IT Terms of Service Agreement
These Terms (the “Agreement”) apply generally to all services (the “Services”) and govern your use of the Services and Website (as defined below). CHASE Tech 8 LLC. A Washington Limited Liability Company (“Company”) has developed a comprehensive operation of the Company under the trade marks CHASE Tech 8® and CHASE Tech 8® that principally offer the Services which is (the “Operators”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT ANY DISPUTES THAT SHOULD ARISE FROM THE USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY AN ARBITRATOR, AND THIS AGREEMENT ALSO CONTAINS A WAIVER TO A JURY TRIAL OR ANY CLASS ACTION PROCEEDINGS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
- Definitions: For purposes of this Agreement, the following definitions shall apply:
- “Us”, “We”, and “Our” shall mean the Company and its respective parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns, and, for the purposes of all Sections of this Agreement except Sections 14, 21, and 23, shall also include its System Operators.
- “You” and “Your” and “Yourself” mean a person or business who uses the Services and any person or entity represented by that individual.
- “Systems” shall mean the computer, laptop, or mobile devices hardware, and the computer, laptop, or mobile devices software listed on Invoice and/or Contract, attached hereto and made a part hereof, including but not limited to game consoles, tablets, iPads, and home tech.
- “Services” shall mean the Operation, Maintenance and Management of the Systems, specifically defined in Description of Services.
- “Operator” shall mean the operation of the Systems, including, but not limited to manipulation and computation of data by the Systems, the outputting of such manipulated and computed data by the Systems, and communication between elements of the Systems.
- “Maintenance” shall mean remedial maintenance and preventive maintenance of the System.
- “Management” shall mean the scheduling of the Services of the Systems and the recommendation of changes and additions are included.
- Privacy Policy: You acknowledge that when You visit the Website or use the Services, We may use automatic or other means (including, for example, cookies and web beacons) to collect information about You and Your Device and/or about Your access or use of the Website. You also may be required to provide certain information about Yourself and/or Your Device as a condition to receiving the Services, and the Services may provide You with opportunities to share information about Yourself with others. All information We collect through or in connection with the Services is subject to Our Privacy Policy which is available at https://chasetech8.com/privacy-policy/, and explains Our policies with respect to the collection, use and disclosure of information related to or derived from Your use of the Website and Services. Please read the Privacy Policy carefully and completely. It is incorporated by reference into this Agreement, and by using the Services, You consent to the collection, use and disclosure of Your information as set forth in that Policy. Because We cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Us at Your own risk. If You know or suspect that the passwords associated with or stored on Your Device have been available to or accessed by anyone as a result of Your use of the Services, You should immediately change or reset those passwords.
- Representations: When seeking the Services, You represent to Us that You are the owner and/or have the authority to consent to an inspection and repair of the Device. We reserve the right to refuse to provide You with the Services if We determine that You are not the owner and/or the authorized user of the Device. When seeking the Services, You represent to Us that any information or data disclosed to Us is not confidential or proprietary to You or any third party.
- Authorizations: You authorize Us to perform the Services, including but not limited to repairs, technical support, in-home services, consultation/advise, and other services as provided by CHASE Tech 8 to this Agreement. When seeking certain Services, You (a) expressly consent to inspection and repair of the Device, and (b) authorize Us to repair and otherwise effect changes to Your Device to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible.
- Scope of the Services: The Services include repair of Your Device and, if applicable, the operating systems and software applications either thereon or intended to be used thereon, and may include technical support services related to either the repair of Your Device or the optimization of Your usage of Your Device. Services may also include technology recycling that may be subject to separate terms and conditions. You acknowledge that in performing the Services, We may use new, rebuilt, reconditioned or refurbished parts or components, and original or non-original parts. The Services are not provided as part of the original manufacturer’s warranty. If Your Device is under any applicable manufacturer’s or other warranty, You acknowledge that the Services may void the manufacturer’s warranty.
