PLEASE READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AS SET OUT BELOW
Terms & Conditions
FIX MY COMPUTER DUDE delivers instant technical support (by way of email, chat services, and phone) for consumers in United States of America and Canada.
2. Submissions of Plan Orders; Service Plans
4. **Refund Policy**(Important)
6. Credit Card Billing
8. Person and Non-Commercial Use Limitation
9. No Unlawful or Prohibited Use
10. Fair Usage Policy; Suspension or Termination of Subscription
13. Communication Services
14. Limited Licenses to us the Fix My Computer Dude Portal, Materials, and Software
15. General License Restrictions
16. User Responsibility
17. Availability of Services and Materials under Force Majeure Circumstances
18. Exclusions from “Services”
19. Notice Specific to Materials and Software Available on Fix My Computer Dude Portal or Through a Service
20. End User Agreements (EULA) – Generally
21. EULA for Fix My Computer Dude Software
22. Third Party Software
23. Third Party Agreements
24. Limited Service Warranty
25. Limitation of Liability
26. Limitations on Actions
27. Term and Termination
28. Severability; Waiver
29. No Offer
31. Law Forum
1.1 “TERMS AND CONDITIONS”
LAST UPDATED: 06/11/2013
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF FIX MY COMPUTER DUDE TECHNICAL SUPPORT SERVICE AND YOUR RELATIONSHIP WITH FIX MY COMPUTER DUDE. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXIXTING PLANS.
“You” means you individually, any person, including any employer that you are acting on behalf of.
• “FIX MY COMPUTER DUDE”
“FIX MY COMPUTER DUDE” (or FMCD) is the service mark of Fix My Computer Dude
All references to FIX MY COMPUTER DUDE refer to Fix My Computer Dude.
• “Subscription Based Plans”
“Subscription Based Plans” are tenured Subscription plans offered by FIX MY COMPUTER DUDE that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
1.4 “SERVICES” AND” FIX MY COMPUTER DUDE PORTAL”
All references to “Services” refer to any FIX MY COMPUTER DUDE service plan that you enter into with FIX MY COMPUTER DUDE through use of the FIX MY COMPUTER DUDE web portals located at www.fixmycomputerdude.com or www.fixmycomputerdude.net (the ” FIX MY COMPUTER DUDE Portal”) or by calling the FIX MY COMPUTER DUDE phone number mentioned on the web portal.
“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the FIX MY COMPUTER DUDE Portal are the proprietary and copyrighted work of FIX MY COMPUTER DUDE and/or its suppliers. The definition of “Materials” does not include the design or layout of the www.fixmycomputerdude.com Web site or any other FIX MY COMPUTER DUDE owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by FIX MY COMPUTER DUDE or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both FIX MY COMPUTER DUDE Software and Third Party Software.
2. SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the FIX MY COMPUTER DUDE Portal or by calling FIX MY COMPUTER DUDE. Once FIX MY COMPUTER DUDE accepts the Plan Order submitted by you, then you will receive an email from FIX MY COMPUTER DUDE at the email address that you provide or have provided to FIX MY COMPUTER DUDE as part of the Registration Process for the Services. FIX MY COMPUTER DUDE is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by FIX MY COMPUTER DUDE of a Plan Order, you will have a Service Plan.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. FIX MY COMPUTER DUDE has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
You understand that all Service Plans consist both, of a onetime warranty enrollment fee as well as a monthly maintenance fee. Maintenance fees begin the month following initial enrollment, and recur the same day monthly for duration of agreement.
Expiration & Renewal
Fix My Computer Dude will begin notifying all plan subscribers of impending expiry of subscription one month prior to respective expiration date. Upon contact Fix My Computer Dude will confirm respective subscriber’s interest in renewing service plan at a discounted rate. If Fix My Computer Dude cannot reach subscriber after both (10) phone calls and at least (one) email, expiring service plan will be renewed by default at aforementioned discounted renewal rate.
Monthly maintenance fees ($15.95/mo.) enable unlimited maintenance services but do not delineate actual services rendered in any amount. Maintenance services must be accessed by paying customer.
For all business subscription plans, upon registration you will be charged the one-time enrollment fee; the amount of which to be determined by number of devices registered. For support services, “$15.95” will be charged monthly recurring for next 12 months. Please note that you will pay monthly maintenance for each device you subscribe (e.g. if you are subscribing for 2 computers business plan, you will pay ([2 X $15.95]) monthly.
In case of plan upgrades such as from Gold to Business, user’s existing plan will be cancelled and the new plan will be activated. You will be charged the enrollment fee one time as per the new plan selected, and Monthly Maintenance billings will begin anew according to the enrollment date for new plan.
4.CANCELLATION &REFUND POLICY
Payment for “Service Plans” includes both an initial enrollment fee and subsequent monthly periodic billings.
