You (“You”) agree that by using www.Totaltechcare360.Com (“Website”), such use indicates your acceptance of the terms and conditions set forth below (“Agreement”). This agreement governs your use of this website and all content contained on this website made available by total tech care 360 llc, a limited liability company organized under the laws of the state of wyoming, u.S.A., its successors and assigns (“We” or “Us”).

If you do not accept these terms, you are not permitted to use this website. You acknowledge that you have read and that you understand these terms and conditions and that you are entering into a legally binding agreement with us. Our privacy policy and any other separate policy, legal notice or disclaimer appearing on this website is hereby incorporated into this agreement by reference.

Prohibited Access for Persons Under the Age of 18.

If you are under the age of 18, you are restricted from using any portion of this website and you must exit this website immediately. If you are a parent/guardian, please see our privacy policy for important information related to how we collect and use information from our website visitors and customers.

We may, in our sole and absolute discretion, change the terms contained in this Agreement from time to time. We will post notice of any such changes on the Website prominently and/or notify all registered users the next time they log-on after the any changes are effective. Notwithstanding, You agree to periodically visit these terms of use to determine the then current terms and conditions applicable to your use of this Website and all Materials. If you object to any such changes made by us, your sole recourse shall be to cease using this Website. If you continue to use this Website after notice has been posted regarding any changes, You agree this shall indicate your acceptance of all such amendments.

Limited License to Use this Website

You are granted a single, non-exclusive and revocable license to view and access the content contained on this Website, any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element made available to You (collectively referred to as “Materials”). You agree that no joint venture, partnership, employment or agency relationship exists between You and us as a result of this agreement or your use of this Website. You are responsible for obtaining and maintaining all equipment and services needed for your access to and use of this Website and are responsible for all related charges.

General Website Use Restrictions

As a condition of your access and use of this Website, You agree that: i) You will only use this Website and/or any of the Materials for personal, non-commercial purposes; ii) You will not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with another person’s use and enjoyment of the Website, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; iii) You will not engage in any unauthorized use of any Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; iv) You will not to use any data mining, robots, engage in any “harvesting or similar data gathering or extraction methods in connection with this Website; v) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website; and vi) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.

Compliance with Applicable Laws

We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.

Our Intellectual Property

All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.

Our External Links Policy

We grant You permission to link to this Website, including “deep linking” to web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of “image link on your website using any of the Materials; (2) You will not engage in any “scraping” of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any “framing” of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited. Notwithstanding the foregoing, You, or any of your employees, agents, affiliates or any other person or entity under your control, are restricted from placing any type of external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the website’s content, spam practices, any malware/viruses contained on the website(s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) which has/have in fact been penalized or de-indexed by Google or any other major search engine, or which otherwise has/have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.

Additional Agreements

We provide our online remote PC Membership Services and Individual Services through this Website under our separate Terms of Service (“Service Agreement”). The terms and conditions governing your purchase and use of our Services are contained exclusively in the Other Agreement and this Agreement shall not be deemed or construed to alter the terms of the Other Agreement.

Registration And Termination of Access

When you sign up for to use our services under our free trial, we require that you register and create an account in order to access and use the restricted portions of our Website. Once you register and create your user account, it is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. You agree to provide truthful, accurate, current, and complete information and to update such information for the duration of your use of this Website. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account information, including your log-on information. You are expressly prohibited from sub-licensing, transferring, selling or assigning any rights of use and/or access of your account to any third party and you represent and warrant to us that You shall not allow the same.

You agree that You shall be the only user of the account and will not allow others to use or access restricted portions of this Website, if any, using your account information. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties. Any theft or other breach of the security of your account information must be promptly addressed by You once You become aware of the same and You agree to change your account information or cancel your account. We reserve the right to require You to change your password if we believe that your password is not secure. We may terminate, suspend, or modify your account and access to all or part of this Website, with or without notice, at any time and for any reason in our sole discretion. You may discontinue your registration and/or use and access to the Website at any time. If You breach any of the terms of this Agreement, all rights to access and use this Website or any portion thereof or any of the Materials shall be immediately terminated with or without notice to You. Additionally, if You breach any of these terms, You must immediately destroy any downloaded or printed Materials (and any copies thereof). When you register and create a user account on this Website, we may collect certain personally identifiable information about You including, but not limited to, your email address. How we use this information is controlled by our Privacy and Communications Policy contained on this Website.

Trademarks And Service Marks Notice

All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from “co-branding” this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.

DMCA and Trademark/Service Mark Policy

If any such content uploaded by any of our clients using our services infringes upon any third-party intellectual property rights, we will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Please see our DMCA Policy on this Website for more details and how to notify us of any alleged infringing materials appearing on this Website.

Intellectual Property Disclaimer

Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.

External links Disclaimer

This Website may contain links to third party web sites not owned by us. Any external links are provided as a matter of convenience to You. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so do entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.

