IMPORTANT- READ CAREFULLY: CUSTOMER'S USE OF THIS WEBSITE AND THE SERVICES ARE CONDITIONED UPON CUSTOMER'S COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. CUSTOMER IS ENCOURAGED TO PRINT OR DOWNLOAD THESE TERMS AND CONDITIONS AND SAVE THEM FOR CUSTOMER'S RECORDS.
THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF CODERED TECH SUPPORT'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH CODERED TECH SUPPORT. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE CODERED TECH SUPPORT SERVICE.
Software, Materials, Services and other related information are collectively referred to as "Content."
"YOU" "You" means you individually, any person, including any employer that you are acting on behalf of.
"CODERED TECH SUPPORT" "CodeRed Tech Support" is the service mark of CodeRed Tech
Support. All references to CodeRed Tech Support refer to CodeRed Tech Support. Trademark " CodeRed Tech Support" is used by CodeRed Tech Support‚ under an authorization from CodeRed Tech Support Pvt. Ltd All references to CodeRed Tech Support refer to CodeRed Tech Support. " CodeRed Tech Support's Certified Technician/(s)"
"SUBSCRIPTION BASED PLANS"
" CodeRed Tech Support's Certified Technician means" technicians and specialists certified by CodeRed Tech Support to perform the Services under this Agreement.
"Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by CodeRed Tech Support that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like.
"SERVICES" AND "CODERED TECH SUPPORT PORTAL"
You may order Services by submitting Plan Orders by calling CodeRed Tech Support. Once CodeRed Tech Support accepts the Plan Order submitted by you, then you will receive an email from CodeRed Tech Support at the email address that you provide or have provided to CodeRed Tech Support as part of the Registration Process for the Services. CodeRed Tech Support is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by CodeRed Tech Support of a Plan Order, you will have a Plan.
"MATERIALS" "Materials" means any webcasts, 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 CodeRed Tech Support website and said materials are the proprietary and copyrighted work of CodeRed Tech Support and/or its suppliers. The definition of "Materials" does not include the design or layout of the Coderedtechsupport.com website or any other CodeRed Tech Support owned, operated, licensed or controlled site.
"SOFTWARE" "Software" means a computer program of any kind, whether owned by CodeRed Tech Support 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.
SUBMISSION OF ORDERS OR PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Orders or Plan Orders through the CodeRed Tech Support web site or via telephone with a CodeRed Tech Support sales representative or technician. Once CodeRed Tech Support accepts the Order or Plan Order submitted by you, then you will receive an email from CodeRed Tech Support at the email address that you provide or have provided to CodeRed Tech Support as part of the Registration Process for the Services. CodeRed Tech Support is not responsible for rendering Services in connection with any Order or Plan Order that it has not accepted. Upon acceptance by CodeRed Tech Support of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, CodeRed Tech Support will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, CodeRed Tech Support will attempt problem diagnosis and a solution over the telephone, through a remote assistance session, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to CodeRed Tech Support's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 0800-918544.
Services against any Order or Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Order or Plan Order. CodeRed Tech Support has no obligation to render Services under any Service Plan if the payments as required under any Order or Plan Order have not been made. The applicable fees for the Services You order will be quoted on the telephone and may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.
CREDIT CARD BILLING
Special rates and fees are available for Clients with service contracts
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You authorize the issuer of the credit card to pay any amounts escribed herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize CodeRed Tech Support and/or any other company who bills products or services, or acts as billing agent for CodeRed Tech Support to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide CodeRed Tech Support with updated credit card information upon CodeRed Tech Support’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither CodeRed Tech Support nor any CodeRed Tech Support 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 CodeRed Tech Support’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
MONEY BACK POLICY
CodeRed Tech Support has a one call refund policy. You may request for a refund upon cancelling your subscription within 7 days of purchase of your subscription. Once we receive a request refunds are processed within 7- 10 business days, then it takes another 3-5 days to be credited to your credit card.
CodeRed Tech Support's services are delivered on an integrated delivery platform, which allows us to support your computer(s) remotely. The services we provide may not be successful because the problem you are experiencing may be beyond our ability to resolve remotely or and/or may be due to an irreparable software and/or hardware issue. If for any reason you are not wholly satisfied with the service, we will make commercially reasonable efforts to resolve the issue to you satisfaction.
Refunds are only processed after receiving a request via email from the registered email addressin our records. Please send your email to firstname.lastname@example.org. We do not process requests over chat and phone.
