Your use of this Website, including, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. This Agreement governs and applies to your access to and use of this Website and its related domains on which this document appears, any order you place through this Website and Websites on which the document appears, and, as applicable, your use of other products or services of USTechSupport . To the extent of any express inconsistency with any other agreement you may have with USTechSupport for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If this Agreement refers or relates to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Website.
For avoidance of doubt, this Agreement applies to:
Your use of USTechSupport's Software is subject to an End User License Agreement, which is described below.
When you purchase Software Licenses and/or Services and when you access the Websites: (a) you represent and warrant to USTechSupport that you have the legal capacity to agree to these Terms; (b) you represent and warrant to USTechSupport that all information you provide to USTechSupport, including information relating to your payment for Software Licenses and/or Services, is correct; (c) you acknowledge and agree to abide by the terms and conditions set forth in these Terms; and (d) you acknowledge and agree that these Terms also apply to all entities with which USTechSupport may have contractual relationships in connection with the Software and/or Services. If you do not agree to these Terms, you may not use the Products or Services and you may not access the Websites.
This Website is intended for visitors from the United States. The Website is not intended for any children under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE USTECHSUPPORT'S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Payments for Purchases and Automatic Renewals
If you purchase the Services and your payment is not successfully processed, we will attempt to notify you and your services will be suspended and you will have up to thirty (30) days to contact USTechSupport to correct or update your billing information. At the time your service(s) are reinstated, you will be billed for the full period for which you have contracted the Services (in other words, the amount due for the contracted period of time will not be pro-rated) and, in addition, you also may be billed a reinstatement fee. If you do not correct or update your account information during the thirty (30) day period, your Services account will be cancelled. When your billing information has been corrected or updated, your subscription will be effective as of your original date of purchase and you will be billed accordingly.
With respect to Online Backup, you will have up to ten days from the date of cancellation to remove all files that you have backed up. Following the expiration of the ten-day period, all of your backed up files will be deleted.
When you purchase Software Licenses and/or Services, you are entitled to use the Software and Services, as applicable, for the duration of the initial period you purchased, which is set forth in the documents and information relating to your purchase ("the Initial Subscription"). At the end of the Initial Subscription, USTechSupport automatically will renew the following software licenses and Services (Auto-Renew Products/Services") for successive periods of the same duration as the Initial Subscription : USTechSupport PC Optimizer ("PCO"); USTechSupport Antivirus 4.0 ("Antivirus 4.0"); USTechSupport Early Detection Center ("EDC"); USTechSupport Registry Cleaner ("RC"); USTechSupport LiveTech Remote Technical Support ("LiveTech") renewal subscriptions only and USTechSupport Online Backup Service ("Online Backup. Please read carefully the following important information regarding automatic renewals:
USTechSupport automatically will renew Auto-Renew Products/Services using the payment method you authorized at the time of your purchase, at the then current renewal price. For annual subscriptions, USTechSupport will notify you by email, sent to the email address you provided in connection with your purchase, prior to the renewal date, of the impending renewal, the renewal deadline and the renewal price. USTechSupport automatically will renew Auto-Renew Products/Services for successive renewal periods until it is cancelled . You may cancel automatic renewal service at any time by telephoning USTechSupport at (888) 427-9359 toll free during normal business hours. Business hours are posted at http://USTechSupport.com/support.html.
Renewal payments are billed on or about the last day of the Initial Subscription and each renewal period thereafter until the applicable subscription
Electronic Signatures and Agreements
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service. You agree that if you are ordering Software or Services on behalf of a company, that you have sufficient authority to bind that company to this Agreement.
We reserve the right to refuse or discontinue the supply of the services and products to any user at any time at our sole discretion.
USTechSupport offers Software Licenses pursuant to the terms of an End User License Agreement (the "EULA") between you and USTechSupport. Your purchase and use of, and USTechSupport's obligations with respect to, the Software are governed solely by the EULA and these Terms. In the event of any conflict between any provision in these Terms and any provision in the EULA, the provision that is more favorable to USTechSupport shall apply. The Software is the copyrighted work of USTechSupport and is licensed to you by USTechSupport pursuant to the EULA. USTechSupport retains full and complete title to the Software and to all intellectual property rights to the Software. As a result, you do not own the Software, and your limited rights to use the Software are set forth in the EULA.
You will be unable to install any Software unless you, or a LiveTech agent acting on your behalf and with your permission, first agree to the terms and conditions
of the EULA.
The Operation of the Software
Certain Software scans some or all your computer's system and data files, memory, registry, and email programs, and monitors programs that are operating, including Internet activity, for: (1) known, malicious, unwanted spyware, adware, malware, virus and other threats to your computer, programs, registry and information ("Threats"); and (2) for potential Threats ("Potential Threats"). Threats are deleted and USTechSupport then maintains a file in order to reverse the removal if appropriate. Potential Threats are sent to USTechSupport, where they are analyzed and, if appropriate, identified as Threats. The Software downloads to your computer Threat definition information to protect the computer from future infection by the Threats and Potential Threats. The Software will receive this information either directly from USTechSupport or by means of other customers' computers through the Argus Network, as described below.
