Terms of Service
TERMS OF SERVICE
All information contained on the PosiTek.net® website including images, articles, advice & guidance, “Q&A” and other information; Software; Materials and Equipment; Services and other related information and products are collectively referred to as “Content.”
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf of, or any employee who is acting on your behalf. “Your” refers to the ownership by you-individually-of any device, software, or other material. Company-owned devices, software and other materials are not included in this definition unless these terms are being used to describe the company, of which you are acting as a duly authorized representative.
“POSITEK.NET®” or “Us”
Service Marks “PosiTek.net®”, “Practical Help™”, “Practical Help for Your Digital Life®”, “Digital Minute®”, “Digital Egg Time®r”, “Practical Help 2.0™” and “Practical Help 3.0™” are used by PosiTek.net LLC‚ a Delaware Limited Liability Company. All references to PosiTek or PosiTek.net “Practical Help for Your Digital Life” “Practical Help” or “Us” refer to PosiTek.net LLC.
“PosiTek Expert/(s)” or “Your Tech Coach(es)”
PosiTek (or Our) Expert(s) or Your Tech Coach (es) means technicians and specialists certified by PosiTek.net LLC to perform or provide Services under this Agreement for any Plan Order.
“Plan Order(s)” or “Plans”
Fulfillment includes delivery of purchased items, delivery of email confirmations of purchase, setting up of user accounts, delivery of software, activation or suspension of a subscription, activation of a gift certificate or discount code, or direct communication with You by Us using any communications means or medium.
In the case of subscription orders, fulfillment begins as soon as you access any of the subscription items. Fulfillment is considered to be complete once you have accessed the subscription item. Please see our Fair Usage Policy below.
In the case of incident-based service orders, fulfillment begins as soon as you communicate with Your Tech Coach in any way to schedule an appointment. Fulfillment is considered complete at the end of your appointment; if you verbally or in writing choose to extend your appointment, fulfillment completes at the end of the extended time.
In the case of retainer-based service orders, fulfillment begins as soon as your first appointment with Your Tech Coach commences, and completes when Your Tech Coach has provided you with the number of hours of service in the Retainer Agreement.
In the case of contract service orders, fulfillment begins as soon as you communicate with Your Tech Coach in any way to schedule your first appointment. Fulfillment is considered complete at the end of your specified term. Each contract service order contains additional provisions that are either provided in the service description or are provided to You before, at, or after you purchase the contract. If, after reviewing these additional terms you determine that you wish to cancel the contract, you may request cancellation and refund following the terms of our Refund Policy below. In the case of contract service orders, you understand that the majority of service fulfillment is complete after the first scheduled maintenance appointment, and that refund of paid fees or charges is limited to 25% of the total.
In the case of gift certificate orders, fulfillment is considered complete upon our transmission of the emailed gift certificate to the recipient you designated in your order. This generally occurs within 24 hours of your order, unless you request delayed delivery in your order. In the latter case, delivery is considered complete on the day you specified in your order.
“Scheduled Services”, “Services”, “PosiTek.net® Portal” and “PosiTek.net® Support Portal”
“Materials” means any advice or guidance, Q&A, web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, imagery, or other works of any kind that are made available for view or download from the PosiTek.net website – and these Materials are the proprietary and copyrighted work of PosiTek.net® and/or its suppliers; and any hardware or other physical items provided in conjunction or connection with the delivery of Services. The definition of “Materials” does not include the design or layout of the PosiTek.net® website or any other PosiTek.net LLC owned, operated, licensed or controlled website, but does include all the information and Content contained within said website(s).
“Software” means a computer program, script or batch file of any kind, whether owned by PosiTek.net 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. Software includes both PosiTek.net Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms” and/or “EULA”).
SUBMISSION OF PLAN ORDERS; SERVICE PLANS; SUBSCRIPTION ORDERS
You may order Subscriptions or Services or Gift Certificates or other products by submitting Plan Orders through the PosiTek.net website, by submitting a Service Request through Support@positek.net, or by calling PosiTek.net®. Once PosiTek.net® accepts the Plan Order submitted by you, you will receive an email from Positek.net® at the email address that you provide or have provided to PosiTek.net® as part of the registration or purchase process for the Plan Order, providing either directly or by reference all the terms and provisions of the Plan Order. PosiTek.net® is not responsible for rendering Subscriptions or Services in connection with any Plan Order that it has not accepted. Upon acceptance by PosiTek.net® of a Plan Order, you will have a Service Plan. You have accepted the Plan Order when you completed the purchase and funds were transferred to Us.
