Technical Support Live Terms of Service

THESE "TERMS AND CONDITIONS" ARE THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCEPT THE TECHNICAL SUPPORT LIVE™ TECHNICAL SUPPORT SERVICES OF CSi2, INC ("CSi2").

BY PROCEEDING TO USE THE TECHNICAL SUPPORT LIVE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS AND CONDITIONS, AND ARE AGREEING TO BE BOUND BY THEM WITHOUT MODIFICATION AND UNDERSTAND THAT THESE TERMS AND CONDITIONS SHALL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND CSi2. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS WITHOUT MODIFICATION, PLEASE DO NOT PROCEED, CEASE ANY USE OF THE TECHNICAL SUPPORT LIVE SERVICES AND YOU WILL RECEIVE A FULL REFUND.

SERVICE DESCRIPTION AND SCOPE OF SUPPORT

CSi2's Technical Support Live™ technical support services are intended to address software and computer related issues including: (a) evaluation of and attempts to correct software, operating systems and networking issues; (b) configuration troubleshooting; (c) virus/spyware troubleshooting; and (d) troubleshooting of software and peripherals support for network, video and sound cards, memory, hard drives, CD/DVD reader/writers, printers, scanners and networking equipment. All Technical Support Live services are offered in English only.

CSi2's Technical Support Live technicians may use electronic and software tools they deem necessary to repair your computer, such as remote access to your computer.

CSi2's Technical Support Live may install software on your computer that allows you to obtain additional technology services. For software installations, Technical Support Live technicians may accept End User License Agreements on your behalf.

Technical Support Live services are for problem-specific troubleshooting and problem resolution, and excludes: i) computer programming; ii) software development; iii) training on hardware or software use. iv) warranty repairs or product replacement; v) support for Windows 95 and earlier versions of Windows; vi) support for Apple (Mac) operating systems earlier than Mac OS X. CSi2's Technical Support Live services do not support all software, hardware or Internet-related products, applications or features and CSi2 reserves the right to defer support issues to your equipment or software vendor.

Use of the Technical Support Live services does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications (irrespective of whether a Technical Support Live technician accepts an End-User License Agreement on your behalf).

A CSi2 Technical Support Live technician must receive full access to the product(s) to be serviced. CSi2 may refrain from providing any services on the basis that the minimum system requirements are not met or the technical needs or other requirements are unusual or extensive as reasonably determined by CSi2. In some cases, Technical Support Live technicians may not be able to diagnose or resolve a problem because of complications relating to your computer or its configuration. CSi2 reserves the right to refuse to troubleshoot software not on its list of supported products. All Technical Support Live services are offered as "best efforts" services and without warranty except as specifically set forth in this Agreement. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that Technical Support Live technicians may not have the ability to obtain the information necessary to resolve a specific technical problem.

CSi2's Technical Support Live technicians or Technical Support Live website may direct you to third-party software or hardware vendors, websites, or other resources of potential interest. CSi2 DOES NOT ENDORSE OR CONTROL SUCH THIRD PARTY RESOURCES AND CANNOT VERIFY THE ACCURACY AND QUALITY OF THE INFORMATION AND PRODUCTS PROVIDED BY SUCH THIRD PARTIES. CSi2 MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.

YOUR RESPONSIBILITIES

In order to receive Technical Support Live technical support services, you must have:
(a) full access (including any required licenses) to the hardware and/or software that is related to the software or hardware problem; and
(b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted.

CSi2 IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR ALTERATION OF DATA, SOFTWARE OR FILES THAT MAY RESULT FROM CSi2'S TECHNICAL SUPPORT LIVE SERVICES OR THE ACTS OF TECHNICAL SUPPORT LIVE TECHNICIANS. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL RESTORATION AND RECONSTRUCTION OF LOST OR ALTERED FILES, DATA, OR PROGRAMS.

You are responsible for ensuring that any information or data disclosed to Technical Support Live technicians is not confidential or proprietary to you or any third party.

You hereby grant CSi2 and its Technical Support Live technicians permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform Technical Support Live services. You acknowledge and agree that you are the owner or authorized user of any hardware or software about which you are contacting Technical Support Live technical services.

You agree to cooperate with and follow instructions provided by Technical Support Live technicians and acknowledge that such cooperation by you is essential to CSi2's delivery of Technical Support Live services to you.

PURCHASE TERMS

Technical Support Live services can be purchased either: (a) for an unlimited number of problems for a term beginning on the date you order Technical Support Live and continuing for the duration of the plan you selected ("Term Plan"); or (b) on a per-Problem basis (the "Per-Problem Plan"). With respect to the Per-Problem Plan, CSi2's Technical Support Live technicians, in their sole discretion will determine what constitutes a Problem. Technical Support Live technicians will address a Problem which may include, follow-up telephone calls regarding the Problem that CSi2, in its sole discretion, deems reasonable and necessary in attempting to resolve the Problem. Once the Problem has been resolved by Technical Support Live technicians, any further calls or requests for assistance will be considered a new Problem and additional fees will apply. UNLESS ANY TERM PLAN OR RENEWAL TERM PLAN (AS DEFINED BELOW) IS TERMINATED EARLIER IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, AFTER THE EXPIRATION OF ANY TERM PLAN OR RENEWAL TERM PLAN, YOU AGREE THAT YOUR SUBSCRIPTION TO TECHNICAL SUPPORT LIVE SERVICES SHALL BE AUTOMATICALLY EXTENDED FOR CONSECUTIVE MONTHLY ONE-MONTH PERIODS ("RENEWAL TERM PLAN"). YOU HEREBY AUTHORIZE CSi2 TO DIRECTLY CHARGE YOUR CREDIT OR DEBIT CARD FOR SUCH MONTHLY RENEWAL TERM PLAN(S) AT CSi2'S THEN PUBLISHED MONTHLY RENEWAL RATES (TechnicalSupportLive.com/rates) UNLESS YOU PROVIDE WRITTEN NOTICE TO CSi2 AT LEAST TEN (10) BUSINESS DAYS PRIOR TO THE EXPIRATION OF ANY THEN CURRENT TERM PLAN OR RENEWAL TERM PLAN THAT YOU ELECT NOT TO RENEW YOUR SUBSCRIPTION OR THEN CURRENT TERM PLAN OR RENEWAL TERM PLAN. You also agree to provide CSi2 with current, complete, and accurate information for your billing account and will promptly notify CSi2 if there is any change in your billing address and, where you have paid by credit card, you will promptly notify CSi2 if there is any change to your credit card number, or credit card expiration date or if your credit card has been cancelled.

