This Terms and Conditions is effective as of January 8, 2015.
Your use of this Website, including, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. This Agreement governs and applies to your access to and use of this Website and its related domains on which this document appears, any order you place through this Website and Websites on which the document appears, and, as applicable, your use of other products or services of Effective Support. To the extent of any express inconsistency with any other agreement you may have with Effective Support for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If this Agreement refers or relates to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Website.
For avoidance of doubt, this Agreement applies to:
Software: Your purchase of licenses from Effective Support for Effective Support’s computer software products described below (“Software” and “Software Licenses”), which includes maintenance and technical support for the Software as described more fully in the Terms; Services: Your purchase of Effective Support software, Effective Support’s non-Software technical support services for your computer, including non-Software repair, maintenance, and technical support (together, “the Services”) as described more fully in these Terms; and Websites: Your access to and use of Effective Support’s Websites, including: www.EffectiveSupport.us; (collectively, the “Websites”). Your use of Effective Support’s software is subject to an End User License Agreement, which is described below.
When you purchase Software Licenses and/or Services and when you access the Websites: (a) you represent and warrant to Effective Support that you have the legal capacity to agree to these Terms; (b) you represent and warrant to Effective Support that all information you provide to Effective Support, including information relating to your payment for Software Licenses and/or Services, is correct; (c) you acknowledge and agree to abide by the terms and conditions set forth in these Terms; and (d) you acknowledge and agree that these Terms also apply to all entities with which Effective Support may have contractual relationships in connection with the Software and/or Services. If you do not agree to these Terms, you may not use the Products or Services and you may not access the Websites.
This Website is intended for visitors from the United States. The Website is not intended for any children under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE EFFECTIVE SUPPORT’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Payments for Purchases and Automatic Renewals
If you purchase the Services and your payment is not successfully processed, we will attempt to notify you and your services will be suspended and you will have up to thirty (30) days to contact Effective Support to correct or update your billing information. At the time your service(s) are reinstated, you will be billed for the full period for which you have contracted the Services (in other words, the amount due for the contracted period of time will not be pro-rated) and, in addition, you also may be billed a reinstatement fee. If you do not correct or update your account information during the thirty (30) day period, your Services account will be cancelled. When your billing information has been corrected or updated, your subscription will be effective as of your original date of purchase and you will be billed accordingly.
When you purchase Software Licenses and/or Services, you are entitled to use the Software and Services, as applicable, for the duration of the initial period you purchased, which is set forth in the documents and information relating to your purchase (“the Initial Subscription”). At the end of the Initial Subscription, Effective Support automatically will renew the following software licenses and Services (“Auto-Renew Products/Services”) for successive periods of the same duration as the Initial Subscription. Please read carefully the following important information regarding automatic renewals:
Effective Support automatically will renew Auto-Renew Products/Services using the payment method you authorized at the time of your purchase, at the then current renewal price. For annual subscriptions, Effective Support will notify you by email, sent to the email address you provided in connection with your purchase, prior to the renewal date, of the impending renewal, the renewal deadline and the renewal price. Effective Support automatically will renew Auto-Renew Products/Services for successive renewal periods until it is cancelled. You may cancel automatic renewal service at any time by canceling your subscription on the Website.
Renewal payments are billed on or about the last day of the Initial Subscription and each renewal period thereafter until the applicable subscription is terminated.
Electronic Signatures and Agreements
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service. You agree that if you are ordering Software or Services on behalf of a company, that you have sufficient authority to bind that company to this Agreement.
We reserve the right to refuse or discontinue the supply of the services and products to any user at any time at our sole discretion.
Effective Support offers Software Licenses pursuant to the terms of an End User License Agreement (the “EULA”) between you and Effective Support. Your purchase and use of, and Effective Support’s obligations with respect to, the Software are governed solely by the EULA and these Terms. In the event of any conflict between any provision in these Terms and any provision in the EULA, the provision that is more favorable to Effective Support shall apply. The Software is the copyrighted work of Effective Support and is licensed to you by Effective Support pursuant to the EULA. Effective Support retains full and complete title to the Software and to all intellectual property rights to the Software. As a result, you do not own the Software, and your limited rights to use the Software are set forth in the EULA.
