HEREUNDER MENTIONED TERMS AND CONDITIONS STATE IMPORTANT EQUIREMENTS REGARDING CUSTOMER'S USE OF WEBSITE "LIVEPCEXPERT.COM" AND LIVE PC EXPERT SERVICES AND CUSTOMERS RELATIONSHIP WITH "LIVEPCEXPERT.COM"
CUSTOMERS SHOULD READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INSTRUCTIONS AND FORMATION AS OUR RIGHTS TO CHANGE ITS CONDITIONS, HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT ETC.
IF CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS, IT WILL APPLY TO ALL THEIR SERVICE PLANS FROM "LIVEPCEXPERT.COM", INCLUDING ALL THEIR EXISTING PLANS. CUSTOMERS ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE ""LIVEPCEXPERT.COM" SERVICE.
"Content" refers to Software, Materials, Services and other related information collectively.
"Customer(s)" "customer(s)" "They" "they" "You" or "you"
Refers to the existing, past or prospective user individually, any person, robot including any employer that he/she/it acting on behalf of "Live PC Expert"
All references to LIVE PC EXPERT refer to its owner, directors, officers, employee, experts, affiliates, portals, websites and www.livepcexpert.com.
"Services" AND "LIVE PC EXPERT Portal"
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the LIVE PC EXPERT Portal are the proprietary and copyrighted work of LIVE PC EXPERT and/or its suppliers. The definition of "Materials" does not include the design or layout of the web site, www.livepcexpert.com or any other LIVE PC EXPERT owned, operated, licensed or controlled website.
"Software" means a computer program of any kind, whether owned by LIVE PC EXPERT or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both LIVE PC EXPERT Software and third party Software. Customer's use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
Customer may order Services by submitting Plan Orders through the LIVE PC EXPERT Portal or by calling LIVE PC EXPERT. Once LIVE PC EXPERT accepts the Plan Order submitted by Customer, then they will receive an email from LIVE PC EXPERT at the email address that Customer provide or have provided to LIVE PC EXPERT as part of the Registration Process for the Services.LIVE PC EXPERT is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by LIVE PC EXPERT of a Plan Order, Customer will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, LIVE PC EXPERT will address Customer query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, LIVE PC EXPERT will attempt problem diagnosis and a solution through toll free number (in the specified country only), chat, email or other means as it deems most appropriate under the circumstances. Customer understand that there may be a text file placed on Customer computer that will explain the contact details of Live. PC Expert. If such a text file is placed on Customer computer, Customer has the option to either save the file for future reference or to delete it from Customer computer. All undertakings under Service Plans are subject to LIVE PC EXPERT'S Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 0-800-208-0798. Customer are agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once Customer has made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by LIVE PC EXPERT. LIVE PC EXPERT has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
When Customer purchased the Service, Customer agreed to a specific price and plan, all terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if Customer sign up for other LIVE PC EXPERT services ("Bundle Discount").
Credit Card, Debit Card, Internet banking
Customer may be asked to provide us with a Credit Card /Debit Card or internet banking details from a card issuer that we accept in order to activate Customer Service. The Customer hereby authorizes LIVE PC EXPERT to charge on Customer Credit Card or Debit Card or internet banking details with respect to any unpaid charges for Services. Customer authorize the issuer of the Credit Card or Debit Card or internet banking to pay specified amount described in the invoice raised without requiring a signed receipt. Customer acknowledge and agree that neither LIVE PC EXPERT nor any LIVE PC EXPERT affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by Customer as a result of such attempts to charge, and/or place holds on, Customer Credit Card or Debit Card or internet banking. If Customer mistakenly provides any card number, instead of a Credit Card or Debit Card or internet banking number and funds transfer is returned for insufficient funds, we will charge Customer an additional $25.00.
A Subscription under the Annual Payment Plan does not automatically renew in any case and expires at the end of the applicable Term Plan.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. The registered members of our website are automatically added to our site announcement mailing list. You as a subscriber of the mailing list have the option to opt out of these mailing list by clicking on the unsubscribe link in any of the newsletter sent to you. The unsubscribe process is automatic and immediate. This site uses a tool which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We control the configuration of the tool and are responsible for any information sent to the search engines.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and device type, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though LIVE PC EXPERT has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to LIVE PC EXPERT'S "fair use" policy. Under this policy, if at any time, in LIVE PC EXPERT'S sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then LIVE PC EXPERT reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, LIVE PC EXPERT reserves the right to suspend or terminate any Subscription Services of any Subscriber that LIVE PC EXPERT, in its sole discretion, determines are being used
User may terminate the Service at any time by giving written or electronic notice to LIVE PC EXPERT; provided, however, that User will not be entitled to a refund of any fees prepaid by user for the Service.
