Terms of Service — Free Computer Maintenance

Terms of Service — Free Computer Maintenance

Welcome to Free Computer Maintenance. Through both Free Computer Maintenance and our partners, we provide users with access to a variety of on-line resources, including various web-based back office and industry specific applications, administrative tools and services, purchasing services and information. These various services are offered through this web site and the web sites of our affiliate or partner companies. The term “Free Computer Maintenance” (or “our company”, “we” and “us”) includes Free Computer Maintenance and all of the subsidiaries and affiliates of Free Computer Maintenance.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

In addition, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and payment authorization form and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.

1. Acceptance of Terms
Free Computer Maintenance provides the Service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without prior notice to you. Unless explicitly stated otherwise, any new features that augment, change or enhance the current Service, including the release of new Free Computer Maintenance properties, shall be subject to these TOS. You can review the most current version of the TOS at any time, to which you will be subject from the date of their publication on this Web Site. In addition, when using particular components of the Service, you and Free Computer Maintenance will be subject to any applicable guidelines or rules that may be posted on this Web site from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.

By accessing, browsing, and/or using the Service, you acknowledge and represent that you have read and understood these TOS and that you and your company agree to be bound by the TOS and comply with all applicable laws and regulations, including those of the United States. You understand and agree that the Service is provided “AS-IS” and that Free Computer Maintenance assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications, data or personalization settings. Please review Free Computer Maintenance’s “Disclaimer of Warranties” in Section 20.

2. Obligation to Pay Fees
You agree to pay all subscription, service and use fees, if any, that Free Computer Maintenance charges you for the Service. Such fees will be posted on Free Computer Maintenance’s website and may be changed by Free Computer Maintenance at any time and from time to time. You agree to pay all costs (including attorneys’ fees), if any, incurred by Free Computer Maintenance in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Service.  Free Computer Maintenance may, at its option, include such taxes in the fees charged to you, in which event you shall pay such taxes to Free Computer Maintenance.

Free Computer Maintenance may issue invoices or bills to you for services and products that Free Computer Maintenance provides you. You may also authorize Free Computer Maintenance to charge fees, on a monthly basis, directly to your credit card or debit your checking account, or pay by invoice. Before you can complete enrollment, you must complete the payment authorization form. Each time you use the Service, you reaffirm your authorization to Free Computer Maintenance to charge or withdraw funds from your account.

3. Ordering, Shipping and Payment Terms
Free Computer Maintenance provides a Web-based service system whereby you can better manage your computer and computer systems.  This service system may include some products provided by Free Computer Maintenance and some provided by third-party vendors (“Products”).

When you place an order on the Site, Free Computer Maintenance will either provide the Products itself or connect you to third-party vendors selected by you or by Free Computer Maintenance in its discretion (“Providers”). The Providers will maintain responsibility for the shipping and billing (including returns and credits) processes associated with your order. Free Computer Maintenance does not manufacture or design any of the Products provided by Providers.

Payment. Free Computer Maintenance or the applicable Provider(s) will invoice you or charge your credit card for your order for a Service or at the point of shipment of the Products.
Currency and Taxes. Unless otherwise stated, all prices are quoted in U.S. dollars. You agree to pay the taxes, fees, or charges imposed on any purchase or shipment of Products or Services.

Order Acceptance. Orders will not be binding on Free Computer Maintenance.

Shipment. All sales are shipped F.O.B. place of shipment unless otherwise noted. Products will be shipped via carriers designated by the Provider. The method of shipment will be determined from information provided by you during the order process. You will be responsible for paying any shipping and freight, insurance, and other shipment charges for Products that are shipped. Free Computer Maintenance will not be liable for loss, damage, or penalty resulting from delivery delays or delivery failures.

Order changes, cancellations, returns and refunds. All order changes, cancellations, returns, or refunds are governed by the Provider’s policies, and you agree to pay additional shipment costs or restocking charges imposed by the Provider. Orders may be changed by canceling the unwanted order through contact with Free Computer Maintenance’s Customer Service Center, which will forward your request to the Provider, and then placing a new order through the Site. Your order change or cancellation will be processed if the order has not been shipped from the Provider. If you have questions about order changes, cancellations, and refunds, contact the Free Computer Maintenance Customer Service Center.

Title. Title to the Products will pass directly from any Provider to you upon shipment. Free Computer Maintenance will not take title to the Products provided by a Provider.

Product Warranty. Products purchased through the Web Site from a Provider will be subject to the Provider’s standard warranty. You agree to deal directly with the Provider regarding warranty issues. Free Computer Maintenance disclaims all warranties related to the Products provided by a Provider.