You will be unable to install any Software unless you, or a Effective Support agent acting on your behalf and with your permission, first agree to the terms and conditions of the EULA.
The Operation of the Software
Certain Software scans some or all your computer’s system and data files, memory, registry, and email programs, and monitors programs that are operating, including Internet activity, for: (1) known, malicious, unwanted spyware, adware, malware, virus and other threats to your computer, programs, registry and information (“Threats”); and (2) for potential Threats (“Potential Threats”). Threats are deleted and Effective Support then maintains a file in order to reverse the removal if appropriate. Potential Threats are sent to Effective Support, where they are analyzed and, if appropriate, identified as Threats. The Software downloads to your computer Threat definition information to protect the computer from future infection by the Threats and Potential Threats. The Software will receive this information either directly from Effective Support or by means of other customers’ computers through the Internet, as described below.
Certain Software scans for software and registry entries that have been installed or added to your computer which: (1) may track your information and Internet activity for the purpose of generating advertisements; (2) may transmit information on your computer to other persons; (3) may impair the operation of your computer; or (4) may represent an unwanted communication with you (“Potentially Unwanted Software”). If the Software detects Potentially Unwanted Software, you will be asked whether you want the Potentially Unwanted Software removed and quarantined. However, by removing Potentially Unwanted Software: (1) other software on your computer that you want to operate may cease to operate properly; and (2) other software that you want to retain may be disabled or removed.
You acknowledge that the Software may not be able to detect all Potential Threats, Potentially Unwanted Software, and unnecessary and invalid registry entries on your computer.
Certain Software will send to Effective Support, at your discretion information relating to: (1) Threats, Potential Threats, and Potentially Unwanted Software; and (2) the IP address country location of your computer.
We also may collect (with your authorization) the following information about your computer:
Technical information about the basic configuration and operation of your computer, including operating system version, processor type, disk space, memory space, and number of drivers. Information about Effective Support Software on your computer, including the version and when it was installed and upgraded. Certain events that occur on your computer, including when Effective Support Software is installed, when Effective Support Software receives threat updates, and when errors occur in Effective Support Software. This information is sent to Effective Support with your authorization, and it is stored in an anonymous form that cannot be used to identify you. By way of explanation, Effective Support knows, based on the information, that there is a customer with a certain kind of computer that is performing certain functions. Effective Support does not know the customer’s identity. In the event that it is necessary for Effective Support to learn your identity in order to diagnose certain kinds of problems or to monitor your computer for certain events, you will be asked to authorize Effective Support to collect the additional information. You can make your selection as to whether Effective Support may collect this additional information before the software is installed or by using a control panel included in the software.
We do not sell or otherwise provide any of the above-mentioned information to unaffiliated third parties and use it only to improve our products and offer better service to our customers.
The services and/or software provided by Effective Support seek to diagnose your computer for, among other problems, viruses and spyware. It is possible that the Effective Support Software could misidentify legitimate data on your computer as a threat and, in removing it, could cause serious damage to your computer. In addition, this may include among the results for tracking cookie objects, a cookie used by one or more of our Websites on which you reviewed or downloaded a Effective Support software product. You agree that Effective Support’s liability is limited as set forth in the sections in these Terms entitled “Disclaimers of Warranties” and “Limitation of Liability.”
The services and/or programs are designed to detect as many potential problems as possible. For example, some software is designed to identify, among other problems, erroneous and unnecessary entries in your Windows® registry, invalid data references, and duplicate and junk files. The erroneous and unnecessary registry entries are common on all computers, including new computers. It is possible that software could misidentify legitimate registry entries on your computer as errors and, in removing them, could cause serious damage to your computer. Specifically, the erroneous and unnecessary entries detected likely will include some registry errors which are generated by Windows® operating systems as a result of routine operations including, for example, the downloading and installation of Windows® updates. In most instances, some registry errors will be detected which would appear on a “clean” PC which was never connected to the Internet and which had no programs installed except the Windows® operating system. In most instances, a small number of registry errors may be detected which will reappear after they have been removed even if no additional programs or program updates are installed on the computer. After the registry errors have been removed, the software will not report any registry errors for a period of twenty-four (24) hours.