Warranty Disclaimer

Use and access of this website and of any of the materials is done at your sole risk. This website and all materials are being provided “As is” and “With all faults. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, regarding your use or the performance of this website or relating to your use of any of the materials in any manner whatsoever including, but not limited to, any implied warranties of merchantability, fitness for a particular use or purpose, title or non-infringement of intellectual property rights. Without limiting the generality of the foregoing, we make no warranty regarding the quality, usefulness, performance or reliability of this website or of any materials or that this website or any materials will meet your expectations of use or that this website will be uninterrupted, secure, error free or that any defects will be corrected in a timely manner by us. We are under no obligation to update any of the materials or other information contained on this website. We do not warrant that this website or any of the materials are appropriate or legal in your jurisdiction or that this website or any of the materials will be free from viruses, worms, trojan horses or any other code, application or program that may contain harmful elements.

Limitations On Liability

You agree that we shall not be liable to you under any circumstances for any direct, indirect, special, consequential, incidental or any other damages of any kind including, but not limited to, lost profits or revenues, lost data or loss of goodwill, or for any other damages whatsoever arising out of or relating to the use or inability to use this website in any manner whatsoever including your use or reliance on any of the materials contained on this website or contained on any third party website you access through this website. We shall not be liable to you as stated herein regardless of the casue of any damage you may incur, including any damages not forseeable by us and regardless of the nature of any claim, whether for breach of contract, by statute, for any torts (including, without limitation, negligence and strict liability) or for any other legal theory, whether or not we have been advised of the same. You acknowledge that you may be waiving rights with respect to claims that are unknown or are unsuspected. Accordingly, you agree to waive the benefit of and your rights under any law that otherwise might limit your waiver of such claims including, to the extent applicable, california civil code $1542.

Exceptions to Disclaimers And Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Indemnification by You

You agree to indemnify and hold us harmless, including our directors, officers, shareholders, members, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.

Testimonials And Endorsements

Some individuals who provide any endorsements or testimonials appearing on this website periodically may receive certain consideration by us, including coupons, free merchandise, cash or other gifts in exchange for the effort and time of providing an endorsement. However, we do not intend nor have we attempted to induce any type of positive review from any endorser that is not reflective of his or her true opinions and beliefs about our services being endorsed. We have only provided such consideration strictly in exchange for the endorsers’ time and efforts. Additionally, we expressly require that anyone who provides a positive review about any of our products or services does so in good faith and based upon his/her honest experiences and beliefs. We do not independently verify, nor do we ask for proof of verification, of any claims made by any of our endorsers.

Privacy And Communications Policy Consent

By using this Website, You consent to our use of any personal information provided by You through your use of this Website pursuant to the terms contained in our Privacy and Communications Policy. You also acknowledge that You have read and understand these terms before You submit any personal information on this Website for any reason.

Anti-Spam Policy

We intend to comply with the requirements of the CAN-SPAM Act (15 U.S.C. $ 7701 et. seq.) at all times. We do not engage in sending any unsolicited SPAM or junk mail of any kind including sending out any email communications in bulk or by a single mailing to anyone. However, if You have registered to this Website or subscribed to receive any materials from us and provided your email, You may receive promotional emails regarding upcoming product offers, sales, contests, etc. We do not consider such communications to be unsolicited SPAM. You will always have an option to opt-out of receiving any such communications from us. Please see our Privacy and Communications Policy for more information on how we use any information we collect from You.

No person who accesses or uses this Website, including any registered users, may use any information collected from this Website to send any unsolicited email communications or email communications otherwise in violation of the CAN-SPAM Act. Such activities are strictly prohibited and a violation of these terms. We will immediately terminate the user account of any registered user (to the extent applicable) who has violated this provision. If You would like to contact us for any other reason relating to this policy, including making any complaints regarding any emails sent to You, please contact us at support@totaltechcare360.com. If you would like to opt-out of marketing or promotional emails, please either click “unsubscribe” in the body of the email communication, or send an email to support@totaltechcare360.com to be removed.

Miscellaneous:

A. Severability
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

B. Entire Agreement
Except for the Privacy and Communications Policy or the terms of any Other Agreement, these terms supersede any and all prior and existing agreements, whether oral or in writing, between You and us with respect to your use and access of this Website and constitutes the entire agreement between the parties. This Agreement will be expressly incorporated by reference in each and every agreement between You and us regarding your use and access of this Website, including the terms of any Other Agreement.

C. Arbitration

You agree to give up your rights to bring any claims relating to this agreement and/or your use of this website in general including the right to a jury or bench trial and/or to initiate or participate in a class action lawsuit against us before a court of law or other legal tribunal and to resolve all disputes or claims exclusively by arbitration other than any disputes or claims related to the protection of any intellectual property rights. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between you and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the american arbitration association (“Aaa”) and shall be administered by the aaa. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this agreement.

Any arbitration proceeding shall be exclusively brought and heard in a federal or state court, situated in sheridan, wyoming. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either you or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the aaa. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If you do not send a written notice to us within the requisite one (1) year period, you agree that any such claim (or claims) shall be waived and are hereby released by you and you shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.

D. Venue/Choice of Law

Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a federal or state court situated in Sheridan, Wyoming and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of Wyoming without regard to any applicable provincial conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

E. Waiver

The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.

F. Termination of Website Services

We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.

G. Headings/Construction

The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.

H. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.

