Important Notice

Using the Services of PC Ask Me ("Service Provider”) constitutes Agreement to the Terms and Conditions described herein. It is important that you return to this Agreement periodically to check for changes to the Terms and Conditions of this Agreement. You (“the Client”) are responsible for reviewing this Agreement to Terms and Conditions and for reviewing changes to this Agreement to Terms and Conditions. Using our service after a change becomes effective constitutes Agreement to the Terms and Conditions as revised.

If You choose not to receive e-mails from us, please be advised that important legal notices regarding this Agreement, our privacy policy and other important matters, will still govern your use of PC Ask Me.

Agreement to Terms and Conditions

You (“the Client”) are entering into a legal agreement with PC Ask Me (“Service Provider”) by using the Service (“the Service”) of PC Ask Me and you expressly accept this Agreement to the Terms and Conditions with full knowledge and awareness of the binding and legal nature of this Agreement. This Agreement sets forth conditions under which You agree to use the Service and under which PC Ask Me agrees to provide the Service to You.

By entering into this Agreement to Terms and Conditions you are legally obligated to supply PC Ask Me with accurate, complete, current and transparent information. You acknowledge, understand and agree that providing false, incorrect or misleading information violates this Agreement, impairs the Service of PC Ask Me and may adversely affect PC Ask Me as an entity. In such situations, PC Ask Me is entitled to seek relief and/or damages under law.

Representation/Legal Capacity

You specifically stipulate that you, the Client, are acting as an authorized representative of an organization, business or entity, in the capacity of an Authorized Signer are empowered to encumber an organization, business or entity and authorized to execute and enter into this type of Agreement to Terms and Conditions. You further stipulate you’re your organization, business or entity, remains solely and exclusively responsible for all usage of your PC Ask Me account, including additional accounts registered in association with a primary account and accept sole legal responsibility for any usage of your PC Ask Me account, by anyone, who secures Service from PC Ask Me with or without your knowledge or permission.

If you enter into this Agreement as ‘another Individual’, ‘employee’, ‘contractor’, or person similarly aligned with an organization, business or entity without the legal capacity of Authorized Signer, it is an act of Fraudulent Misrepresentation and PC Ask Me bares no responsibility for any consequences, damages, (anything at all) to ‘another Individual’, organization, business or entity, whatsoever. Furthermore, PC Ask Me is entitled to seek damages from You for lost opportunity, loss of profit, and any other consequence to PC Ask Me, and PC Ask Me the entity, for which a legal remedy is available.

Alternatively, as an Individual using the services of PC Ask Me for your personal equipment have legal standing to enter into this Agreement to Terms and Conditions (Adult/Guardian/with legal capacity). You further stipulate that You are solely and exclusively responsible for all usage of your PC Ask Me account, including additional accounts registered in association with your primary account. You accept sole legal responsibility for any usage of your PC Ask Me account, by anyone, who secures Service from PC Ask Me with or without your knowledge or permission.

You attest that you are not a citizen of an embargoed country and that You are not prohibited from entering into this Agreement to Terms and Conditions on the basis of applicable U.S. export and/or Anti-Terrorism laws, regulations, or lists or any other similar such legal restriction. You understand and agree that use of the Service of PC Ask Me is subject to US export control laws and regulations and You are legally responsible for compliance with such controls and regulations. You stipulate that you will comply with all applicable laws and regulations, including International law, in connection with the Service offered by PC Ask Me. If You commit an offense in violation of such controls or regulations, in addition to the penalties associated with such an offense, to the extent that such offense impairs the Service of PC Ask Me and/or PC Ask Me the entity, PC Ask Me will seek damages and pursue all available legal remedies to compensate for same.

Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Any information, software licenses received, or insights gained into the means by which PC Ask Me provides the Service cannot be re-sold by the Client. You may not utilize the Service by proxy to generate income from the Service. Similarly, you agree that the Client will not make derivative works of the Service provided by PC Ask Me, decompile, reverse engineer, disassemble the website or engage in similar activities that affect the Service or any components of PC Ask Me and/or PC Ask Me the entity. PC Ask Me reserves the right to attach separate terms and conditions to resale of the Service.