You acknowledge the following:
Although a very large number of these registry entries may slow the performance of your computer, a modest number does not indicate a performance problem. The re-appearance of registry entries that have been removed and the appearance of new registry entries is possible. Low risk cookies are minor threats and do not indicate that malicious software is operating on your computer. Depending upon the settings on and operation of your computer, additional cookies may appear on your computer after the operation of the Software. There are some viruses and spyware that cannot be removed by the Software and that require the assistance of a Effective Support technical support agent; you therefore acknowledge that the Software may not remove all viruses and spyware and that a Effective Support support subscription may be required to address your computer problem. You agree that Effective Support’s liability is limited as set forth in the sections in these Terms entitled “Disclaimers of Warranties” and “Limitation of Liability.” If you believe that Effective Support’s Software may be misidentifying legitimate data, please contact us by visiting our Website.
Effective Support will use commercially reasonable efforts to assist you, and to repair your computer if required, in return for payments that are described to you telephonically or are set forth on the Websites.
Effective Support does not support the following:
Standalone devices such as console gaming systems and audio/visual equipment; Mobile devices such as telephones and music players, except that Effective Support can assist with connectivity of those devices to your computer; Software that contains proprietary or confidential information, or information as to which access is regulated by law; and Hardware; except that Effective Support can diagnose possible hardware failure. In order to diagnose and resolve technology problems with your computer, Effective Support technicians must access your computer. Requesting technical support from our technicians constitutes your agreement that our technicians may provide the following Services:
Connect to, temporarily remotely control your computer, and temporarily modify your computer settings for purposes of providing assistance and repair if required; Download certain diagnostic and repair software to your computer and use the software; Gather, transfer to servers, examine and analyze information on your computer; Repair your computer problems if required; and Provide advice on the use of your computer.
We use software that: (a) provides non-personal computer system information, including information about your computer’s performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer’s settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer’s performance.
We use the software and the information it provides solely to attempt to diagnose and resolve existing and potential problems, and we use reasonable efforts to limit the software’s access to personal information on your computer. However, you agree that, while providing Services, we may gain access to personal information on your computer, and you agree that Effective Support has no liability for doing so.
Requesting Services also constitutes your agreement that:
Effective Support agents do not back up or restore data during the diagnosis or remediation process, and that, in accordance with the Section below entitled “Limitations of Liability,” Effective Support has no liability for any loss of or damage to information on your computer in connection with providing Services; Effective Support’s warranties and liability in connection with providing Services are strictly limited as set forth in these Terms in the Sections entitled “Disclaimers of Warranties” and “Limitation of Liability”; Effective Support reserves the right in its sole and absolute discretion, at any time, and without notice to you, to disclose to third parties, including law enforcement authorities, any information on your computer that Effective Support deems appropriate to: (a) comply with any applicable law or regulation, legal process, or governmental request; or (b) prevent possible harm or injury to any person or damage to any property.
You understand and agree that Effective Support’s Services may not be successful because the problems you are experiencing may be beyond Effective Support’s ability to address remotely. With respect to Effective Support services, you also acknowledge and agree to the following. In order to use Effective Support services, you must have up-to-date and operational antivirus software installed on your device, and Effective Support, in its sole and absolute discretion, must determine that your device is virus-free.
We make reasonable efforts to address your computer problems in a timely manner, but there may be delays. You acknowledge and agree that delays may result from: (1) high levels of demands and our technicians’ abilities to make return calls to you; (2) the need to “escalate” your computer problem to one or more technicians with additional expertise; and (3) our inability to reach you by telephone.
You acknowledge and agree that, because of circumstances that are not within Effective Support’s control, there may be lengthy delays in Effective Support’s ability to provide Effective Support services or Effective Support services may not be available to you at all. The circumstances include, but are not limited to, the following: the performance of maintenance on Effective Support’s systems; Internet service disruptions; vandalism; sabotage; the outbreak of a new computer virus; strikes; riots; wars; other military actions; civil disorders or unrest; acts of terrorism; fires; floods, earthquakes; acts of third parties; and acts of God. You acknowledge and agree that Effective Support has no liability to you or to any third party for any direct or indirect, special or consequential damages resulting from such delays or the unavailability of Effective Support services.
