TERMS AND CONDITIONS OF SERVICE

*IMPORTANT – READ CAREFULLY BEFORE USING THIS SERVICE*

NOTE: USING MY COMPUTER SLEUTH, LLC ("MCS") SERVICES OR THIS WEB SITE INDICATES THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS AND ANY FUTURE AMENDMENTS. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.

1. Agreement and General Terms of Use

1.1 This User Agreement constitutes the agreement between MCS and you as a user who accesses or establishes a connection to our services.

1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions. Distribution of your user name or password to others for access to the Services is prohibited and will result in termination of your account or other liability. Your use of the Service indicates that you are bound by this agreement with us. If you do not agree with these terms and conditions, discontinue use of the Service.

1.3 MCS reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time.


2. Registration, Fees and Payments, Termination, Use

2.1 As part of the registration process, you will be required to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third-party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2.2 When you become a paid member ("subscriber, subscribers, member, members,") of any of the Services, you will be bound by the payment terms. For our current subscription plans, please visit the MCS website.

2.3 Except as set forth herein or as described by offers we make from time to time, access to the entire Service requires payment. Rates vary. If you subscribe, you must provide accurate, complete and updated subscriber information. You agree to pay MCS for all fees, charges, and any applicable taxes, associated with the Services in accordance with the current rates, payment terms and policies specified by MCS in the applicable Service enrollment screens and online help areas. You acknowledge that you will pay MCS all such fees, charges and applicable taxes for the Services where enrollment in the Services has been made using your credit card or other means, whether made by you personally or by someone else in your household or organization on your behalf. If you enroll in the Services using a credit card, you certify to MCS that you are at least 18 years of age and that you are the cardholder of the credit card.

2.4 You further acknowledge that your obligation to pay MCS all such fees, charges and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay MCS for the Service regardless of whether the Service is used or not. Unless you enroll as part of a free trial, your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrollment in the free trial for the Service, and not the date of your first use of it. You will be automatically billed after your free trial period has ended.

2.5 The price you pay for a Service is stipulated at the time you enroll in such Service and is valid for the initial period for which you enrolled in the Service. MCS reserves the right to change the price paid for a monthly or annual subscription after the initial enrollment period. ALL SUBSCRIPTIONS TO THE SERVICE ARE ON A CONTINUOUS RENEWAL BASIS, unless otherwise noted. This means your subscription will automatically renew every month on your monthly enrollment anniversary or the last day of the month if you enrolled on the 29th, 30th or 31st and the current month has no such date. For annual subscriptions, this means every year on your annual enrollment anniversary. Your credit card or other form of payment will be automatically charged or debited unless you have cancelled your account. YOU MUST CANCEL PRIOR TO YOUR SUBSCRIPTION RENEWAL DATE TO AVOID CONTINUED CHARGES.

2.6 To cancel your subscription, you can send an email to support@mycomputersleuth.com or log into your account and click on 'Manage My Subscription'. You may also use the Live Chat on our site to cancel your account. If you do email us to cancel, we will email you a confirmation of your request to cancel the auto renew from your account.. It is your responsibility to make sure you receive a response. If you don't hear from us, we never received your request. You must receive verification from us that your account was cancelled. Otherwise, assume we never heard from you.

2.7 You may cancel any subscription for the Service at any time during its term. If you cancel your subscription prior to the end of its term, you understand that MCS does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts for any term already charged. Upon cancellation, your current subscription will remain active until the end of its term. At which point it will not renew. If you are on the monthly payment plan and terminate this agreement prior to the end of the your term, you agree to pay a cancellation fee equal to the number of hours of service already provided by MCS at $89.99 per hour, or $190, which ever amount is greater. If we are unable to charge your credit or debit card with the full amount of the service provided MCS will pursue all available options in order to obtain payment, which may include turning your account over to a collection agency. In addition, MCS is entitled to recover any money spent in connection with the collection of subscriber fees, including collection agent and attorney's fees.