The Client acknowledges that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. You acknowledge that it is your sole responsibility to comply with and abide by those laws and regulations. Further, under U.S. law, the Service provided may not be sold, leased or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including without limitation, activities related to the design, development, production or use of nuclear weapons, materials, or facilities, missiles or the support of missile projects, and chemical or biological weapons. PC Ask Me has not tested the Service for use in high-risk activities including but not limited to any life sustaining, chemical, or mission critical use. PC Ask Me will not have any liability for any damages arising from the use of the products in any high risk activity, including, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, medical systems, life support, or weapons systems.

Privacy Policy

This section is designed to outline information collection and usage by PC Ask Me when you visit our website (“Site”), when we provide the Service over the telephone, when you work with our technical support specialists and as we manage our relationship with you.

This Policy is only applicable to the Site, and not to any other websites

you may be able to access from the Site, each of which may have data collection and use practices & policies

that differ materially from this Policy. Please be mindful that it is the Client’s responsibility to review the privacy policies at any such website to confirm that you understand and agree with their policies.

Information that we may obtain or Request:

• Our servers automatically recognize visitors' domain names and IP addresses (the number assigned to computers on the Internet)
• Personal information that identifies you (e.g. your name, telephone number, and e-mail address
  
• Registration information
  
• Record session information
  
• Your company's name
  
• Authorized signer’s name & Title
  
• Mailing address of the company
  
• A designated company contact
  
• The contact's job title,
  
• The contact's phone number
  
• The contact's e-mail address
  
• Network environment information
  
• Server Operating System that at the contact's location
  
• Number of servers in the company
  
• Number of company's locations
  
• Number of PCs in the company
  
• Current Technology needs/objectives
  
• Immediate Support needs
  
• Project Expertise sought
  
• Ongoing Support needs
  
• Online surveys
  
• Online forms that may involve other contact information
  
• Forward looking Support needs

Information Usage:

• To verify identity
  
• To verify your qualifications or job title, if representing a business
  
• To carry out & follow up on transactions initiated on this Site
  
• Fulfill your orders and service requests
  
• To communicate transaction status to you & product, safety or usage updates
  
• In an effort prevent fraud or prohibited or illegal activities
  
• To enforce our Agreement to Terms & Conditions and other Contracts or Agreements you have entered into with us

Access to & use of Information by Others:

We do not share your information with third parties unless they are vendors, affiliates or partners and bound by contract to handle your information appropriately & in accordance with our standards
Do keep in mind that the policy applies ONLY to our Site and not to any other websites that you may be able to access from the Site (which may include vendors, affiliates or partners separately bound by contract by us) because they may have data collection and use practices and policies that differ materially from our Site. It remains your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies

Use of Anonymous Information in the Aggregate:

• We work with marketing companies to help us better target our services & product communications
• We use information to customize, analyze, and improve our products, services (including our web site), technologies, communications & relationship with you
  The source where you heard about
• Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis
• The Site may also gather anonymous "traffic data" that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer

Other causes for Releasing Information:

We may disclose your personal information in connection with fraud prevention
To comply with legal process served on our Company, a subsidiary or affiliate
To meet our obligation to cooperate with data protection authorities & law enforcement agencies
We may disclose your personal information if PC Ask Me reasonably believes it is necessary to protect our customers or PC Ask Me or the public
Please remember that you have Options:

"Cookies" are a feature of major browser applications that allow us to store a small piece of data on your computer about your visit to our Web site. Cookies help us learn which areas of our site are useful and which areas need improvement. We use cookies and other Internet technologies to manage our web sites and e-mail programs, to offer you personalized experiences and to help us manage our web sites
You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended (e.g. to save your password so you don't have to re-enter it each time you visit our site, or other purposes)

You may instruct us to stop sending certain information (e.g., e-mail messages, catalogues) by following the unsubscribe instructions provided in our communications

In some cases, our privacy policy may be tailored to account for variances in law in a particular country. However, this policy is intended to be global in nature.