- Availability of the Services. The Services are available for all eligible Devices during the operating hours of the Company. Where applicable, an individual seeking to use the Services on behalf of Your company may be required to provide identifying information including whether the individual is an owner, member, partner, director, manager, employee, or agent of Your company. Eligible Service Locations: When You schedule public area Services, eligibility is subject to participating stores, the availability of the public area Services in Your geographic location, and/or subject to the eligibility requirements set forth in this Agreement. We reserve the right to cancel or refuse Services as necessary, including if We determine the Service location is cost prohibitive for Our Service technicians to travel to in order to perform the Services or puts Our Service technicians in harm or feel threaten. Services that are done by CHASE Tech 8 or any type of interaction with CHASE Tech 8 including not limited by receiving payment and delivering invoices from CHASE Tech 8 agrees to the Terms of Agreement and Privacy Policy.
- Eligibility For Services. Eligible devices may include, without limitation, cellular phones, laptops, tablets, gaming devices, televisions, printers, smart home products, and any other devices as determined by Us in Our sole discretion. Service eligibility and initiation of the Services is subject to: (a) a visual and physical inspection of the device to Service; (b) confirmation that the device is eligible, accessible and serviceable subject to Our service eligibility criteria which is determined at Our sole discretion; and/or (c) confirmation that no modifications to the device exist that would make the device ineligible or unsafe for the performance of Services. Subject to Our sole discretion, We determine eligibility for public area meet up Services during the scheduling process, and confirm eligibility in accordance with the requirements of this Agreement at the designated Service location.
- Back Up: You are solely responsible for backing up any software or data that is stored on Your Device and deleting, encrypting or otherwise protecting Your data from unauthorized use. We are not responsible for any loss, alteration or corruption of any hardware, software, data or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by You regardless of the cause of any such loss or damage. You are responsible for any and all restoration and reconstruction of lost or altered files, data or programs. We will not treat data on Your Device as confidential and We disclaim any agreement with You or other obligation to do so.
- Diagnostic Testing: Client agrees to the following stipulations when CHASE tech 8 does a Diagnostic Test during the service(s) of Client device(s):
a. Client understands during the diagnostic testing CHASE Tech 8 is not liable when devices do not cooperate and/or does not function while and during the test.
b. Client understands during diagnostic testing that CHASE Tech 8 is not liable when issues do not present themselves, which means CHASE Tech 8 is unable to continue to run diagnostic testing.
c. CHASE Tech 8 is responsible to provide recommendations/options with a quote to the Client when there is a successful diagnostic test.
d. Client understands with signing this agreement, this will not only cover the Diagnostic testing but will include the service agreement, it is not necessary for them to be filling out a separate agreement.
- Remote Assistance/Remote Session: Client agrees to the following stipulations when a remote access is involved during the service(s) of Client device(s):
- Client must be available during the remote access of their device. There will be times that Client may not be needed however, they must be in the vicinity so, CHASE Tech 8 can reach Client.
- Routine Maintenance includes a physical hardware clean, due to a remote access; no physical hardware cleaning would be done. This is also under the assumption that the devices are not in warranty as it would breach warranty.
- Network connection must be available and a successful connection must be established in order to do a remote access. If network connection is not viable, after a couple of attempts have been made, Client will need to determine whether they will bring in their device to CHASE Tech 8 location or decide not to go further. During the determination, Client must pay CHASE Tech 8 LLC for all Services performed up to the connection failure.
- Software that CHASE Tech 8 will use are: Syncro and/or Splashtop. For more information about Syncro Terms and Agreement click on the link: https://syncromsp.com/terms-of-service
- Syncro RMM (MSP)
To provide efficient and proactive support to clients. This system enables us to:
- Securely monitor your devices (within business hours of 9AM–5PM, Monday–Friday).
- Perform remote assistance to resolve technical issues.
- Track asset inventory for better documentation and support history.
- Automate routine maintenance like patching, alerts, and performance checks.
