MY COMPUTER WORKS, INC. – TERMS OF SERVICE
ATTENTION: USING MY COMPUTER WORKS, INC. (“MCW”) SERVICES, OR THIS WEB SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS AND ANY SUBSEQUENT AMENDMENTS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE MCW SERVICES OR THIS WEB SITE.
This User agreement is by and between My Computer Works, Inc. (“MCW”), an Arizona corporation, and You, Your assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account. This agreement sets forth the terms and conditions of Your use of MCW’s website and services.
The Service: MCW services include interaction with a live technician who will attempt to improve the performance of Your system by modifying Your personal desktop or laptop software. Exemplary services include downloading and running both fee based and free software fixes, along with manually modifying and repairing Apple® (Macintosh) operating systems, Microsoft® operating systems, including Windows and Microsoft Office software applications. Hardware, network and application support (games, business, personal productivity) beyond problem identification help is only available via onsite escalation which may have additional fees. The services are only available in the English language for customers in the United States and Canada at this time. MCW services also include software, named MiWorks ™ , which is a desktop software that provides users information on the stability, security and speed of their computer.
MCW provides the following support:
Remove and secure Your PC or Mac® against malware, ransomeware, pop-ups, viruses, spyware, Trojan horses, worms, and other undesirable programs and files.
Optimize Microsoft® Windows operating system and Microsoft Office software to improve system performance and security.
If you are using an operating system that is no longer support by the manufacturer, My Computer Works may limit the hours of service with your unlimited membership to 12 hours per year.” At this time, windows 7, Windows XP and Windows Vista are no longer supported by Microsoft.
Update Microsoft® and Apple® software and eliminate compatibility issues.
Answer “how to” questions related to Microsoft® Windows or Apple Mac® operating systems and Microsoft® Office applications.
Provide hardware and software recommendations.
Provide problem identification help for hardware and network issues.
Provide support with software firewalls and Parental Controls.
Provide a maximum of one comprehensive tune-up per computer per year.
A tune-up is not part of “support”, but MCW agrees to provide a maximum of one comprehensive tune-up, per-computer, per-year.
If the customer partially or fully “undoes” or removes the work completed by an MCW technician, MCW is not obligated to rework previous work that has already been completed by the technician. MCW may charge the customer per hour to redo work that was completed on previous work sessions. Furthermore, if the customer requests service for the same specific issue on more than three (3) separate occasions, MCW reserves the right to refuse service or the issue can be resolved at an hourly rate of $127.00.
The customer must comply with all laws. If MCW believes that a crime has, may have or will be committed in the future, MCW may in its sole discretion report the information forming that belief to authorities and fully cooperate with authorities.
Availability of Service: Subject to the terms and conditions of this Agreement, MCW shall attempt to provide services 13 hours per day, 8:00 am to 9:00 pm in Your respective time zone (in the continental U.S. or Canada), seven (7) days per week. You agree that from time to time MCW services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment failures, (2) periodic maintenance procedure or repairs which MCW may undertake, (3) causes beyond the control of MCW or which are not reasonably foreseeable by MCW, including without limitation, interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion, acts of god, acts of terror, acts of nature, national pandemics or other failures.
Fees: In consideration for MCW providing its services or granting a license to certain MCW software for the term of this Agreement, You agree to pay MCW a signup and service fee. These fees relate to a single personal computer only unless you buy a business plan covering multiple computers. For our single computer memberships additional fees are required for additional computers, to transfer this service to a different computer, or to reconfigure this computer in the event of a hardware failure. MCW reserves the right to increase the fees at any time and the increased fees shall only be posted on the MCW website, which You should review from time to time.
Payment Method: You agree to provide and maintain a valid credit card or debit card on file with MCW to purchase service. If You select a monthly payment plan, you will be billed in advance each month on the date You purchased service for the next month’s service, excluding the 29th, 30th and 31st, services purchased on those dates will be billed on the 28th. You agree to keep a valid credit or debit card on file with MCW billing throughout the term of this Agreement.
Payment Plans (see MCW website for current service plans and pricing).
Most Plans require payment of a one-time, up-front, activation fee.
