THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Via3'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH Via3. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE Via3 SERVICE.

"AGREEMENT" TO THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED ORDER or PLAN ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE POLICY ("AUP") AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND Via3 (THE "AGREEMENT").

 

You must agree to the Terms and Conditions in order to obtain Services (defined below). If you choose not to submit an Order or Plan Order, then the entire "Agreement" between you and Via3 consists of these Terms and Conditions, and the AUP and the Privacy Policy.

 

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and AUP 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.

 

"Via3" "Via3" is the service mark of Via3. All references to Via3 refer to Via3.

 

"SERVICES" All references to "Services" refer to any Via3 service plan that you enter into with Via3. These Terms and Conditions govern all plans available through the Via3, and any use of the Via3 Services. In the event of any conflict these Terms and Conditions control any Order or Plan Order form that you submit requesting Services ("Plan Order").

 

"MATERIALS" "Materials" means any webcasts, download areas, white papers, press releases, datasheVia3, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Via3 website and said materials are the proprietary and copyrighted work of Via3 and/or its suppliers. The definition of "Materials" does not include the design or layout of the AdvancedTechSupport.com website or any other Via3 owned, operated, licensed or controlled site.

 

"SOFTWARE" "Software" means a computer program of any kind, whether owned by Via3 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.

 

You may order Services by submitting Orders or Plan Orders through the Via3 web site or via telephone with an Via3 sales representative or technician. Once Via3 accepts the Order or Plan Order submitted by you, then you will receive an email from Via3 at the email address that you provide or have provided to Via3 as part of the Registration Process for the Services. Via3 is not responsible for rendering Services in connection with any Order or Plan Order that it has not accepted. Upon acceptance by Via3 of a Plan Order, you will have a Service Plan.

 

Subject to the Terms and Conditions, and the specifics of each Service Plan, Via3 will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Via3 will attempt problem diagnosis and a solution over the telephone, through a remote assistance session, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to Via3's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-800-978-4501.

 

Services against any Order or Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Order or Plan Order. Via3 has no obligation to render Services under any Service Plan if the payments as required under any Order or Plan Order have not been made.

 

Via3's services are delivered on an integrated delivery platform, which allows us to support your computer(s) remotely. The services we provide may not be successful because the problem you are experiencing may be beyond our ability to resolve remotely or and/or may be due to an irreparable software and/or hardware issue. If for any reason you are not wholly satisfied with the service, we will make commercially reasonable efforts to resolve the issue to you satisfaction. If you are still not satisfied with the service, we offer a money back policy as follows: 1) for our subscription-based plan the Money-Back Guarantee is valid for 30 days, beginning at the time of purchase. 2) For our incidental / "One Time Fix" Orders, the Money-Back Guarantee is valid for 30 days, beginning at the time of 1st Incident.

 

The Via3 Privacy Policy, which is an integral part of these Terms and Conditions, is incorporated here by reference. If you have not yet reviewed the Via3 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 Via3 over the telephone, electronically or otherwise, is not confidential or proprietary to you.

 

The Via3 Acceptable Use Policy is an integral part of these Terms and Conditions and is incorporated here by reference. If you have not yet reviewed the Via3 AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the Via3 Services, and/or any Materials will conform to and be governed by the AUP specifically, as well as these Terms and Conditions and the Privacy Policy generally.

 

Via3 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, and/or other message or communication facilities designed to enable you to communicate with Via3's employees and others as appropriate to your Service under an Order or Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Order or Plan Order, and not for any other purpose.

 

As permitted through a Service, you may use Materials and Software (as defined below) posted on the Via3 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 Via3 website, Services, Materials or Software, other than as explicitly permitted by Via3 is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Via3 and its suppliers.

 

 

You hereby acknowledge that circumstances outside of Via3'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 Via3's ability to schedule a support session. You hereby release Via3 from any and all liability, and agree that Via3 shall not be liable to you or any third party for any direct or indirect damages whVia3oever, resulting from such delays. Via3 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.

For your convenience, Via3 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 Via3 Web site may be copied or retransmitted unless expressly permitted by Via3. 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.

In connection with our Service, we may provide to you certain software, which is owned by Via3 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 Via3 or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

With regard to any Software made available to you by Via3 through the Via3 website for which your acceptance of a separate license agreement is not required ("Via3 Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Via3 to use the Via3 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 Via3 Software. You agree that the Via3 Software is the confidential and proprietary information of Via3 or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Via3 Software, or otherwise reduce the Via3 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 Via3 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 Via3 Software. You acknowledge that this license is not a sale of intellectual property and that Via3 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 Via3 Software and related documentation, as well as any corrections, updates and upgrades. The Via3 Software may be used in the United States only, and any export of the Via3 Software is strictly prohibited.

Your license to the Via3 Software shall remain in full force and effect unless and until terminated by Via3, 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 Via3 Software and immediately delete the Via3 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.

As part of the Services, Via3 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 Via3 may elect to make available from time to time. Violation of such third party provider's terms of service may, in Via3's sole discretion, result in the termination of your customer account and use of service.

Via3 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 Via3 TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

Via3 SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.

Via3 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 WHVia3OEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHVia3OEVER. Via3 AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Via3 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 Via3 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHVia3OEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

Notwithstanding anything to the contrary, in no event shall Via3 be liable to you in excess of the amounts actually paid by you to Via3 under the Plan Order that is the subject of the dispute.

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.

Via3 at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Via3:

1. (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;

2. (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Via3's network, or the use and enjoyment of Via3's other users;

3. (c) Via3 receives an order from a court to terminate the Service you are using ;

4. (d) if Via3 for any reason ceases to offer the Service;

5. (e) if you are no longer a Via3 customer, or

6. (f) Via3 determines that you are abusing the Service.

Via3, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Via3'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 Via3 service is available internationally and may contain references to Via3 products, services, and programs that are not available in a viewer's country. These references do not imply that Via3 intends to make such products, services, or programs available in such country.

Via3 reserves the right to amend the Terms and Condition, and the Via3 Portal at any time by (a) posting a revised version of the Terms and Conditions on the Via3 website, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Via3 in connection with registration. You are responsible for regularly reviewing the Via3 website to be notified of any amendments to the Terms and Conditions. Your use of the Via3 Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended 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 Florida without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. on.

Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in Broward County, Florida and shall be conducted in English.

YOU ARE IN NEED OF THE SERVICES REQUESTED AND YOU ARE NOT A COMPETITOR OF Via3 POSING AS A CUSTOMER FOR THE PURPOSE OF OBSERVING Via3'S PROPRIETARY SERVICES; YOU ARE THE OWNER OF AND RESPONSIBLE FOR THE COMPUTER AT ISSUE AND YOU HAVE THE AUTHORITY TO REQUEST Via3 SERVICES; YOU WILL NOT ATTEMPT TO UPLOAD MALWARE OR MALICIOUS CODE TO Via3'S SYSTEM OR COMPUTERS; AND YOU HAVE NOT ACCESSED AND THERE IS NO CHILD PORNOGRAPHY STORED ON THIS COMPUTER, AND YOU UNDERSTAND THAT IF THIS REPRESENTATION IS FALSE, YOU HAVE NO EXPECTATION OF PRIVACY REGARDING SUCH ILLEGAL ACTIVITIES OR MATERIALS.