I. Notice

Except as explicitly stated otherwise, any notice to us shall be given by email to: support@totaltechcare360.com. Any notice to you shall be sent to the email address that you provide to us during the registration process. Notice shall be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. You may also send notices to us by certified mail, postage prepaid and return receipt requested, to the following address: Total Tech Care 360 30 N Gould Suite #5319 Sheridan Wyoming USA. Alternatively, either party may give notice by overnight courier mail through a nationally recognized courier service, which notice will be effective when actually received.

PERFORMANCE REFUND

With respect to any claim that any of the Services were deficient, you must notify us within Seven (7) calendar days following our completion of such Services, or portion thereof, comprising a separate task or issue. If you fail to give the Company written notice of such deficiency within such seven (7) day period, the Company will not be required to remedy such deficiency. Provided that you give Company notice in accordance with this paragraph, the Company agrees to use commercially  reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give the Company reasonable access to your Computer Systems and Devices covered by the Services if necessary to enable such efforts. If the Company, using commercially  reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in this Agreement. You must give us an opportunity  to connect and fix the issue during the seven day warranty period. If You close-out the remote session, we will not be liable to You for any partial or full refund. If, after using commercially reasonable efforts, we are unable to remedy any deficiency in Services provided, then we may, in our sole discretion, elect to issue you a refund for the deficiencies on the Services provided in the amount deemed appropriate by us. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified  in this Agreement. If it is deemed that a refund should be issued to You, a credit will be issued to the credit card or payment device that was used to purchase the Services.

 

General Termination & Refunds

You may terminate this Agreement before the expiration of the Term (or any applicable renewal term) for any reason, or for no  reason, by sending an email to  support@totaltechcare360.com with the subject line “Cancellation.” Include your stated desire to cancel in the body of your email and reference the Services. Upon receipt of your email, we will send You written confirmation that  this Agreement has been terminated and, upon such termination, this Agreement will terminate and we will stop debiting your credit card or other payment method.

You may request that we provide to You a refund for any amounts previously billed to You,provided such request is made by You within 7 days from the date You have subscribed to receive any Services and further provided that such Services, or any portion thereof,  have not been rendered by us. Once any portion of the Services have been rendered, that portion of the Services is non-refundable. However, we will refund to You a prorated amount of any charges previously billed representing the amount of the portion of Services  not yet rendered by us. Once services are rendered they are non-refundable. If you cancel this Agreement at any time  before payment of any remaining fees due for the then current Term or period covering the cancellation date, we shall debit your credit card or other payment method after cancellation for this final charge in full and You shall remain liable for all remaining  fees required to be paid during the Term. In the event this Agreement is terminated, such termination shall be effective beginning at 12:00 a.m. MST (GMT-7 hours) the day following the date You send email notice to us. Notwithstanding, If you fail to accept  an update or amendment of this Agreement (as described in this Agreement), this Agreement shall automatically terminate.

If you choose to terminate your membership, the terms of this Agreement regarding any Content you have uploaded remain applicable Content that you have posted to the Website, other than Content that has been published, may not be deleted or retired as a result of your termination. We will retain any of your Identity Information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures. You acknowledge that the Company is not obligated to provide a copy of your Content or data to You or to any third party, and that upon termination or expiration of this Agreement for any reason, the Company may purge your Content from its servers without notice to You.

We may terminate this Agreement at any time in our sole discretion and terminate your use and access of our Website prior to the end of the Term by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services; or iii) if, in our sole discretion, we deem that You are abusing the Services by exceeding the level of use reasonably expected from a single account. Upon the termination or expiration of your account or this Agreement for any reason, your right to use the Services and your access to the Services (including any Content you submit) shall immediately terminate, and you must immediately return any materials, software, etc. provided to You by the Company, to the extent applicable. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid fees for any of the Services, regardless whether the same have been rendered by us or not.

Unless noted otherwise in the product description, items we sell are covered under our 30 day return policy as follows: You may return any unused product purchased on this Website within 30 days from the date of purchase, provided the returned product(s) is undamaged and is in its complete and original condition (including all documentation, media or all other separate items or components included in the original shipment). Any items You return cannot show signs of wear and/or installation or otherwise any use, or no refund will be provided whatsoever. We will refund the purchase price of the returned product upon receipt of your return shipment, less all shipping and handling charges You have paid, which are non-refundable, and we will charge a 20% restocking fee, which will be deducted from the refund amount to cover fees and possible shipping costs charged to us relating to the return. All returns must be shipped (postmarked) to us no later than 15 days after any request for return is approved by us. Failure to follow the return instructions included with the product or posted on this Website shall render any obligation by us to refund your purchase price null and void. Unless otherwise noted during your purchase, products may be returned in an opened box or opened packaging. Please sign into your account, then please click ‘View Order’ under the Order Detail & Tracking tab, then click ‘Return Request’ next to the item you wish to send back. Check the box next to the item and choose the reason for the return. After you hit next you will then be able to print a prepaid return shipping label to use to ship the items back to us. Actually, you’ll get two labels, one for UPS and one for the USPS Mail Innovations. Please use the shipping method that works best for you. If you use the UPS ground label you may drop the package at any UPS location. If you choose USPS (UPS Mail Innovations) label you may give the package to the United States Post Office.  Returns will be refunded in the original method of payment. Do not send items back through other means or without obtaining a return authorization as your package may be sent back to you. You may request a return online by signing into your account, via phone 888-632-6638, or email support@totaltechcare360.com. Usual turnaround time is 1-2 weeks from time shipped to when refund is issued.