2.8 We do not give refunds! Once you purchase our Service there are no refunds. However, a partial refund may be issued at the sole discretion of MCS if we are unable to solve your problem or it is determined that your system is not repairable. This partial refund, if available, will be calculated by subtracting the number of hours spent with customer (at $89.99 per hour) from payments already made.

2.9 MCS may in its sole discretion immediately terminate this subscription, license and right to use the Service and Software if (i) the subcriber breaches these Terms; (ii) MCS is unable to verify or authenticate any information you provide; (iii) such information is or becomes inaccurate; or (iv) MCS decides, in its sole discretion, to discontinue offering the Service (v) You violate terms of services. MCS shall not be liable to you, any Contracting Party or any third party for termination of the Service. Upon expiration or termination for any reason, you and the Contracting Party are no longer authorized to use the Services.


3. Services, Your Responsibility

3.1 MCS provides a computer support service where you can receive help via Phone Support, Live Chat, Email and Remote Support from anywhere in the world. Consider us your very own computer guru. You can contact us for any problems or questions that arise from use of your computer, network, software applications or Internet. No questions or problems are off limits. However, we are limited to the extent of support we can provide for any 3rd party programs such as games, business software, personal productivity software, etc. We will do our best to help you troubleshoot and resolve any issues. However, we can not guarantee successful resolutions in every situation. MCS will attempt to diagnosis your problem and provide you with a solution over the telephone or via the Internet. In certain cases, however, some problems may not be resolved and are beyond our control.

3.2 We offer Remote Assistant Services. This means we can connect directly to your computer, in real time to resolve your issues. Remote Assistant Services may be offered to you over the telephone or via the Internet if you have a working broadband high speed Internet connection. If you elect to receive remote assistant, then MCS remotely logs on to your computer through your high-speed Internet connection to view your desktop from our support center. MCS stays in contact with you to keep you fully briefed on every step of the process as your problem is resolved while you watch. Remote assistance may involve the installation of software on your computer that will allow MCS to provide the remote assist services. By electing to receive support, you agree to allow MCS to use whatever tools necessary to help in fixing your computer.

3.3 MCS may occasionally suggest software solutions that will help with troubleshooting and/or maintaining your systems stability. Some of these solutions are free while others are fee based. Although MCS may recommend such software, MCS does not warrant or make any representation about the services or software provided by the third party. Ask about the third party’s privacy policy as it is different from the privacy policy that applies to MCS.

3.4 It is your responsibility, prior to contacting MCS, to back up all software and data on your computer's hard drive(s) and/or any other storage devices before MCS works on your system. MCS and/or its third-party service provider shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files.

3.5 Free Email Support Membership is offered as a free service to registered of MCS only. Free email support is only offered for one (1) computer per person. Your use of our free service constitutes your understanding of all our terms and conditions outlined herein. We reserve the right to terminate this service at any time without cause or notification to user. You also agree to the terms of use policy located here: http://www.mycomputersleuth.com/freeemailsupport.html


4. Disclaimer of Warranties & Limitation of Liability

4.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER MCS NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.

4.2 SERVICE LIMITATIONS; LIABILITY

(a) LIMITATIONS TO SERVICE: MCS RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED SERVICES DEPENDANT UPON 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 MCS.

(b) If MCS's ability to render remote services is impaired by you or circumstances beyond the control of MCS, MCS may choose not to provide or to discontinue remote services.

(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that MCS’s total liability for damages related to its services is limited to the total amount you pay for the services and you release MCS from liability for any indirect, incidental, special, or consequential damages. MCS IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT. IT IS YOUR RESPONSIBILITY TO BACKUP AND STORE ANY SOFTWARE, DATA or FILES THAT YOU DO NOT WANT TO LOSE.

4.3 THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.4 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL MCS (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MYCOMPUTERSLEUTH (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MYCOMPUTERSLEUTH (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT PAID BY YOU TO MYCOMPUTERSLEUTH DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.


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