Last Modified on February 12, 2014
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING AGREEMENT
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT TECHSUPPORTEXPERT MAKES FROM TIME TO TIME.
1. Description of Service: Subject to the terms and conditions set forth herein and the specifics of each Service Plan, TechSupportExpert provides remote technical support to consumers of personal electronics via telephone, on-line chats, and email. The products that are supported by TechSupportExpert (the “Supported Products”) and the Services are described in detail on the TechSupportExpert website. Services will be provided by TechSupportExpert’s technical support engineers (“TSEs”) using commercially reasonable efforts to solve problems that arise in connection with Subscriber’s proper and authorized use of the Supported Products. In order to facilitate the provision of the Services by TechSupportExpert to subscriber, it may be necessary for the TSE to access the subscriber’s computer system remotely via Remote Computer Control (“RCC”) in order to diagnose errors, make required adjustments and corrections to configuration, and administer the system as necessary. By accepting this agreement, You hereby consent to the use of RCC by TechSupportExpert TSEs.
2. Your Responsibility: In order to provide our services, you agree that you will cooperate with the TechSupportExpert Technician. Our experience shows that most issues can be corrected with close cooperation between you and the TSE. In order to facilitate the prompt resolution of support issues you shall, provide to TechSupportExpert detailed documentation and explanations, together with underlying data, to substantiate issues and to assist TechSupportExpert in its efforts to diagnose and correct problems. You shall listen carefully to the TSE at all times and follow the instructions issued by the TSE. You represent and warrants that you have working knowledge of your hardware system, any relevant software, and the facts and circumstances that give rise to the support incident. You shall ensure that the full system, including software and hardware, is available and accessible to you during a support session. TechSupportExpert shall not be responsible for any lost or corrupted software or data. It is your sole responsibility to ensure the maintenance of a complete data backup and disaster recovery plan.
3. Service Limitations/Exclusions: TechSupportExpert shall have no obligation to render services in the any of the following occur:
3.1. Supported Products that have been altered, damaged or modified
3.2. Services and products are not included in your Service Plan
3.3. Problem diagnosis and support that may not be completed because of a problem with Your computer or other equipment, or because their configuration is beyond our control
3.4. Software, including the operating system and software which are not compatible with the hardware on which they are installed; and problems caused by:
a. External causes such as accident, abuse, misuse, or problems with electrical power
b. Usage that is not in accordance with product instructions provided by manufacture
c. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance
d. Accessories, parts, or components not compatible with the product
e. Failure to follow instructions issued by the TSE
f. Errors due to negligence, hardware malfunction or other causes beyond the reasonable control of TechSupportExpert
4. Service Plans, Billing, and Refund
4.1. Service Plans
We offer various service plans to fit your needs. The information regarding the available service plans is available on the site. You may order services plans through the TechSupportExpert Portal or by calling TechSupportExpert. You must have Internet access and a current valid accepted payment method (“Payment Method”), to use the service plan.
Your service will commence once you have made payment for the selected service plan according to the requirements of the corresponding service plan. TechSupportExpert has no obligation to render services under any service plan if the payments as required have not been made.
You understand that certain service plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on one time basis (“Single Payment Plan”), an annual basis (“Annual Payment Plan”) or on a monthly basis (“Monthly Payment Plan”). By starting your TechSupportExpert service plan, you are expressly agreeing that we are authorized to charge you a one time, monthly or annual service plan fee at the then published rate, and any other charges you may incur in connection with your use of the services to the Payment Method you provided (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in this ToU, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The service plan fee will be billed at the beginning of the paying portion of your service plan and each month or year thereafter unless and until your plan term end is reached or you cancel your service plan.
You authorize TechSupportExpert and/or any other company who bills products or services, or acts as billing agent for TechSupportExpert to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment mothod until such amounts are paid in full. You agree to provide TechSupportExpert with updated credit card information upon TechSupportExpert’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TechSupportExpert nor any TechSupportExpert affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at TechSupportExpert’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $25.00.
When you purchase the service plan, you agree to a specific price and service plan, the plan term of one, two or three years (“Plan Term”). The plan term and fees shall be set forth in the applicable service plan at the time of purchase. Some plans may offer a discount if you sign up for other TechSupportExpert services (“Bundle Discount”). You agree to maintain your service plan and the bundled services for the applicable term. If you signed up for a plan term or a bundle discount, the price available with those plans is valid until one of the following occurs: (1) the plan term expires; (2) you remove one or more of the TechSupportExpert services you were required to purchase to receive the special rate as notified to TechSupportExpert; or (3) You terminate the service plan before completion of the plan term.
We value all our customers and thrive to provide the best customer satisfaction. We are dedicated to provide a fair and practical refund policy. We kindly ask for your co-operation in order to provide the highest level of customer service.