Subject to these Terms and Conditions, and other terms specific to each Service Plan or Plan Order, PosiTek.net® will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, PosiTek.net® will attempt to diagnose the issue and provide a solution through telephone, chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session left without your permission; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. In addition and only with your consent, Your Tech Coach may install a “Calling Card” – software to allow you to quickly re-connect with your Tech Coach. All undertakings under Service Plans are subject to PosiTek.net’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 011-855-767-4835. You agree to pay all Services Fees and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by PosiTek.net® on behalf of PosiTek.net LLC. PosiTek.net® has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
You understand that certain Plan Orders may have a fee including, but not limited to “Service Fee” and/or “Activation Fee” payable on an annual basis (“Annual Payment Plan”), on a quarterly basis (“Quarterly Payment Plan”), on a monthly basis (“Monthly Payment Plan”), or on some other basis as determined by separate contract. Subject to the applicable Term Plan, all payments under the Annual Plan shall be made up-front at time of commencement of the subscription cycle. For payments under the Quarterly or Monthly Payment Plan, apart from quarterly or monthly installments of the Service Fee, payable over a one year payment term, You may be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fees or charges under this clause or a relevant Plan Order, are payable at the time of commencement of the Service Plan. When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one or more months or years (“Term Plan”) and may be ordered with an automatic renewal feature. All terms or Service Fees and/or any other fees payable under any mode of payment for a Subscription or Service or other item shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other PosiTek.net® services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan 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 drop one of the PosiTek.net® services you were required to purchase to receive the special rate as notified to PosiTek.net®; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.
Credit Card Billing
You may be asked to provide one of our payment processors with a credit card number from a card issuer that we accept in order to activate your Service or otherwise complete your Plan Order. You hereby authorize PosiTek.net®, via that payment processor, to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize 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 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 PosiTek.net® and/or any other company who bills products or services, or acts as billing agent for PosiTek.net® 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 PosiTek.net®’s payment processor with updated credit card information upon PosiTek.net’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither PosiTek.net® nor any Positek.net-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 PosiTek.net’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, You must pay an additional $25.00 over and above the cost of any Ordered Service(s).
PosiTek.net® uses 3rd party credit card processing services to ensure security of your credit card and personal information. During the checkout process for your Plan Order, you will be directed to the 3rd party credit card processing service of your choice (from within the service providers that PosiTek.net® has contracted). Upon completion of the payment, you will be redirected back to the PosiTek.net® website to complete any post-purchase procedures, if required. Failure on your part to complete post-purchase procedures relieves PosiTek.net® of the requirement to provide purchased services until such time as you provide the information needed for PosiTek.net® to complete fulfillment of your Plan Order. Post-purchase procedures may include providing PosiTek.net® with your name, email and other contact information, and instructions needed for fulfillment of the Plan Order, such as Gift Certificate recipient information or scheduled appointment selection. PosiTek.net® is under no obligation to contact you to provide the missing information but can simply hold the Plan Order in deferment until such time as you provide the missing information.
You agree and acknowledge that Plan Orders which have been ordered using the “Auto-Renew” option will automatically renew for a similar term as the original Plan Order, unless you notify PosiTek.net® at least 15 days prior to the renewal date of your intention to order a different term, or cancel your Plan Order upon expiration of the current term. You may cancel any auto-renewing Plan Order by sending a request to Support@PosiTek.net within 15 days of the term expiration. If you do not send a cancellation request at least 15 days prior to the renewal date, your auto-renewal may proceed, and your recourse is covered by the Refund policy below.
Your credit card will be charged with the amount of the then-prevailing Plan Order charges as per the payment option that you selected at the time of registering with PosiTek.net®. 30 days prior to the renewal of any Plan Order with a term longer than one month, you will be notified of impending renewal via the email address associated with your account. You will have the opportunity to cancel the auto-renewal by email to Support@PosiTek.net or by calling us at 1-855-767-4835. If you do not cancel the renewal order prior to the expiration of your current plan, the renewal will take place, your credit card will be charged, and your service delivery date will be extended. If you do not take action to cancel the renewal order at least 48 hours before expiration, you expressly agree to pay the renewal fee at the then-prevailing Plan Order rate(s) in effect at the time of renewal.
If you wish to opt out of the Auto Renewal option at any time, please email Support@PosiTek.net or call us at 1-855-767-4835 and speak with one of our customer service representatives at least 15 days prior to your Plan Order end date to discontinue your service or make any other changes to your Plan Order. You must be prepared to verify your identity against the information we have collected about you.