You also acknowledge and agree that Effective Support has no obligation to provide Effective Support services in connection with any of the following: devices that have been altered, damaged or modified; devices with configurations that are beyond our control; software that is incompatible with your computer; problems resulting from external causes including accidents, abuse, misuse or problems with electrical power; problems resulting from usage that is not in accordance with the manufacturer’s instructions; problems resulting from failure to perform maintenance suggested by the manufacturer; problems resulting from the use of accessories, parts or components that are not compatible with the device; and problems resulting from negligence or malfunction beyond the reasonable control of Effective Support.
Effective Support reserves the right to “bundle” or sell Effective Support with other products and services. The additional products and services may be available for purchase only with Effective Support and only for a limited time. Free Software licenses are valid only for the duration of the Effective Support subscription with which they were bundled and will terminate upon the termination of the Effective Support subscription.
Compliance with Intellectual Property Laws
Your use of our Software and Services constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit or otherwise distribute any information in any format (“Content”) in violation of any person’s or entity’s copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person’s or entity’s intellectual property rights caused by any Content that you use or transmit by means of our Software, Services, networks, systems or servers, or that is used or transmitted by another person by means of our networks, systems or servers using the Software or Services you have licensed or purchased from Effective Support. You acknowledge that Effective Support’s policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property laws.
You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that: (1) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (3) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. Effective Support reserves the rights to: (1) terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; (2) terminate your Software license and your subscription for Services; and (3) delete any such Content from Effective Support’s servers. You acknowledge that Effective Support’s policy generally is to cooperate in connection with investigations and litigation involving claims that uploading, downloading, displaying, performing, transmitting or other distribution of any Content violates applicable law.
Your use of our Software or Services constitutes your agreement that you will not attempt to: (1) breach or circumvent any security feature of the Software or Services or our networks, systems and servers; (2) breach or circumvent any authentication feature of the Software or Services or our networks, systems and servers; (3) access any information or data that is not intended for your use; (4) access any server or other account that you are not authorized to access; (5) attempt to probe, scan, examine, or test the vulnerability of any Software or Services; (6) interfere or attempt to interfere with any of our Software or Services or our networks, systems or servers, including, but not limited to, by means of viruses or other malware, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (7) use our Software or Services or our networks, systems and servers to send unsolicited electronic communications including, but not limited to, promotions or advertisements for goods or services; (8) forge any TCP/IP packet header or any part of the packet header in any electronic communication using our Software or Services or our networks, systems or servers; (9) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Effective Support in the Software or in connection with providing Services; (10) use the Software or Services for commercial purposes; (11) use the Software or Service for any unlawful purpose, or (12) re-sell or transfer or attempt to re-sell or transfer the Software or your rights to Services. You acknowledge that Effective Support reserves all of its rights in connection preventing and seeking legal remedies for prohibited uses.
By accessing and using the Websites, you acknowledge and agree that the Websites contain information, software, photos, video, text, graphics, music, sounds, and other data including, but not limited to, developer tools, download areas, community forums, chat rooms, blogs, sharing sites and product and service information (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. All Content is copyrighted as a collective work under the U.S. copyright laws, and Effective Support owns a copyright in the selection, coordination, arrangement and enhancement of the Content. Effective Support’s partners also may have additional proprietary rights in the Content that they make available through the Websites. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit the Content, in whole or in part. Modification of the Content or use of the Content for any other purpose, including use of the Content on any other Website or networked computer environment, is strictly prohibited.
Use of the Websites
Effective Support grants you a non-exclusive, non-transferable, limited right to use the Websites and the Content for your personal use only, provided that you comply fully with these Terms. By using the Websites, you agree not to interfere or attempt to interfere with the operation of the Websites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by these Terms. You also agree not to provide any links, on any other websites, to the Websites, including the Websites’ portals, content and software. Your use of the Websites is governed by all applicable federal, state and local laws. All Content is subject to U.S. export control laws and also may be subject to the laws of the country where you reside. Effective Support makes no representation that the Content is appropriate or available for use in countries other than the United States, and access to the Websites from countries where the Content is illegal is prohibited. Those who choose to access the Websites from other countries do so on their own initiative and at their own risk, and are responsible for complying with applicable local laws. Information published on Websites may refer to products, programs, or services that are not available in your country.
