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This document was last modified on June 28, 2009.
The following are the terms and conditions for use of RR ES IT DM
services. Please read them carefully. Our Service is offered to you
with the condition that you accept without modification the terms
and conditions contained herein. RR ES IT DM may change these Terms
of Service at any time, with or without notice. Accordingly, you
should return to this Website often to check for changes to the
Terms of Services. You understand that by using the Service after a
change becomes effective, you have agreed to it. By purchasing
Services from RR ES IT DM, you are indicating your agreement to be
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING
YOUR USE OF RR ES IT DM'S COMPUTER SUPPORT SERVICE AND YOUR
RELATIONSHIP WITH RR ES IT DM. YOU SHOULD READ THEM
NO MATERIAL WITHIN THIS SITE MAY BE COPIED, IN ANY FORM, FOR
PUBLIC, PRIVATE, OR COMMERCIAL USE.
1. GENERAL
2. DEFINITION OF SERVICE TERMS
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES TERMS
3.2 You agree that you are responsible for all use on your account,
including any secondary accounts or sub-accounts registered to your
primary account. You understand this means that you accept full
liability and responsibility for the actions of anyone who uses the
Service via your account, or any secondary accounts, with or without
your permission.
3.3 If you select a service plan, not including subscription plans,
that includes a pre-determined allocation of Services (for example,
pre-purchasing 5 hours of Remote Computer Support Service), unused
allotment of Services will remain in your customer account until
used. If you select a subscription service plan that includes a
pre-determined allocation of Services (for example, purchasing a
$29.95 per month Individual Subscription Plan), minutes will
accumulate on a monthly basis and roll-over from month to month if
unused, but will expire at the end of the 12 month subscription
period. You may use your account for up to four log-on sessions per
appointment at any time. You may use more than one IP address for
each log-on session.
3.4 If you pre-purchase or subscribe to any RR ES IT DM Services:
You may not resell the Service, use it for high volume purposes, or
engage in other similar activities, or use it as a virtual support
center, as determined solely by RR ES IT DM.
3.5 If you purchase a PC subscription service plan ("Service") for
one computer, you may only use the Service in connection with the
computer listed in your service plan, unless you upgrade your
service plan contract to include an additional computer or device.
You hereby acknowledge and agree that a Service contract covers only
the software, hardware and peripherals specifically listed in the
Product Description. The Product Description is not an exhaustive
list, and RR ES IT DM may modify it any time. RR ES IT DM reserves
the right to charge an additional fee to perform Services that you
request that are not covered by the Service, or to refuse to perform
such service. As part of the Service, RR ES IT DM may require you to
install certain software to assist RR ES IT DM in the provision of
the Services. RR ES IT DM reserves the right to terminate this
Agreement if you (i) do not agree to install the software on your
PC; or (ii) alter, modify or disable the software, or its settings
or configurations.
4. PRIVACY POLICY
5. AVAILABILITY OF SERVICE TERMS
5.2 RR ES IT DM or its suppliers may, at any time, without notice
or liability, restrict the use of the Service or
5.3 If you subscribe to a Service, RR ES IT DM will use
commercially reasonable efforts to schedule a mutually
6. SOFTWARE LICENSES AND THIRD PARTY SERVICES
6.2 The Software may be accompanied by an end user license
agreement from RR ES IT DM or a third party. Your use of the
Software is governed by the terms of that license agreement and by
this Agreement, where applicable. You may not install or use any
Software that is accompanied by or includes an end user license
agreement unless you first agree to the terms and conditions of the
end user license agreement.
6.3 With regard to any Software for which your acceptance of a
separate license agreement is not required
6.4 Third Party Software: As part of the Services, RR ES IT DM may
suggest that you acquire, install and use certain third party
software ("Third Party Software"). Third Party Software is licensed
to you by the respective owners or licensees of the Third Party
Software. You must agree to the terms and conditions set forth by
such owners or licensees before installing Third Party Software,
whether RR ES IT DM assists you in the acquisition, installation,
and/or use of Third Party Software. RR ES IT DM has no rights to the
Third Party Software and does not license Third Party Software to
you or make any representation or warranty regarding the Third Party
Software.
6.5 We provide technical assistance and support for the Software
and the RR ES IT DM Software in accordance with our policies. To the
extent that we provide technical assistance and support for Third
Party Software or equipment, you must ensure that you comply with
the terms and conditions under which you licensed such Third Party
Software or purchased such equipment. We make no warranty that we
are an authorized service provider for Third Party Software or for
any equipment; it is your sole responsibility to determine if you
require additional rights for us to provide such support and if so,
to acquire such rights. You acknowledge that support of Third Party
Software or equipment by an unauthorized service provider may void
any warranty made by the supplier of such Third Party Software or
equipment.
