Absolute Softech Ltdis an independent service provider of remote tech support for third party products. Any use of third party trademarks mentioned on this site, brand names, products and services is only referential and Absolute Softech Ltdhereby disclaims any sponsorship, Affiliation or Endorsement of or by any such third party. Technical support may be provided by the brand owners.
BEFORE ENTERING INTO AN AGREEMENT OR BEFORE GETTING THE SERVICES OF THE Absolute Softech LtdLIMITED READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS.
"The Company" provides the services to the "User(s)" by accessing the services and use of the services subject to the complainces of the terms and conditions as mentioned.
We reserve the right to reserve or to refuse to any one and every one or public at large without any notice whatsoever any reason and no need of explanation is required.
The user hereby represent and warrant to us that
(a) You are at least 18 (eighteen) years old;
(b) You have the right, capacity and authorization necessary to legally bind yourself to the Terms;
(d) You will comply with all treaties, laws, rules and regulations applicable to your use of the Services;
(e) any information you submit to Absolute Softech Ltd is correct and complete; and
(f) any payment or credit card information you supply is correct.
"Absolute Softech Ltd" is a legal entity Incorporated in the United States of America and working under the name and style under under which "the company"provides its technical support services. All references to Absolute Softech Ltd refer to Absolute Softech Ltd
the website www.absolutesoftech.us is defined as " Absolute Softech Ltd Limited Portal " all services include any Service Plan or Product Plan or Plan Order that you enter into with Absolute Softech Ltd through use of the Absolute Softech Ltd web portal located at www.absolutesoftech.us . These Terms govern and apply to all Absolute Softech Ltd. plans available through the Absolute Softech Ltd Portal, and any use of the Absolute Softech Ltd Portal. In the event of any conflict these Terms will prevail and control any Plan Order Form that you submit requesting Services ("Plan Order").
"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 Absolute Softech Ltd Portal. Materials are the proprietary and copyrighted work of Absolute Softech Ltd and/or licensors and its suppliers.
"User(s) can access and avail the support services via telephone, mobile, accessing the PORTAL, websiteor any other means which is made available by Absolute Softech LtdLimited from time to time. The Company will make all commercially and legally allowable and reasonable efforts to answer and resolve your problems related with the use of the technology on fee basis.The fee shall be decided as per the plan available on PORTAL or website or quoted on the phone whatever is applicable. The company may provide the possible portion of the services through remote access, online chat, mail or any other mode of communication as avaiulable to resolve the problem. We may setforth the limits to the technology as per the availability of technological tools for which we are supporting. We may also limit our services as certain supports required the minimum system requirement which shall be provide dby the user.
You acknowledge that by your use of the Services you are authorizing Absolute Softech Ltd to access and control your computer or any other device (collectively "Device") for the purposes of diagnosis, service and repair.
In connection with and for delivering the Services, Absolute Softech Ltd Ltd. may need to gather system data, take remote control of your Device and access or modify your Device settings. By accepting these Terms, you hereby grant Absolute Softech Ltd the right to connect to your Device to gather system data, repair your Device, take remote control of your Device and change the settings on your Device while performing the Services. Other than as set forth in the warranty section below, you agree that Absolute Softech Ltd shall have no responsibility or liability under any circumstance whatsoever at any time for any loss or harm whatsoever that may arise from or may be related to the use or provision of the Services.
Absolute Softech Ltd shall have no obligation for any claim resulting or arising from Absolute Softech Ltd's compliance with your written specifications or directions, including the incorporation of any other materials or processes provided by or requested by you.
We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site's Services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site's services or features by third parties. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict your access to a part of or all of the Site without notice or penalty if we believe you are in breach of these Terms or in violation of applicable laws.
The Services may sometimes not be successful because the problem may be beyond our ability to resolve remotely. If you have purchased an Individual Service from Absolute Softech Ltd, then the following warranty applies: if we are not able to answer your question or resolve your technology problem and you have complied with all of your obligations under these Terms, we will not charge you a fee for the Individual Service. If you experience a problem with the resolution we provided and you call us within five (5) days from the day you originally received the Individual Service, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Individual Service.
Absolute Softech Ltd makes no warranties or representations with respect to advice, guidance, information or other content posted to the Community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Community content and other third party content available on the Site.
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Absolute Softech LtdLIMITED . DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. Absolute Softech Ltd MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order.
Absolute Softech Ltd has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.
Absolute Softech Ltd 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 Absolute Softech Ltd'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.
LIMITED PERMISSION TO USE THE Absolute Softech Ltd PORTAL, MATERIALS
As permitted through a Service, you may use Materials (as defined below) posted on the Absolute Softech Ltd Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL USE RESTRICTIONS
Any other use of the Absolute Softech Ltd Portal, Services, Materials, other than as explicitly permitted by Absolute Softech Ltd is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Absolute Softech Ltd Ltd. and its suppliers..