For service based plans, you will be eligible for a specified refund when all of the following criteria are met:
- You met all the prerequisites which were required and communicated to you either in the Plan Order or by Your Tech Coach to fulfill the Plan Order (see fulfillment terms above),
- You did not request or receive, and your equipment did not require any services outside of the scope of the particular Plan Order at any time during the term of your Plan Order,
- You request a refund following the procedures outlined below.
Regardless of any of the above provisions, you agree that we are not obligated to provide any refund unless you follow these procedures to request a refund:
- You must advise us in writing/by email of your wish to receive a refund,
- Your request must include a written statement outlining your entitlement to a refund by referring to the specific terms noted above, and
- You must mail that statement to our business office or send that email to Support@PosiTek.net to arrive at our offices within the time frames noted above.
Special Provision for Retainer Agreement service orders: If you cancel within 3 days of Agreement issuance and acceptance, you may be entitled to a full refund, provided Your Tech Coach has not provided any support to you. Retainer agreements are considered as time expended to the extent that Your Tech Coach has provided service to you, measured in 1/4 hour increments. If you choose to terminate a Retainer Agreement before the full number of hours purchased have been consumed, you may receive a refund of the unused portion of your service contract; however, the time that was consumed will be recalculated and priced at the current standard hourly rate, and if You cancel, a 20% early termination and processing fee. If We terminate your agreement, the terms are the same, less the termination and processing fee. If additional bonus hours were added to your Retainer agreement at the start of or during the course of your Retainer agreement, those hours will NOT be included in the calculation of any unused portion of your service contract.
Special Provision for Virtual Computer Maintenance Contract service orders: If you cancel within 3 days of contract issuance and acceptance, you may be entitled to a full refund. Contract service orders, are considered as significantly fulfilled after the first scheduled appointment has been completed. Your Tech Coach expends the majority of his or her time to initially clean up your computer, install computer security suite protection software, remove malfunctioning software, etc. during the first appointment. As such, if you choose to cancel a contract service order, the following provisions apply:
- If you cancel the Contract more than three days after you accepted it, but before the first appointment, you may be entitled to a refund of the entire fee, less a 10% termination and processing fee.
- If you cancel the contract after the first appointment, but before the second appointment, you may be issued a refund of up to 40% of the annual fee.
- If you cancel the contract after any monthly maintenance service appointment was conducted, your refund level reduces by 10% for each additional appointment that commenced before the termination request was received by us. After the 5th appointment, your contract is considered fully consumed (for the purposes of early termination).
To cancel Agreement or Contract service orders, you must request cancellation in writing with Your Tech Coach, or by sending email to Support@PosiTek.net. The date we receive the correspondence or email will be used to determine what refund, if any, we will process on your behalf. Requests may be mailed to PosiTek.net LLC, 1934 Old Gallows Road, Tysons Corner, VA 22182.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Subscriptions, Content, 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 Us. You expressly agree that your violation of this policy may result in immediate termination of any Plan Orders. You further expressly agree that you are entitled to no refund of any fees or charges you have paid for, whether or not your Plan order was either partially or completely fulfilled.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF PLAN ORDERS:
PosiTek.net® has no pre-set limits on the amount or number of support requests, questions, or other services You may make, within any type of Plan Order during the term of the Plan Order. In the case of incident-based services, Your Tech Coach’s hourly rate will apply for any effort he or she expends on your behalf and you expressly agree to pay all fees or charges tendered as a result of your requests. You expressly agree to remain within our fair usage guidelines as stated below:
- Scope: your service plan order fee is determined based on information provided in your initial dialogue with Your Tech Coach. Any change to the scope of your request will result in a change in the fee.
- A plan order is for one individual only. You agree not to share any content you viewed, copied or printed from the PosiTek.net website or received from Your Tech Coach with any other individual. An exception to this sharing stipulation is that you may share the address/URL of the PosiTek.net® website freely, as well as our email address, telephone number, and the name(s) of PosiTek.net® staff whom you deal with.
- You may share the website/URL of the PosiTek.net Portal via social networking freely, and We have provided clickable links throughout the Portals for your use. You expressly agree to abstain from sharing any specific content that is not publicly viewable and which you obtained through your plan order, including any downloadable documents, software/applications or other digital goods.
- You expressly agree that all of these Fair Usage guidelines are solely subject to the determination of PosiTek.net®, and that Our decision regarding your adherence to the Fair Usage policy is final. You agree that you will make no claim of non-service, nor request any refund of subscription or any other fees paid as a result of Our determination that you have violated the Fair Usage policy.