NOTE: WE HIGHLY ENCOURAGE CUSTOMERS TO CONTACT US AT 562-735-0320 or 800-742-9005 BEFORE YOU CONTACT YOUR CREDIT CARD COMPANY.
IF YOU HAVE CONTACTED YOUR CREDIT CARD COMPANY BEFORE CONTACTING US, IT MAY DELAY YOUR REFUND PROCESS AND IMPEDE ANY FURTHER SERVICES TO YOU BECAUSE WE HAVE TO COORDINATE WITH THE CREDIT CARD COMPANY TO RESOLVE THE ISSUE.
Refunds are based on your service plan as follows:
Single Incident Plan:
In the event TechSupportExpert is not able to resolve the issue and you request refund within 7 days from date of purchase, you will be entitled to a refund amount equivalent to:
REFUND = Fees paid – 10% Fees paid
If you request refund after 7 days from the date of purchase or we have resolved one or more issues, you will NOT be entitled to a refund. Notwithstanding the foregoing TechSupportExpert may, at its sole discretion and on a case by case basis, agree provide support.
Subscription service plans (3 month, 6 month, 1 year, 2 year or 3 year):
In the event TechSupportExpert is not able to resolve the initial issue and you request refund within 30 days from date of purchase, you will be entitled to a refund amount equivalent to:
REFUND = Fees paid – 20% Fees paid – Single incident fee
For any software products purchased through the TechSupportExpert, you will be entitled to a refund if you request the refund within 15 days from the date of purchase of the software equivalent to:
REFUND = Amount paid – 20% of Amount paid
Bundled Package with Service plan and Software product:
For bundled packages purchased that include service plan and software, you will be entitled to a refund if you request the refund within 15 days from the date of purchase equivalent to:
REFUND = Total amount paid – Single Incident Fee – Software product price (if activated) – 20% of Total Amount paid
For any other question regarding the refund, please contact us at 562-735-0320 or 800-742-9005 and one of our technician will be glad to assist you.
5. Updates to this ToU: TechSupportExpert may revise this ToU as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline an update of this ToU. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service and uninstall the Software.
6. Third Party Services: TechSupportExpert may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, training, security, virus protection, backup, gaming, identity theft protection, and storage services that TechSupportExpert may elect to make available from time to time. Violation of such third party provider’s terms of service may, in TechSupportExpert’S sole discretion, result in the termination of your customer account and use of service.
7. Termination of Service: TechSupportExpert reserves the right to deny service to any person at TechSupportExpert’s sole and absolute discretion. The Service is offered with the understanding that TechSupportExpert may terminate or suspend its services to you at any time, for any reason or no reason, including without limitation for any violation of this ToU. TechSupportExpert may stop offering and/or supporting the services at any time.
8. Fair Use Policy: Your use of the services is subject to TechSupportExpert‘s “fair use” policy pursuant to which TechSupportExpert at its sole discretion, may suspend or terminate Your access to the Services, if you are found to be abusing the services by (i) exceeding the level of use reasonably expected from someone using the relevant Support Plan; or (ii) fraudulently allowing persons other than you to access the Services using Your Password. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid Monthly Fees. You are solely responsible for the contents of Your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
9.1. Use of TechSupoortExpert Software: The Software may only be used in connection with the Service and in accordance the Disclosure and End User License Agreement and rules, restrictions or documentation set forth by TechSupportExpert from time to time. You understand that TechSupportExpert, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable any Software you may already have accessed or installed without prior notice. TechSupportExpert reserves the right to add or remove features or functions to the Software at any time in its sole discretion. You acknowledge and agree that TechSupportExpert has no obligation to make available to you any subsequent versions of its software applications.
9.2. Third Party Software: As part of the Services, TechSupportExpert may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). 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, whether TechSupportExpert assists you in the acquisition, installation, and/or use of Third Party Software. TechSupportExpert has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the TechSupportExpert Software shall remain in full force and effect unless and until terminated by TechSupportExpert, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the TechSupportExpert Software and immediately delete the TechSupportExpert Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
10. Restrictions and Conditions of Use:
10.1. Use of Site and Service: TechSupportExpert permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, distribute, transfer, sell or re-sell any information, content, or services obtained from the Site.
10.2. No Violation of Laws: You agree that you will not, in connection with your use of the Site, Software or the Services, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Software, Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
10.3. Software License Restrictions: Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service or any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or the Services; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of TechSupportExpert; or (iv) make any false, misleading or deceptive statement or representation regarding TechSupportExpert and/or the Software or Service.