In connection with obtaining Services, you agree that you will:
1. Cooperate with the Absolute Softech Ltd Engineer: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected with close coordination cooperation between you and the engineer. Please listen carefully to the engineer and follow the engineer's instructions. You must confirm that the following conditions are true:
1.1 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;
1.2 You must have knowledge regarding the hardware system and in the facts and circumstances surrounding the incident;
1.3 The full system, including hardware, is available to you and accessible by you without limit during any telephone discussions with Absolute Softech Ltd support personnel.
2. Data Backup: You understand and agree that Absolute Softech Ltd Ltd. shall under no circumstance be responsible for any lost or corrupted any kind of data belonging to you on the device being serviced or any external device connected to it in anyway, while performing the Services for you. Absolute Softech Ltd strongly recommends that you at all times maintain a complete back up of data and disaster recovery plan.
3. 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 hereby agree to notify Absolute Softech Ltd immediately of any unauthorized use of your account or any other breach of security. Absolute Softech Ltd 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 Absolute Softech Ltd 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.
The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to the Services selected by you, as well as any applicable taxes.
The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.
Your use of the Services is only for your personal and internal business purposes on your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of your technology or providers of services relating to such technology, to access or use the Services.
You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services ("Content") unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Absolute Softech Ltd.'s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to you in connection with the Services do not constitute a sale or transfer of title. Absolute Softech Ltd reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Absolute Softech Ltd. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Absolute Softech Ltd.. Any rights not expressly granted herein are reserved by Absolute Softech Ltd.
You shall not: (a) "mirror" any Content on the Site on any other server without Absolute Softech Ltd's prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Absolute Softech Ltd or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form ("SPAM") in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.
We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.
Except as may be expressly permitted in connection with one of the Site's services, you also may not offer to buy or sell any product or service on or through your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone shall be responsible for the content and consequences of any and all of your activities and you submit Submissions absolutely at your own risk.
By submitting or sending Submissions to us, you hereby : (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submissions are original to you, that no other party has any rights thereto, and that any "moral rights" in Submissions have been waived, and (iii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that you provide to us, nor are we responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such Submissions at any time.
Absolute Softech Ltd respects the proprietary rights of hardware manufacturers and will not install or support materials which are unlicensed to the best of its knowledge. The Services, and the Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Absolute Softech Ltd is the copyright owner or licensee of the Services, and Content, unless otherwise indicated. If you make use of the Services or Content, other than as expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
Currently, the Services are only available for residents of the United States and Canada. Absolute Softech Ltd may, from time to time, offer promotions to residents of other countries. You hereby agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You hereby represent and warrant that you are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Absolute Softech Ltd Ltd.'s reasonable control (e.g., acts of God, a outbreak of computer viruses, 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 Absolute Softech Ltd Ltd.'s ability to schedule a support session. You hereby release Absolute Softech Ltd from any and all liability, and agree that Absolute Softech Ltd shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Absolute Softech Ltd 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.
Absolute Softech Ltd is not obligated to perform any the following:
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in your Plan Order;
3. 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;
4. Operating system added to the registered hardware products which are out of scope for the Service Plan;
5. Problems that may and do result inter alia from:
5.1 External causes such as accident, abuse, misuse, or problems with electrical power; 5.2 Usage that is not in accordance with product instructions provided by manufacture; 5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance; 5.4 Problems caused by using accessories, parts, or components not compatible with the product: or 5.5 Non-Compliance with the Absolute Softech Ltd engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AVAILABLE ON THE Absolute Softech Ltd PORTAL, OR THROUGH A SERVICE
For your convenience, Absolute Softech Ltd may make available Materials (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials , or (b) if there is no EULA, these Terms.
The Materials 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 Absolute Softech Ltd Web site may be copied or retransmitted unless expressly permitted in writing by Absolute Softech Ltd.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS 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 .
Absolute Softech Ltd in its sole election may terminate or suspend your Service immediately without notice if:
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. Absolute Softech Ltd'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 Absolute Softech Ltd Portal is available internationally and may contain references to Absolute Softech Ltd products, services, and programs that are not available in a viewer's country. These references do not imply that Absolute Softech Ltd intends to make such products, services, or programs available in such country.
Absolute Softech Ltd reserves the right to amend the Terms, and the Absolute Softech Ltd Portal at any time by (a) posting a revised version of the Terms on the Absolute Softech Ltd Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Absolute Softech Ltd in connection with registration. You are responsible for regularly reviewing the Absolute Softech Ltd website to be notified of any amendments to the Terms. Your use of the Absolute Softech Ltd Portal or the Services after an amendment to the Terms shall be deemed acceptance by you of the amended Terms.
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 New York without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. You further agree to the jurisdiction of the federal and state courts situated in the state of New York.
You and Absolute Softech Ltd will attempt to resolve any Dispute through negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. In the event we are unable to resolve the Dispute within 30 days of notice of the Dispute to the other party, we shall be free to pursue all remedies available at law or in equity.
This version of the Terms is effective as of July 2013. The Agreement governs your use of the Services, superseding any prior or contemporaneous agreements between you and Absolute Softech Ltd. The failure of Absolute Softech Ltd to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign the Agreement or any of your rights or obligations under the Agreement without Absolute Softech Ltdâ€™s express written consent. The Agreement inures to the benefit of Absolute Softech Ltd.â€™s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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