6.6 Your license to use the Software and the RR ES IT DM Software
shall remain in full force and effect unless and until terminated by
RR ES IT DM, its third party licensors, providers or suppliers, or
until your customer account is terminated. Upon termination of your
customer account for any reason, you must cease all use of the
Software and the RR ES IT DM Software and immediately delete the
Software and the RR ES IT DM Software from your computer.
6.7 Other Third Party Agreements: As part of the Services, RR ES IT
DM may suggest certain third party services to you.
7. TERM AND TERMINATION
7.2 Termination of Service.
7.2.1 Pay-as-you-go or Subscription Service. If you are a
pay-as-you-go or subscription service customer, either you or RR ES
IT DM may terminate this Agreement without cause by giving thirty
(30) days written notice to the other party. Activation or set-up
fees paid at the initiation of your service, if any, are not
refundable. Termination by RR ES IT DM shall be effective thirty
(30) days after the date of notice to you, except as otherwise
provided in this Agreement. In the event of termination by RR ES IT
DM, for any reason, you will be required to pay the remaining
balance of the charges applicable to your Service through the
effective date of termination. You understand and agree that any
software that you acquire and install as part of the Service may
cease to operate, update or function properly after termination of
the Service.
7.2.2 Termination and/or Suspension by RR ES IT DM. If, in the sole
discretion of RR ES IT DM: (a) you are in breach of any of the terms
of this Agreement (including but not limited to all policies
regarding abuse and acceptable use of the Service) or any license
for Third Party Software; (b) your use of the Service is prohibited
by law or is disruptive to, adversely impacts or causes a
malfunction to the Service, RR ES IT DM's network, or the use and
enjoyment of other users; (c) RR ES IT DM receives an order from a
court to terminate your Service; (d) if RR ES IT DM for any reason
ceases to offer the Service; (e) if you are no longer a RR ES IT DM
customer, or (f.) RR ES IT DM determines that you are abusing the
Service or using the Service excessively then, RR ES IT DM at its
sole election may terminate or suspend your Service immediately
without notice.
7.2.3 Terminated Account. RR ES IT DM, in its sole discretion, may
refuse to accept your request for service, renewal or
re-subscription following a termination or suspension of your use of
the Service.
8. PRICING AND PAYMENTS
8.2 Discontinuation of Service for Nonpayment. Service to you may
be denied or discontinued without notice at any time in the
placement of Service charges on your credit card, or your credit
card provider denies or discontinues providing credit to you for any
reason, or you fail to make payment when due or provide us with a
new credit card expiration date before the existing one expires.
8.3 Late Fees. If any portion of your bill is not paid by the due
date, RR ES IT DM may charge you a late fee on unpaid balances and
may also terminate or suspend your Service without notice. The late
fee will be the lesser of five percent (5%) per month, or the
highest rate permitted by law. In the event RR ES IT DM utilizes a
collection agency or resorts to legal action to recover monies due,
you agree to reimburse us for all expenses incurred to recover such
monies, including attorneys' fees.
8.4 Local telephone, Toll and Long Distance Charges. Whether you
are accessing the Service from your home or away from your home, you
are responsible for all telephone charges.
8.5 You have the option to change your Service(s) at any time by
notifying us, provided that you qualify for and comply with any
requirements of the changed Service.
8.6 Missed Appointments. If you do not contact RR ES IT DM a
minimum of two (2) hours prior to your appointment to cancel or
otherwise reschedule your appointment, you will be charged, at RR ES
IT DM's option, a missed appointment fee according to the following
schedule: Physical On-Site Computer Support: $55 missed appointment
fee , Remote Computer Support: $35 service fee that is converted
into 15 minutes of remote support and added to your account for
future use
8.7 Service without Resolution. RR ES IT DM will make every
reasonable attempt to troubleshoot, analyze, assess, correct or
otherwise fix your computer or network problem. If RR ES IT DM is
unable to resolve your computer problem, you will still be liable
for charges for time spent by RR ES IT DM in an attempt to correct a
problem.
8.8 Unable to Create Online Connection. RR ES IT DM will not charge
you if RR ES IT DM cannot connect with your computer in attempt to
provide remote computer support service.
8.9 The waiver of any fees or charges lies solely at the discretion
of RR ES IT DM.
8.10 RR ES IT DM reserves the right to charge service fees to a
customer's credit card up to eight (8) weeks after the conclusion of
service.
9. LIMITATIONS ON USE OF THE SERVICE
9.2 You agree that the Internet is not owned, operated or managed
by, or in any way affiliated with RR ES IT DM and RR ES IT DM is not
responsible and has no control over the information, content or
other materials, some of which may be offensive, malicious or
destructive in nature, which may be accessed through use of the
Service. You further agree that RR ES IT DM does not own or control
all of the various facilities and communications lines through which
service may be provided, nor does RR ES IT DM guarantee access to or
through websites, servers or other facilities on the Internet,
whether or not such facilities are owned or controlled by RR ES IT
DM.
