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Terms of Service
1. Proper Use. You agree that you will use NetworkPCSupport.com in
compliance with all applicable local, state, national, and
international laws, rules and regulations. Furthermore, you agree
that you will not ask questions that are unlawful,
defamatory, harassing, abusive, fraudulent, obscene, intended to
advertise or sell goods or services, or are otherwise objectionable.
You further agree not to ask questions designed to elicit responses
that relate to illegal activity or that infringe upon another
party's intellectual property rights. You may not sell, use,
reproduce, modify, edit, translate, publish, perform, display, post,
transmit and distribute questions, comments or answers for any
public or commercial purpose without the written permission of
NetworkPCSupport.com. NetworkPCSupport.com does not necessarily
edit, screen, filter, modify, or otherwise monitor the content of
questions or comments in advance of responses. NetworkPCSupport.com
takes no
responsibility for third party content, nor does
NetworkPCSupport.com have any obligation to monitor such third party
content. NetworkPCSupport.com reserves the right to refuse service
to anyone at any time without notice for any reason.
NetworkPCSupport.com will not be responsible or liable for the
exercise or non-exercise of its rights under this Agreement.
2. NO FIX NO CHARGE Refund Policy. Will Apply only if the support
engineer exhausted all the resources and mentioned that we are
unable to resolve the problem or if the user was able to prove to
networkpcsupport that the problem was not resolved. NO FIX NO CHARGE
policy will NOT apply if the user does not have the required
resources to help us resolve the problem. Example, CD for the OS or
the application that needs restore.
3. Warranty. The information provided by NetworkPCSupport.com
pursuant to this Service is derived from private and public
reference sources as well as personal knowledge and is provided by
NetworkPCSupport.com or independent contractors
("Consultant") to assist you. The Information has not been verified,
however, and neither NetworkPCSupport.com nor Consultant represent
that it is accurate, correct, complete, reliable, or otherwise
valid. NetworkPCSupport.com does not endorse or
recommend, and expressly disclaims liability for any product,
manufacturer, distributor, service or service provider mentioned in
any question, comment or answer. Further NetworkPCSupport.com does
not endorse or support any opinion expressed in a question, comment,
or answer. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO
WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE
CONTENT OF THE QUESTIONS, ANSWERS, AND COMMENTS IS PROVIDED BY AND
IS THE RESPONSIBILITY OF THE PERSON CLAIMING SUCH ITEMS.
NetworkPCSupport.com AND CONSULTANTS EXPRESSLY DISCLAIM ANY
WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON- INFRINGEMENT. Some states do not allow the exclusion
of warranty, so the above exclusions may not apply to you.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL
NetworkPCSupport.com OR CONSULTANTS BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR
NOT NetworkPCSupport.com OR CONSULTANT HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL
NetworkPCSupport.com OR CONSULTANT BE LIABLE TO YOU FOR ANY AMOUNT
FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS
AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND
OF FEES ACTUALLY PAID BY YOU TO NetworkPCSupport.com FOR ANY
INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE
EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT,
MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER,
NetworkPCSupport.com EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH,
ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER,
DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do
not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation and exclusions may not apply to
you.
5. Hold Harmless and Indemnity. You agree to hold harmless and
indemnify NetworkPCSupport.com, and its Consultants, employees,
agents and representatives, from and against any third party claim
arising from or in any way related to your use of the Service,
including any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments, litigation
costs and attorneys' fees, of every kind and nature. In such a case,
NetworkPCSupport.com or the affected Consultant(s) will provide you
with written notice of such claim, suit or action.
6. Release and Waiver. To the maximum extent permitted by applicable
law, you hereby release, and waive all claims against
NetworkPCSupport.com and its employees and agents from any and all
liability for claims, damages (actual and consequential), costs and
expenses (including litigation costs and attorneys' fees) of every
kind and nature, arising out of or in any way connected with use of
the Service.
7. No Assignment. You shall not assign this Agreement or assign any
rights or delegate any obligations hereunder, in whole or in part,
whether voluntarily or by operation of law, without
NetworkPCSupport.com's prior written consent. Any such purported
assignment or delegation by you without NetworkPCSupport.com's prior
written consent will be null and void and of no force or effect,
unless otherwise expressly consented to by NetworkPCSupport.com at
its sole and absolute discretion.
8. Relationship of the Parties. Notwithstanding any provision
hereof, for all purposes of this Agreement each party shall be and
act as an independent contractor and not as partner, joint venture,
agent, employee or employer of the other and shall
not bind nor attempt to bind the other to any contract.
9. Arbitration. Any controversy or claim arising out of or relating
to this Agreement shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The decision of the arbitrator shall be final and
unappealable.
10. Miscellaneous. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be deemed superseded
by a valid enforceable provision that most closely matches the
intent of the original provision and the remaining provisions shall
be enforced. NetworkPCSupport.com's failure to act with respect to a
breach by you or others does not waive NetworkPCSupport.com's right
to act with respect to subsequent or similar breaches. The failure
of NetworkPCSupport.com to exercise or enforce any right or
provision of these terms and conditions shall not constitute a
waiver of such right or provision. The section headings and
subheadings contained in this Agreement are included for convenience
only, and shall not limit or otherwise affect the terms of this
Agreement.
between NetworkPCSupport.com and you with respect to the subject
matter hereof.
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