Effective Date: 13th August 2012
"You" means you individually, any person, including any employer that you are acting on behalf of.
"Subscription Based Plans"
"Subscription Based Plans" are tenured Subscription plans offered by HelpGurus.com that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like.
"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 HelpGurus.com are the proprietary and copyrighted work of HelpGurus.com. Through HelpGurus.com and/or its suppliers. The definition of other HelpGurus.com includes owned, operated, licensed or controlled site.
"Software" means a computer program of any kind, whether owned by HelpGurus.com., through HelpGurus.com 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 HelpGurus.com Software and Third Party Software.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders to HelpGurus.com or by calling HelpGurus.com. Once HelpGurus.com accepts the Plan Order submitted by you, then you will receive an email from HelpGurus.com at the email address that you provide or have provided to HelpGurus.com as part of the Registration Process for the Services. HelpGurus.com is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by HelpGurus.com of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan. Through HelpGurus.com will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, HelpGurus.com will attempt problem diagnosis and a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances including remote access. 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 HelpGurus.com Limited Warranty, which is set forth below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. HelpGurus.com 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 certain Service Plans may have one-time fee including, but not limited to "Service Fee" and/or "Activation Fee". This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.
When you purchased the Service, you agreed to specific price and plan, which may have included a term of one, two or three years ("Term Plan"). Similarly, some plans may offer a discount on the Service if you sign up for other HelpGurus.com services ("Bundle Discount"). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the term expires; (2) you drop one of the HelpGurus.com services you were required to purchase to receive the special rate; or (3) You terminate the agreement/Service before the expiry of the term.
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 HelpGurus.com. Through HelpGurus.com 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 HelpGurus.com and/or any other company who bills products or services, or acts as billing agent for HelpGurus.com 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 HelpGurus.com with updated credit card information upon HelpGurus.com request and any time the information you previously provided is no longer valid. You acknowledge and agree that HelpGurus.com, nor any HelpGurus.com 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 HelpGurus.com 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.
For subscription based plans; a full refund will be issued if HelpGurus.com has not been able to resolve even a single issue for you within the first 15 days of the subscription.
For incident based plans, you will be eligible for refund when any of the following criterion are met:
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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HelpGurus.com or any of its 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 HelpGurus.com server, or the network(s) connected to any HelpGurus.com server, or interferes with any other party's use and enjoyment of any of the HelpGurus.com, the Materials, Software or Services. You may not attempt to gain unauthorized access to any HelpGurus.com, the Materials, Software or Services, other accounts, computer systems or networks connected to any HelpGurus.com server or to any of the HelpGurus.com, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any HelpGurus.com, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though HelpGurus.com 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 HelpGurus.com "fair use" policy. Under this policy, if at any time, in HelpGurus.com 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 HelpGurus.com reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, HelpGurus.com reserves the right to suspend or terminate any Subscription Services of any Subscriber that HelpGurus.com, 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 HelpGurus.com. Through HelpGurus.com; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
USE OF COMMUNICATIONS SERVICES
You agree to use the Communication Services only to post, send, and receive messages and material that is proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
HelpGurus.com has no obligation to monitor the Communication Services. However, HelpGurus.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. HelpGurus.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
HelpGurus.com reserves the right at all times to disclose any information as HelpGurus.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HelpGurus.com sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You may not create hyperlinks to any portion of the HelpGurus.com, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold HelpGurus.com, 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 HelpGurus.com defence of any claim. HelpGurus.com, reserves the right, at its own expense, to assume the exclusive defence 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 HelpGurus.com. You agree immediately to notify HelpGurus.com of any unauthorized use of your account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF HelpGurus.com
If you are not currently subscribed for a Service, then you is regarded as a "Guest". Usage of the HelpGurus.com by current HelpGurus.com 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 HelpGurus.com and Materials specifically designated as available to guests on the HelpGurus.com for the limited purposes of (a) deciding whether to subscribe to the Services provided by HelpGurus.com, (b) registering with HelpGurus.com and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
Through HelpGurus.com 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 HelpGurus.com 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.