9.3 You agree that RR ES IT DM cannot and does not guarantee or
warrant that data available for downloading through the Service will
be free of defects, infection or viruses, worms, Trojan horses or
other code that manifest contaminating, malicious or destructive
properties. You are responsible for implementing adequate procedures
to satisfy your particular requirements for accuracy of data input
and output and for maintaining a means external to the Service for
the reconstruction of any lost data.
9.4 You agree that the Internet is not a secure network and that
third parties may be able to intercept, access, use, or corrupt the
information you transmit or receive over the Internet. RR ES IT DM
is not responsible for invalid destinations, transmission errors, or
corruption or security of your data.
9.5 You are not authorized to use any RR ES IT DM name or mark
(including 'RRESITDM') as a hypertext link to any RR ES IT DM Web
site or in any advertising, publicity or in any other commercial
manner without the prior written consent of RR ES IT DM. You
understand that your ability to link to a Web site through the
Service does not, in any way, represent or imply RR ES IT DM's
approval of, or its determination of the quality of that product or
service, and that links are provided for your convenience only. The
links provided through the Service are maintained by their
respective organizations, which are solely responsible for their
content. RR ES IT DM Affiliates may use the RR ES IT DM name and
link to the RR ES IT DM web site solely in accordance with the terms
and conditions of the RR ES IT DM Affiliate Program.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.2 RR ES IT DM DOES NOT WARRANT THAT THE SERVICE PROVIDED BY RR
ES IT DM 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. RR ES IT DM SHALL NOT BE LIABLE
FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR
SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT,
RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. RR ES
IT DM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING
THE SERVICE OR THE INTERNET. RR ES IT DM 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 HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO
PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR
OCCURS.
10.3 IN NO EVENT SHALL RR ES IT DM (OR ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) 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 RR ES
IT DM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES,
OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO
APPLY TO RR ES IT DM'S THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS
AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH
RR ES IT DM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND
AFFILIATES), RR ES IT DM'S THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.
10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR
SOLE AND EXCLUSIVE REMEDIES. 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.
10.7 RR ES IT DM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND
EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE
SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES
RELATING TO THE SERVICE.)
11. INDEMNIFICATION
12. NOTICES
12.2 With regard to electronic communications, you and RR ES IT DM
further agree that: (a) the User ID and/or alias of a sender,
contained in an electronic communication ("email"), is legally
sufficient to verify the sender's identity and the authenticity of
the communication; (b) an email sent containing your User ID and/or
alias establishes you as its originator and has the same effect as a
document with your written signature on it; and (c) an email or any
computer printout of it, is a valid proof of the validity of the
original content of the electronic communication.
13. GENERAL PROVISIONS
13.2 RR ES IT DM will not be liable for delays, damages or failures
in performance due to causes beyond its reasonable control,
including, but not limited to, acts of a governmental body, acts of
God, acts of third parties, fires, floods, strikes or other
labor-related disputes, of other things we do not control, or an
inability to obtain necessary equipment or services.
13.3 You agree not to assign or otherwise transfer, this Agreement
in whole or in part, including the Software or your rights or
obligations under it. Any attempt to do so shall be void. We may
assign all or any part of this Agreement without notice and you
agree to make all subsequent payments as directed.
13.4 You and RR ES IT DM agree that the substantive laws of the
California, without reference to its principles of conflicts of
laws, will be applied to govern, construe and enforce all of the
rights and duties of the parties arising from or relating in any way
to the subject matter of this Agreement. YOU AND RR ES IT DM CONSENT
TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT
LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF
ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT
MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise
required by law, including California
laws relating to consumer transactions, any cause of action
or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. In any action or proceeding
arising from or relating in any way to the subject matter of this
Agreement you agree that RR ES IT DM shall be entitled to recover
its reasonable attorneys’ fees and costs incurred in connection with
said action or proceeding and in the event that RR ES IT DM
prevails.
13.5 RR ES IT DM's failure at any time to insist upon strict
compliance with any of the provisions of this Agreement in any
instance shall not be construed to be a waiver of such terms in the
future. If any provision of this Agreement is determined to be
invalid, illegal or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby, and the unenforceable portion shall be
construed as nearly as possible to reflect the original intentions
of the parties. 13.6 This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and RR ES IT DM with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void. 14.1 We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, * Google, as a third party vendor, uses cookies to serve ads on your site. * Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. * Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy .![]() |
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![]() HOME | Links | Terms of Service Copyright © 2007-2009 RR.ES.IT.DM LLC. All Rights Reserved All trademarks mentioned on this page are the property of their respective owners. ---------------------------------------------------------------------------------------------- Last Updated: ( Friday, 16 JAN 2009 ) |
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