Annual Plans: A twelve month service agreement with a one-time, up-front payment.
Monthly Plans: A six-month service agreement paid in monthly installments. Automatically renew for 12-months if not cancelled before the end of a term.
Per-Minute Plans: Service is charged on a per-minute basis and may require You to purchase a minimum number of minutes in advance. Prior to initiating service, a credit card or debit card authorization will be required. Time is accrued and billable the entire time MCW is connected to Your computer, researching Your problem, or communicating with You via email or on the telephone. MCW shall cease work and bill all accrued per-minute charges upon resolution of Your issue or at any time upon Your verbal request over the phone or written request via email. The per minute plan cannot be used for “slow computers” or computers that are infected as it will take longer than 60 minutes. The MCW technician must be confident that the issue can be fixed in the allotted 60 minutes. If the MCW technician feels that a particular issue cannot be completed in the time left, the technician will communicate that to the customer so they can decide whether or not to purchase additional time.
Service Renewal: Your initial service agreement is for a six-month period. If You selected a monthly payment plan Your service will automatically be renewed following the initial term on a twelve month basis. Monthly charges will continue until You provide written notice to MCW that You wish to cancel Your service. If You selected an annual payment plan You will be notified via email at least 30 days prior to the end of Your service term to renew services for the following year.
Cancellation Policy: You agree this service agreement is for a six-month term. If You select a monthly payment plan and terminate this agreement prior to the end of the six-month term, you agree to pay a cancellation fee equal to the remainder of the six-month term, or $150, which ever amount is greater. If for any reason MCW is unable to charge Your credit card or debit card with the full amount of the service provided MCW may pursue all available remedies in order to obtain payment, including turning Your account over to a collection agency. In addition, MCW is entitled to recover any sums expended in connection with the collection of fees, including reasonable collection agency fees and attorney’s fees. Account Reinstatement: If a subscription is canceled or terminated by You, the subscription may be reinstated without an additional Activation Fee up to 90 days following the date of cancellation. After this period, a fee may be charged for reinstatement at the discretion of MCW. All cancellation requests must be submitted in writing to [email protected] and must include a reason for cancellation.
Refund Policy. Refunds will not be issued after services have been rendered. If You request a refund on services not rendered, You will incur administrative costs, which are equal to thirty minutes of support, at $127.00 per hour. If You do not want to incur this fee, MCW will keep Your service available to You for up to one year, after which a refund will not be available. If MCW is unable to solve a computer software problem or determines that a customer’s computer is not repairable, a partial refund may be issued at the sole discretion of MCW. A partial refund, if issued, will be determined by subtracting the number of service hours provided at $127.00 per hour from customer payments. All requests for refunds shall be made via a written notice to the MCW billing department at [email protected].
Your Cooperation: You agree that Your computer has a high-speed or broadband connection to the Internet (specifically a quality, stable broadband connection with a minimum continuous connection speed of 256Kb/s upload and download). Said connection must not have bandwidth usage restrictions that will affect use by MCW. Satellite, “Air cards” and cell phone tethering do not qualify as a sole connection for subscription. Also required for Windows support subscriptions is a valid, already-installed copy of currently supported Microsoft operating system software. For Mac computer support subscriptions, a valid already-installed copy of the latest version of OS X is required. The Mac computer must also be Intel CPU-based. You agree to allow MCW to temporarily control Your computer and access Your computer functions. You agree to leave Your computer and Internet connection operating while MCW is diagnosing, downloading or fixing Your computer. For the most efficient and cost effective service, You agree to allow MCW to download certain suggested software (may require fee-based if sufficient freeware is not available) or remove harmful software or databases to facilitate proper diagnosis or functioning of Your computer. While MCW will attempt to obtain Your prior approval before deleting or installing important software, You agree to allow MCW to improve Your computer operations without obtaining Your prior approval. Furthermore, you agree to provide genuine operating system installation media (or other legitimately licensed digital or physical software) if MCW determines that such media is required in order to repair any given problem or complete service.