• All refund and/or cancellation requests must be made via phone to Administration at 866 250 3460 FMCD is not liable for any refund and/or cancellation requests not placed by this means.
All Service plans, may be cancelled at any time upon request by customer. Upon receipt of cancellation notice, all future service provisions and billings are discontinued.
Less a $50-100 restocking fee for services already and irrevocably provided, applied at sole discretion of FMCD, refund requests in full are granted up to 30 days of enrollment Restocking fee amount will be contingent upon nature of cancellation and the work performed beforehand,
One-time Instant Fixes: Payment to be made following provision of support. The act of payment by customer for services rendered constitutes accepted quality of support; after which Fix My Computer Dude bears no obligation to reimburse payment. Within 30 days of purchase, a given “Fix” may be repeated as necessary; however service to repair any computer problems unrelated to initial problem will mandate purchase either of another One-Time Instant Fix or an applicable Extended Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, FIX MY COMPUTER DUDE will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, FIX MY COMPUTER DUDE will attempt problem diagnosis and a solution over the telephone, through chat, email. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to FIX MY COMPUTER DUDE Limited Warranty, which is set forth below. For more information, please refer to online documentation.
6. CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize FIX MY COMPUTER DUDE to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize FIX MY COMPUTER DUDE and/or any other company who bills products or services, or acts as billing agent for FIX MY COMPUTER DUDE to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide FIX MY COMPUTER DUDE with updated credit card information upon FIX MY COMPUTER DUDE request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither FIX MY COMPUTER DUDE nor any FIX MY COMPUTER DUDE affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at FIX MY COMPUTER DUDE option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.
8. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
9. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FIX MY COMPUTER DUDE Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any FIX MY COMPUTER DUDE server, or the network(s) connected to any FIX MY COMPUTER DUDE server, or interferes with any other party’s use and enjoyment of any of the FIX MY COMPUTER DUDE Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any FIX MY COMPUTER DUDE Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any FIX MY COMPUTER DUDE server or to any of the FIX MY COMPUTER DUDE Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any FIX MY COMPUTER DUDE Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
10. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though FIX MY COMPUTER DUDE has no limits on the amount of telephone or online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to FIX MY COMPUTER DUDE’s “fair use” policy. Under this policy, if at any time, in FIX MY COMPUTER DUDE’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, and then FIX MY COMPUTER DUDE reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, FIX MY COMPUTER DUDE reserves the right to suspend or terminate any Subscription Services of any Subscriber that FIX MY COMPUTER DUDE, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to FIX MY COMPUTER DUDE; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
You may not create hyperlinks to any portion of the FIX MY COMPUTER DUDE Portal, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold FIX MY COMPUTER DUDE, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in FIX MY COMPUTER DUDE’s defense of any claim. FIX MY COMPUTER DUDE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FIX MY COMPUTER DUDE. You agree immediately to notify FIX MY COMPUTER DUDE of any unauthorized use of your account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF FIX MY COMPUTER DUDE PORTAL
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the FIX MY COMPUTER DUDE Portal by current FIX MY COMPUTER DUDE customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.
As a Guest you may use the FIX MY COMPUTER DUDE Portal and Materials specifically designated as available to guests on the FIX MY COMPUTER DUDE Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by FIX MY COMPUTER DUDE, (b) registering with FIX MY COMPUTER DUDE and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
13. COMMUNICATIONS SERVICES
FIX MY COMPUTER DUDE may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with FIX MY COMPUTER DUDE’s employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
14. LIMITED LICENSES TO USE THE FIX MY COMPUTER DUDE PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the FIX MY COMPUTER DUDE Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
15. GENERAL LICENSE RESTRICTIONS
Any other use of the FIX MY COMPUTER DUDE Portal, Services, Materials or Software, other than as explicitly permitted by FIX MY COMPUTER DUDE is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to FIX MY COMPUTER DUDE and its suppliers. Reverse engineering and recompilation of the Software is strictly prohibited.
16. USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
Cooperate with the FIX MY COMPUTER DUDE Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with FIX MY COMPUTER DUDE support personnel.
Software/Data Backup: You understand and agree that FIX MY COMPUTER DUDE shall under no circumstance be responsible for any lost or corrupted software or data. FIX MY COMPUTER DUDE strongly recommends that you at all times maintain a complete data backup and disaster recovery plan. We strongly recommend availing FIXMY COMPUTER DUDE monthly services to backup data and run periodic virus/spyware updates and scans to avoid any possible malicious attacks
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify FIX MY COMPUTER DUDE immediately of any unauthorized use of your account or any other breach of security. FIX MY COMPUTER DUDE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FIX MY COMPUTER DUDE or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
17. AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of FIX MY COMPUTER DUDE’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in FIX MY COMPUTER DUDE’s ability to schedule a support session. You hereby release FIX MY COMPUTER DUDE from any and all liability, and agree that FIX MY COMPUTER DUDE shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
FIX MY COMPUTER DUDE or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
18. EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
any item or activity not covered by the terms of a Plan Order;
service beyond the duration limitations identified in your Plan Order;
problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the FIX MY COMPUTER DUDE technician instructions for resolving the query.
19. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE FIX MY COMPUTER DUDE PORTAL, OR THROUGH A SERVICE
For your convenience, FIX MY COMPUTER DUDE may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any FIX MY COMPUTER DUDE Web site may be copied or retransmitted unless expressly permitted by FIX MY COMPUTER DUDE.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
20. END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by FIX MY COMPUTER DUDE or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from FIX MY COMPUTER DUDE 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 a EULA unless you first agree to the terms and conditions of the EULA.
21. EULA FOR FIX MY COMPUTER DUDE SOFTWARE
With regard to any Software made available to you by FIX MY COMPUTER DUDE through the FIX MY COMPUTER DUDE Portal for which your acceptance of a separate license agreement is not required (“FIX MY COMPUTER DUDE Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by FIX MY COMPUTER DUDE to use the FIX MY COMPUTER DUDE Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the FIX MY COMPUTER DUDE Software. You agree that the FIX MY COMPUTER DUDE Software is the confidential and proprietary information of FIX MY COMPUTER DUDE or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the FIX MY COMPUTER DUDE Software, or otherwise reduce the FIX MY COMPUTER DUDE Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the FIX MY COMPUTER DUDE Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the FIX MY COMPUTER DUDE Software. You acknowledge that this license is not a sale of intellectual property and that FIX MY COMPUTER DUDE or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the FIX MY COMPUTER DUDE Software and related documentation, as well as any corrections, updates and upgrades. The FIX MY COMPUTER DUDE Software may be used in the United States only, and any export of the FIX MY COMPUTER DUDE Software is strictly prohibited.
22. THIRD PARTY SOFTWARE
As part of the Services, FIX MY COMPUTER DUDE 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 FIX MY COMPUTER DUDE assists you in the acquisition, installation, and/or use of Third Party Software. FIX MY COMPUTER DUDE 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.
Your license to the FIX MY COMPUTER DUDE Software shall remain in full force and effect unless and until terminated by FIX MY COMPUTER DUDE, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the FIX MY COMPUTER DUDE Software and immediately delete the FIX MY COMPUTER DUDE Software from your computer.
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.
23. THIRD PARTY AGREEMENTS
As part of the Services, FIX MY COMPUTER DUDE may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that FIX MY COMPUTER DUDE may elect to make available from time to time. Violation of such third party provider’s terms of service may, in FIX MY COMPUTER DUDE’s sole discretion, result in the termination of your customer account and use of service.
24. LIMITED SERVICE WARRANTY
FIX MY COMPUTER DUDE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW FIX MY COMPUTER DUDE TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
FIX MY COMPUTER DUDE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. FIX MY COMPUTER DUDE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIX MY COMPUTER DUDE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL FIX MY COMPUTER DUDE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
25. LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall FIX MY COMPUTER DUDE be liable to you in excess of the amounts actually paid by you to FIX MY COMPUTER DUDE under the Plan Order that is the subject of the dispute.
26. LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
27. TERM AND TERMINATION
FIX MY COMPUTER DUDE at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of FIX MY COMPUTER DUDE: (a) you are in breach of any of the Terms and Conditions (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, FIX MY COMPUTER DUDE’s network, or the use and enjoyment of FIX MY COMPUTER DUDE’s other users; (c) FIX MY COMPUTER DUDE receives an order from a court to terminate the Service you are availing ; (d) if FIX MY COMPUTER DUDE for any reason ceases to offer the Service; (e) if you are no longer a FIX MY COMPUTER DUDE customer, or (f) FIX MY COMPUTER DUDE determines that you are abusing the Service. FIX MY COMPUTER DUDE, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
28. SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. FIX MY COMPUTER DUDE’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
29. NO OFFER
The FIX MY COMPUTER DUDE Portal is available internationally and may contain references to FIX MY COMPUTER DUDE products, services, and programs that are not available in a viewer’s country. These references do not imply that FIX MY COMPUTER DUDE intends to make such products, services, or programs available in such country.
FIX MY COMPUTER DUDE reserves the right to amend the Terms and Condition, and the FIX MY COMPUTER DUDE Portal at any time by (a) posting a revised version of the Terms and Conditions on the FIX MY COMPUTER DUDE Portal (http://www.fixmycomputerdude.com), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to FIX MY COMPUTER DUDE in connection with registration. You are responsible for regularly reviewing the FIX MY COMPUTER DUDE website to be notified of any amendments to the Terms and Conditions. Your use of the FIX MY COMPUTER DUDE Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
31. LAW FORUM
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of Texas without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.