- Furthermore, We reserve the right to suspend or terminate any plan order (without refund) of any client that PosiTek.net®, in its sole discretion or determination, determines are being used (a) fraudulently, (b) by any person other than one who ordered and paid for the plan order, (c) for or on any computer system other than the system or user specified as part of the scope of the plan order, or (d) through violation of any of the terms in this Terms and Conditions statement, or any Plan Order or agreement. You may terminate the Service at any time for any reason by giving written or electronic notice to PosiTek.net®; provided, however, that You will not be entitled to a refund of any fees prepaid by You for the Service except as provided for in these Terms of Service.
PosiTek.net® 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 PosiTek.net’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. You expressly understand that email communications are inherently unsecure, and delivery is not guaranteed. You agree that you will make no claim for any loss of data or communications connectivity associated with email communications provided by Us.
You agree to use the Communication Services only to communicate with Us, to 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 that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner, except as provided for in Your Plan Order(s).
- 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.
- Harvest or otherwise collect any content from the PosiTek.net® portal, including text, images, hyperlinks, or coding, except by direct viewing on a single computer, tablet or smartphone screen.
- Print more than 10 articles or items of content from the PosiTek.net® Portal that are not publicly available. Printing of more than 10 articles or items of content constitutes harvesting.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading PosiTek.net® 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.
- Re-distribute or share any information in part or in whole that is made available to you only by means of your Subscription Plan.
PosiTek.net® has no obligation to monitor the Communication Services. However, PosiTek.net® reserves the right to review materials posted to the Communication Services and to edit or remove any materials in its sole discretion. PosiTek.net® reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
PosiTek.net® reserves the right at all times to disclose any information as PosiTek.net® 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, at PosiTek.net’ 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.
You may not create hyperlinks to any member-only or protected portion of the PosiTek.net® Portal, nor any Materials or Software posted therein, other than the Home Page or publicly-accessible web pages. You may re-distribute a hyperlink to any PosiTek.net® publicly viewable web pages as you wish. PosiTek.net® may, with your permission, place a “Calling Card” icon on your computer, tablet or smartphone that links back to PosiTek.net® Services or Website. You may not re-distribute this icon or any such software installation to which it is linked, without written permission from PosiTek.net®. PosiTek.net® provides social networking links to various other services and providers, and all of these links are limited to referring back to the PosiTek.net website. You may not alter these links in any way. PosiTek.net® takes no responsibility for the efficacy or proper use of social networking links, nor for any effects or impacts you may experience as a result of using social networking services provided by other parties.
If you are not currently subscribed for a Service or plan order, then you are regarded as a “Guest”. Usage of the PosiTek.net® website by current PosiTek.net® customers outside of the scope of a Service specified under an applicable Plan Order is also treated as “Guest” usage. As a Guest you may use the PosiTek.net Portal and Materials specifically designated as available to guests on the PosiTek.net® Portal for the purposes of (a) gaining personal advice and information, (b) deciding whether to subscribe to Services or plan orders provided by PosiTek.net®, or (c) registering with PosiTek.net®, and submitting Plan Orders. The foregoing license grant is a non-exclusive, revocable license.
As permitted through a Service, you may use Materials and Software posted on the PosiTek.net website, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
Any other use of the PosiTek.net® website, Services, Materials or Software, other than as explicitly permitted by PosiTek.net® is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, or resell are all reserved to PosiTek.net® and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will cooperate with the PosiTek.net® Expert/Your Tech Coach. We will use commercially reasonable efforts to provide support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and Your Tech Coach. Please listen carefully to Your Tech Coach and follow their instructions. You must confirm that the following conditions are true:
- 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;
- You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
- You must have full capability to follow instructions provided in English in writing or orally; and
- The full system, including software and hardware, passwords and access credentials, is available to you and accessible by you without limit during any real-time communications with PosiTek.net® support personnel and/or remote access.
Be Responsible for your own Software/Data Backup: You understand and agree that PosiTek.net® shall under no circumstance be responsible for any lost or corrupted software or data. PosiTek.net® strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Be Responsible for your own Account, Password, and Security on the PosiTek.net website and/or through use of a Service Plan: For you to submit a 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 also will 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 PosiTek.net® immediately of any unauthorized use of your account or any other breach of security via phone or email to Support@PosiTek.net. PosiTek.net® 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 PosiTek.net® or another party due to someone else using your account or password. You may not use anyone else’s account at any time, with or without the permission of the account holder, nor may you allow anyone else to use your account.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of PosiTek.net’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 PosiTek.net’s ability to schedule a support session, provide a Scheduled Service, or provide access to the PosiTek website. You hereby release PosiTek.net® from any and all liability, and agree that PosiTek.net® shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. PosiTek.net® 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.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
- any item or activity not covered by the terms of a Plan Order;
- service beyond the duration limitations identified in your 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:
- External causes such as accident, abuse, misuse, or problems with electrical power;
- Usage that is not in accordance with product instructions provided by manufacture;
- Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
- Problems caused by using accessories, parts, or components not compatible with the product.