However, if any items (or components or accessories of any items) You receive are missing, incorrect, damaged, or “breaks” upon your installation and use of the same due to the part being inherently defective, upon our receipt and inspection of the returned product from You, which must be done within the 30 day refund period, we will then promptly send You any missing or replacement item(s) or component(s) at our sole cost, or we reserve the right to instead refund the total purchase price to You with no restocking fee deduction or other offset, including refunding Your shipping and handling costs, which such option shall be determined by us in our sole discretion. We will provide You with a return shipping label for your return shipment of any damaged product or any incomplete product which must be returned to us. You agree that our correction of the same or our refund of the purchase price and shipping and handling costs shall be your sole remedy in the event You receive any missing, damaged, incorrect or defective items from us.

You are responsible for all risk of loss for any returned products. We shall not be responsible for any returned products that are lost or damaged during the return shipment. Shipping confirmation should be used with the return shipment. We should be contacted during normal business hours for return approval.

Excluded Items:

Notwithstanding our Return Policy, the following items may only be returned if they are damaged at the time of shipment, are incorrect or are missing any parts or accessories included with your purchase of such item(s) upon delivery to You: Clearance Items may not be returned or exchanged and Gift Cards and Electronic Gift Cards are also final and cannot be returned or refunded except where prohibited by law. These items are not covered by our return policy.

Modifications

We reserve the right, at any time, to amend the provisions of this Agreement. If you do not accept any amendments, this Agreement will terminate. Please regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, We will notify You upon the first time you log-in to use the Services upon such changes by us and such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy, as well as the Website Terms of Use in effect at the time of such use. Please regularly review the Terms of Use on the home page of the Website to view the then-current Terms of Use, Terms of Service and Privacy Policy.

Membership Services

The services the subject of this Agreement consist of full access and use of our online remote PC support services platform provided through this Website (“Services”). “Services” as used throughout this Agreement shall collectively include services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”). We will use commercially reasonable efforts to answer your technology questions and resolve your technology problems for a fee as set forth in the Website or as estimated on the telephone, as applicable. We may provide certain portions of the Services via remote control session, online chat or e-mail, as we deem necessary in order to resolve your technical issue the subject of any portion of the Services at any time provided to You by us. We may set forth limits to the technology we support and certain Services may have minimum system requirements, as stated on our Website.

Consent To Access And Modify Your Devices/Computer Systems and Peripherals

You hereby acknowledge that by your use of the Services and by entering into this Agreement, You are authorizing our employees, agents or third party service providers with the right to allow necessary remote access of your computer systems, computers, software, network devices, servers, phones, tablets, mobile devices, peripherals and/or any other hardware, systems or devices (collectively “Computer Systems and Devices”) covered by and in connection with the Services for the purposes of diagnosis, service and repair. This means You authorize us to open, view, modify, edit, delete, or otherwise manipulate your computer software, applications, data, and data storage media including, without limitation, your computer operating system, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your Computer Systems and Devices. You also consent to the downloading and/or installation of software or other products by us on your Computer Systems and Devices as part of the Services, including without limitation, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware which the Company may elect to install.

User Content

In the course of using the Services, You may submit or otherwise provide data and other content (“Content”) to us and/or any person or entity upon which we rely upon to host or provide any Third Party Software (as defined below), our Website or the Services. You represent that You have obtained all necessary rights and licenses to use any such Content, as applicable. You hereby grant to us and to our employees, agents and to our third party providers a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, transferable, sub-licensable right and license to use, copy, store, transmit and disclose your Content for the limited purposes of  fulfilling our obligations to You and to provide the Services to You described in this Agreement. We reserve the right to delete from our servers any such Content at any time in our sole discretion without notice or liability to You.

Availability Of Services

You acknowledge that the Services may not be available at all times, and may not be available in the format generally marketed, and some Computer Systems and Devices may not be able to receive the Services even if initial testing shows that your connection was qualified or your computer environment was suitable. In order for you to receive the Services, which will be provided remotely, the Company will qualify your Internet connection for the minimum line rate (speed) available for support based on the Company’s standard line qualification procedures. You acknowledge that the Services require high-speed Internet access and that it is your responsibility to ensure that you have adequate connectivity to the Internet.

You acknowledge and agree that the Company, its third party service providers and/or its licensors or other third parties may, at any time, without notice or liability, take actions which restrict the use of the Services or limit the time of availability of the Services if: (a) your use of the Services puts an excessive burden on the Services or the Company’s network (as determined by the Company in its sole discretion); or (b) in order to perform maintenance activities, make modifications to the Services and to maintain session control; or (c) in the event of a denial of service attack or other attack on the Services or other event that the Company determines, in its sole discretion, may create a risk to the Services to You, to any of our other customers, or to others.

