Terms and Conditions – Avantech IT Solutions

LAST MODIFIED: October 13, 2016 05:49 Pacific TIme

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms (the “Terms”) govern your use of the web site at www.mytechteam.net (“Site”) and any computer support services provided either by telephone or computer (the Site and the computer support services are collectively referred to as the “Services”) provided by The IT Support Department, LLC. dba Avantech, its subsidiaries, affiliates and contractors (“Avantech”, “we”, “our”, or “us”). By accessing, ordering or using the Services via telephone or online via the Site, you (“You” or “Your” means you or, for Services, the legal entity that you are authorized to represent and on whose behalf the Services are purchased) and other users of the Services (collectively, “Users”) agree to these Terms and our Privacy Policy available at www.mytechteam.net/privacy . If, at Your request, we agree to send our employees or representatives to Your residence, place of business, or other location designated by You and agreed to by us in order to provide You with computer support services, then these Terms shall govern such provision of services as well. If You do not agree to these Terms, You may not access or use the Services. But, by purchasing the services, you agree to these Terms.

Scope of Services

You may initiate the Services via telephone, via the Site, or other means made available by Avantech. Avantech will use commercially reasonable efforts to answer Your technology question(s) and resolve Your technology problem(s) for a fee as set forth on the Site, as quoted on the telephone, or as quoted via service agreement, as applicable. Avantech may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology we support. Certain Services may have minimum system requirements.

Avantech Services may 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”).

Terms of Use

We provide You with access to and use of the Services subject to Your compliance with these Terms. Avantech reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to Avantech is correct and complete, and (f) any payment or credit card information You supply is correct.

Authorization to Access Your Computer; Monitoring of the Services

You acknowledge that by Your use of the Services You are authorizing Avantech to access, control, scan, and monitor Your computer for the purposes of one or more of the following:

Computer diagnosis
Maintenance service
Repair
Virus detection
Risk Detection

In connection with delivering the Services, Avantech may download and use software, gather system data, take remote control of Your computer and access or modify Your computer settings. By accepting these terms, You hereby grant Avantech the right to connect to Your computer, download and use software on Your computer to gather system data, repair Your computer, take remote control of Your computer and change the settings on Your computer while performing the services. Other than as set forth in the warranty section below, You agree that Avantech has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.
We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Avantech to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and our Users; to protect ourselves and/or our Users; and to enhance the types of Services we may provide to You in the future. You also grant Avantech permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.
We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if we believe You are in breach of the guidelines set forth in our Terms or in violation of applicable law without notice or liability.
Data Backup
Avantech PROVIDES DATA BACKUP AND RESTORATION SERVICES AS PART OF CERTAIN SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT Avantech OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE BACKUP SERVICES.
Avantech DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.
ACCOUNT AND PASSWORD
After You accept this Agreement and Your registration has been accepted by Avantech, You will receive a link by email, on activation of which Your Account will be established. You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password/encryption password. You will notify Avantech of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.