Product Release. Free Computer Maintenance manages the ordering process and has no control over the quality or safety of the Products listed on the Site or the ability of the Providers to sell the Products listed. You release Free Computer Maintenance, and its officers, directors, employees, agents and successors from any actions, claims, demands, damages, liabilities or suits of any nature in law or in equity arising from or in connection with the Products, your use of the Products or your use of the Site.

Product Use. You expressly agree that you will test and use all of the Products provided according to reasonable practices and in strict compliance with all applicable laws and regulations. You agree to use all of the Products provided as they are intended to be used. Certain of the Products provided may contain materials that may be hazardous or harmful if misused. You recognize and acknowledge that Free Computer Maintenance does not test any of the Products provided by Providers for safety and efficacy. You have the responsibility to understand the hazards involved in using all of the Products. It is your duty to warn your family and employees of any risks involved in using or handling the Products and you agree to comply with instructions for Product use furnished by Free Computer Maintenance and/or a Provider.  You agree it is your duty to warn your family and your employees of any risks involved in using or handling the Products and you will comply with instructions for Product use furnished by Free Computer Maintenance or any Provider.

Indemnification. You agree to indemnify and hold harmless Free Computer Maintenance, its officers, directors, employees, agents, successors, and assigns from and against any suits, losses, claims, demands, liabilities, costs, and expenses (including attorney fees) that they may sustain or incur as a result of any claim against them based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by you, your customers, by auxiliary personnel (such as freight handlers), or by other third parties arising out of, directly or indirectly, the use of any Products, regardless whether such Products are provided by Free Computer Maintenance or Providers.

4. Third Party Services Through Free Computer Maintenance
Free Computer Maintenance may provide customers (“Customers”) with promotional information via e-mail regarding services offered by Free Computer Maintenance or by third parties. Customers may opt out of receiving third-party promotions by contacting Free Computer Maintenance.

Free Computer Maintenance will make third-party services available to its Customers. Free Computer Maintenance does not act as an agent or broker on behalf of third parties that offer services through the Free Computer Maintenance website. Free Computer Maintenance does not negotiate individual contracts, purchases, or sales for Customers on behalf of these third parties. Free Computer Maintenance may negotiate with third parties for the collective benefit of its Customers. Free Computer Maintenance’s efforts are intended to benefit Customers by providing discounted services. Any services offered through third parties, are intended solely to facilitate services for Free Computer Maintenance’s customers.

Customers shall, through the Free Computer Maintenance website, contract directly with third parties to obtain these third-party services. Payment shall be made directly to the third parties providing those services in accordance with Customer’s agreement with the third party. Free Computer Maintenance makes no representations on behalf of third parties, nor is Free Computer Maintenance responsible for the statements, actions, or omissions of third parties. Inclusion of a third-party service on the Free Computer Maintenance site is not an endorsement of that service. Free Computer Maintenance encourages Customers electing to use such services to review the terms of the agreements with those third parties. If a Customer is not satisfied with the services provided by third parties, Customer must contact the third parties directly.

5. Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Free Computer Maintenance may suspend or terminate your access to the Service and this web site and refuse any and all current or future use of the Service (or any portion thereof).

6. Privacy Policy

Registration Data and other information that is personal to you that you provide in the course of using the Service are subject to our Privacy Policy, which appears elsewhere on this web site. This Registration Data and other information may be entered by you or by your company’s small business owner/manager. By use of the Service, you are consenting to Free Computer Maintenance and its business partners’ use of any information collected by or transmitted to Free Computer Maintenance as set forth in the Privacy Policy. For more information, please see our full Privacy Policy.

7. Member Account, Password and Security

You will have the opportunity to select a password and you will receive one or more account designations upon completing the Service’s registration process. Please select a password that would not be obvious to someone trying to guess your password, and change it once in a while as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to (a) immediately notify Free Computer Maintenance of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Free Computer Maintenance cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.

8. Member Conduct

You understand that all information, data, text, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Among other things, this means that you, and not Free Computer Maintenance, are entirely responsible for all Content that you send via the e-mail messaging system or otherwise transmit via the Service. Free Computer Maintenance does not control the Content posted via the Service and, therefore, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Free Computer Maintenance be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to use the Service in a manner consistent with any and all applicable laws and regulations. Specifically, you agree not to use the Service for any unlawful, offensive, harassing, or deceitful purpose, or take any action that, in Free Computer Maintenance’s sole opinion, restricts or inhibits other users from using and enjoying the Service, such as but not limited to, the use of vulgar, profane or otherwise offensive language; inappropriate aliases; committing or discussing with the intention to commit illegal activities. You specifically agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material; nor will you encourage the use of controlled substances. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of the TOS. You specifically agree not to upload, post or reproduce in any manner any materials protected by copyright without the permission of the copyright owner.