Certain Software scans for software and registry entries that have been installed or added to your computer which: (1) may track your information and Internet activity for the purpose of generating advertisements; (2) may transmit information on your computer to other persons; (3) may impair the operation of your computer; or (4) may represent an unwanted communication with you ("Potentially Unwanted Software"). If the Software detects Potentially Unwanted Software, you will be asked whether you want the Potentially Unwanted Software removed and quarantined. However, by removing Potentially Unwanted Software: (1) other software on your computer that you want to operate may cease to operate properly; and (2) other software that you want to retain may be disabled or removed.
You acknowledge that the Software may not be able to detect all Potential Threats, Potentially Unwanted Software, and unnecessary and invalid registry
entries on your computer.
Certain Software will send to USTechSupport, at your discretion information relating to: (1) Threats, Potential Threats, and Potentially Unwanted Software; and (2) the IP address country location of your computer.
We also may collect (with your authorization) the following information about your computer:
This information is sent to USTechSupport with your authorization , and it is stored in an anonymous form that cannot be used to identify you. By way of explanation, USTechSupport knows, based on the information, that there is a customer with a certain kind of computer that is performing certain functions. USTechSupport does not know the customer's identity. In the event that it is necessary for USTechSupport to learn your identity in order to diagnose certain kinds of problems or to monitor your computer for certain events, you will be asked to authorize USTechSupport to collect the additional information. You can make your selection as to whether USTechSupport may collect this additional information before the software is installed or by using a control panel included in the software. With respect to your selection, (i) Early Detection Center ("EDC") Software permits you to change your selection at any time by using the control panel and (ii) PCO permits you to designate your selection only at the time of installation (i.e., you cannot change it later).
We do not sell or otherwise provide any of the above-mentioned information to unaffiliated third parties and use it only to improve our products and offer better service
to our customers.
For a complete list of the information we may collect, click here.
The services and/or software provided by USTechSupport seek to diagnose your computer for, among other problems, viruses and spyware. USTechSupport continues to update EDC and Antivirus 4.0 to help ensure that they do not misidentify threats. However, it is possible that the USTechSupport Software could misidentify legitimate data on your computer as a threat and, in removing it, could cause serious damage to your computer. In addition, this may include among the results for tracking cookie objects, a cookie used by one or more of our W eb sites on which you reviewed or downloaded a USTechSupport software product. You agree that USTechSupport's liability is limited as set forth in the sections in these Terms entitled "Disclaimers of Warranties" and "Limitation of Liability."
The services and/or programs are designed to detect as many potential problems as possible. For example, some software is designed to identify, among other problems, erroneous and unnecessary entries in your Windows ®registry, invalid data references, and duplicate and junk files. The erroneous and unnecessary registry entries are common on all computers, including new computers. USTechSupport continues to update PCO to attempt to help ensure that it does not misidentify legitimate registry entries. However, it is possible that this software could misidentify legitimate registry entries on your computer as errors and, in removing them, could cause serious damage to your computer. Specifically, the erroneous and unnecessary entries detected likely will include some registry errors which are generated by Windows® operating systems as a result of routine operations including, for example, the downloading and installation of Windows® updates. In most instances, some registry errors will be detected which would appear on a "clean" PC which was never connected to the Internet and which had no programs installed except the Windows® operating system. In most instances, a small number of registry errors may be detected which will reappear after they have been removed even if no additional programs or program updates are installed on the computer. After the registry errors have been removed, the software will not report any registry errors for a period of twenty-four (24) hours.
You acknowledge the following:
In order to diagnose and resolve technology problems with your computer, USTechSupport technicians must access your computer. Requesting technical support from our technicians constitutes your agreement that our technicians may provide the following Services:
We use software that: (a) provides non-personal computer system information, including information about your computer's performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer's settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer's performance.
We use the software and the information it provides solely to attempt to diagnose and resolve existing and potential problems, and we use reasonable efforts to limit the software's access to personal information on your computer. However, you agree that, while providing Services, we may gain access to personal information on your computer, and you agree that USTechSupport has no liability for doing so.
Requesting Services also constitutes your agreement that:
USTechSupport reserves the right in its sole discretion, for any reason and at any time, and without prior notice to you, to terminate your Software Licenses and/or access to Services and the Websites.
