|
|
 |
|
Terms of Service
|
By completing the registration process and clicking the "I Accept" button, you are indicating your agreement to be bound by the following Terms of Service:
1. Availability of Services
Ask Dr. Tech's telephone support services and online technical support services and products (collectively, the "Membership Services") are available only to one (1) registered user (each, a "Member") for the one (1) or more computer systems registered (each, a "Registered System") with Ask Dr. Tech under the Home Plan, Home Plan Plus, Home Plan Premier, or the Business Plan. Toll-free telephone support is only available to Members calling from within the United States. Depot and Onsite Repair Services and Replacement Parts coverage are not available to members outside the Continental United States.
2. Supported Technology
The Membership Services include telephone support services and online technical support services for the following platforms, devices, operating systems, applications and other items listed here. As new computer technology becomes generally available, Ask Dr. Tech will use its best efforts to support such technology also.
3. Ask Dr. Tech's Responsibilities
Ask Dr. Tech will use its best efforts to resolve Members' basic computer technical problems for a Registered System. Ask Dr. Tech will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Live and online response times may be delayed due to research and inquiries, as may be necessary. Ask Dr. Tech's live or online technical support does not assure that every request for technical support will be resolved to Member's satisfaction, and Ask Dr. Tech's responses constitute only technical advice or suggestions. Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic or online support. Ask Dr. Tech has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve Member's technical problem.
4. Member's Responsibilities
Member is responsible for providing Ask Dr. Tech with complete information concerning each Registered System, and to notify Ask Dr. Tech by email in the event Member wishes to change a Registered System. Prior to seeking technical support, Member is solely responsible for adequate protection and backup of Member's data, software and/or hardware. Member shall not provide Member's password to any third person or permit its use by any third person. Member understands and acknowledges that neither Ask Dr. Tech nor any of its third-party product or service providers shall be responsible for any lost data, re-run time, inaccurate output, or work delays resulting from any technical support services, other services, or products provided by Ask Dr. Tech.
5. Repair Services and Parts Replacement
Depot and Onsite Repair Services, and Parts Replacement coverage provided under the appropriate membership plan shall only be available to the member 30 days after the effective date of a new or upgraded membership. Members enrolled before August 20, 2002 are not eligible for Onsite Repair Services or Parts Replacement coverage under their Plan membership. Business Plan Members enrolled before August 20, 2002 will be renewed at their original membership rate, but no Onsite Repair Services or Replacement Parts coverage will be provided unless the Business Plan Member purchases an upgrade to full membership coverage. Depot services under the Home Plan Plus will be provided by third party affiliates of Ask Dr. Tech as long as the Member ships the Registered System at his/her own costs directly to the third party service provider. The third party provider shall pay shipping charges for the return of the Registered System. Additional charges for necessary replacement parts will apply subject to Member approval. Next day Onsite Repair Services provided under the Home Plan Premier is provided by or arranged by a third party affiliate of Ask Dr. Tech. Next day service must be called in between the hours of 8:00 AM - 2:00 PM Pacific Standard Time to receive next business day service. Ask Dr. Tech reserves the right to change third party service providers without notice to the Member. Replacement parts covered the Home Plan Premier and the Business Plan shall be limited to certain available parts and price limits. Refer to the Supported Items page for details. Service provider makes no representation nor does it guaranty exact replacement parts. Member agrees that the repair service provider has the sole discretion to use new, refurbished, or reasonably comparable parts, if necessary. No depot or onsite repairs services, and no replacement parts are available for any laptop computers or handheld devices. No depot or onsite repair services, and no replacement parts are available for Macintosh systems.
6. Optional Services
Optional onsite services for software, hardware, installations, training, and other support services outside the scope of the standard services are available on an hourly basis. Additional service charges will apply and will be quoted on a case-by-case basis. Direct billing will be handled by Ask Dr. Tech.
7. Third-Party Link and Content Disclaimer
Links contained in Ask Dr. Tech's website may cause a user to leave the Ask Dr. Tech website. Such linked websites are not under the control of Ask Dr. Tech and Ask Dr. Tech is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. Ask Dr. Tech provides these links from the Ask Dr. Tech website only as a convenience, and the inclusion of any link does not imply any endorsement by Ask Dr. Tech of the website or any of its contents. All users use materials and information in third-party websites at their own risk.