Terms which may void the refund request are:
I. If a licensed version of anti-virus was installed on your system (desktop/laptop) and you are requesting for a refund for charges which you paid for the anti-virus.
II. If you have used technical support services on two or more instances.
III. If you are requesting for a refund from an email address which isn't the registered email address.
IV. If you are requesting for a refund to a credit card which wasn't the same as the one which you used to process payment while placing an order for your subscription.
V. If you have placed a request by any medium besides email.
Below mentioned charges will be applicable for processing all refunds
I. If cancelled within 24 hours of your purchase no cancellation charges would be applicable. If a licensed version of anti-virus was installed on your system (desktop / laptop), a standard fee of anti-virus, 59.99 local currencies, would be deducted.
II. All CodeRed Tech Support services come with a money-back guarantee. For Per Incident (Single Fix Plan), in case our experts cannot resolve your computer problem or our repair doesn't work, contact Code Red Tech Support within 7 days of service delivery so we can try to resolve your computer problem again at no cost to you or if unsuccessful, provide you with
a full refund for the purchase price.
III. Single fix plans are non refundable as it is a nominal charge for a one time service. However
in the next 30 days the same issue reoccurs then we resolve it free of charge
IV. For our recurring subscription plan there is no refund for the one time set up fee but you,
however if you wish to cancel the subscription( monthly recurring payment) ,you may request so by sending an email to email@example.com from your registered email address in our records.
is not confidential or proprietary to you.
PRIVACY AND DATA USE
governs Customer's visit to CodeRed Tech Support's Website and use of the Services.
While requesting support you may request for the problem to be resolved by enabling CodeRed Tech Support technicians to have access to and take control of your computer. CodeRed Tech Support uses software tools which enable you to grant control of your computer to an CodeRed Tech Support technician remotely over the Internet. This allows the CodeRed Tech Support technician to diagnose or correct problems without ever coming to the location of your computer.
CodeRed Tech Support does not use the Remote Access software to access and control your computer without your consent and we request that you remain present when our technicians are doing so.
CodeRed Tech Support technicians are trained in the use of this software and we take steps to limit access to confidential or sensitive information stored on user computer or network, avoid deliberate destruction of information on user computers or networks, and help avoid system problems. CodeRed Tech Support maintains specific internal policy and technical controls to limit how and whether our remote access tools may be used to assist you.
The CodeRed tech support will not save any data or files belonging to you after the remote session has ended. Any files transferred to the CodeRed tech support for the purposes of analysis or fault diagnosis will be erased after the remote session has ended. Each remote access PIN provided by the CodeRed tech support to you will only remain active for one session.
CodeRed tech support shall not be liable under any circumstances for any special, consequential,incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if CodeRed tech support has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Access, Collection and Use of Data (Non-Personal Information)
In the course of providing this service, CodeRed Tech Support may:
- collect statistical usage information about CodeRed Tech Support sessions; and
- collect the following information encrypted in a data log file sent back to CodeRed Tech Support:
Session ID - Random number used to identify each CodeRed Tech Support session
Session Log - A log or recording of all actions from the technician will be captured
Date / Time - Date and time that a session started and ended
Service Pack - Version of Windows service pack installed
Computer Type - Computer make and model
Edition - Version of Operating System installed (XP Pro, XP Home, Vista, OS X etc.)
System Devices - System profile information (Example: Internet Explorer settings,
Hard Drive Free Space, Running Processes)
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION
Though CodeRed Tech Support 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 CodeRed Tech Support's "fair use" policy. Under this policy, if at any time, in CodeRed Tech Support'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 CodeRed Tech Support reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, CodeRed Tech Support reserves the right to suspend or terminate any Subscription Services of any Subscriber that CodeRed Tech Support, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to CodeRed Tech Support; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
CodeRed Tech Support may provide you 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 you to communicate with Codered Tech Support's employees and others as appropriate to your 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.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading CodeRed Tech Support or others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
CodeRed Tech Support has no obligation to monitor the Communication Services. However, CodeRed Tech Support reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CodeRed Tech Support reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
CodeRed Tech Support reserves the right at all times to disclose any information as CodeRed Tech Support deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CodeRed Tech Support" s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
RESPONSIBILITY FOR COMMUNICATIONS
Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer's accounts. Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages CodeRed Tech Support's property or interferes with or disrupts CodeRed Tech Support's system or other users. Although CodeRed Tech Support is not responsible for any such communications, CodeRed Tech Support may suspend any such communications of which CodeRed Tech Support is made aware. Use of conference recording or taping any use of the Services by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that CodeRed Tech Support has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer's compliance with the above and does not control Customer's content nor guarantee the accuracy, integrity, security or quality of Customer's content.