Windows 7 or Vista Users: For MCW to access Your Windows 7 or Vista system, You may need to disable Your UAC (User Account Control). By disabling the UAC, You understand that You may be allowing Your computer to be susceptible to malicious programs for the brief time that MCW is accessing Your computer. After each time MCW terminates its access to Your computer, You agree to re-enable the UAC as instructed by MCW. You agree that MCW is not liable or responsible for any security breaches during the time MCW is on Your computer, or if You do not re-enable Your UAC as directed after MCW terminates access to Your computer.
Executive Service: Executive membership is available for price listed on our services page. The Executive Service is a one year contract. Normal cancellation fees apply. Offered in the Executive membership bundle would be one 1-hour response guarantee per day, a data backup service, and Smartphone & Tablet support.
Priority One Service: Priority One membership is available for price listed on our services page. The Priority One Service is a one-year contract. Normal cancellation fees apply. Offered in the Priority One membership bundle would be one 3-hour response guarantee per day.
Data Backup Users: My Computer Works (MCW) limits Data Backup support to customers that purchase the ‘My Computer Works Data Backup’ service or the ‘My Computer Works Executive Service’ services. This service includes data backup on one computer of the customer’s choice. This service is limited to the customer’s computer and does not back up the operating system, programs, or a server. Data Backup only includes files and locations from programs specifically stated by the customer at the time of Data Backup software installation. Upon signing up for Data Backup, it is the customer’s responsibility to call the technical support line to install MCW Data Backup software. Failure to do so will not result in a refund. MCW will not be held accountable for loss of data or information, especially due to non-installation of Data Backup software. If the MCW technician determines that the Data Backup software or the PC is not functioning properly, MCW may suspend attempts to install the data backup software and refund the cost of the Data Backup service. Backup storage is unlimited. If a Data Backup subscription becomes more than 60 days past due, the associated data may be removed from the backup server.
Executive Service Data Backup: Backup is available to Executive members as part of a MCW Executive bundle. The Backup storage is unlimited.
My Computer Works sells this service to its Users and then My Computer Works enrolls their Users in the service via a website. The Users sets their application policies for online backup and recovery. The solution then automatically encrypts the selected data and moves it over the Internet to a centrally hosted site. Customers can retrieve this data as required using the online website.
Appointment Restrictions. My Computer Works may only promote and resell the Services to Users located within North America.
EMC Application Access. My Computer Works may grant Users access and use of the EMC Application solely via the EMC Site and a secure Internet connection. EMC will provide My Computer Works with personal log-on identification codes for each User, and My Computer Works shall be responsible for assigning such identification codes to, and establishing confidential passwords for, such Users.
Service Level Warranty and Credit. The availability of the Services to each User shall be set forth within the service level and excludes any downtime due to scheduled maintenance, requests by, or the actions or inactions of the applicable User, partial or total Internet outages or other events beyond EMC’s reasonable control. EMC’s failure to meet the Service Levels, except as stipulated herein shall result in EMC issuing service level credits to Reseller on behalf of an affected User (the “Service Credit”). My Computer Works shall not demand or receive any Service Credit from EMC where My Computer Works has not offered a materially consistent Service Credit to its User.
UNDER NO CIRCUMSTANCES SHALL MCW OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MCW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF MCW AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO MCW FOR THE LAST 12 MONTHS OF DATA BACKUP SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN MCW AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Android™ Support Service: This service is bound by the terms included in the “Per-Minute Plans” section outlined above. The ‘Android Support’ includes basic training, troubleshooting, and/or backup & re-installation (if required) of the Android™ operating system connected to a PC that may already be subscribed to MCW service. The Customer must have appropriate USB cable to connect device to the PC. MCW reserves the right to refuse service for certain applications; these cases will be referred to the application vendor or developer. Further, devices which are rooted or those containing a custom ROM or firmware are not eligible for service. Supported device manufacturers: Amazon, Sony, Motorola, Samsung, ASUS, HTC, Nexus (Google), Acer, Dell, LG, Viewsonic, Huawei, ZTE, Kyocera, T-Mobile, Verizon, Sprint, AT&T, Toshiba, and Archos, all supporting Android™ version 2.2 and above.