Scheduling of Services

For all Services that require scheduling a session with the Company, the Company will use commercially reasonable efforts to schedule a mutually convenient Service session within a reasonable period of time. However, you acknowledge that circumstances outside of the Company’s control (for example, a large scale outbreak of a new computer virus), scheduling conflicts and/or other unforeseen circumstances may cause significant delays in the Company’s ability to schedule a Service session and/or to otherwise attend a scheduled Service session. In the event that such circumstances cause the Company to miss a scheduled Service Session, the Company will use commercially reasonable efforts to re-schedule a mutually convenient Service session within a reasonable period of time.

Services Use Restrictions & Requirements

You acknowledge and agree that any unauthorized use, copying or distribution of our Website and all other separate Website elements, the Services or Materials (as defined in our Website Terms of Use) is expressly prohibited by law. Without limitation, You agree not to do any of the following: (i) Attempt to gain unauthorized access to any portion of the Website or to other accounts, computer systems or networks connected to the Website, whether through hacking, password mining or any other means; (ii) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; (iii) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; (iv) Engage in any systematic extraction of data or data fields, including without limitation e-mail addresses; (v) Disrupt, interfere with or inhibit any other person’s use and enjoyment of the Services; (vi) Violate our rights or any third party rights, including without limitation abuse, defame, defraud, harass, stalk, threaten or otherwise violate our legal rights (such as rights of privacy and publicity) or any third party legal rights; (vii) Use our domain name as a false or pseudonymous return e-mail address; (viii) Use our business or domain name to market or sell any goods or services (including advertising and making offers to buy or sell goods or services or implying that we in any manner endorse or are associated with such goods and services), unless we have given our prior written consent; (ix) Use any portion of the Website in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Website or any networks connected to the Website; (x) Access or use the Website or the Services in any manner that could damage, disable, overburden or impair any of our servers or the networks connected to any of our servers; or (xi) resell any portion of the Services or use the Services or any portion thereof for high volume purposes or as a virtual support center, as determined by us in our sole discretion (or engage in similar activities); or (xii) not use the Services for the users and Computer Systems and Devices not specifically registered with us or otherwise authorized by the us for your use in connection with the Services.

In addition, You agree that at all times You will comply with the our minimum system and hardware requirements, which we may change from time to time at our sole discretion, and You acknowledge that we have the right to terminate this Agreement and the Services if you do not comply with the our minimum system and hardware requirements.

Third Party Software

You may be required to install certain software provided by third parties on your Computer Systems and Devices covered by the Services (“Third Party Software”) to assist us in providing the Services to You. You agree to install and use the software in executable form only, as directed by us. We reserve the right to terminate this Agreement and your use of the Services if You: (i) do not install all of the required software on your Computer Systems and Devices covered by the Services (as applicable and as directed by the Company) or (ii) alter, modify or disable any of the required software or its settings or configurations upon our direction. We do not license any Third Party Software to you or make any representation or warranty regarding the 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 prior to installation or use of the Third Party Software, even if we assist You in the acquisition, installation, and/or use of Third Party Software. You must ensure that You comply with the terms and conditions under which you licensed all Third Party Software or purchased any equipment. We do not warrant or represent 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.

Assistance and Support:

The Company will provide technical assistance and support for the Third Party Software in accordance with its then current policies, which the Company may change from time to time in its sole discretion. To the extent that the Company provides technical assistance and support for any Third Party Software or equipment, you agree to comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. The Company makes no representation or warranty that it is an authorized service provider for any Third Party Software or for any equipment, and you acknowledge and agree that it is your sole responsibility to determine if you require additional rights for the Company 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.

Export Controls:

Any Third Party Software and any related technical data or underlying information (collectively, the ‘Controlled Technology’) are or may be subject to the export and import laws of the United States and other countries. You agree to comply with all export and import laws and regulations, including the U.S. Export Administration Act and its associated regulations. None of the Controlled Technology may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods; or (b) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or Nonproliferation Sanctions List. By accessing, using or receiving the Controlled Technology, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are liable to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.

Intellectual Property Notice

All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material (collectively “Content”) which is protected by copyright, trademark or other proprietary rights by us or affiliates or other third parties. No Content may be used without our prior written consent. We retain all right, ownership, title and interest in all Content, whether or not we have registered for or has been granted any such protections under State and/or Federal law.

We are not affiliated with Microsoft, Apple or any other email provider or internet service provider who may offer their own support services.

INITIAL 20 MINUTE SERVICES PERIOD

If you choose to receive Subscription Services from us, We will use commercially reasonable efforts to troubleshoot, analyze, assess and correct the problem you are experiencing. If We are unable to recommend a solution for your problem within the first 20 minutes of providing service, the Company will not charge you for such 20 minutes of service. If you decide to continue further use the Company’s services to correct the problem, you will be charged by the Company for such additional services as applicable to the Agreement.

Membership Term & Automatic Renewal

If you choose to receive Subscription Services from us, We will use commercially reasonable efforts to troubleshoot, analyze, assess and correct the problem you are experiencing. If We are unable to recommend a solution for your problem within the first 20 minutes of providing service, the Company will not charge you for such 20 minutes of service. If you decide to continue further use the Company’s services to correct the problem, you will be charged by the Company for such additional services as applicable to the Agreement.