- Manage service tickets through a secure client portal
Syncro RMM is HIPAA-compliant and designed with security best practices in mind. When you agree to our services, you acknowledge and understand that basic system diagnostics and performance data may be collected solely to fulfill support and monitoring purposes. This includes, but is not limited to:
- Basic System Information will include the type of: OS- Software platform that manages hardware and software resources on a computer. ie: Windows macOS, LinuxMotherboard- Main circuit board of a computer that connects all components, including the CPU, RAM, storage, and expansion cards to allow it to give power and turn onCPU- Responsible for running all the applications. Ie: Software ApplicationsNetwork- system that connect to other computers or how you get your internet, via ethernet or wifi.Video Card- the rendering of images and videos, ie: graphic card (GPU)Drivers- Small software programs that let your OS communicate with hardware (e.g., graphics card, network adapter, printer).Display- monitor or screen output connected to the system. Showing you the items on the screen.
- Remote Monitor & Manage Collected Info:Task Manager- A built-in Windows tool that shows running processes, CPU/memory usage, startup programs, and performance metrics.Service Manager- Manages Windows background services. Allows you to start, stop, or configure how services run.Event Viewer- A diagnostic tool that logs system, application, and security events, which can help troubleshoot crashes, errors, and performance issues.System Info- Provides detailed information about the hardware, OS version, BIOS, and drivers on a computer.File System- The method used by the OS to store and organize files on a drive. Common types: NTFS, FAT32, exFAT.Registry Editor- A tool that lets you view and edit the Windows Registry, a database containing settings and configurations for the OS and installed programs.Remote Desktop- The ability to connect and control another computer remotely, using a network connection. See Remote Assistance/Remote Session for more details.Terminal- A text-based interface to execute system commands. In Windows, this includes Command Prompt or PowerShell, and in Linux/macOS, it’s the Terminal app.
- Client privacy is a top priority. No personal files, documents, or sensitive data are accessed unless authorized by the client during troubleshooting or project work.
- Payment Terms: Client agrees to pay CHASE Tech 8 LLC the following fees for the Services upon completion of the service and/or upon receiving an invoice. In addition to convenience fees that is being charged by a third-party POS system. If payment is not made within 15 business days of invoice or completion, interest shall accrue at a rate of two percent per month. Client shall be responsible for all costs of collection including reasonable attorney fees. No business shall continue until payment has been completed. A Net 15, Net 30, or installment can be initiated however, the situation is not during the time CHASE Tech 8 is taken advantage. CHASE Tech 8 will propose the options as they see fit.
- Abandonment: We will contact You when the Services have been completed and Your Device is ready for pick up. You acknowledge and agree that if, despite Our efforts to contact You, You fail to pick up Your Device or otherwise arrange for its return for more than thirty (30) days, or other longer period as required by law, following the completion of Services, Your Device will be deemed abandoned and will become Our property, subject to all applicable provisions of law. In such an event, We may dispose of or otherwise utilize the abandoned property in Our sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs.
- Replacement Devices: Subject to this Agreement regarding Your responsibility to back up Your data, We will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Our possession for Service. In the unlikely event that Your Device is lost, stolen or damaged while it is in Our possession for Service, We will repair Your Device or replace it with a device of like kind and quality, as determined by Us in Our sole discretion, which, at Our sole option, may be new or refurbished.
- Limited Warranty: The repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement, will be warranted for a period of three (3) months from the date the Services are completed (the “Limited Warranty”), subject to the provisions and exclusions set forth herein.
- Limited Warranty Exclusions: This Limited Warranty does not apply to Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer’s intended use, regardless of whether the Services attempted to repair such damage or exposure. This Limited Warranty does not provide coverage for Devices which have been subjected to abuse, misuse, damage due to external causes or an Act of God, normal wear and tear which does not affect the original manufacturer’s intended use, battery leakage or damage resulting from battery leakage. Furthermore, this Limited Warranty does not cover defects resulting from any action by You, including but not limited to mishandling, physical damage, operation outside of design limits, improper repair by someone other than Us, or unauthorized modification. This Limited Warranty does not apply if Your Device shows evidence of tampering or shows evidence of being damaged as a result of excessive corrosion, electrical current, heat, moisture or vibration, or as a result of improper specification, misapplication or other operating conditions outside of Our control. This Limited Warranty covers the following software Services only: factory restores, backups, jailbreaks, and unlocks. This Limited Warranty does not apply to Devices with software modifications performed by someone other than Us following the completion of the Services, including without limitation updated software, use of unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Us. This Limited Warranty is non-transferable and does not apply to Devices on which the serial number has been altered, defaced or is missing.