AUTHORIZATION TO ACCESS YOUR COMPUTER
You acknowledge that by your use of the Services you have authorized CodeRed Tech Support to access and control of your computer for the purposes of computer diagnosis, service and repair.
In connection with delivering the services, CodeRed Tech Support may download and use software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant CodeRed Tech Support the right to connect to your computer, download and use software on your computer to gather system data, repair your computer, take remote control of your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree that CodeRed Tech Support has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.
All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to CodeRed Tech Support ("Submissions") shall be considered non-confidential and CodeRed Tech Support's property. By providing such Submissions to CodeRed Tech Support, You agree to assign to CodeRed Tech Support, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. CodeRed Tech Support shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions you provide in connection with the Services may be purged periodically in CodeRed Tech Support´s sole discretion.
You may not create hyperlinks to any portion of the CodeRed Tech Support Portal, nor any Materials or Software posted therein.
ACCEPTABLE USE POLICY (AUP)
cooperate as fully as reasonably required in CodeRed Tech Support's defense of any claim. CodeRed Tech Support reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CodeRed Tech Support. You agree immediately to notify CodeRed Tech Support of any unauthorized use of your account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF CODERED TECH SUPPORT PORTAL
If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the CodeRed Tech Support Portal by current CodeRed Tech Support customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest". As a Guest you may use the CodeRed Tech Support Portal and Materials specifically designated as available to guests on the CodeRed Tech Support Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by CodeRed Tech Support, (b) registering with CodeRed Tech Support and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
LIMITED LICENSES TO USE THE CODEREDTECH SUPPORT WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the CodeRed Tech Support website, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the CodeRed Tech Support website, Services, Materials or Software, other than as explicitly permitted by CodeRed Tech Support is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to CodeRed Tech Support and its suppliers.
In connection with obtaining Services, you agree that you will:
Cooperate with the CodeRed Tech Support Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and our technician. Please listen carefully to our technician and follow the technician's instructions. You must confirm that the following conditions are true:
1. The situation giving rise to the question is reproducible on a single system, i.e., one
central processing unit with its workstations and other peripherals;
2. You must have knowledge regarding the hardware system, any software involved, and in
the facts and circumstances surrounding the incident;
3. The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with CodeRed Tech Support personnel.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CODERED TECH SUPPORT OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES. CODERED TECH SUPPORT DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.
CodeRed Tech Support does not take any responsibility for any data that could be on any hard drives, memory drives, peripherals or any other device. CodeRed Tech Support will attempt to back up or recover existing data, but cannot be held responsible for any loss of data, whether it be by accident or intended. If necessary, CodeRed Tech Support may delete some or all files (data and software programs) in order to make the computer functional again.
CodeRed Tech Support strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account, Password, and Security
For you to submit a Order or Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You may also be asked to choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify CodeRed Tech Support immediately of any unauthorized use of your account or any other breach of security. CodeRed Tech Support will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CodeRed Tech Support or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You must notify CodeRed Tech Support immediately upon learning of any unauthorized disclosure or use of Your password or other account information.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of CodeRed Tech Support'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 CodeRed Tech Support's ability to schedule a support session. You hereby release CodeRed Tech Support from any and all liability, and agree that Advanced Tech Support shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. CodeRed Tech Support 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.
The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE CODERED TECH SUPPORT PORTAL, OR THROUGH A SERVICE
Any item or activity not covered by the terms of a Order or Plan Order;
Service beyond the duration limitations identified in your Order or Plan Order;
Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products
which are out of scope for the Service Plan;
Problems that may and do result from:
1. External causes such as accident, abuse, misuse, or problems with electrical power;
2. Usage that is not in accordance with product instructions provided by manufacture;
3. Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
4. Problems caused by using accessories, parts, or components not compatible with the product: or
5. Non-Compliance with the Advanced Tech Support engineer instructions for resolving the query.
For your convenience, CodeRed Tech Support may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. 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 CodeRed Tech Support Web site may be copied or retransmitted unless expressly permitted by CodeRed Tech Support. 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) - GENERAL
In connection with our Service, we may provide to you certain software, which is owned by CodeRed Tech Support or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You 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.