The Technology that Supports our Policy

We understand the importance of ensuring that your personal information is secure and protected. We use a variety of security technologies and procedures to guard against unauthorized access, use, &/or disclosure of information gathered while providing the Service. WebTrust certifies that “personal information will be transmitted securely and that confidential information will be kept private”. WebTrust, commending the WebEx network, our business practices, transaction integrity, information and privacy protection, certifies WebEx and the website of PC Ask Me. WebEx encrypts all on-line remote technical support sessions with Secure Socket Layer (SSL) technology, which offers the Client the protection that PC Ask Me utilizes to safeguard your privacy, financial information and personal information (e.g. IP Address). When the Client request the Service and enter into to this Agreement to Terms and Conditions PC Ask Me will respond to your request by inviting the Client into an environment that is safeguarded with state-of-the-art technology. WebEx network security encrypts documents - SSL technology prevents intrusion.

You, by design, must request the Service and admit our technical specialist. SSL protection for The Client means that PC Ask Me can not gain access to your system in the absence of your request, on-line presence and involvement in the process. The Client has the option to allow, decline, halt the advancement of, and/or terminate the on-line remote session. All companies, employees, agents, representatives contractors and third parties that act on behalf of PC Ask Me are contractually obligated to use the customer information that the Client provides to offer the Services that the Client requests, and ‘allows’, and keep all information deserving legal protection confidential or private.

The Internet itself is not a secure network, however, and the best available technology does not & cannot

guarantee that data that the Client transmit or receive over the Internet will not be intercepted or corrupted by sources beyond the control of PC Ask Me.

The Service

When technical support is aligned with your call The Client will interact through our website. Remote on-line technical support provides the Service. You will discuss the technical difficulty that you would like to resolve with the technical support specialist and then connect via our secure 128-bit SSL and AES encryption.

• Minimum system requirements: Windows XP or Windows Vista and a high speed internet connection
• PC Ask Me reserves the right to adjust hours of service at any time without notice
• Prices are subject to change without notice
• Tech support will be charged at the minimum rate of 15 minutes and in 15 minute intervals at the 7 minute mark. Therefore, 22 minutes of support will be charged at the rate of 15 minutes & 23 minutes of support will be charged at the rate of 30 minutes
• Out of hours support is available on request, additional charges will apply
• Purchased minutes will expire one year from the date of purchase
• Response times may vary

When you contact our call center (1-888-PCASKME /1-888-722-7563, or any other connecting number) the Client will be connected to a technical support specialist. The specialist will address the computer, network, printer, email, scanner, digital camera, mp3 or other electronic device problems you may have, including software enhancements, virus detection/removal, anti-virus software, anti-spyware and a host of other technical difficulties that The Client may seek the Service of technical support to resolve.

PC Ask Me may from time to time be unable to provide the Service. Examples that may render service temporarily unavailable include: catastrophic events, electrical power outages, website maintenance, virus anti-virus activity, difficulty with Internet access that is beyond the control of PC Ask Me and other reasonable instances. PC Ask Me may temporarily suspend an account belonging to/associated with the Client if concerns arise regarding the use, or nature of usage, of your account. PC Ask Me reserves the right to refuse service and terminate or refuse a renewal request belonging to/associated with the Client on reasonable grounds.

Some Changes without Notice - PC Ask Me and/or third-party service providers may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you.

Your Obligations regarding Data & potential Loss of Data

It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). PC Ask Me and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by PC Ask Me or your-third-party service provider.

PC Ask Me recommends that the Client establish and/or maintain a separate resource, a means external to your computer (with associated peripherals), for the reconstruction of any data, software or systems of value to The Client before seeking the service.

Your Obligations regarding Licenses

PC Ask Me and/or our third-party service providers are not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to PC Ask Me and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. The Client also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause PC Ask Me to be liable for copyright infringement if those files were copied by PC Ask Me and/or your third-party service provider. The Client understands and agrees that they are bound by license agreements and use restrictions associated with any software and that title to software remains with the applicable licensors.

