READ THIS AGREEMENT CAREFULLY BEFORE USING THE CURE MY PC SERVICE (“Service”). THIS END USER LICENSE AGREEMENT IS A BINDING, CONTRACTUAL AGREEMENT (“Agreement”) BETWEEN YOU ("You,“ “Your” OR “Licensee”) AND CURE MY PC (“We,” “Us,” “Our” OR “Licensor”). YOUR USE OF THE SERVICE IS SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
You must agree to this Agreement before We will service your computer. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU ARE PROCURING THIS LICENSE ON BEHALF OF AN ENTITY OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY OR ORGANIZATION.
Subject to the terms, conditions and exclusions of this Agreement, the term “Service” means troubleshooting or solving any software problems you may have on your computer by means of remote access and telephone support. “Service” does not include any onsite visits or repair center services.
1. LICENSE; AUTHORIZED USE; TERM.
Subject to the terms of this Agreement, Licensor grants to You a nonexclusive, nontransferable, non-sublicensable, limited, terminable license (“License”) to use the Service and any products provided to You by Licensor and its suppliers (“Products”) as determined by the plan that you purchase. In consideration of the License, You will pay us the fee agreed to when you enrolled in the Service. You shall not resell, sublicense, distribute, or transfer the Service or Products to any third party.
The License granted hereby will terminate upon the expiration of the plan term that You selected when You enrolled in the Service.
This Service and any Products are licensed (not sold) to You. Licensor and its suppliers retain all worldwide copyright, trade secret, trademark, patent and other proprietary rights in the Service and any Products. Your license confers no title to, or ownership in, the Service or Products, and Licensor reserves all rights not expressly granted to You hereby. All trademarks used herein are the property of their respective owners.
3. NO WARRANTY.
WE MAKE NO WARRANTY WHATSOEVER AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, AVAILABILITY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, CAPABILITY, USEFULNESS OR FITNESS FOR ANY PARTICULAR OR GENERAL PURPOSE OF THE CUREMYPC.COM WEBSITE, OR THE PRODUCTS, SERVICES OR TOOLS, HEREIN SUPPLIED OR SOLD OR REGARDING THE CHARACTERISTICS OF SERVICES PROVIDED BY OUR TECH SUPPORT STAFF, OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES, OR REGARDING THE TIMELINESS, USEFULNESS OR ACCURACY OF INFORMATION PROVIDED BY OUR TECH SUPPORT STAFF, AND ALL CONTENT DISTRIBUTED, CONTAINED, SOLD OR PUBLISHED VIA THE SITE IS PROVIDED TO YOU "AS IS, WHERE IS", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Notwithstanding the forgoing, and subject to the terms, conditions and exclusions of this Agreement, if We are unable to resolve any software problems that you have on your computer, We will refund the amount that you paid Us for the current period of Your service plan.
4. PROHIBITED USES.
You shall not engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication or order; (b) misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct; (c) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (d) engage in any other activity deemed by Licensor to be in conflict with the spirit or intent of this Agreement.
You shall indemnify, defend and hold harmless Licensor, its officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns (collectively “Affiliated Parties”) from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement; (b) your use of the Service and any Products and any transaction or other activity that arises from or is otherwise related to the Service or Products; (c) your warranty or indemnification claims against manufacturers of any software or hardware you may have installed on your computer; and/or (d) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay Licensor’s expenses, as provided above, Licensor shall have the right to defend itself, and in that case, you shall reimburse Licensor for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of Licensor’s written requests.
6. LICENSOR'S ACCESS TO AND USE OF YOUR INFORMATION
7. GENERAL TERMS AND CONDITIONS OF SERVICE.
7.1 Refunds are limited to current period of your selected plan ; i.e. month or six months. No refunds shall be made for past plan periods.