You agree to purchase a membership to access the services you have elected to purchase through our website on a paid basis under the terms set forth in this agreement for the membership term, unless you cancel this agreement as set forth below, in which case this agreement will terminate at 11:59 p.M. Mst (gmt -7 hours) on the last day of the trial period. If you choose to purchase a membership, then the term shall begin on 12:00 a.M. Mst (gmt -7 hours) on the next day following the expiration of the trial period and this agreement shall remain in full force and effect. If you decline to purchase a membership, we reserve the right to retain your identity information for the purpose of contacting you from time to time to provide information and to offer our products and services to you as more fully set forth in our privacy policy consent section below. Unless you have purchased a special or trial offer subscription service that specifically provides other terms for cancellation and/or refund, you may cancel any subscription service within seven (7) days following your purchase of the subscription service, by sending an email to support@totaltechcare360.Com. With the subject line “Cancellation.” include your stated desire to cancel in the body of your email and reference the services. Upon receipt of your email, we will send you written confirmation that this agreement has been terminated and, upon such termination, we will not debit your credit card or other payment method. You agree that failure to cancel this agreement shall indicate your irrevocable consent and authorization to such automatic billing by us. You agree that you have been given every opportunity to review the terms before providing your billing information.

The term of your use and access to any Subscription Service and your rights granted herein shall be for an initial term equal to the Subscription Service period you have elected to sign up for, as indicated by You during the check-out process on our Website (“Term”). The Term shall begin on and including the day You sign-up to receive the Services, unless otherwise stated in this Agreement, and ending on 11:59 p.m. MST (GMT-7 hours) on the final day of the Term. This Agreement shall be automatically renewed upon the same terms and conditions for successive terms equal to the same period as the initial Subscription Services period you have originally purchased (“Renewal Term”), unless this Agreement is canceled by You. Each Renewal Term shall begin on 12:00 a.m. MST (GMT-7 hours) on the day following the last day of the previous Term, or any subsequent Renewal Term.

Package Fees & Payment Authorization

If you purchase a paid membership, you agree to pay a membership fee each month or upon a one-time basis in order to access the services, for the duration of the term, pursuant to the package you select on our website during the check-out process. Your credit card or other payment method you provide will be automatically charged in the applicable monthly membership amount or single charge for any individual services, in the amount stated on our website at the time you have purchased such services and have otherwise executed this agreement, immediately after the expiration of the term and upon the expiration of each subsequent renewal term, unless otherwise stated in this agreement. You acknowledge and agree that your failure to cancel this agreement before the end of the term or any subsequent renewal term will result in automatic charges to your credit/debit card or other payment method you have provided for the total amounts due and upon the time(s) due as stated under the terms of this agreement. You agree that failure to cancel this agreement shall indicate your irrevocable consent and authorization to such automatic, recurring billing by us. You agree that you have been given every opportunity to review these terms before providing your billing information. By providing your credit card, debit card, paypal, bank account information or any other billing information, you hereby authorize us to charge all fees and any other amounts due under this agreement according to the terms of this agreement. We are not responsible for pricing, typographical, or other errors in any offer or price stated on this website or this agreement and we reserve the right to cancel any memberships/subscriptions arising from such errors. We also reserve the right to cancel any sale made to you if we determine that there were inaccuracies in any description or information contained on this website regarding the services.

Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Website or the Services.

Late/Chargeback Fees; Attorneys’ Fees

For any amount (a) not paid to the Company when due; or (b) paid by You via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, the Company reserves the right to charge and You agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, You agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that You owe to the Company, whether incurred before or after civil litigation is commenced.  In addition, by charging back with Your bank You forfeit any rights to have Total Tech Care 360 work on Your device in the future.

Additional User Fees

Depending on the Services purchased by You, any Services provided by us for each additional user and/or Computer System and Device may incur separate and additional fees as identified on documentation (including, without limitation, documentation provided via email) provided by us, from time to time, and/or set forth on the Company’s Website, and You agree to pay the same.

 

Services Pricing & Description Accuracy

We strive to provide accurate pricing information regarding our Services. We cannot, however, insure against pricing errors. We reserve the right, in our sole discretion, to not process or to terminate any orders placed for any Service whose price was incorrectly posted on our Website as a result of an error. If this occurs, we will notify you by email.  In addition, we reserve the right, at our sole discretion, to correct any error in the stated full retail price. We do not guarantee that we offer the best available rates or prices and do not guarantee against pricing errors. We attempt to provide accurate descriptions of the Services.  We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.  If any of our Services are not as described, your sole remedy is to receive a refund. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or terminate orders if any information on our Website is inaccurate at any time without prior notice to You(including after You have submitted your order).

Registration & Membership Accounts

We require that you register and create an account in order to subscribe to the Services offered through our Website. Once you provide the requested information during the registration process, an account will be automatically created. You also warrant and represent to us that any information you provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to the restricted areas of our Website in order to use the Services. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after you have logged-in for the first time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information. If you lose your password(s) or the encryption keys for any of your Company products or Services, the Company may not be able to assist you in recovering any associated data or information.