8. Ask Dr. Tech Privacy Policy; Third-Party Privacy Practices
All use of the Membership Services and the Ask Dr. Tech website is subject to Ask Dr. Tech's Privacy Policy, which may be reviewed by clicking here. Though Ask Dr. Tech promotes responsible privacy policies, Ask Dr. Tech cannot control or be responsible for the privacy practices of third-party websites or service providers to which the Ask Dr. Tech website contains links, or for the privacy practices of providers of software or other repair services or products that are available from the Ask Dr. Tech website or membership plan.
9. Renewal and Cancellation
Each Ask Dr. Tech membership will be automatically renewed for another annual membership term on the anniversary of Member's original enrollment date (the "Anniversary"), at the same annual fee and plan type, unless Member notifies Ask Dr. Tech thirty (30) days prior to the Anniversary that Member elects not to renew the membership. Member must contact Ask Dr. Tech's Sales and Customer Service Center at (914) 729-6620 in order to notify Ask Dr. Tech of the non-renewal, and must present the correct membership, credit card, and registration information for verification and authorization to cancel. Refunds will not be given for cancelled accounts.
10. Memberships Non-Transferable
Ask Dr. Tech memberships, and all rights of Members to receive Membership Services, are non-transferable.
11. NO WARRANTIES
ASK DR. TECH'S MEMBERSHIP SERVICES, THE ASK DR. TECH WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE ASK DR. TECH WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY ASK DR. TECH AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ASK DR. TECH ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE MEMBERSHIP SERVICES, THE ASK DR. TECH WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE ASK DR. TECH WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY ASK DR. TECH OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL ASK DR. TECH BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE MEMBERSHIP SERVICES, THE ASK DR. TECH WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE ASK DR. TECH WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY ASK DR. TECH OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Force Majeure
In the event Ask Dr. Tech's delivery of the Membership Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond Ask Dr. Tech's reasonable control, then Ask Dr. Tech shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
14. Modifications to Terms of Service
Ask Dr. Tech reserves the right to amend the Terms of Service that govern use of the Membership Services and the Ask Dr. Tech website at any time by (a) posting a revised version of the Terms of Service on the Ask Dr. Tech website (www.askdrtech.com/termsofservice.asp), or by (b) sending information regarding any amendment to the Terms of Service to the email address Member provides to Ask Dr. Tech. Member is responsible for regularly reviewing the Ask Dr. Tech website to be notified of any amendments to the Terms of Service. Member's continued use of the Membership Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Member shall be deemed acceptance by Member of the amended Terms of Service.
15. Fair Usage Policy; Suspension or Termination of Memberships
Though Ask Dr. Tech has set no fixed upper limit on the amount of telephone or online support requests a Member may make annually, each Member's use of the Membership Services is subject to Ask Dr. Tech's "fair use" policy. Under this policy, if at any time, in Ask Dr. Tech's sole discretion, Member's use exceeds the level of use reasonably expected from someone using a Home Plan for individual use or a Business Plan for business use, then Ask Dr. Tech reserves the right to suspend or terminate Member's Membership Services. In addition, Ask Dr. Tech reserves the right to suspend or terminate any Membership Services of any Member that Ask Dr. Tech, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member, or (c) for any computer system other than a Registered System.
16. General
In addition to the Terms of Service, Member agrees to be bound by the Privacy Policy and all other legal notices contained on the Ask Dr. Tech website, which collectively constitute the entire agreement between Member and Ask Dr. Tech. Ask Dr. Tech and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. California law will govern any action related to the Terms of Service, without regard to conflict of law principles. The Terms of Service shall be construed as if it was executed and performed in San Francisco, California. Any cause of action by a Member or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. 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. Ask Dr. Tech'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. The Ask Dr. Tech website is available internationally and may contain references to Ask Dr. Tech products, services, and programs that are not available in a viewer's country. These references do not imply that Ask Dr. Tech intends to make such products, services, or programs available in such country.
Copyright © 2004 Ask Dr. Tech. All rights reserved.
|
|
|
|
|
|