Modifications to the Websites
You agree that Effective Support, in its sole discretion, may make, and at any time, modify, suspend, or discontinue the Websites, or any part thereof, temporarily or permanently, at any time without notice to you, and you agree that Effective Support will not be liable for the consequences of doing so.
Links to Other Websites
Certain portions of the Websites (e.g., customer support, contest submissions, polling questions, and registrations) may permit users to submit opinions, evaluations, suggestions, ideas, and other information (collectively, “User Submissions”). By submitting a User Submission, you grant to Effective Support an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide, license (sub-licensable through multiple tiers) to: (1) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (2) use and permit others to use your User Submission in any manner and for any purpose, including, without limitation, commercial purposes, that Effective Support deems appropriate in its sole discretion (including, without limitation, the incorporation of your User Submission, in whole or in part, into any technology, product, or service.)
Effective Support reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes.
Effective Support reserves the right in its sole and absolute discretion, at any time, and without notice to you to disclose to third parties, including law enforcement authorities, any information included in User Submissions that Effective Support deems appropriate to: (1) comply with any applicable law or regulation, legal process, or governmental request; or (2) prevent possible harm or injury to any person or damage to any property. Effective Support also reserves the right in its sole discretion and at any time to edit, refuse to post or to remove any User Submission or any part of any User Submission.
In order to avoid irreparable injury to Effective Support, in the event of any breach or threatened breach by you of the provisions of this Agreement, shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Effective Support from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES BY EFFECTIVE SUPPORT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, SERVICES AND WEBSITES ARE PROVIDED “AS IS” AND YOU USE THEM AT YOUR SOLE RISK. EFFECTIVE SUPPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, EFFECTIVE SUPPORT MAKES NO WARRANTY THAT: (1) THE SOFTWARE, SERVICES AND WEBSITES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (2) THEY WILL BE ERROR-FREE; (3) THE OPERATION OF THE SOFTWARE, SERVICES AND WEB SITES WILL BE SECURE OR UNINTERRUPTED; OR (4) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE, SERVICES AND WEBSITES WILL BE ACCURATE OR RELIABLE. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFFECTIVE SUPPORT’S PROVIDING YOU WITH ADVICE, CONSULTATIONS, INFORMATION, SOFTWARE OR SERVICES CREATES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
YOUR USE OF THE SOFTWARE, SERVICES AND WEBSITES IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE SOFTWARE, SERVICES AND WEBSITES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFFECTIVE SUPPORT, ITS SUPPLIERS AND BUSINESS AFFILIATES IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR TECHNICAL SUPPORT AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE EULA, OR YOUR USE OF, OR YOUR INABILITY TO USE, THE SOFTWARE, SERVICES AND WEBSITES. THE TOTAL, CUMULATIVE LIABILITY OF EFFECTIVE SUPPORT AND ITS SUPPLIERS AND BUSINESS AFFILIATES TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIAIBLITY, OR OTHERWISE, IN NO EVENT WILL EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR THE SOFTWARE AND TECHNICAL SUPPORT OR ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS ON LIABILITY APPLY WHETHER OR NOT EFFECTIVE SUPPORT OR ITS SUPPLIERS OR BUSINESS AFFILIATES HAVE BEEN ADVISED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES.
Limitations of Actions Brought Against Effective Support
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Effective Support reserves the right in its sole discretion, for any reason and at any time, and without prior notice to you, to terminate your Software Licenses and/or access to Services and the Websites.
