Updated 6/22/2017
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING THE TERMS & CONDITIONS.
IMPORTANT – THIS AGREEMENT WILL BE BETWEEN PC GOOD GUYS, LLC. AND YOU THE SUBSCRIBER. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, USING, OR SUBSCRIBING TO THE PC GOOD GUYS SERVICES. BY USING, APPLYING FOR, OR PURCHASING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO AND ACCEPT THE TERMS AS PRESENTED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT APPLY FOR, ACCEPT, USE, OR PURCHASE THE SERVICES. THE SERVICES ARE FOR A LIMITED TIME ONLY. FAILURE TO USE THE SERVICES WITHIN THE SUBSCRIPTION PERIOD SHALL NOT BE GROUNDS FOR A REFUND OF ANY FEES PAID.
The terms & conditions set forth below (the “Agreement”) constitute a binding agreement between you (the “Subscriber” or “you”) and PC Good Guys (“PC Good Guys”) with respect to your use or purchase of the Services. To receive the Services, you must agree to these terms & conditions. You also agree that any failure to abide by them shall void any and all obligations of PC Good Guys hereunder.
1. Definitions
“PC Good Guys website” means the PC Good Guys website that is offering the Services to Subscriber. The PC Good Guys website will contain pricing information and other details about the Services being offered. Some services may not be available separately and all services may not be available at all times.
“Malware” means any files or programs identified by PC Good Guys, in its sole and absolute discretion, as being harmful or dangerous to standard PC operation.
“Services” means PC Good Guys Support Services, which are PC Good Guys chat and phone based computer optimization and cleaning services as set forth on the PC Good Guys website. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and PC Good Guys may discontinue or modify the Services in its sole discretion.
“Software” means any software used by PC Good Guys in connection with the Services.
“Subscription Period” means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after one year or the period specified in the chosen package.
2. General
The Services are provided only via phone, Internet chat and remote desktop sharing. Services are provided upon Subscriber’s contacting PC Good Guys support personnel as explained on the PC Good Guys website. Subscriber authorizes PC good Guys to configure its computers and delete the files that PC Good Guys deems unnecessary to a computer’s operation. Subscriber gives PC Good Guys express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber gives PC Good Guys express permission to install, configure, and use such software on Subscriber’s computers.
3. Access
To provide the Services, PC Good Guys must access a computer receiving the Services over the Internet. Subscriber must assist PC Good Guys in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the PC Good Guys representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the PC Good Guys representative’s sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all data on the computer, and provide PC Good Guys with correct and accurate information.
4. Limitations
The Services are subject to change without notice. The Services do not cover hardware repair services, lost or expected profits. PC Good Guys does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and files. PC Good Guys does not guarantee that it will recover lost or corrupted data, lost or deleted work, or lost or damaged personal files.
5. Services
5.1. General:
The Services are provided only over Internet chat, and access to the Internet is required to receive such Services. A Broadband Internet connection must be in place in order for PC Good Guys to deliver their services. Subscriber is solely responsible for providing a broadband Internet connection and access to its computers. Any interruption or disconnection to the Internet may limit Subscriber’s ability to receive the Services. PC Good Guys makes no representations or warranties regarding the availability or quality of the Services or that the Services will be performed in a timely manner. Subscriber authorizes PC Good Guys to accept, download, install, and use Software and third party software on its behalf.
5.2. Quality of Services:
All Services shall be provided using commercially reasonable efforts. PC Good Guys makes no representations or warranties that commercially reasonable efforts will restore the computer to a working state, remove any viruses or problems, that all computer operations will be fully functional, or that the Services will increase or modify the speed or efficiency of the computer.
6. Limitations to Services
The scope and extent of the Services shall be limited to the options selected by the Subscriber when registering for the Services. The scope of performance of the Services shall be provided in any manner PC Good Guys sees fit. PC Good Guys does not guarantee that any of the Services will be available or offered in all cases. PC Good Guys makes no representations or warranties regarding the availability or the provisioning of the Services.