LIVE PC EXPERT may provide Customer with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable Customer to communicate with LIVE PC EXPERT employees and others as appropriate to Customer Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
GUESTS, TO USE LIVE PC EXPERT PORTAL
If Customer are not currently subscribed for a Service, then Customer are regarded as a "Guest". Usage of the LIVE PC EXPERT Portal by current LIVE PC EXPERT customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".
In connection with obtaining Services, Customer agrees that he will:
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
Customer hereby acknowledge that circumstances outside of LIVE PC EXPERT'S reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in LIVE PC EXPERT'S ability to schedule a support session. Customer hereby release LIVE PC EXPERT from any and all liability, and agree that LIVE PC EXPERT shall not be liable to Customer or any third party for any direct or indirect damages whatsoever, resulting from such delays.
LIVE PC EXPERT or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
MATERIALS AND SOFTWARE AVAILABLE ON THE LIVE PC EXPERT PORTAL, OR THROUGH A SERVICE
Use of any Materials and any Software provided by "Live Pc Expert" is governed by the more stringent of the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or if there is no EULA, these Terms and Conditions.
Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any LIVE PC EXPERT Web site may be copied or retransmitted unless expressly permitted by LIVE PC EXPERT.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA)
LIVE PC EXPERT as well as the third party licensors reserve the right, in regard to software or material provided to customers to update or change the Software from time to time and Customer agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. Customer may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
In accordance with and as required under the Service Plan Customer shall not make any copies of the Software and Material provided. Customers agree that the Software and Material provided is the confidential and proprietary information of LIVE PC EXPERT or third party licensors, providers or suppliers, and which Customer shall not disclose to others or use except as expressly permitted herein. Customer may not de-compile, reverse, attempt to discover any source code or underlying ideas or algorithms of the Software/Material, or otherwise reduce the Software/Material to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customers are not granted any title or rights of ownership in the Software/Material provided. Customers acknowledge that this license is not a sale of intellectual property and that LIVE PC EXPERT or third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the LIVE PC EXPERT Software and related documentation, as well as any corrections, updates and upgrades. The software/material provided may be used only in the country of residence at the time of acceptance of these terms for use of the software.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall LIVE PC EXPERT be liable to Customer in excess of the amounts actually paid by Customer to LIVE PC EXPERT under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by Customer must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
LIVE PC EXPERT at its sole discretion may terminate or suspend Customer Service immediately without notice :
(a) Customer are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
(b) Customer use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, LIVE PC EXPERT'S network, or the use and enjoyment of LIVE PC EXPERT'S other users;
(c) LIVE PC EXPERT receives an order from a court to terminate the Services Customer are availing;
(d) LIVE PC EXPERT determines that Customer are abusing the Service. LIVE PC EXPERT, in its sole discretion, may refuse to accept Customer request for the Service, renewal or re-subscription following a termination or suspension of Customer use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. LIVE PC EXPERT'S failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The LIVE PC EXPERT Portal is available internationally and may contain references to LIVE PC EXPERT products, services, and programs that are not available in a viewer's country. These references do not imply that LIVE PC EXPERT intends to make such products, services, or programs available in such country.
LIVE PC EXPERT reserves the right to amend the Terms and Condition, and the LIVE PC EXPERT Portal at any time by (a) posting a revised version of the Terms and Conditions on the LIVE PC EXPERT Portal (http://www.LivePcExpert.com), or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provide to LIVE PC EXPERT in connection with registration. Customers are responsible for regularly reviewing the LIVE PC EXPERT website to be notified of any amendments to the Terms and Conditions.
LAW AND JURISDICTION
United States Law governs these terms and conditions and Customer agree to submit to the exclusive jurisdiction of the United States courts.
If user has any questions about the Policy at our Web site, user can e-mail user inquiries to firstname.lastname@example.org