CONTENT OF STORED DATA AND FILES
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on Avantech’s servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. Avantech does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, “Trojan horses” or any other similar contaminating or destructive features. However, if Avantech has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, Avantech reserves the right to examine the content of the online storage and backup account. Avantech reserves the right to refuse, remove or disable access to any data or files stored on Avantech’s servers with immediate effect that Avantech learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.
BACKUPS OF YOUR DATA
Avantech may maintain regular backups of data to recover from any software/hardware failures. However, the most important step for a reliable backup is at the user end; user is expected to view and verify periodically to ensure that the backups do take place successfully, and take necessary corrective action if there are errors. Avantech will periodically upgrade the backup client to the most recent version for improved reliability of backups.
Warranty
The Services may not be successful because the problem may be beyond our ability to resolve remotely. If You have purchased a subscription based Service from Avantech, then the following warranty applies: if we are not able to answer Your question or resolve Your technology problem remotely and You have complied with all of Your obligations in these Terms, You have an options of requesting on-site support. You are responsible for any hourly charges agreed to by You and Avantech, as well as any charges for replacement parts. If You experience a problem with the resolution we provided and You call us within five (5) days from the day You originally received the on-site Service, we will use commercially reasonable efforts to try to resolve Your problem at no additional charge.
As set forth below, there are no other warranties for the Services.
Avantech makes no warranties or representations with respect to advice, guidance, information or other content posted to the Blog portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to site content and other third party content available on the Site.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Avantech DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. Avantech MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Use of Software and Tools
Avantech may need to download and/or run software on Your computer to help diagnose and resolve Your technology problem. Avantech uses several types of software: the first type provides computer system information to Avantech which helps us diagnose and resolve Your technology problem, the second type allows Avantech to remotely control and monitor Your computer and modify its settings or software.
You acknowledge and agree that use of all Avantech software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software. You may use the Avantech software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to Your computer during the Services after we have completed or terminated the Services.
Customer Responsibilities
You must cooperate with Avantech and promptly respond to our requests for information and comply with our requests to take actions to resolve Your technology problem. You must consent to the downloading and use of Software on Your computer and accept all applicable license agreements for the Software.
Registration, Passwords and Security
In order to use certain Services, we may require that You register. During the registration process, You may be asked to designate, or we may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from Avantech, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify Avantech immediately upon learning of any unauthorized disclosure or use of Your password or other account information. Avantech has no liability for any unauthorized use of the Services under Your account or on Your computer.
Fees and Payment
The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit/debit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.
For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription is continual until cancelled by You.
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 at any time by logging in to your account. Fees for the Subscription Service are not refundable.
By authorizing us to charge Your credit card for Your Subscription Service, You further authorize Avantech to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs Avantech that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals, shipping charges, on-site visits, and parts. You must contact Avantech, or cancel the subscripttion within your account portal at https://www.mytechteam.net/my-account if You do not wish to continue Your Subscription Service; Otherwise, the Subscription Service that You selected will automatically renew on a monthly basis.
Service Availability
The Services may not always be available due to system maintenance, Internet service disruptions, or periods of heavy call volumes.
Avantech reserves the right to terminate Your Subscription Service, upon notice, if Avantech determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any computer system other than a registered system, or (e) unreasonably. In the event that Your Subscription Service is terminated, Avantech will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions, if any.
Use of the Services
Your use of the Services is only for Your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services.
You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Avantech’s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no
modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title.

Avantech reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Avantech. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Avantech. Any rights not expressly granted herein are reserved by Avantech.
Restrictions
You shall not: (a) “mirror” any Content on the Site on any other server without Avantech’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Avantech or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

The subscription applies to all peripheral devices (e.g. printers, cameras, network devices) that are attached to Your personal computer at the time that You purchase the Subscription Services.
If You have purchased Subscription Services, you may obtain Services for the permitted number of computers belonging to or participating in Your business. If you wish to remove a computer from Your Subscription and substitute another computer, please contact us via email(support [at] mytechteam.net) or by phone(1-800-681-5470).
Modifications to the Services
We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, or backup, and we will not be liable to You or to any third party for doing so.
Security
While we use commercially reasonable security measures as outlined at https://www.mytechteam.net/compliance to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.

International Use
Currently, the Services are only available for residents and businesses of the United States.
Proprietary Rights
Avantech respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Avantech is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
Trademark Information
***Avantech, MyTechTeam, MyTechTeam.net, all Avantech product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of The IT Support Department, LLC. Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any Avantech marks without the written consent of The IT Support Department, LLC. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Avantech and its products, or (2) an endorsement of the company or its products by Avantech.
Links from and to the Site
This Site may contain hyperlinks to Web sites that are not controlled by Avantech. Avantech is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.
You may not provide any type of link to the Site without the express written permission of Avantech. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
Dealings with Third Parties
In the course of delivering the Services to You, we may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your computer support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although we may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by us of those merchants or their products or services. We are not responsible in any way for any other web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Avantech shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by Avantech.
TERMINATION
Avantech RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, Avantech WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION Avantech MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Avantech, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, LLCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Avantech, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, LLCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (LLCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY LLCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF Avantech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR LLCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF Avantech, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, LLCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.
Governing Law
The substantive laws of the State of California, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in Shreveport, Louisiana, and You expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Avantech may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.
Electronic Communications
The information communicated on this Site constitutes an electronic communication. When You communicate with us through the Site or other forms of electronic media, such as e-mail, You are communicating with us electronically. You agree that Avantech, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that we provide 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 us.
Notices and communications to Avantech must be sent to the applicable address given in these Terms or to support [at] mytechteam.net.
General Information
This version of the Terms is effective as of August, 2016. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Avantech and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Avantech. The failure of Avantech to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties” intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without Avantech’s express written consent. The Terms inure to the benefit of Avantech’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect. Avantech reserves the right to make changes to these terms without notification. You agree that it is Your responsibility to periodically review these terms for changes.