The Software may be accompanied by a EULA from CodeRed Tech Support or a third party.Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR CODERED TECH SUPPORT SOFTWARE
With regard to any Software made available to you by CodeRed Tech Support through the CodeRed Tech Support website for which your acceptance of a separate license agreement is not required ("Advanced Tech Support Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by CodeRed Tech Support to use the CodeRed Tech Support Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the CodeRed Tech Support Software. You agree that the CodeRed Tech Support Software is the confidential and proprietary information of CodeRed Tech Support or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the CodeRed Tech Support Software, or otherwise reduce the CodeRed Tech Support Software 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 CodeRed Tech Support Software to any third party. You 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. You are not granted any title or rights of ownership in the CodeRed Tech Support Software. You acknowledge that this license is not a sale of intellectual property and that CodeRed Tech Support or its 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 CodeRed Tech Support Software and related documentation, as well as any corrections, updates and upgrades. The CodeRed Tech Support Software may be used in the United States only, and any export of the CodeRed Tech Support Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, CodeRed Tech Support may suggest that you acquire, install and usecertain third party software ("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 or not CodeRed Tech Support directly assists you in the acquisition, installation, and/or use of Third Party Software. CodeRed Tech Support has no 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 CodeRed Tech Support Software shall remain in full force and effect unless and until terminated by CodeRed Tech Support, 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 CodeRed Tech Support Software and immediately delete the CodeRed Tech Support 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 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.
THIRD PARTY AGREEMENTS
As part of the Services, CodeRed Tech Support 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, portal, training, music, gaming and storage services that CodeRed Tech Support may elect to make available from time to time. Violation of such third party provider's terms of service may, in CodeRed Tech Support's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
CODERED TECH SUPPORT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW CODERED TECH SUPPORT TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
CODERED TECH SUPPORT SERVICE PLANS COME WITH A 7- DAY, 30- DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.
CODERED TECH SUPPORT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. CODERED TECH SUPPORT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CODERED TECH SUPPORT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL CODERED TECH SUPPORT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, in no event shall CodeRed Tech Support be liable to you in excess of the amounts actually paid by you to CodeRed Tech Support under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
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.
TERM AND TERMINATION
CodeRed Tech Support at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of CodeRed Tech Support:
1. (a) you 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;
2. (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or
causes a malfunction to the Service, CodeRed Tech Support's network, or the use and enjoyment of CodeRed Tech Support's other users;
3. (c) CodeRed Tech Support receives an order from a court to terminate the Service you are using ;
4. (d) if CodeRed Tech Support for any reason ceases to offer the Service;
5. (e) if you are no longer a CodeRed Tech Support customer, or
6. (f) CodeRed Tech Support determines that you are abusing the Service.
CodeRed Tech Support, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your 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. CodeRed Tech Support'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 CodeRed Tech Support service is available internationally and may contain references to CodeRed Tech Support products, services, and programs that are not available in a viewer's country. These references do not imply that CodeRed Tech Support intends to make such products, services, or programs available in such country.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of New Jersey without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in New Jersey and shall be conducted in English.
CUSTOMER'S REPRESENTATIONS AND WARRANTIES
YOU ARE IN NEED OF THE SERVICES REQUESTED AND YOU ARE NOT A COMPETITOR OF CODERED TECH SUPPORT POSING AS A CUSTOMER FOR THE PURPOSE OF OBSERVING CODERED TECH SUPPORT'S PROPRIETARY SERVICES; YOU ARE THE OWNER OF AND RESPONSIBLE FOR THE COMPUTER AT ISSUE AND YOU HAVE THE AUTHORITY TO REQUEST CODERED TECH SUPPORT SERVICES; YOU WILL NOT ATTEMPT TO UPLOAD MALWARE OR MALICIOUS CODE TO CODERED TECH SUPPORT'S SYSTEM OR COMPUTERS; AND YOU HAVE NOT ACCESSED AND THERE IS NO CHILD PORNOGRAPHY STORED ON THIS COMPUTER, AND YOU UNDERSTAND THAT IF THIS REPRESENTATION IS FALSE, YOU HAVE NO EXPECTATION OF PRIVACY REGARDING SUCH ILLEGAL ACTIVITIES OR MATERIALS.