PDA Users: MCW limits PDA support to customers that purchase the ‘PDA Synchronization Setup’ service or the ‘Executive Service’. The ‘PDA Synchronization Setup’ includes a one-time setup of PDA synchronization software on a PC that is already subscribed to MCW service. The ‘Executive Service’ includes PDA setup and PDA assistance for a customer already subscribed to Executive Service. Executive Members are entitled to one (1) monthly PDA support call. Synchronization can be configured only for the versions of Microsoft Outlook that the current version of the included PDA synchronization software supports or its own included data management software if included. This service is only available for Microsoft Windows Mobile, Palm and Blackberry devices. If the MCW technician determines that the PDA or PDA software is not functioning properly MCW may suspend attempts to configure PDA synchronization and refund the cost of the ‘PDA Synchronization Setup’ service.
On-Site Service: MCW hires independent contractors (“MCW Contractor”) to conduct the in-home services. MCW is not responsible for the MCW Contractor services, results or lack of results, and MCW assumes no liability whatsoever for the MCW Contractor’s actions. MCW merely helps to schedule appointments and MCW collects fees.
Fees: MCW Contractors provide on-site support at fees of up to $295 per hour which is unrelated and in addition to the MCW remote subscription service. Discounts for membership subscribers.
Service Availability & Appointments: Our MCW Contractors want to be there when You need them. They are available 7 days a week. Standard in-home service appointment hours are each day, 8 AM to 5 PM Your local time. Our toll-free sales support center (1-800-990-4629) is available daily. Additional charges may apply for urgent or rapid responses, or for service outside of standard hours.
Appointment Changes or Cancellations: You must provide at least 24 hours’ advance notice of any cancellation or rescheduling request for Your appointment. If You fail to provide at least 24 hours advance notice, You will be charged a cancellation charge if My Computer Works has incurred expenses for Your appointment from the MCW Contractor. If You do change Your scheduled appointment, additional restrictions for appointment availability may apply.
Service Coverage: My Computer Works will make all reasonable effort to provide in-home services to Your area through our network of MCW Contractors. We have MCW Contractors available in all 50 states in the U.S. If Your service location is outside the range of our network of MCW Contractors, additional travel charges may apply. MCW reserves the right to change coverage and services offered at any time, and MCW expressly reserves the right to deny service for any or no reason without liability or penalty, except as expressly stated in these TOS.
Third Parties: MCW reserves the right to deliver all services via independent and authorized third-party service representatives and technicians, called MCW Contractors. Services are limited to one trip unless otherwise noted, and to a total on-site duration agreed to when MCW arranges the appointment with the customer. Additional charges may be incurred for multiple trips, extended distance (beyond standard metropolitan areas as determined by MCW) -including rural or limited access areas, or extended time.
Access: MCW Contractors must have 1) access to Your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) Your consent and cooperation to enter Your residence or business, 3) a safe working environment and work space, and 4) electrical power. If the MCW Contractor determines that these conditions have not been met, service can be denied and a cancellation charge assessed.
Service Authorization: For all In-home Support Services, a person at least 18 years of age must be present during the entire time period services are provided. If no adult is present at the appointment time arrival, services will be denied and a cancellation charge will be assessed.
Additional Services, Parts, and Charges: In some cases, depending on the service You purchased and the recommended remedy, additional parts or software may be required in order to provide a solution. MCW Contractors will provide an estimate of such additional charges to You prior to performing work that requires an additional charge. You may opt to discontinue service at that time, however service charges still apply for all service provided up to that point. Payments for additional charges are payable by credit card.
In-home Support Services do not include furniture setup: MCW Contractors will not be held responsible for moving any furniture, valuables, or any other customer-owned items. MCW Contractors will not, under any circumstances, move, alter, or install electrical outlets. It is recommended to have necessary electrical work performed prior to any service; failure to do so may result in delays and additional charges. MCW will not be responsible for damages resulting from any customer-provided parts (for example, a TV wall bracket failure).
Force Majeure: If MCW and/or its third-party service provider’s ability to provide services is impaired by circumstances beyond the control of MCW or its third-party service provider, including but not limited to road or traffic conditions, weather, natural disasters, strikes, or other causes, MCW or its third-party service provider may choose not to provide services.
