We may be reached for Services via telephone, the Sites, or other means made available by eTech. We will make reasonable efforts to diagnose and answer your computer related questions and resolve your computer problem for a fee as set forth in the fee schedule on the Site or as quoted on the telephone, as applicable. We may provide certain portions of the Services via remote control session, online chat or e-mail. eTech may set limits to the type of equipment and software it supports. eTech Services are available on a one-time basis, for a fee (“Per Instance”); as well as subscription Services, which entitle you to more than one Service over a period of time, for a recurring fee (“Subscription Service”).
Authorization to Purchase Services
Authorization to Access Your Computer
You acknowledge that by purchasing the Services you are authorizing us to access and take remote control of your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the Services, we may download and use software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant us the right to connect to your computer, download and use software on your computer to gather system data, repair your computer, take remote control of your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree that eTech has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services. We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving our service and training of our personnel. You hereby grant permission to eTech to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request.
We do not provide for any data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (“Customer Data”) and any software stored on your computer before ordering the services. You acknowledge and agree that eTech or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of Customer Data, software or hardware that may arise out of the services. We do not provide backup copies or support installation of unlicensed software to customers. You should ensure that you have a licensed copy of all required and necessary software.
We may not be successful in resolving certain technology problems remotely. In case of a per instance purchase and provided you have complied with all of your obligations, if we are not able to answer your questions and/or resolve the computer problem to your satisfaction, we will not charge you for the service. If you experience any problem with the resolution provided by us within five days from the date of initial service, we will make reasonable efforts to resolve the problem at no additional charge. If we are unsuccessful to resolve the problem, we will refund the fee you paid for per instance Service. There are no other warranties for the Services.
Disclaimer of warranties
You understand and agree that except as expressly set forth above, the services (including, without limitation, all advice, content, and software) are provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranties concerning the availability, accuracy, completeness, usefulness of the services, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. eTech does not warrant that the services will be timely, secure, uninterrupted, error free, or successful in resolving your question or computer problem. eTech makes no warranty that the services will meet your expectations or requirements. No advice, results, content or materials whether oral or written, obtained by you from the services shall create any warranty. Any content or software that you access, download or use with the services is done at your own discretion and risk and you agree that you will be solely responsible for any damage that results from such activities. Some jurisdictions do not allow the exclusion of certain warranties so the above limitations may not apply to you.
Use of Software and Tools
eTech may need to download and/or run software on Your computer to help diagnose and resolve Your technology problem. eTech uses several types of software: the first type provides computer system information to eTech which helps us diagnose and resolve Your technology problem, the second type allows eTech to remotely control Your computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and help resolve Your technology problem. You acknowledge and agree that use of all eTech software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party websites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software. You may use the eTech software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to Your computer during the Services after we have completed or terminated the Services.
You must cooperate with eTech and promptly respond to our requests for information and comply with our requests to take actions to resolve Your technology and computer problem. You must consent to the downloading and use of Software on your computer and accept all applicable license agreements for the Software.
Registration, Passwords and Security
In order to use certain Services, we may require that you register. During the registration process, you may be asked to designate, or we may designate for you, a user name and password. You are responsible for maintaining the confidentiality of any password or account information you receive from eTech, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify eTech immediately upon learning of any unauthorized disclosure or use of your password or other account information. eTech has no liability for any unauthorized use of the Services under your account or on your computer.
Fees and Payment
The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes. For Subscription Services, the applicable fees may be quoted on the telephone and/or may be available on the Site. A one-time set up fee applies to all Subscription Services. You may cancel any Subscription Service within five (5) days following your purchase of the Subscription Service, by contacting eTech, otherwise, the fees for the Subscription Service are not refundable. By authorizing us to charge your credit card for your Subscription Service, you further authorize eTech to continue to charge your credit card (or a replacement card, if the credit-issuing entity informs eTech that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact eTech if you do not wish to renew your Subscription Service; if you do not contact eTech, the Subscription Service that you selected will automatically renew for the same subscription duration that you initially selected, at eTech then-applicable fees.
The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to obtain Subscription Services, you must at all times have current and functional antivirus software in place and running on your computer. Failure to maintain such software may result in additional charges and fees. In order to purchase Subscription Services, your covered computer(s) must be virus free (as determined by us) at the time that You purchase the Subscription Service. If we determine that your computer is infected by a virus, we may require that you purchase a Service to clean Your computer prior to obtaining Subscription Services. eTech reserves the right to terminate your Subscription Service, upon notice, if eTech determines, in its sole business judgment, that your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than you, (d) for any computer system other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that your Subscription Service is terminated, eTech will refund to you a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the type of subscription you purchased. Please
Modifications to the Services
We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.
All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to eTech (“Submissions”) shall be considered non-confidential and eTech property. By providing such Submissions to eTech, you agree to assign to eTech, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. eTech shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by you, you acknowledge and agree that eTech may retain some of your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.
eTech247.com, all eTech product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of eTech. Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any eTech marks without the written consent of eTech. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (a) an endorsement by such company of eTech and its products, or (b) an endorsement of the company or its products by eTech.
eTech reserves the right to terminate providing the services for any reason at any time and instead, as your sole and exclusive remedy, refund the fees paid for the applicable services for the time period, if any, after termination of the services. if you breach the terms no refund will be provided. Other than providing a refund when we terminate for our convenience, eTech will not be liable to you or any third-party for termination of the services for any reason. You acknowledge and agree that upon termination eTech may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the services.
You agree to defend, indemnify and hold eTech, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from or related to your use of the services or your violation of the terms.
Limitation of liability
In no event shall eTech or referral partners or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort (including negligence), misrepresentation, strict liability or any other liability, arising from directly or indirectly related to the use of, or the inability to use, the services, software, content or your personal computer and other technology including, without limitation, lost sales, lost revenue, lost profits or other loss of business, loss of or damage to data, or cost of substitute services even if eTech has been advised of the possibility of such damages. In no event shall the total liability of eTech and referral partners to you in the aggregate for any and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the services, software or content exceed the greater of the amount paid for the services at issue or $100.00.
By visiting eTech website you agree that the laws of the state of Kansas in the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and eTech or its associates or affiliated partners.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.