LIMITED LICENSES TO USE THE HelpGurus.com, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the HelpGurus.com, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other uses of the HelpGurus.com, its Services, Materials or Software, other than as explicitly permitted by HelpGurus.com is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to HelpGurus.com and its suppliers. Reverse engineering and recompilations of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of HelpGurus.com 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 HelpGurus.com ability to schedule a support session. You hereby release HelpGurus.com from any and all liability, and agree that HelpGurus.com shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
Through HelpGurus.com 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.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE HelpGurus.com, OR THROUGH A SERVICE
For your convenience, HelpGurus.com 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 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 HelpGurus.com Web site may be copied or retransmitted unless expressly permitted by HelpGurus.com.
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.
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 HelpGurus.com 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 HelpGurus.com 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.
EULA FOR HelpGurus.com SOFTWARE
With regard to any Software made available to you by HelpGurus.com through the HelpGurus.com for which your acceptance of a separate license agreement is not required ("HelpGurus.com Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by HelpGurus.com to use the HelpGurus.com 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 HelpGurus.com Software. You agree that the HelpGurus.com Software is the confidential and proprietary information of HelpGurus.com 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 HelpGurus.com Software, or otherwise reduce the HelpGurus.com 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 HelpGurus.com 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 HelpGurus.com Software. You acknowledge that this license is not a sale of intellectual property and that HelpGurus.com 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 HelpGurus.com Software and related documentation, as well as any corrections, updates and upgrades. The HelpGurus.com Software may be used in the United States only, and any export of the HelpGurus.com Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, HelpGurus.com 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 HelpGurus.com assists you in the acquisition, installation, and/or use of Third Party Software. HelpGurus.com 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 HelpGurus.com Software shall remain in full force and effect unless and until terminated by HelpGurus.com, 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 HelpGurus.com Software and immediately delete the HelpGurus.com 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.
THIRD PARTY AGREEMENTS
As part of the Services, HelpGurus.com 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, training, music, gaming and storage services that HelpGurus.com may elect to make available from time to time. Violation of such third party provider's terms of service may, in HelpGurus.com sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
HelpGurus.com, DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY 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 HelpGurus.com TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE HelpGurus.com SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT HelpGurus.com 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. HelpGurus.com 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. HelpGurus.com 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 HelpGurus.com 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.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall HelpGurus.com be liable to you in excess of the amounts actually paid by you to HelpGurus.com under the Plan Order that is the subject of the dispute.
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.
TERM AND TERMINATION
Through HelpGurus.com at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of HelpGurus.com: (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, HelpGurus.com network, or the use and enjoyment of HelpGurus.com other users; (c) HelpGurus.com receives an order from a court to terminate the Service you are availing ; (d) if HelpGurus.com for any reason ceases to offer the Service; (e) if you are no longer a HelpGurus.com customer, or (f) HelpGurus.com determines that you are abusing the Service. HelpGurus.com, 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.
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. HelpGurus.com 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.
The HelpGurus.com is available internationally and may contain references to HelpGurus.com products, services, and programs that are not available in a viewer's country. These references do not imply that I HelpGurus.com intend to make such products, services, or programs available in such country.
HelpGurus.com reserves the right to amend the Terms and Condition, and the HelpGurus.com at any time by (a) posting a revised version of the Terms and Conditions on the HelpGurus.com, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to HelpGurus.com in connection with registration. You are responsible for regularly reviewing the HelpGurus.com website to be notified of any amendments to the Terms and Conditions. Your use of the HelpGurus.com or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
VENUE FOR ALL DISPUTES
The User's access and use of this Site and its services and our provision of all services shall be deemed to occur on the HelpGurus.com, and not in any other location. User agrees that any claim, proceeding, action or demand for relief of any kind by User as to HelpGurus.com that arises out of, or is related to the services provided by this Site, the representations allegedly relied upon or the effect of the services provided or not provided, as well as any alleged breach of this Agreement, shall be made and resolved in an arbitration in the location stated in this paragraph. The User likewise waives all rights to demand the initiation and resolution of any such proceeding in another venue.