7. Special Promotions.
PC Good Guys occasionally offers special promotions for the Services, including a free thirty-day trial period. If Subscriber registers for a special promotion, PC Good Guys may still gather payment information from Subscriber. Generally, credit card information is required in order to access the free trial. However, no charges shall be made to the credit card until the trial period has ended. At the end of the trial period, Subscriber will automatically be billed for the Services to which it has subscribed during the free trial sign-up unless PC Good Guys is notified by email through the email address provided during the registration for the Services of Subscriber’s cancellation of the Services. Annual subscriptions shall expire one-year from the end of the trial period. PC Good Guys shall not be obligated to provide further notice to Subscriber of a trial period’s expiration or before the Subscriber’s credit card is billed for the Services. Subscriber is solely responsible for ensuring that it unsubscribes from any unwanted Services prior the end of the trial period. No refunds shall be given for a failure to cancel the Services. Free trials and other promotional offers are limited to one per Subscriber. PC Good Guys reserves the right to deny or revoke a free trial at any time for any reason.
8. Term and Termination
For subscription-based Services, this Agreement shall be effective for one year from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the PC Good Guys representative terminates. In addition, PC Good Guys may cancel the Services at any time if PC Good Guys, in its discretion, determines that Subscriber’s use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and PC Good Guys is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the PC Good Guys website. Any breach of this Agreement shall immediately terminate Subscriber’s subscription to the Services and/or may limit Subscriber’s access to the Services. No refunds shall be provided upon termination of the Agreement.
9. Payment
Subscriber shall pay PC Good Guys the amount set forth on the PC Good Guys website or quotation for the Services. The amount must be paid in full to receive the Services.
10. Privacy
Information collected and used by PC Good Guys is governed by the PC Good Guys privacy policy, which is available at http://pcgoodguys.com/privacy-policy. This Agreement incorporates the PC Good Guys privacy policy. By accepting this Agreement, Subscriber is also acknowledging that he/she has read, understands and agrees to the privacy policy.
PC Good Guys support representative may need to download, run, or use software on the Subscriber’s computer to assist in diagnosing and resolving computer problems. Such software may include toolbars, utilities, and other tools that allow PC Good Guys to improve computer performance and solve technical problems (collectively, the Diagnostic Software”). The use of all Diagnostic Software is subject to the license agreements and terms & conditions associated with the Diagnostic Software. Subscriber shall be bound by all such license agreements.
PC Good Guys may monitor and record the Services, including any online sessions. These recordings are primarily for improving customer service, internal training, and internal market research. PC Good Guys may disclose these recordings and any other information to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or PC Good Guys’ customers.
11. Disclaimer
ANY SOFTWARE IS PROVIDED TO SUBSCRIBER “AS IS” BY PC GOOD GUYS, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRIBER’S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. PC GOOD GUYS DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PC GOOD GUYS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. PC GOOD GUYS DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
12. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, PC GOOD GUYS AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY MALWARE PRESENT ON A COMPUTER, (C) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, OR (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER. PC GOOD GUYS IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF PC GOOD GUYS, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PC GOOD GUYS’ TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY SUBSCRIBER TO PC GOOD GUYS FOR THE SERVICES.
13. Fair Usage Policy
Subscribers are entitled for unlimited number of telephone and online “technical” support requests during the subscription period. Support sessions are limited to technical support queries only, however PC Good Guys support agents may at their sole discretion decide to offer assistance relating to application usage “how to support”.
All Subscribers’ use of the support services are subject to PC Good Guys’ “fair use” policy. Under this policy, if at any time, at PC Good Guys’ sole discretion, a subscriber if found to be abusing the service by exceeding the level of use reasonably expected from a Subscription based Plan, then PC Good Guys reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, PC Good Guys reserves the right to suspend or terminate any Subscriber that PC Good Guys, at its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to PC Good Guys; provided, however, that User will not be entitled to a refund of any fees prepaid for the Service.
14. Force Majeure
PC Good Guys is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. PC Good Guys is not liable for any failure or delay caused by problems with Internet connections.
15. Governing Law; Venue
Subscriber and PC Good Guys agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the then current laws. Any actions arising out of or based, in whole or in part, on this Agreement shall be brought in the courts designated at the time of the dispute.