Children Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Website http://www.kids.getnetwise.org/tools. For more information regarding policies and practices about how we may collect and disclose information from our Website users, please visit and read our Privacy Policy.

DMCA & Trademark/Service Mark Policy

We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.

Indemnification by You

You hereby agree to defend, indemnify and hold us, our officers, directors, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; (iv) any credit-card funded payments to us that are reversed, to the extent applicable or (v) your negligence or willful misconduct.

Release Of Claims

You hereby release us, our officers, directors, employees, agents and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Services or for any other purpose whether or not contemplated or permitted by this Agreement. If you are a California resident you hereby waive the application to you of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you hereby waive any applicable law that is similar to California Civil Code Section 1542.

Warranty Disclaimer

The services are being made available and sold on a “As is” and “As available” basis, “With all faults” and is being provided without any warranties, guarantees or representations of any kind, either express or implied, including the warranties of merchantability or fitness for a particular use or purpose. Without limiting the generality of the foregoing, we make no warranty regarding the quality, usefulness, reliability of or performance of the services or that the services will meet your expectations of use. You agree to assume the sole risk associated with your use of the services. We do not warrant that the services are appropriate or legal in your jurisdiction. We are not responsible for any unavailability, interruption or delay of any servers or with telecommunications or third party services (including dns propagation) necessary to host our website and/or to provide access to any services or materials made available through our website, under any circumstances. The use of the services and the materials therefrom shall be done solely at your own discretion and risk and with your understanding that you will be solely responsible for any damage to your computer system or any loss of data or any other harm that results from such activities. We shall have no responsibility for any failure that arises out of your use of the website and the services with any hardware configuration, platform or operating system, including without limitation any failure related to or arising from your inability to connect to or to access the website or services due to problems related to your pc hardware, software, network, network setup or security, or your internet service provider or any other similar problem.

Limitation Of Liability

You agree that our officers, directors, shareholders, employees, affiliates, agents, attorneys, successors and/or assigns (as applicable), shall not be liable for any special, consequential, incidental or any other indirect damages including, but not limited to, any lost profits or revenues, lost data or lost goodwill or any other damages arising out of or relating to this agreement or your access and use of the website or the services including liability for any content or the access, recording, storage or other use by us thereof, including without limitation: (a) any content that is sent, received, held, released or otherwise connected in any respect to the website or the services; (b) any content that is uploaded but not received; (c) any access to or alteration of content by you or any other person; (d) any content uploaded using, or included in, the services; (e) any defamatory, illegal, obscene, offensive or threatening content; (f) the conduct of you or anyone else in using the services; or (g) any infringement of another person’s rights, including without limitation rights of privacy, intellectual property or data protection. You agree that the company’s liability shall in all cases be limited to the membership fees paid by you for the services during the term in which any such damage or loss has occurred. We shall not be liable to you as stated herein regardless of the cause of any such damage or the nature of any claim, whether for breach of contract, by statute, for any tortious conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not the company has been advised of the same. Accordingly, you agree to waive your rights under any laws that otherwise might limit your waiver of such claims, including california civil code section 1542 if you are a resident of the state of california, or any other applicable state laws.

Exceptions to Disclaimers & Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Service Professionals Referral Service

Our Service Professionals Referral service may from time to time refer you to certain third-party service professionals (“Service Professional” or “Service Professionals”). We do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs. Although we take steps to examine the credentials of our listed Service Professionals, we make no representations or guarantees regarding the skills or representations of such Service Professional or the quality of their work if you elect to retain their services. It is entirely up to you to evaluate a Service Professional’s qualifications. We do not endorse or recommend the services of any particular Service Professional. You are responsible for entering into a direct contract or otherwise reaching an agreement with a Service Professional. We are not an agent of any Service Professionals and the Service Professionals are not our employees or agents.

We may inform you of certain offers or discounts provided by a Service Professional listed on the Website. However, such offers or discounts are made solely by the Service Professional, and we do not guarantee pricing or discounts offered by Service Professionals. Any quotes provided by Service Professionals via the Website are not legally binding offers made by us and are solely provided for informational purposes. You acknowledge that any quotes provided on our Website do not create contractual arrangements. Furthermore, scheduling an appointment with a Service Professional on the our Website does not create a contractual obligation with us.  Any contractual agreements must be negotiated directly with a Service Professional. Any disputes between you and a professional will be resolved between you and the Service Professional directly.

You hereby agree to release any officers, directors, affiliates, employees and agents of total tech care 360 and from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

In using the Service Professional referral service, You will be asked to provide reviews on your experience with Service Professionals. By using this service, you promise that all information you provide (including but not limited to your contact information, and any ratings and reviews of Service Professionals that You provide) will be accurate, current and truthful to the best of your knowledge. You agree that providing incomplete or false information, this shall give us the right to terminate your Subscription Services and/or refuse to provide to You any future use of the Services.

Compliance with Laws

You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of your specific jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. By purchasing any product from us, You represent that the products ordered will be used only in a lawful manner.
.

Restricted Access and Use

The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Website and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.

