THE FOLLOWING TERMS AND CONDITIONS INCLUDE CERTAIN REQUIREMENTS IN REGARDS TO YOUR USE OF FRIENDLY COMPUTERS REMOTE SUPPORT SERVICES. THE TERMS AND CONDITIONS ALSO INCLUDE IMPORTANT INFORMATION CONCERNING WARRANTIES, AVAILABLE SERVICES, LIMITS OF LIABILTY, AND YOUR RIGHTS. PLEASE READ THEM CAREFULLY.
The following are terms and conditions for use of Friendly Computers Remote Support Services. Friendly Computers Remote Support Services are offered to you with the condition that you accept without modification the terms and conditions contained herein. Friendly Computers may change these Terms of Service at any time, with or without notice. You may return towww.friendlycomputers.com/agree at any time to check for any changes to the Terms of Services. You agree to and understand any change after it becomes effective by using Friendly Computers Remote Support Services. Additionally, you agree to be bound by all of the terms and conditions set forth in this document. This Agreement goes into effect upon your acceptance of this Agreement.
Friendly Computers will not and cannot be held responsible for any data loss at any time for any reason, without limitation.
NO CONTENT OF THIS WEBSITE MAY BE DUPLICATED, IN ANY FORM, OR FOR ANY REASON, OR FOR ANY USE EITHER COMMERCIALLY, PRIVATELY, OR PUBLICALLY, WITHOUT LIMITATION.
GENERAL
These Terms of Service (the "Agreement") are entered into by and between you, the client (personally and/or on behalf of your place of employment, when applicable) ("you" "your" or "client") and Friendly Computers, Inc. ("Friendly Computers", "us" or "we"). Your request for service, either by an on-line or telephone request, indicates your acceptance of this Agreement. This Agreement incorporates the terms below, our Privacy Policy, and any and all policies referred to in the Terms of Service. This document sets forth the terms and conditions under which you agree to use Friendly Computers Remote Support Services, and under which Friendly Computers agrees to provide the Service to you. To receive a printed copy of this Agreement, call Friendly Computers at 888-PCFRIEND or write to Friendly Computers Remote Support Services, 3616 North Rancho Drive, Las Vegas, NV 89130 Attn: Agreement. The Agreement is also available on the Friendly Computers website (http://www.friendlycomputers.com) ("Website").
DEFINITION OF SERVICE
For purposes of this Agreement, the term "Service" shall mean the Friendly Computers Remote Support Services. The Service may be referred to as, "Remote Computer Support," "Remote Support,” "Online Computer Support,” "Online Support,” “Over-The-Phone Technical Support,” “Remote Support Session,” “Remote Session,” or “Friendly Computers Remote Support Services."
AUTHORIZTION FOR SERVICE
You represent that: (a) you are 18 years of age or older; (b) you have the legal capacity and authorization to obligate yourself and your place of employment, when applicable, to this Agreement; (c) you consent on behalf of yourself and/or as an authorized representative of your place of employment, when applicable, to be bound by this Agreement; and (d) the information you have provided to Friendly Computers, Inc. is correct and complete.
SOFTWARE LICENSES AND THIRD PARTY SOFTWARE/SERVICES
As part of the Friendly Computers Remote Support Services, we may provide to you, by means of download, CD, file transfer, or other delivery method the use of certain software which is owned by Friendly Computers or its third party licensors, partners, providers and suppliers, and which may be supplied at no charge or for a fee. You may use the Software only as part of or for use with the Service and for no other purpose, without limitation. This Software may include an end-user license agreement on behalf of Friendly Computers or a third party. The use of the Software is regulated by the terms of that agreement and you may not utilize the software until you have accepted the terms of the end-user license agreement. As part of Friendly Computers Remote Support Services, Friendly Computers may suggest that you obtain, install and use specific third party software ("Third Party Software"). This Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software. Friendly Computers has no rights, does not support nor warranty, nor license any Third Party Software. Friendly Computers will not be held liable for any adverse effects any Third Party Software may have on your computer system or network at any time for any reason, without limitation.
SERVICE FEES AND RATES
Fees, pricing and service rates for Friendly Computers Remote Support Services were made available to you prior to the initiation of your Remote Support Session. Friendly Computers Remote Support Services rates vary by location. There will be a minimum one-hour charge. After the first hour, you will be billed in half-hour increments, rounded to the nearest half-hour. You agree to pay the applicable amount incurred by you in relation to your specific Remote Support Session. A credit card must be provided. Friendly Computers or its agent will charge your credit card. You further agree not to dispute any credit card charges to your issuing Bank as related to the use of Friendly Computers Remote Support Services and the charges incurred by you as a result of using the Service. The option to waive any fees or charges is at the sole discretion of Friendly Computers.