You acknowledge that Free Computer Maintenance does not pre-screen Content, but that Free Computer Maintenance and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Free Computer Maintenance and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Free Computer Maintenance or our business partners or submitted to Free Computer Maintenance.

You acknowledge and agree that Free Computer Maintenance may preserve Content and may also disclose Content if permitted by the Privacy Policy and/or required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Free Computer Maintenance, its business partners, its users, Customers and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. Public Content on Free Computer Maintenance

For purposes of the TOS, “publicly accessible areas of the Service” are those accessible by the general public. By way of example, a publicly accessible area of the Service would include message boards, forums, member profiles, yellow pages, and job folders. With respect to all Content you elect to post to publicly accessible areas of the Service, you grant Free Computer Maintenance the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any Service user to access, display, view, store and reproduce such Content. Subject to the foregoing, the owner of such Content retains any and all rights that may exist in such Content.

10. Indemnity

You agree to indemnify and hold Free Computer Maintenance, and its subsidiaries, affiliates, officers, agents, co-branders or other partners (including, but not limited to, suppliers of Products and services through the Service), and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11. No Resale of Service

We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Service only for the intended purposes of the Service. You may not sell, resell, or otherwise use or commercially exploit the Service other than by using it for its intended purposes in connection with your primary business or personal use. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of the Service for any commercial purposes outside the primary purposes of your business.

You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Service or create derivative works based on the Service. For purposes of the TOS, “reverse engineering” shall mean the examination or analysis of the Service to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Service’s underlying technology.

The license granted to you under the TOS will automatically terminate upon termination of your account. Free Computer Maintenance has the right to terminate the license of any user at any time for any or no reason, solely in the discretion of Free Computer Maintenance and its partners.

12. General Practices Regarding Use and Storage

You acknowledge that Free Computer Maintenance may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Free Computer Maintenance’s servers on your behalf, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, the maximum time during which your use of your Free Computer Maintenance account may remain inactive and the price you are asked to pay to use the Service. You agree that Free Computer Maintenance has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Free Computer Maintenance reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Free Computer Maintenance reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. Availability and Modification to Service

Free Computer Maintenance will use commercially reasonable efforts to insure that the services that Free Computer Maintenance offers at the website are available for Customer’s use; however, Free Computer Maintenance makes no guarantee that the services at website will be available 24 hours per day, 7 days a week, or that the services will be error-free.  Errors include but are not limited to site interruption, server downtime, errors in coding, and product malfunction.

Free Computer Maintenance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice. Free Computer Maintenance reserves the right to add, delete, or modify from time to time the services offered at the ,yfreeIT.com website and will provide reasonable notice of such changes if the changes materially impact Customers’ ability to use the services at the site. From time to time, Free Computer Maintenance may, but shall have no obligation to, contact you to provide information about changes to the Service. You agree that Free Computer Maintenance and/or its subsidiaries, officers, and employees shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Termination

You agree that Free Computer Maintenance, in its sole discretion, may terminate your password, account identification or password or use of the Service, and remove and discard any data stored within the Service, for any reason, including, without limitation, for lack of use or if Free Computer Maintenance believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service (or any portion thereof) under any provision of this TOS may be effected without prior notice by Free Computer Maintenance or its business partners, and acknowledge and agree that Free Computer Maintenance may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Free Computer Maintenance and/or its subsidiaries, officers, and employees shall not be liable to you or any third-party for any termination of your access to the Service. Free Computer Maintenance and/or its subsidiaries, officers, and employees shall have no obligation following any termination.

If you wish to terminate use of the Service, you may do so at any time in accordance with the procedures outlined in the Privacy Policy.

15. Dealings with Advisors and Service Providers

Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or service providers. You agree that Free Computer Maintenance and/or its subsidiaries, officers, and employees shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or service providers on the Service.

16. Links and Software

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Free Computer Maintenance and/or its subsidiaries, officers, and employees has no control over such sites and resources, you acknowledge and agree that Free Computer Maintenance and/or its subsidiaries, officers, and employees is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Free Computer Maintenance and/or its subsidiaries, officers, and employees shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Any software or files that are made available for download from the Site (“Software”) are the copyrighted work of Free Computer Maintenance and/or its suppliers and partners. Use of the Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.

For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Free Computer Maintenance hereby grants to you a personal, nontransferable license to use the Software for viewing and otherwise using the Site in accordance with these terms and conditions, and for no other purpose.