IF YOU PURCHASE TECHNICAL SUPPORT LIVE SERVICES UNDER A TERM PLAN AND YOUR SERVICES (I.E., SUBSCRIPTION TO TECHNICAL SUPPORT LIVE SERVICES) ARE TERMINATED BY YOU (OR BY CSi2 IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM, THEN, UPON TERMINATION OF YOUR SERVICES, YOU AGREE THAT YOU WILL RECEIVE THE LESSER OF A PRO-RATED REFUND BASED ON THE NUMBER OF MONTHS REMAINING IN YOUR TERM OR 75% OF THE AMOUNT PAID FOR THE ENTIRE TERM.

A Problem will be considered resolved when you receive one of the following: (a) information or advice that resolves the Problem; (b) information on how to obtain a software solution that will resolve the Problem; (c) notice that the Problem is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Problem can be resolved by upgrading to a newer release of a product; (e) notice that the Problem has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend.

Our advice to you may include steps that you will need to take before the Problem can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for future reference when you are ready to resume the process.

REPRESENTATIONS AND WARRANTIES

(a) Limitation of Liability: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT CSi2'S AGGREGATE TOTAL LIABILITY TO YOU FOR DAMAGES RELATED TO YOUR USE OR CSi2'S PROVISION OF ITS TECHNICAL SUPPORT LIVE TECHNICAL SUPPORT SERVICES IS LIMITED TO THE TOTAL AMOUNT OF MONEY THAT YOU PAY FOR SUCH SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, WILL CSi2, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER MONEY DAMAGES THAT RELATE TO OR ARISE OUT OF YOUR USE OF THE TECHNICAL SUPPORT LIVE SERVICES OR THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF OR DAMAGE TO DATA, DELETION OF FILES OR ELECTRONIC MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER DAMAGING CODE, PERMANENT OR TEMPORARY LOSS OF USE OF EQUIPMENT OR FACILITIES, INTERRUPTION OF BUSINESS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CSi2 OR TECHNICAL SUPPORT LIVE TECHNICIANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.

(b) Disclaimer of warranties: CSi2 cannot guarantee that the provision of Technical Support Live technical support services will resolve your issues or problems. CSi2 warrants that it will make reasonable efforts to perform Technical Support Live technical support services in a professional manner. TO THE EXTENT PERMITTED BY LAW, CSi2 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND ARISING FROM OR RELATING TO CSi2'S TECHNICAL SUPPORT LIVE SERVICES, THESE TERMS AND CONDITIONS, ANY RECOMMENDATION OF CSi2'S TECHNICAL SUPPORT LIVE TECHNICIANS, OR ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL OBTAINED VIA THE TECHNICAL SUPPORT LIVE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CSi2 MAKES NO WARRANTY THAT (i) THE INFORMATION OBTAINED VIA THE TECHNICAL SUPPORT LIVE SERVICES WILL BE ACCURATE OR RELIABLE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TECHNICAL SUPPORT LIVE SERVICES OR WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USING THE TECHNICAL SUPPORT LIVE SERVICES.

(c) Exclusions And Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations of the above paragraph shall apply to the greatest extent permitted by law.

PRIVACY

Privacy Policy contains additional information about how your information (including information that will not be publicly viewable) will and will not be used.

GENERAL TERMS

These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter discussed herein and supersede any and all previous oral or written representations, communications, understandings or agreements with respect to such subject matter. These Terms and Conditions shall inure to the benefit of CSi2 and its respective successors and assigns. No Waiver of any portion of these Terms and Conditions shall be implied by any course of dealing between you and CSi2. These Terms and Conditions will be construed without regard to the party responsible for its preparation If any provision of these Terms and Conditions is held to be inconsistent with any law, rule or regulation, such provision shall be deemed rescinded or modified in accordance with such law, rule or regulation, and the remainder of these Terms and Conditions shall not be affected. The laws of the State of New York (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction), will govern these Terms and Conditions and any interpretation, construction, enforcement and disputes of any sort that might arise between you CSi2 and/or its affiliates or contractors. Any action or proceeding brought to enforce any right, assert any claim, or obtain relief whatsoever in connection with or relating to these Terms and Conditions or your use of Technical Support Live services, shall be brought exclusively in the Federal and State Courts of the county of New York, in the State of New York, and you consent and submit to the jurisdiction of such courts. All provisions in these Terms and Conditions regarding disclaimers and limitations on liability shall survive any termination of these Terms and Conditions. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms and Conditions.




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