- Non Compliance with Your PosiTek.net® Expert/Your Tech Coach instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE POSITEK.NET WEBSITE, OR THROUGH A SERVICE
In connection with our Service, we may provide to you, the use of certain software which is owned by PosiTek.net® 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 PosiTek.net® or a third party. Your use of the Software is governed by the terms of that license agreement and by 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.
With regard to any Software made available to you by PosiTek.net® through the PosiTek.net® website for which your acceptance of a separate license agreement is not required (“PosiTek.net® Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by PosiTek.net® to use the PosiTek.net® Software (and any corrections, updates and upgrades) on one individual system. In accordance with and as required under the Service Plan you shall not make any copies of the PosiTek.net® Software. You agree that the PosiTek.net® Software is the confidential and proprietary information of PosiTek.net® 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 technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the PosiTek.net® Software, or otherwise reduce the PosiTek.net® 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 PosiTek.net® 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 PosiTek.net® Software. You acknowledge that this license is not a sale of intellectual property and that Positek.net® 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 PosiTek.net® Software and related documentation, as well as any corrections, updates and upgrades. The PosiTek.net® Software may be used only in the country of residence at the time of acceptance of these terms for use of the PosiTek.net® Software. Export of the PosiTek.net® Software is strictly prohibited.
As part of the Services, PosiTek.net® may suggest that you acquire, install and use certain third party software or hardware (“Third Party Products”). Each Third Party Product is licensed to you by the respective owner or licensee of the Third Party Product – not by PosiTek.net®. You must agree to the terms and conditions set forth by such owner(s) or licensee(s) before installing or using Third Party Products, whether PosiTek.net® assists you in the acquisition, installation, and/or use of Third Party Product(s). PosiTek.net® has no responsibility or rights to the Third Party Products and does not license Third Party Products to you or make any representation or warranty regarding the Third Party Products.Your license to the PosiTek.net® Software shall remain in full force and effect unless and until terminated by PosiTek.net®, 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 PosiTek.net® Software and immediately delete the PosiTek.net® 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.
THIRD PARTY SERVICES
As part of the Services, We 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 We may elect to make available from time to time. Violation of such third party provider’s terms of service may, in PosiTek.net’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
POSITEK.NET® DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO EITHER (A) ALLOW POSITEK.NET® TO RE-PERFORM THE SERVICES SUBJECT TO DISPUTE, OR (B) RE-DOWNLOAD AND RE-INSTALL THE SOFTWARE.
SOME OF THE POSITEK.NET® SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT.
POSITEK.NET® 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. POSITEK.NET® AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED 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. POSITEK.NET® 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 POSITEK.NET® AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER 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 PosiTek.net® be liable to you in excess of the amounts actually paid by you to PosiTek.net® 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
PosiTek.net® at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of PosiTek.net®: (a) you are in breach of any of these Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Products; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, PosiTek.net’s network, or the use and enjoyment of PosiTek.net’s other users; (c) PosiTek.net® receives an order from a court to terminate the Service you are availing ; (d) if PosiTek.net® for any reason ceases to offer the Service; (e) if you are no longer a PosiTek.net® customer, or (f) PosiTek.net® determines that you are abusing the Service. PosiTek.net®, 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. You expressly agree by using your Service that PosiTek.net® is under no obligation to refund any fees or charges paid by you for Services unless the Services have not begun fulfillment. In such cases, our Refund policy noted above applies.
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. PosiTek.net’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 PosiTek.net® Portal is available internationally and may contain references to PosiTek.net® products, services, and programs that are not available in a viewer’s country. These references do not imply that PosiTek.net® intends to make such products, services, or programs available in such country.
PosiTek.net® reserves the right to amend these Terms and Conditions, and the PosiTek.net® Portal at any time by (a) posting a revised version of the Terms and Conditions on the PosiTek.net® Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to PosiTek.net® in connection with registration and or Service or Plan Orders. You are responsible for regularly reviewing the PosiTek.net® website to be notified of any amendments to the Terms and Conditions.
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 Delaware and the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.