Y ou acknowledge and agree that USTechSupport, in its sole and absolute discretion, may suspend for a reasonable time your rights under your Livetech subscription or terminate your LiveTech subscription at any time without prior notice to you. If we terminate your subscription, we may, at our sole discretion, refund a pro rata portion of your subscription purchase price. You agree that USTechSupport will not be liable to you or to any third party for the consequences of any termination of your use or access to the Websites, Software Licenses and/or Services. In the event of any such termination, you agree that the provisions of the Agreement regarding Compliance with Intellectual Property Laws, Inappropriate Content, Prohibited Uses, Indemnification, Disclaimer of Warranties, Limitation of Liability, Limitations of Actions Brought Against USTechSupport, and Applicable Law; Dispute Resolution shall survive any such termination.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS USTECHSUPPORT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, PARENTS, AFFILIATES AND AGENTS FROM LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DEMANDS, DISPUTES, CAUSES OF ACTION, LOSSES, DAMAGES AND COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF LITIGATION, RESULTING FROM OR IN ANY WAY CONNECTION WITH: (1) YOUR PURCHASE OF SOFTWARE OR SERVICES; (2) YOUR USE OF THE WEBSITES; (3) YOUR FAILURE TO COMPLY WITH THESE TERMS; AND (4) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. YOU AGREE TO NOTIFY USTECHSUPPORT IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Applicable Law ; Dispute Resolution
USTechSupport's Software and Services are subject to United States export controls. Products and services may not be provided or exported or re-exported to: (1) nationals or residents of Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country as to which the U.S. has embargoed goods; or (2) any person included in the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By purchasing licenses, products or services, or by using the Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement and the resolution of any dispute related to this Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879 .Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute.
Said dispute shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney's fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of Los Angeles, California. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of Los Angeles. The terms of this section survive any termination of the Agreement.
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect. ,
Within thirty (30) days of purchase, if for any reason you are not completely satisfied with your Software, simply call us toll free at (888) 427-9359
to arrange your refund. We will process your credit within ten (10) days. For credit and debit card refunds, your bank may take up to two billing cycles to post the credit to your account. If you have any questions, please telephone us toll free at (888) 427-9359
Yearly Subscription and Start Up Fee for Monthly Subscriptions: You may request a refund within the first ten (10) days following the date of purchase of a yearly subscription or a monthly subscription. However, if during that ten (10) day period, USTechSupport either attempted to or did address the problems you were experiencing, you agree that USTechSupport may retain a portion of the purchase price, to be determined by USTechSupport in its sole and absolute discretion, which retained portion will represent the reasonable value of the services we provided, as determined by USTechSupport in its sole and absolute discretion. Beginning ten (10) days after the date of purchase of a yearly subscription or monthly subscription, the yearly or monthly subscription fee is not refundable.
Month to Month Subscriptions (Recurring Monthly Fee): Monthly subscription fees are not refundable under any circumstances. You may cancel future monthly subscription fees at any time before the next applicable monthly payment is due.
In order to qualify for a LiveTech refund (when applicable):
Copyright Policy and Copyright
Agent Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Copyright Agent named below. USTechSupport will investigate claims of copyright infringement and will remove content that appears to infringe the copyright or other intellectual property rights of others and/or suspend or terminate the rights of any licensee or subscriber who is determined to have infringed the copyrights of any other person or entity. If you have knowledge or evidence or in good faith believe that your or another person's or entity's copyrights are being violated, and you want USTechSupport to delete, edit or disable the infringing information, you must provide us with the following information:
Please direct inquiries regarding intellectual property infringement issues by email to DMCA@USTechSupport.com
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that USTechSupport reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
The information communicated on the Website constitutes an electronic communication. When you communicate with USTechSupport through the Website or via other forms of electronic media, such as e-mail, you are communicating with USTechSupport electronically. You agree that USTechSupport may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that USTechSupport provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
USTECHSUPPORT® is a trademark of USTechSupport LLC. All other trademarks and service marks displayed on the Website are the property of USTechSupport or their respective owners. You may not use or display any trademarks or service marks owned by USTechSupport without USTechSupport's prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Notice to California Users
Under California Civil Code Section 1789.3, California users of our Web sites are entitled to the following specific consumer rights notice: The headquarters of USTechSupport LLC currently is 3340 Ocean Park Blvd. Suite 1060 Santa Monica, CA 90405 . Our telephone number is (866) 793-0454 . If you have a complaint regarding our products or services or you want to request a copy of our Terms or receive further information regarding use of the Software or Services, please contact USTechSupport by writing to the address above, or by emailing support@USTechSupport.com or by calling (866) 793-0454 . The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95384, or by telephone at (916) 445-1254 or (800) 952-5210 .
Modifications to the Agreement
USTechSupport may make changes to this Agreement from time to time in its sole discretion by updating this posting on this Website without notice to you. Your c ontinued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes . Accordingly, whenever you visit this Website, you should check to see if a new version of this Agreement has been posted. Certain provisions of the Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into the Terms and to supersede the provision(s) of the Terms that are designated as being superseded. USTechSupport may assign, transfer, or sub0contract any of our rights or obligations under these Terms to any third party at our discretion. No delay by USTechSupport in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect USTechSupport’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by USTechSupport in writing.
© 2014 USTechSupport LLC. All Rights Reserved.