17. Free Computer Maintenance Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service, Free Computer Maintenance partners, or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Free Computer Maintenance, Free Computer Maintenance partners, or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

18. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREE COMPUTER MAINTENANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B

FREE COMPUTER MAINTENANCE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

C

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D

THE SECURITY MECHANISMS IMPLEMENTED BY FREE COMPUTER MAINTENANCE AND ITS BUSINESS PARTNERS MAY HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE FOR YOURSELF THAT THE SECURITY AND PERFORMANCE OF THE SERVICE SUFFICIENTLY MEET YOUR REQUIREMENTS. FREE COMPUTER MAINTENANCE AND ITS BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR YOUR DATA WHETHER RESIDING ON OUR OR YOUR SERVERS.

E

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREE COMPUTER MAINTENANCE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREE COMPUTER MAINTENANCE AND/OR ITS SUBSIDIARIES, CO-BRANDERS OR OTHER PARTNERS (INCLUDING, BUT NOT LIMITED TO, SUPPLIERS OF GOODS AND SERVICES THROUGH THE SERVICE), OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY AND OUR SOLE OBLIGATION IN CONNECTION WITH ANY PERFORMANCE DEFICIENCY OF OR BY THE SERVICE SHALL BE TO REPERFORM THE AFFECTED TRANSACTION OR INQUIRY WITHIN A REASONABLE TIME AT OUR EXPENSE. UNDER NO CIRCUMSTANCES SHALL FREE COMPUTER MAINTENANCE’S LIABILITY IN ANY WAY ARISING FROM OR RELATED TO THE SERVICE AND IN ANY PROCEEDING EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO FREE COMPUTER MAINTENANCE FOR ACCESS TO OR USE OF THE SERVICE DURING THE 12 MONTHS PRECEDING THE OCCURRENCE OF THE CAUSE OF ACTION.

20. 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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. SECTION 19 AND 20 APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.

21. Notice

Notices to you may be made via either email, or regular mail. Free Computer Maintenance may also provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service.

22. Trademarks and Copyright Information

Free Computer Maintenance, the Free Computer Maintenance logo, and other Free Computer Maintenance logos and product and service names are trademarks of Free Computer Maintenance (the “Free Computer Maintenance Marks”). Without Free Computer Maintenance’s prior permission, you agree not to display or use in any manner, the Free Computer Maintenance Marks.

The Free Computer Maintenance web pages at Free Computer Maintenance and other related URLs (and all reviewable pages, underlying program code and accompanying services and documentation related to that site) is Copyright (c) 2010 Free Computer Maintenance, Inc., ALL RIGHTS RESERVED. Permission is hereby granted to print in hard copy portions of www.Free Computer Maintenance for the sole purposes of placing or approving a request or order using the Service or archiving business records. Any other use of any portion of www.Free Computer Maintenance or any other co-branded site established with our partners, including reproduction for purposes other than those specified herein, modification, distribution, or publication, are expressly prohibited without the prior written permission of Free Computer Maintenance.

23. Legal Advice

Free Computer Maintenance does not offer legal advice, and any references to federal, state or local law, regulation, legal terminology, or statute are for informational purposes only. Legal references at the Free Computer Maintenance website are meant to inform Customers of issues that may be relevant to their businesses. Such references are meant to facilitate independent research into matters collateral to the services or Products Free Computer Maintenance provides.

Free Computer Maintenance makes no representation, warranty, or claim that the information available on the website is current or accurate. Do not act or rely upon any of the resources and information available in the website without seeking professional legal advice.

24. General Information

The TOS and the Privacy Policy for this web site referred to herein constitute the entire agreement between you and Free Computer Maintenance and govern your use of the Service, superseding any prior agreements between you and Free Computer Maintenance. You also may be subject to additional terms and conditions that may apply when you use services of our business partners, third-party content or third-party software. The TOS and the relationship between you and Free Computer Maintenance shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Free Computer Maintenance agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. The failure of Free Computer Maintenance to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The TOS do not constitute legal advice. Users of the service should consult their own counsel for answers to particular legal questions. The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. Violations

Please report any violations of the TOS to us by email at support@FreeComputerMaintenance.com.

26. Browser Compatibility

To purchase from the Free Computer Maintenance Web Site or any of its marketplaces or Providers, you must use an SSL-enabled browser such as Netscape Navigator 4.0 or higher or Internet Explorer 4.0.  The “key” icon that, in some browsers, indicates SSL encryption may not appear when you are viewing encrypted pages on the Free Computer Maintenance marketplaces or Providers due to the use of multiple frames.  However, the information you provide will be encrypted.

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