Information Collection/Privacy Policy & Communications Consent

By entering into this Agreement, you agree to our collection, use and disclosure of your personally identifiable information (“Identity Information”) and all other information in accordance with this Section and in accordance with our Privacy Policy. We may use and share your Identity Information You submit through the registration/sign-up process and your use of the Services with any third parties as set forth in our Privacy Policy. This information may include your email address, name or mobile phone number, PC home service records and/or Website “Use information” (as defined in our Privacy Policy) that we automatically collect about your use and interaction with our Website and in connection with the Services. We will store this information and this information may be shared with third-party Service Professionals in order to respond to your Services needs. When You provide us with this information, You consent to being contacted by us and by our Service Professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if You are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our Website, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails.

We may also use cookies as described in our Privacy Policy, for the purposes described therein and in delivering the Services to You. The manner in which we use any Identity Information or any other information that You submit or that we collect automatically through your access and use of the Services and/or access and use by any of your users under the terms of this Agreement shall at all times be consistent with this Section and with our Privacy Policy. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement and You hereby consent to our use of any of your Identity Information and/or Use Information as described therein and in contacting You in the manner set forth herein. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Information and data collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we maintain facilities. You consent to any such transfer of personally identifiable information outside of your country of citizenship or residence.

Remote PC User Information Collection

We collect and store certain information submitted during any remote online pc session conducted with you in connection with our services including, without limitation, identity information, and your pc home service records. We share this information with third-party service professionals in order to respond to your services needs. When you provide us with any of your identity information, you consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “do not call” list, in order that we may provide the services to you, to reasonably address matters pertaining to your account or for other purposes related to your service request or related to our business. We also back-up and store all of your computer files and documents online in our cloud based storage. We keep this data during the time we perform any services for you in order to properly assist you and we will delete all such data upon your written request that we do so, or upon the termination of the terms of service you enter into with us, whichever comes first. We shall have no responsibility whatsoever to store your computer files or documents and you agree that you shall not rely on us for such purposes.

Communications Monitoring

We may, but have no obligation to, monitor and record any telephone calls and online sessions with you for purposes of improving customer service, internal training and internal market research. the laws of some jurisdictions require the giving of notice to, or receipt of consent from, individuals prior to intercepting, monitoring and/or recording their communications. in addition, u.s. and e.u. laws and the laws of some other jurisdictions restrict collection, storage and use of personally identifiable information and use of other information automatically collected using cookies and similar data collection tools without disclosing such collection and use to anyone using our services. you agree to comply with all applicable laws, to obtain all necessary consents, and to make all necessary disclosures before using the services. when you participate in a remote online pc session, you are responsible for any information that is visible to our employees and agents during such session and we may record and store the same. such recording may be done by us by devices embedded in your computer, or by stand-alone devices such as mobile phones. we have no control over, and shall have no liability to you whatsoever for, whether and in what manner any of our affiliated third party services providers use any of your information or any other information or materials you provide/display through any computer systems and devices you own, control or operate that you give us access to in connection with the services.

Miscellaneous:

A. Entire Agreement.

You agree that this Agreement constitutes the complete and exclusive agreement regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or agreements of the parties, weather written or oral. This Agreement cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of this agreement.

B. Authority.

If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.

C. Severability.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

D. Arbitration

You agree to give up your rights to bring any claims relating to this agreement and/or your use of this website including the right to a jury trial and/or to initiate or participate in a class action lawsuit against us before a court of law or other legal tribunal and to resolve all disputes or claims exclusively by arbitration. except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between you and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the american arbitration association (“aaa”) and shall be administered by the aaa. notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this agreement.

Any arbitration proceeding shall be exclusively brought and heard in a federal or state court, situated in sheridan, wyoming. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either you or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the aaa. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If you do not send a written notice to us within the requisite one (1) year period, you agree that any such claim (or claims) shall be waived and are hereby released by you and you shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.

E. Venue & Choice of Law.

Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court situated in Sheridan, Wyoming and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process, except that the Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Wyoming, U.S.A. without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

F. Waiver.

The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

G. Prior Dealings.

No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.

H. Assignment.

This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.

I. Survival.

Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.

J. No Employment, Joint Venture or Partnership Relationship.

Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. You acknowledge that the Company is an independent contractor and neither the Company nor any of its directors, officers, agents, employees, or affiliates is or shall be deemed employed by you. The Company reserves the right to determine the method, manner and means by which the Services will be performed. The Company and its directors, officers, agents, employees, and affiliates are not required to perform the Services for you during any particular hour of the day or night, and the time spent accessing your Computer Systems and Devices covered by the Services is at the Company’s discretion, subject to your access times and security requirements. You further acknowledge that the Company is not required to devote its full time or the full time of any of its directors, officers, agents, employees, or affiliates to the performance of the Services, and you acknowledge that the Company has other clients and that it offers Services to the general public. The order and sequence in which the Services are to be performed shall be under the control of the Company and its agents, employees and affiliates, and not under your control.

K. Force Majeure.

We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.

If you do not agree to all of the terms and conditions contained in this agreement, you are not permitted to access or use the services or any restricted portions of our website.