As part of the Service, PC Ask Me may suggest that the Client license software from third parties, or if appropriate license PC Ask Me proprietary software, and it is your responsibility to comply with all licensing and regulatory requirements associated with the same. You further understand and acknowledge that any software, materials or resources the Client acquires and/or installs (or un-installs) as part of the Service provided by PC Ask Me may not function properly and/or cease to operate at any time. In any event, other than PC Ask Me proprietary software, PC Ask Me does not represent, warrant or guarantee the reliability of any product that you choose to license or use at any time during, after, or prior to the Service.

Fees, Charges and Accounts

• Fees must be prepaid.
• Prices quoted do not include taxes
• Tax will be charged whenever applicable
• Support is available 6 a.m. to 9 p.m. Pacific Standard Time (PST) at standard rates
• Unresolved technical problems do not relieve the Client of their obligation to pay fees
• PC Ask Me no longer offers the Service on a “No Fix, No Pay” basis
  

PC Ask Me has no obligation to provide service or support until PC Ask Me has received full payment for the Service or support contract the Client requests. Terms of payment are within PC Ask Me's sole discretion. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed in a separate contract or agreement between the Client and PC Ask Me. Your order is subject to cancellation by PC Ask Me, at PC Ask Me's sole discretion. PC Ask Me may modify, enhance and/or expand features or functionalities of the available services which may be offered to the Client and may do so under a different fee structure and at it its’ sole discretion.

Billing for remote on-line Services and telephone call center support may include activation fees, set up fees, installation fees, additional fees for additional services requested during the course of a remote or telephone session, taxes, recurring and/or non-recurring fees based on the Service that you request. You are responsible for all telephone communication fees, access fees, and any other fee associated with the manner in which You choose to communicate to obtain the Service.

You expressly agree that all of the financial, billing, credit card, debit card or method of payment information The Client provide to PC Ask Me is correct, current, and in good standing at all times. PC Ask Me reserves the right to charge fees for the Service to a credit card, debit card and/or any method of payment provided by The Client for the Service rendered, up to eight weeks (8) following the Service.

In the event of non-payment, The Client acknowledge and agree that you are legally responsible for the amount due and all costs incurred by PC Ask Me to recover the amount due, including interest and/or penalty fees, administrative, third party agency, and/or legal fees and expenses. PC Ask Me reserves the right to assess a late fee of five percent (5%) – or the highest amount permitted by law - and to suspend or terminate Services.

The waiver of any fees or charges lies solely at the discretion of PC Ask Me. PC Ask Me reserves the right to decline to perform services on reasonable grounds.

Requirement for Prompt Notice of Potential Claim

PC Ask Me must receive prompt notice of any potential claim arising from the use of the Service so that an immediate inspection of the allegedly affected computer, peripheral or other object deemed harmed can be made.

Notify PC Ask Me immediately by mail, in writing, and in no case later than ten (10) business days after any defect or other basis for claim is discovered or should have been discovered:

PC Ask Me

5380 Sterling Center Drive

Westlake Village, CA 91361, US

Any claims made for which PC Ask Me (“Service Provider”) does not receive such notice within ten (10) business days shall be barred.

Service - AS IS or AS AVAILABLE

You agree that your use of the Service, and the Internet, is at your own risk, your sole responsibility, and that you are in compliance with all local, State, Federal and International laws and regulations regarding use of the Internet and engaging in commerce by telephone and over the Internet.

Any and all services you request from PC Ask Me are provided on an “as is” basis. Access and availability of service are not guaranteed. For remote services we will attempt to qualify your Internet connection and you are responsible for the fee associate with this Service. It is your responsibility to ensure that you have adequate connectivity, bandwidth and systems to facilitate remote services.

