PC GUY® TECHNICAL SUPPORT
TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This PC GUY Technical Support Terms of Service ("Service Terms") is provided to you ("Customer") in connection with the PC GUY Technical Support Plan (the "Service") that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and PC GUY with respect to the Service.
2. DESCRIPTION OF SERVICE
Upon purchase of the Service, Customer shall be eligible to receive the following services via in store, remote, or phone support (e.g., over the phone or via the Customer's computer with a PC GUY Agent logged into the Customer's computer):
Software assessment and removal of viruses and malware
Certain hardware installation
Operating system installation
Annual computer tune-
Hard drive data removal upon request
Hard drive removal upon request
Service is on a per-
Customer prerequisites: The Service requires a functioning high-
If Customer would like to continue the Service after expiration of the initial Service period, Customer agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are non refundable. PC GUY may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
If Customer signs up for automatic renewal, his or her subscription will renew automatically at the end of each 12-
4. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
PC GUY may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, PC GUY will notify you by posting the changes to the site from which you purchased the Services. PC GUY reserves the right to modify or discontinue the Service with or without notice to Customer. PC GUY shall not be liable to Customer or any third party should PC GUY exercise its right to modify or discontinue the Service. Customer's continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
It is PC GUY's policy to respect the privacy of its Customers. For information on our privacy practices, please call PC GUY 360-
6. CUSTOMER'S RESPONSIBILITY TO BACK UP DATA
Customer agrees that prior to PC GUY servicing any Customer equipment it is Customer's responsibility to (1) back up the data, software, information or other files stored on Customer's computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact discs, floppy discs, laser discs, cassettes, DVDs, film or other media from Customer's product. Customer agrees that whether or not Customer requests back-
7. LIMITATIONS TO SERVICE
PC GUY shall not be liable for any failure or delay in performance due to any cause beyond its control. PC GUY and/or its third-
Customer agrees to indemnify, defend, and hold harmless PC GUY (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by PC GUY by reason of, or arising from: (a) Customer's breach of this Agreement; (b) Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer's actual or alleged failure to promptly pay sums due PC GUY or third parties; (d) Customer's failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
9. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PC GUY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. PC GUY MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PC GUY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM PC GUY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
10. LIMITATION OF LIABILITY
PC GUY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PC GUY 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 SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer's responsibility to back up the software and data that is stored on Customer's computers, hard disk drive(s), and/or on any other storage devices Customer may have, and PC GUY shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. PC GUY shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by PC GUY. Notwithstanding any language to the contrary, PC GUY's maximum liability to Customer arising from or related to PC GUY under this Agreement shall be limited to the sums paid by Customer to PC GUY under this Agreement during the three months prior to the time the cause of action arose.
These Service Terms shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law provisions. Customer and PC GUY agree to submit to the exclusive jurisdiction of the courts in Minneapolis, Minnesota. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and PC GUY agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.