10.4. Misuse of Site and/or Service: You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, accounts registered to other users, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding TechSupportExpert and/or the Software or Service or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
10.5. No Commercial Uses: You agree that you will not use any portion of the Software, the Site or the Services for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of any portion of the Software, the Site or Service.
10.6. No Data Mining or Harmful Code: You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Software or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software, the Site or the Service.
11.1. Links from the Site: The Site may contain links to websites operated by other parties. TechSupportExpert provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of TechSupportExpert, and TechSupportExpert is not responsible for the content available on the other sites. Such links do not imply TechSupportExpert’s endorsement of information or material on any other site and TechSupportExpert disclaims all liability with regard to your access to and use of such linked websites.
11.2. Links to the Site: Unless otherwise set forth in a written agreement between you and TechSupportExpert, you must adhere to TechSupportExpert’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TechSupportExpert’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TechSupportExpert, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) TechSupportExpert reserves the right to revoke its consent to the link at any time and in its sole discretion.
12. Intellectual Property:
12.1. Trademarks: TechSupportExpert and the TechSupportExpert logo are trademarks/service marks of TechSupportExpert. Unauthorized use of any TechSupportExpert trademark, service mark or logo may be a violation of federal and state trademark laws.
12.2. Copyright: The Site, Service and Software are protected by U.S. and international copyright laws. Except for your use as authorized in this ToU, you may not modify, reproduce or distribute the content, design or layout of the Site, Service or Software, or individual sections of the content, design or layout of the Site without TechSupportExpert’s express prior written permission.
13. Location: The Site and the Service are operated by TechSupportExpert in the United.
14. Submitted Content: TechSupportExpert does not claim ownership of any materials you make available through the Site. At TechSupportExpert’s sole discretion, such materials may be included in the Services in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant TechSupportExpert a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license.
15. DISCLAIMER OF WARRANTIES: THE SITE AND SERVICEs ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TECHSUPPORTEXPERT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. TECHSUPPORTEXPERT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TECHSUPPORTEXPERT PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; OR (II) THE SERVICE WILL FIND OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES OF INTERNET OR MOBILE DEVICE CONTENT ABOUT THE SUBJECT(S) OF THE SEARCHES TO BE UNDERTAKEN BY THE SERVICE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
16. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHSUPPORTEXPERT, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF TECHSUPPORTEXPERT AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF TECHSUPPORTEXPERT OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of TechSupportExpert and its affiliates shall be limited to the fullest extent permitted by law.
17. Indemnification: You agree to indemnify, defend and hold TechSupportExpert and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of this ToU or any other policies that TechSupportExpert may issue for the Site, the Software and/or Service from time to time.
18. Governing Law; Jurisdiction: This ToU shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 22 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site, the Software and/or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction and venue of such courts.
19. Binding Arbitration:
19.1. Arbitration Procedures: You and TechSupportExpert agree that, except as provided in Section 22.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 22 and the JAMS Rules, the terms in this Section 22 will control and prevail.
Except as otherwise set forth in Section 19.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and TechSupportExpert may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND TECHSUPPORTEXPERT WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
19.2. Location: The arbitration will take place in Los Angeles County, California, unless the parties agree to video, phone and/or internet connection appearances.
19.3. Limitations: You and TechSupportExpert agree that any arbitration shall be limited to the Claim between TechSupportExpert and you individually. YOU AND TECHSUPPORTEXPERT AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
19.4. Exceptions to Arbitration: You and TechSupportExpert agree that any Claim seeking to enforce or protect, or concerning the validity of, any of your or TechSupportExpert’s copyrights, trademarks, or patents and any claim for equitable relief related to such Claims are not subject to the above provisions concerning negotiations and binding arbitration. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
20.1. ToU Revisions: This ToU may only be revised in a writing signed by TechSupportExpert, or published by TechSupportExpert on the Site.
20.2. No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between you and TechSupportExpert as a result of this ToU or your use of the Service or the Software.
20.3. Assignment: TechSupportExpert may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without TechSupportExpert’s prior written consent, and any unauthorized assignment by you shall be null and void.
20.4. Everability: If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
20.5. Attorneys’ Fees: In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
20.6. No Waiver: Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
20.7. Force Majeure: You hereby acknowledge that circumstances outside of TechSupportExpert’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 TechSupportExpert’s ability to provide services. You hereby release TechSupportExpert from any and all liability, and agree that TechSupportExpert shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
20.8. Notices: All notices given by you or required under this ToU shall be in writing and addressed to: TechSupportExpert, 6700 E. Pacific Coast Hwy, Suite 201, Long Beach, California, 90803, Attention: User Support.
20.9. Export Administration: You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
20.10. U.S. Government Rights: If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Software is “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.
20.11. Equitable Remedies: You hereby agree that TechSupportExpert would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
20.12. Entire Agreement: This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service