7.2 Resolution of some software problems by the Service may result in loss of data on Your computer,
7.3 The Service will not repair or fix any issues, problems or malfunctions diagnosed by us as: (a) hardware failures; (b) related to manufacturer's software bugs, drivers, or hardware or software conflicts; (c) external causes such as accident, abuse, misuse, or problems with electrical power; (d) usage that is not in accordance with product instructions provided by manufacturer; (e) failure to perform preventive maintenance; (f) problems caused by using accessories, parts, or components not compatible with the product; or (g) non-compliance with our technicians' instructions for resolving your problem.
7.4. Your computer must have internet access at a minimum rate of 56k for full use of the Service. If Your computer does not have such access, Your Service will be limited to telephone support.
7.5 Your computer must be virus-free at the inception of membership service or be subject to an additional fee to repair.
7.6. The Service will only provide local area network support if every computer in the network has been subscribed to the Service and such Service is limited to repairing or fixing issues, problems or malfunctions in network access to the internet not caused by hardware failures or related to manufacturer's software bugs, drivers, or hardware or software conflicts.
7.7 We do not assume liability for data or software corruption or loss at any time. You must backup data prior to service call. If solving Your software problem requires that your operating system be reinstalled, you may lose some or all of the data stored on Your computer.
7.8. Your original operating system installation disks and license codes must be available for Our technicians. You must also have available any software program disks that may need to be re-installed.
7.9. Your computer must be running a validly licensed copy of a current anti-virus program with an active subscription to the associated update service or We will install one without additional charge, which program will be subject to this Agreement.
8. FORCE MAJEURE
We shall not be shall be liable for any failure or delay in performance due to Force Majeure, which shall mean acts of God, earthquake, changes in law, regulation or government policy, labor disputes, war, fire, flood, insurrection, riots, sabotage, embargo, epidemics, acts or omissions of suppliers or vendors, transportation difficulties, unavailability of, interruption or delay in telecommunications or third party services, failure of third party hardware or software or inability to obtain supplies, raw materials, or power used in or equipment needed. We are not responsible for server downtime under any circumstances whatsoever.
We fully reserve the right to terminate and conclude any and all Service provided to you at any time without notice for any reason that we consider fit. We also reserve the right to discontinue any Service or modify any Service with no notice to you. If we terminate Service to you, we will deactivate your account and issue any appropriate refund in accordance with this Agreement . We shall not be liable to you or any third party if we terminate your account and you unmistakably agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. Upon termination of Service to you, Licensor's obligations to you shall cease.
10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY INDIRECT, INCIDENTAL, COVER, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR DATA WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR RELIANCE UPON THE SERVICE. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS OF US$150. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION BY YOU MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR IT SHALL BE FOREVER WAIVED AND BARRED. YOU AGREE TO HOLD US HARMLESS FROM ANY LOSS OR HARM OF ANY NATURE DUE TO YOUR USAGE OF THIS SITE OR ANY TOOL, PRODUCT OR SERVICE THAT WE PROVIDE TO YOU, WHETHER DIRECTLY OR INDIRECTLY.
11.1 Waiver and Remedies. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The remedies under this Agreement shall be cumulative and not alternative and the election of one remedy for a breach shall not preclude pursuit of other remedies unless as expressly provided in this Agreement.
11.2 Governing Law. This Agreement shall be governed in all respects by the substantive laws of the State of California, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction. Any action or proceeding arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts in New Jersey, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Licensor may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.
11.3 Relationship. Neither party is, nor represents itself to be, an agent, employee, partner or joint venturer of the other, nor will either party transact any business on the other's behalf, nor in any form make promises, representations or warranties that incur any liability for or on behalf of the other party.
11.4 Severability. If any covenant set forth in this Agreement is determined by any court to be unenforceable by reason of its extending for too great a period of time or by reason of it being too extensive in any other respect, such covenant shall be interpreted to extend only for the longest period of time and to otherwise have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect.
11.5 Compliance with Laws. Licensee shall comply with all laws and regulations applicable to this Agreement or the transactions contemplated hereby.
11.6 Assignment. You may not assign this Agreement without the prior written consent of Licensor.