Services that you select may not be available at all times and some computers may not be able to receive service in the format generally marketed – even if initial testing determines that your connection and computer (with associated peripherals) would qualify. PC Ask Me does not control or own the multifaceted communication channels through which service may be provided and, therefore, cannot guarantee access to websites, servers or content. PC Ask Me will make every reasonable attempt to provide the Service. If PC Ask Me is unable to resolve your computer, or associated peripheral, difficulty you hereby acknowledge that you understand that as an initial condition of the Service you are liable for fees and charges incurred during the attempt to provide the Service. Furthermore, the Client acknowledges that the Internet is not a secure network, for that reason PC Ask Me is not liable, and cannot be responsible for, the interception, corruption, security, validity of site destinations, or destruction of information communicated over the Internet.

No Warranty

You obtain the Service from PC Ask Me and accept any and all risk that may entail. No advice or technical support provided by PC Ask Me is intended to, or shall, create a warranty. Hardware repair may involve a specific limited labor and parts warranty, please consult our Hardware repair section. PC Ask Me is not liable for any losses that you may incur, for example: loss of data, changes in operation systems/procedure or software configuration, that may negatively impact your computer (with associated peripherals) or render any of the equipment You sought Service for ineffective and/or obsolete. You agree that it is your sole and exclusive responsibility to assume the cost of any and all service, repair or replacement that you may seek. PC Ask Me does not and can not warranty the Internet or Services provided therein/there over. PC Ask Me cannot and will not accept responsibility for any equipment to which it does not hold title.

Warranties and Limitation of Liability

You acknowledge and agree that the Service supplied hereunder is provided on an "as is" or "as available" basis (with all faults) except as otherwise specifically set forth in this Agreement and/or specifically set forth in any manufacturer warranty for any equipment or software provided by a third party (but only if such warranty is included with such equipment or software). PC Ask Me and its officers, employees, agents, representatives, parent, subsidiaries and affiliates, its third party licensors, providers and suppliers, including global service providers, disclaim any and all warranties for the Service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, integration, and those arising from course of dealing, course of trade, or arising under statute.

No advice or information given by PC Ask Me or its representatives shall create a warranty. Use of the Service of PC Ask Me technical support is at the risk of you and is not warranted. Similarly, PC Ask Me does not warrant that the Service provided by PC Ask Me will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. PC Ask Me shall not be liable for loss of data, and/or if changes in operation, procedures, or services require modification or alteration of the equipment of you, render the same obsolete or otherwise effect its performance. PC Ask Me makes no warranty regarding any transactions executed using the Service or the Internet. PC Ask Me makes no warranty regarding the content and information accessed by using the Service or any links displayed. You expressly assume all risk and responsibility for use of the Service and the Internet generally. Do not use the Service in any activities where damage or injury to person, property, environment, or business may result if an error occurs.

In no event shall PC Ask Me or its officers, employees, agents, representatives, parent, subsidiaries, or affiliates, its third party licensors, providers or suppliers, be liable for: any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability (even if PC Ask Me has been advised of the possibility of such claim or damages, or any claims against you by any other party). All limitations and disclaimers stated in this paragraph also apply to PC Ask Me, PC Ask Me the entity, affinity partners, associates, third party licensors, providers and suppliers, as third party beneficiaries of this Agreement.

The remedies expressly set forth in this Agreement are sole and exclusive remedies available to the Client. You may have additional rights under certain laws (such as consumer laws), which do not allow or limit the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to You, our exclusions or limitations apply to You to the maximum extent allowed by applicable law. Furthermore, PC Ask Me reserves the right to pursue any and all legal and equitable claims against the Client pertaining to use or misuse of the Service by you and/or for breach of the Agreement (including any policies relating to the Service) by you.

Severability

If any terms or conditions of this Agreement are held to be unenforceable, all remaining terms shall remain in effect and fully enforceable.

Notice of Binding Arbitration & Venue

You stipulate, acknowledge, understand and agree that any private civil action brought by the Client against PC Ask Me shall be submitted to binding arbitration under the Commercial Rules of the American Bar Association, said arbitration to be venued in Ventura County, California, US. In any event, an alleged claim, or arising claim initiated by the Client shall be venued in Ventura County, California, US.