LIMITATIONS
You agree that your use of Friendly Computers Remote Support Services and the Internet, without limitation, is your sole responsibility. You agree that said use is solely at your own risk. You further agree to comply with all applicable local, state, national and international laws and regulations. You agree that the Internet is not operated, owned, managed by, affiliated or under any direction of Friendly Computers. You agree that Friendly Computers cannot be held responsible for and has no control over information, content, images, or other materials which you may come in contact with as a result of using Friendly Computers Remote Support Services. You also agree that Friendly Computers is in no way affiliated with or owns any of the communication facilities or lines through which the Service is made available. Friendly Computers does not and cannot warranty the Service to be without viruses, worms, Trojan Horses, malware, spyware, adware, malicious code, or free of defects. You agree that the Internet cannot be guaranteed to be a secure network. You also agree that that it may be possible for third parties to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Friendly Computers is not responsible for invalid destinations, transmission errors, or corruption or security of your data.
LIMITS OF LIABILITY AND WARRANTIES
You agree that the Friendly Computers Remote Support Services are provided on an “as-is” basis. Except as specifically set forth in this agreement, or set forth in any manufacturer’s warranty for any equipment/software provided with the Friendly Computers Remote Support Services (when applicable), Friendly Computers (including but not limited to its officers, employees, parent, subsidiaries, affiliates, or departments), its third party partners, suppliers, providers, and licensors, disclaim any and all warranties for the Service, express or implied, including but not limited to implied warranties of merchantability or fitness for a specific purpose, accuracy, non-infringement, non-interference, compatibility, integration, and those arising from the course of dealing, trade or arising under statute. No advice given by friendly Computers or a support technician or representative shall invoke a warranty. You agree the use of the Friendly Computers Remote Support Services is at your own risk and is not warranted. Friendly Computers cannot and does not guarantee the Service to perform at a specific speed, to be free of errors, to be secure, without viruses, without worms, without spyware or malware or adware, or similar. It is the client’s responsibility to back-up their data. Friendly Computers will not and cannot be held responsible for any data loss at any time for any reason without limitation. Friendly Computers will not be responsible if changes in operation or procedures occur, or if the Service requires modification to your computer equipment. Friendly Computers will make every effort possible to diagnose, assess and correct or “fix” the problem you are experiencing. However, if Friendly Computers is unsuccessful in resolving your computer problem, you will still be liable for the service charges incurred during the course of your Remote Support Session. You acknowledge that additional services may be needed. Friendly Computers, (including but not limited to its officers, employees, parent, subsidiaries, affiliates, or departments), its third party partners, suppliers, providers, and licensors, in no event will be held responsible for any direct, indirect, consequential or incidental, or special damages including without limitation, lost profits, loss of revenue, or damages due to the use, partial use or inability to use the Friendly Computers Remote Support Services, regardless of the nature or type of claim even if Friendly Computers has been advised of such claim or possibility of such claim or any claims or possible claims against you by another party. All disclaimers and limitations apply to Friendly Computers’ third party partners, suppliers, providers, and licensors. Remedies set forth in this agreement are your exclusive remedies. You may have additional rights under the laws of your particular state which may not allow limitations or limit the exclusion of implied warranties or limitations of certain damages. If applicable, our exclusions and limitations apply to you to the maximum extent allowed by applicable law. Friendly computers reserves the right to pursue any and all legal and equitable claims against you in regards to your misuse of the Service or for your breach of the Agreement.
COMMENCEMENT OF SERVICE AND TIME ACCRUAL
Service charges begin from the time the Friendly Computers Remote Support Services software makes the initial connection. A one hour minimum charge applies for the first 60 minutes or less than 60 minutes. After the first hour, you will be billed in half hour increments, rounded up to the nearest half-hour.
MISCELANEOUS
No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by (i) failures of Software or other computer programming, (ii) natural weather events, or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
PROVISIONS
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration. You and Friendly Computers agree that the substantive laws of the State of Nevada, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND FRIENDLY COMPUTERS CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN CLARK COUNTY, NEVADA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Nevada laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any action or proceeding arising from or relating in any way to the subject matter of this Agreement you agree that Friendly Computers shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with said action or proceeding and in the event that Friendly Computers prevails. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Friendly Computers or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and Friendly Computers with respect to the subject matter hereto and supersedes any and all prior agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
PRIVACY
Your privacy is of the utmost concern to Friendly Computers. Friendly Computers will treat your personal information in accordance with its current Privacy Policy, subject to change. You agree to the terms of the Privacy Policy, which describes Friendly Computers’ use and disclosure of information about you and your use of the Service. All remote computer sessions and telephone calls with Friendly Computers personnel may be.