16. Entire Agreement.
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. PC Good Guys may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. PC Good Guys may impose limits on certain features of the Services at any time. PC Good Guys may amend this Agreement at any time by posting a copy of the amended Agreement on the PC Good Guys website. Such amendments may be made in PC Good Guys’ sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
PC Good Guys is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the PC Good Guys website of a general informational nature.
17. Notices
Subscriber will make all notices, demands or requests with respect to this Agreement in writing to PC Good Guys, 860 Blue Gentain Road, Suite 200, Eagan, MN 55121, USA. Notices to Subscriber shall be made by posting such notice on the PC Good Guys website. Subscriber agrees to regularly check the PC Good Guys website to be aware of all such notices
18. Survival
Provisions regarding proprietary rights, indemnity, warranty disclaimers, and limitation on actions shall survive this Agreement.
19. Limitation on Actions
Neither party may bring any action, regardless of form, arising out of nor relating to this Agreement more than three (3) months after the cause of action has accrued.
20. Assignment
Subscriber may not assign or transfer the rights or obligations under this Agreement without first obtaining PC Good Guys’ written consent. Any attempt to assign or transfer the rights and interests granted herein shall render the Agreement voidable in PC Good Guys’ discretion. PC Good Guys may assign and transfer its obligations under this Agreement as it sees fit.
21. Arbitration
To the extent permitted by law, before Subscriber begins any legal action with respect to a dispute involving any aspect of this Agreement, Subscriber shall notify PC Good Guys, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the designated arbitration action.
Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. Arbitration hearings shall be held at a location mutually agreeable to the parties.
There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection.
All costs of the Arbitration shall be borne equally by both parties to this agreement, regardless of the final decision. The defaulting party, as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.
22. Acceptance
BY ACCEPTING SERVICES FROM PC GOOD GUYS, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS & CONDITIONS ASSOCIATED WITH THE SERVICES. DO NOT ACCEPT SERVICES FROM PC GOOD GUYS IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS.
SCHEDULE A
Description of services and applications supported
| Support | Online 24/7 Tech Support by competent and communicative English speaking experts for all business IT issues and problems. Microsoft Partner using all current tools and industry recommended best practices. We can be reached by via our website chat program or at (651) 354-1865 for immediate technical help. | ||
| Services | PC Good Guys Services are provided for one computer and its related peripherals such as, printers and scanners, per each agreement. | ||
| Guarantee | An outstanding experience or your money back! PC Good Guys guarantees that you will be pleased with the service offered, or your money will be refunded in FULL within 30 days of signing up, if the FIRST REPORTED issue was not successfully resolved .See more at http://pcgoodguys.com/moneyback-guarantee. | ||
| Computer & Tech Support | PC Good Guys provides quality tech support anytime, anywhere using the Internet. As a Microsoft Partner, our support levels adhere to Microsoft’s most stringent standards | ||
| Connect Peripherals | Connect assorted peripherals including printers, scanners, phones and cameras to computer. | ||
| Upgrade existing computer | Upgrade an existing computer and all essential components are up to date with the latest updates. | ||
| Home Wireless Network | Set up, configure and troubleshoot a home wireless network configuring routers and testing of peripherals that are part of the network. | ||
| Computer & Internet Security |
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| Virus & Spyware Removal | Identify and remove virus and spyware by security experts. Providing full scans, recommending safety measures during on line use, recommending and installing appropriate antivirus and spyware tools. User must have a licensed and valid virus guard installed. | ||
| Hard Drive Backup & Recovery | Provide hard drive backup and recovery procedures in event of crashes, accidental deletions through an external device or online service. PC Good Guys provides data recovery services but cannot guarantee that any or all data will be recovered. An estimate of the percent of data that can be recovered will be provided. | ||
| Browser & E-mail Support | Browser and email expertise and support for all leading browsers and email tools, such as Explorer, Firefox, Chrome, Outlook, Gmail and Thunderbird. | ||
| Computer Performance & Optimization | Computer performance and optimization ensuring that your computer performs up to its full capability including disk and system cleanup with regular maintenance. | ||
| Microsoft Support | Help install, upgrade, and troubleshoot Microsoft applications such as Windows 7, Windows 8, Windows 10, Windows Server, Microsoft Office, etc. |
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