TERMS OF SERVICE
LAST UPDATED: July 10, 2008.
THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF VTECHCARE'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH VTECHCARE. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE VTECHCARE SERVICE.
"AGREEMENT"
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND VTECHCARE (THE "AGREEMENT"). You must agree to the Terms and Conditions in order to be eligible to use the VTECHCARE Portal (defined below), or obtain Services (defined below). If you choose not to submit a Plan Order, then the entire "Agreement" between you and VTECHCARE consists of these Terms and Conditions, Any additional terms mentioned for your plan order and the Privacy Policy.
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
"YOU"
"You" means you individually, any person, including any employer that you are acting on behalf of.
"VTECHCARE"
"VTECHCARE" is the service mark of VTECHCARE LLC. All references to VTECHCARE refer to VTECHCARE LLC.
"SERVICES" AND "VTECHCARE PORTAL"
All references to "Services" refer to any VTECHCARE service plan that you enter into with VTECHCARE through use of the VTECHCARE web portal located at www.VTECHCARE.com (the "VTECHCARE Portal") or by calling the VTECHCARE phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the VTECHCARE Portal, and any use of the VTECHCARE Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services ("Plan Order").
"MATERIALS"
"Materials" means any web casts, 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 VTECHCARE Portal are the proprietary and copyrighted work of VTECHCARE and/or its suppliers. The definition of "Materials" does not include the design or layout of the VTECHCARE.com Web site or any other VTECHCARE owned, operated, licensed or controlled site.
"SOFTWARE"
"Software" means a computer program of any kind, whether owned by VTECHCARE 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
VTECHCARE Software and Third Party Software.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the VTECHCARE Portal or by calling VTECHCARE. Once VTECHCARE accepts the Plan Order submitted by you, then you will receive an email from VTECHCARE at the email address that you provide or have provided to VTECHCARE as part of the Registration Process for the Services. VTECHCARE is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by VTECHCARE of a Plan Order, you will have a Service Plan.
UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each Service Plan, VTECHCARE will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, VTECHCARE will attempt problem diagnosis and a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to VTECHCARE's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-877-664-7146.
PAYMENT
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. VTECHCARE has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
PRIVACY POLICY
The VTECHCARE Privacy Policy which is an integral part of these Terms Of Service is incorporated here by reference. If you have not yet reviewed the VTECHCARE Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to VTECHCARE over the telephone, electronically or otherwise, is not confidential or proprietary to you.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are 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, create derivative works from, transfer, 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
As a condition of your use of the VTECHCARE Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms Of Service. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any VTECHCARE server, or the network(s) connected to any VTECHCARE server, or interferes with any other party's use and enjoyment of any of the VTECHCARE Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any VTECHCARE Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any VTECHCARE server or to any of the VTECHCARE Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any VTECHCARE Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though VTECHCARE has no limits on the amount of telephone or 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 VTECHCARE's "fair use" policy. Under this policy, if at any time, in VTECHCARE'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 Plan for individual use and then VTECHCARE reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, VTECHCARE reserves the right to suspend or terminate any Subscription Services of any Subscriber that VTECHCARE, 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 VTECHCARE; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
LINKING
You may not create hyperlinks to any portion of the VTECHCARE Portal, nor any Materials or Software posted therein.
INDEMNITY
You agree to indemnify, defend, and hold VTECHCARE, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in VTECHCARE's defense of any claim. VTECHCARE 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 VTECHCARE. You agree immediately to notify VTECHCARE of any unauthorized use of your account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF VTECHCARE PORTAL
If you are not currently subscribed for a Service under a valid Plan Order, then you are regarded as a "Guest". Usage of the VTECHCARE Portal by current VTECHCARE 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 VTECHCARE Portal and Materials (defined below) specifically designated as available to guests on the VTECHCARE Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by VTECHCARE, (b) registering with VTECHCARE and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
COMMUNICATIONS SERVICES
VTECHCARE 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 VTECHCARE'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.
LIMITED LICENSES TO USE THE VTECHCARE PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the VTECHCARE Portal, 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 uses of the VTECHCARE Portal, Services, Materials or Software, other than as explicitly permitted by VTECHCARE is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to VTECHCARE and its suppliers. Reverse tecnicianing and recompilation of the Software is strictly prohibited.
USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
- Cooperate with the VTECHCARE 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 the technician. Please listen carefully to the technician and follow the technician's 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;
- The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with VTECHCARE support personnel.
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Software/Data Backup: You understand and agree that VTECHCARE shall under no circumstance be responsible for any lost or corrupted software or data. VTECHCARE strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
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Account, Password, and Security: 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. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify VTECHCARE immediately of any unauthorized use of your account or any other breach of security. VTECHCARE 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 VTECHCARE 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.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of VTECHCARE'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 VTECHCARE's ability to schedule a support session. You hereby release VTECHCARE from any and all liability, and agree that VTECHCARE shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
VTECHCARE 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 the VTECHCARE technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE VTECHCARE PORTAL, OR THROUGH A SERVICE
For your convenience, VTECHCARE 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 VTECHCARE Web site may be copied or retransmitted unless expressly permitted by VTECHCARE.
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) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by VTECHCARE 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 VTECHCARE 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.
EULA FOR VTECHCARE SOFTWARE
With regard to any Software made available to you by VTECHCARE through the VTECHCARE Portal for which your acceptance of a separate license agreement is not required ("VTECHCARE Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by VTECHCARE to use the VTECHCARE 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 VTECHCARE Software. You agree that the VTECHCARE Software is the confidential and proprietary information of VTECHCARE 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 VTECHCARE Software, or otherwise reduce the VTECHCARE 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 VTECHCARE 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 VTECHCARE Software. You acknowledge that this license is not a sale of intellectual property and that VTECHCARE 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 VTECHCARE Software and related documentation, as well as any corrections, updates and upgrades. The VTECHCARE Software may be used in the United States only, and any export of the VTECHCARE Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, VTECHCARE may suggest that you acquire, install and use certain 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 VTECHCARE assists you in the acquisition, installation, and/or use of Third Party Software. VTECHCARE 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 VTECHCARE Software shall remain in full force and effect unless and until terminated by VTECHCARE, 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 VTECHCARE Software and immediately delete the VTECHCARE 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, VTECHCARE 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 VTECHCARE may elect to make available from time to time. Violation of such third party provider's terms of service may, in VTECHCARE's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
VTECHCARE 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 VTECHCARE TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall VTECHCARE be liable to you in excess of the amounts actually paid by you to VTECHCARE 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
VTECHCARE at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of VTECHCARE: (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; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, VTECHCARE's network, or the use and enjoyment of VTECHCARE's other users; (c) VTECHCARE receives an order from a court to terminate the Service you are availing ; (d) if VTECHCARE for any reason ceases to offer the Service; (e) if you are no longer a VTECHCARE customer, or (f) VTECHCARE determines that you are abusing the Service. VTECHCARE, 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.
SEVERABILITY; WAIVER
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. VTECHCARE'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.
NO OFFER
The VTECHCARE Portal is available internationally and may contain references to VTECHCARE products, services, and programs that are not available in a viewer's country. These references do not imply that VTECHCARE intends to make such products, services, or programs available in such country.
MODIFICATION
VTECHCARE reserves the right to amend the Terms and Condition, and the VTECHCARE Portal at any time by (a) posting a revised version of the Terms and Conditions on the VTECHCARE Portal or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to VTECHCARE in connection with registration. You are responsible for regularly reviewing the VTECHCARE website to be notified of any amendments to the Terms and Conditions. Your use of the VTECHCARE Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
LAW; FORUM
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 United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction. |