- Ownership of Repaired or Replaced Parts and Devices: Unless otherwise required by law, all replaced Devices, parts, components, boards and equipment will become Our property, and You waive all rights you may have under state or other laws to the replaced Device or repaired or replaced parts.
- Limited Warranty Procedure: If Your repaired or replacement Device malfunctions within the three (3) months Limited Warranty term, it must be returned to Us, and You will be responsible for any applicable shipping costs. If, upon Our examination, We determine at Our sole discretion that the parts or repairs used to perform the Services were defective, or in the case of a replacement Device, that the replacement Device is defective, it will be repaired at no charge.
- No-Lemon Policy: For replacement Devices only, if we have performed three (3) covered repairs on your replacement Device pursuant to this Limited Warranty, and it requires a fourth (4th) repair within the three (3) months Limited Warranty term, we will replace the Device with a subsequent replacement Device of like kind and quality, which may be new or refurbished in Our sole discretion. In the event we provide a subsequent replacement Device, it will be warranted under this Limited Warranty for the remainder of the original three (3) months Limited Warranty term only.
- DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY THIRD PARTY IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
- LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR THE WEBSITER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Modification: We reserve the right to modify this Agreement, and, where applicable, Your continued use of the Services or Website represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.
- Severability & Waiver: You and We agree that if any term of this Agreement, Invoice, and/or Contract is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.
This Agreement will terminate automatically upon completion by the Company of the Services required by this Agreement, Invoice, and/or Contract.
In the event of any termination/cancellation of this Agreement, Invoice, and/or Contract, Service Provider may:
- Declare all amounts owed to it hereunder to be immediately due and payable;
- Enter Service Recipients premises and repossess all supplies, spare parts and other items supplied by Service Provider hereunder for which payment has not been received by Service Provider; and
- Cease performance of all Services hereunder without liability to Service Recipient.
- The foregoing rights and remedies of each party hereto shall be in addition to all other rights and remedies available to them in law and in equity; but the liquidated damages as stated below shall be Service Recipient’s exclusive remedy for Service Provider’s failure to maintain in a timely manner.
- Meta – Data: You understand and agree that We may collect Meta – Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Us to enhance and improve this process, may be shared with Our affiliates, and will not be distributed further without your consent. Data types that may be collected from Your Device include: Device phone number, Device model number, Device IMEI, Device serial number, downloaded applications & their respective settings and license and host applications & their respective settings and licenses.
- Arbitration Agreement. Most of Your concerns about the Services can be addressed by contacting Us at LEGAL@CHASETECH8.COM. For any dispute with Us, You agree to first contact Us and attempt to resolve the dispute with Us informally.
- YOU AND WE AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. This Arbitration Agreement (“ARB”) shall survive the termination of the Agreement, Invoices, or Contract and is governed by the Federal Arbitration Act. This ARB shall be interpreted broadly, and it includes any dispute You have with Us that arises out of or relates in any way to Your relationship with Us or the Services, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this ARB does not preclude You from bringing an individual action against Us in small claims court or from informing any federal, state or local agencies of Your dispute. Such agencies may be able to seek relief on Your behalf.
- To initiate arbitration, send a written Notice of Claim by certified mail to: CHASE Tech 8 LLC, PO Box 1164 Spokane WA, 99037. The Notice must describe the dispute and the relief sought. If We do not resolve the dispute within 60 days of receipt of the Notice, You may start an arbitration with the American Arbitration Association (“AAA”). You may contact the AAA and obtain a free copy of the rules and forms necessary to start an arbitration proceeding at www.adr.org or 1-800-778-7879. We will reimburse You for a filing fee paid to the AAA, and if You are unable to pay a filing fee, We will pay it if You send a written request by certified mail to the Legal Department at the address provided above.
