent of ANY Hardware damage and/or Software corruption to your PC/LAPTOP/PERIPHERAL at the time of remote access. We will not be held liable for claims of additional damage or software issues not represented at the time of initial receipt. Only the repair requested will be performed.  If we find additional problems we will notify you for authorization of any additional repairs. On rare occasions repairs either by software configuration/modification, diagnostics and virus removal have the potential to render the system unstable and even non-functional. PC SOLUTIONS will not be held liable for any loss of time, data or be held liable for bringing the system back to its original state at the time of initial receipt without appropriate additional charges. Only a verbal or written authorization from you will allow us to perform any additional services.

We reserve the right to refuse a repair on a system that has been dismantled by another person or party and/or damaged so badly that it is not practical to repair. 

Warranty
The Services may not be successful because the problem may be beyond our ability to resolve remotely. If we are not able to answer your question or resolve your personal technology problem and you have complied with all your obligations in these Terms, you will only be charged a diagnostic fee of $29.00. If you experience a problem with the resolution we provided and you call us within five (5) days from the day you originally received the Services, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Services. As set forth below, there are no other warranties for the Services.

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. PC SOLUTIONS LLC DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. PC SOLUTIONS LLC 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.

Software Use
You acknowledge and agree that use of all PC SOLUTIONS LLC 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 PC SOLUTIONS LLC 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.

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.

Fees and Payment
The applicable fees for the Services You order will be quoted on the telephone and may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.

Service Availability
All services must first be schedule via telephone with PC SOLUTIONS LLC.

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 PC SOLUTIONS LLC (“Submissions”) shall be considered non-confidential and PC SOLUTIONS LLC's property. By providing such Submissions to PC SOLUTIONS LLC, You agree to assign to PC SOLUTIONS LLC, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. PC SOLUTIONS LLC 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 PC SOLUTIONS LLC's sole discretion.

International Use
Currently, the Services are only available for residents of the United States and Canada. PC SOLUTIONS LLC may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, 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
PC SOLUTIONS LLC 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. PC SOLUTIONS LLC 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.

COPYRIGHT NOTICE: Copyright © 2006-08 PC SOLUTIONS LLC, Inc. All Rights Reserved.

Trademark Information
PC SOLUTIONS LLC, support.com, all PC SOLUTIONS LLC product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of PC SOLUTIONS LLC, 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 PC SOLUTIONS LLC marks without the written consent of PC SOLUTIONS LLC, 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 PC SOLUTIONS LLC and its products, or (2) an endorsement of the company or its products by PC SOLUTIONS LLC.

Links from and to the Site
This Site may contain hyperlinks to Web sites that are not controlled by PC SOLUTIONS LLC. PC SOLUTIONS LLC 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 PC SOLUTIONS LLC. 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 PC SOLUTIONS LLC 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 PC SOLUTIONS LLC.

TERMINATION
PC SOLUTIONS LLC RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOU’RE SOLE AND EXCLUSIVE REMEDY, 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, PC SOLUTIONS LLC 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 PC SOLUTIONS LLC MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PC SOLUTIONS LLC, ITS DIRECTORS, OFFICERS, 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 PC SOLUTIONS LLC, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MIS-REPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM 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, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF PC SOLUTIONS LLC 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.

IN NO EVENT SHALL THE TOTAL LIABILITY OF PC SOLUTIONS LLC TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.

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.

Notices and communications to PC SOLUTIONS LLC must be sent to the applicable address given in these Terms or to support@eswack.com.

General Information
This version of the Terms is effective as of December, 2007. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between you and PC SOLUTIONS LLC and govern your use of the Services, superseding any prior or contemporaneous agreements between you and PC SOLUTIONS LLC. The failure of PC SOLUTIONS LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without PC SOLUTIONS LLC's express written consent. The Terms inure to the benefit of PC SOLUTIONS LLC"s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 BY CLICKING ON THE BUTTON BELOW YOU AGREE THAT YOU HAVE READ AND AGREE WITH ALL THE TERMS LISTED ABOVE: I agree!

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