You acknowledge and agree that Effective Support, in its sole and absolute discretion, may suspend for a reasonable time your rights under your Effective Support subscription or terminate your Effective Support subscription at any time without prior notice to you. If we terminate your subscription, we may, at our sole discretion, refund a pro rata portion of your subscription purchase price. You agree that Effective Support will not be liable to you or to any third party for the consequences of any termination of your use or access to the Websites, Software Licenses and/or Services. In the event of any such termination, you agree that the provisions of the Agreement regarding Compliance with Intellectual Property Laws, Inappropriate Content, Prohibited Uses, Indemnification, Disclaimer of Warranties, Limitation of Liability, Limitations of Actions Brought Against Effective Support, and Applicable Law; Dispute Resolution shall survive any such termination.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EFFECTIVE SUPPORT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, PARENTS, AFFILIATES AND AGENTS FROM LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DEMANDS, DISPUTES, CAUSES OF ACTION, LOSSES, DAMAGES AND COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF LITIGATION, RESULTING FROM OR IN ANY WAY CONNECTION WITH: (1) YOUR PURCHASE OF SOFTWARE OR SERVICES; (2) YOUR USE OF THE WEBSITES; (3) YOUR FAILURE TO COMPLY WITH THESE TERMS; AND (4) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. YOU AGREE TO NOTIFY EFFECTIVE SUPPORT IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Applicable Law; Dispute Resolution
Effective Support’s Software and Services are subject to United States export controls. Products and services may not be provided or exported or re-exported to: (1) nationals or residents of Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country as to which the U.S. has embargoed goods; or (2) any person included in the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing licenses, products or services, or by using the Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement and the resolution of any dispute related to this Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879 .Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute.
Said dispute shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of Broward, Florida. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of Broward. The terms of this section survive any termination of the Agreement.
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Refunds For Software
Within thirty (30) days of purchase, if for any reason you are not completely satisfied with your Software, simply contact us via our Website to arrange your refund. We will process your credit within ten (10) days. For credit and debit card refunds, your bank may take up to two billing cycles to post the credit to your account. If you have any questions, please contact us via our Website.
Refunds For Services
Yearly Subscription and Start Up Fee for Monthly Subscriptions: You may request a refund within ten (10) days of the original purchase date of a yearly subscription or a monthly subscription. However, if during that ten (10) day period, Effective Support either attempted to or did address the problems you were experiencing, you agree that Effective Support may retain a portion of the purchase price, to be determined by Effective Support in its sole and absolute discretion, which retained portion will represent the reasonable value of the services we provided, as determined by Effective Support in its sole and absolute discretion. Beginning ten (10) days after the date of purchase of a yearly subscription or monthly subscription, the yearly or monthly subscription fee is not refundable.
Month to Month Subscriptions (Recurring Monthly Fee): Monthly subscription fees are not refundable under any circumstances. You may cancel future monthly subscription fees at any time before the next applicable monthly payment is due.
In order to qualify for a Effective Support refund (when applicable):
You must have allowed Effective Support access to your computer as requested to perform diagnostics and problem mitigation. Our process is to escalate difficult cases through our technician expertise levels, which may mean that you will need to have several diagnostic sessions to solve your computer problem;
You must have followed recommendations prescribed by Effective Support personnel, or allowed Effective Support personnel to perform required operations, including installation of appropriate software and required updates, adjusting of settings, the deletion of suspicious files; and You must have requested the refund within the timeframes noted above.
Copyright Policy and Copyright Agent
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Copyright Agent named below. Effective Support will investigate claims of copyright infringement and will remove content that appears to infringe the copyright or other intellectual property rights of others and/or suspend or terminate the rights of any licensee or subscriber who is determined to have infringed the copyrights of any other person or entity. If you have knowledge or evidence or in good faith believe that your or another person’s or entity’s copyrights are being violated, and you want Effective Support to delete, edit or disable the infringing information, you must provide us with the following information:
Your name, address, telephone number, and email address; An identification of the copyrighted work that you claim has been infringed; The exact URL or a description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please direct inquiries regarding intellectual property infringement issues via our Website.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that Effective Support reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
The information communicated on the Website constitutes an electronic communication. When you communicate with Effective Support through the Website or via other forms of electronic media, such as e-mail, you are communicating with Effective Support electronically. You agree that Effective Support may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Effective Support provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Effective Support® is a trademark of Effective Support. All other trademarks and service marks displayed on the Website are the property of Effective Support or their respective owners. You may not use or display any trademarks or service marks owned by Effective Support without Effective Support’s prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Modifications to the Agreement
Effective Support may make changes to this Agreement from time to time in its sole discretion by updating this posting on this Website without notice to you. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of this Agreement has been posted. Certain provisions of the Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into the Terms and to supersede the provision(s) of the Terms that are designated as being superseded. Effective Support may assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party at our discretion. No delay by Effective Support in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect Effective Support’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by Effective Support in writing.