- The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“Rules”) in effect at the time the arbitration is started and as modified by this ARB AGREE. The arbitrator is bound by the terms of this ARB and shall decide all issues, with the exception that issues relating to the enforceability of this ARB may be decided by a court. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration.
- The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement, Invoice, or Contract.
- Class Action Waiver: In furtherance of Section 16A of this Agreement, any Claim arising out of or post cancelation or termination of this Agreement must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, class arbitration, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action. Nor shall the arbitrator have authority to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only in a court of competent jurisdiction and not by an arbitrator. The parties agree that this Section 18 shall expressly survive cancelation or termination of the Agreement. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. If this specific provision of this Section 18 is found to be unenforceable, then the entirety of this Section 18 and the ARB is null and void.
- Claim Limitation. Unless otherwise allowed by applicable law, any claim related to the Services shall be brought within three (3) months of the events giving rise to the claim. Failure to assert any such claim during those three (3) months period results in the claim being forever waived and barred.
- Third-Party Content. The Services may expose You to content, websites, products and services created or provided by parties other than Us (“third-party content”). We do not review, endorse or assume any responsibility for third-party content and shall have no liability to You for access to or use of third-party content. You acknowledge and agree that We are not responsible for third-party content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to You or any other person or entity for any third-party content. Third-party content and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Policy do not apply to that third-party content. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Policy do not apply to that third-party content.
- Intellectual Property Rights. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the Services are Our exclusive property, and all such rights not expressly granted to You in this Agreement are hereby reserved and retained by Us. If You submit comments or ideas about the Services, including ways to improve the Services or other products or services (“Ideas”), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Idea without compensation to You and/or to disclose the Idea to anyone on a non-confidential basis. You further acknowledge that We do not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees, or obtained from sources other than You.
- Indemnification. You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the Services; (b) Your alleged or actual breach of this Agreement; (c) Your alleged or actual violation of any applicable rule, law or regulation; (d) Your negligence or willful misconduct; or (e) Your alleged or actual violation of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
- Assignment. This Agreement, Invoice, and Contract and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Us, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
- Misuse. You shall not misuse the Services or Website, including, without limitation, using the Services or Website in any manner that: (a) interferes with or interrupts the Services or Website or any hardware, software, system or network connected with the Services or Website; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another’s privacy rights; (c) uses the Services or Website on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or Website or any other computer software or hardware; (f) removes, disables, circumvents, or otherwise creates or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or Website; or (g) uses any robot, spider, or other automatic device, process, or means to use the Services or Website.
- Services Exclusions. Technical support Services may have limitations and exclusions including but not limited to (a) assistance with third-party software or services that are not related to Your Device; (b) installation of third-party software or OEM drivers not supported by Your Device; (c) assistance with network coverage issues, such as dropped calls/data interruptions; (d) over-the-air updates to operating systems, firmware, or some software; (e) diagnostic support not related to Your Device; (f) modification of Original Equipment Manufacturer (“OEM”) software; (g) hardware and equipment setup and repair; (h) installation of non-sanctioned applications; or (i) assistance with enterprise level software industry specific hardware or equipment.
- FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates
- Commercially Reasonable Efforts & Technical Problems. We will use commercially reasonable efforts to provide You with the Services and Website. This means that if We are unable to resolve the issue related to Your Device after making commercially reasonable efforts, We have the right, at Our sole discretion, to refuse to take any further steps to resolve the issue related to Your Device. Additionally, in some instances, We may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve the issue related to Your Device. Some technical problems that You encounter when using Your Device may be the result of software or hardware errors not yet resolved by the hardware or software vendors, manufacturers or developers, in which case We may not be able to resolve Your specific issue. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.
- AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