Use of Software: If You download software from this Site or if MCW downloads (or suggests that You download) software to Your computer, the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to You by MCW or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to You, but remain with MCW or the respective software vendor, who owns full and complete title. You may not copy, transfer, sub resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until You have read and accepted these Terms.
You acknowledge and agree that MCW may, only upon Your selection of an approval icon, remotely access Your computer and check the software, databases and/or its components that You are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to Your computer. You understand that MCW may access personal information on Your computer or information related to Your computer; however, MCW shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by MCW on Your computer, except as required by law. Moreover, MCW shall provide You with a function to automatically terminate MCW access to Your computer at any time. MCW may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement. MCW agrees not to knowingly transmit to Your computer systems any virus, worm, Trojan-horse, sniffer, or other code designed to disrupt the functionality or availability of any of Your computer systems, programs or databases. In fact, it is MCW’s intention to eliminate these nuisances.
MCW Authorization to Download Software: You hereby designate and appoint MCW as agent and attorneys-in-fact to act for and in Your behalf to execute and submit any document and to do all other lawfully permitted acts with the same legal force and effect as if executed by You to purchase (if necessary), register and download software or for any other acts to further the purposes of the Agreement. MCW shall require that You enter Your own credit card number directly into the vendor website to facilitate the license of any software downloads that requires a one-time or periodic fee. Alternatively, MCW may request Your permission to purchase software on Your behalf, and if You agree, MCW may purchase software on Your behalf and charge Your credit card as part of the MCW invoice process. You agree to provide (and update) true, current, accurate and complete information about Yourself as requested during the MCW or vendor software registration process.
For any software which MCW downloads to Your computer and for which the software vendor requires review of the terms and conditions prior to download. You shall agree to the terms and conditions and review any periodic updates. If You disagree with any of the terms and conditions of the respective software for any reason, promptly uninstall the vendor software.
The respective software vendor shall be directly and solely responsible for all warranties, liabilities and customer service issues related to the vendor software. MCW disclaims all warranties and responsibilities related to the vendor software, and MCW shall not be liable to You or the software vendor for any reason.
Downloaded Vendor Software and Links to Third-party Web Sites: MCW shall attempt to monitor the health of Your computer and fix problems by providing suggestions, along with downloading and executing applicable components. MCW does not guarantee that MCW will locate, diagnose or fix any or all problems or eliminate all viruses, worms, spyware, etc. MCW may download software applications that constantly or intermittently run on Your computer which may execute code to analyze system performance and scan for problems. MCW may provide links to other third-party Web sites or resources or downloads of third-party software. Such links or software provided on this Site or by an MCW representative are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third-party or its products and services. MCW has not reviewed all of these vendor software and third-party sites and does not control and is not responsible for any of the vendor software, sites or their content. Thus, MCW makes no representations whatsoever about any other vendor software or web site which You may access through this Site, or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the vendor software or sites linked to this Site, You acknowledge and agree that MCW is not responsible for the availability of such external software, sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such software, sites or resources. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and You do so entirely at Your own risk. Accordingly, You agree that MCW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party software, materials, content, products or services provided by MCW or available on or through any such site or resource.
Use of Site: MCW authorizes You to view and download the software and materials at this Web site and other web sites that are linked to this site or affiliated with this site (“Site”), under the condition that all the information, communications, software (whether downloaded to Your computer by You or by MCW), scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”), is intended only for Your personal or company use (not for re-distribution to any other computer), and provided that You retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the Content at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited. The Content at this Site is copyrighted and any unauthorized use of the Content at this Site may violate copyright, trademark, and other laws.
Trademarks and Service Marks: There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, MCW is not granting You a license to use them in any fashion. MCW and MyComputerWorks are all pending and/or allowed applications in the U.S. Patent & Trademark Office. All other names and brands may be claimed as the property of others.
User Submissions: Other than personally identifiable information or information obtained by MCW regarding Your computer which MCW shall use for internal purposes and customer service only, any material, information or other communication You provide to MCW or transmit to this Site will be considered non-confidential and non-proprietary (“Communications”). MCW shall use commercially reasonable efforts to maintain the security of Your personally identifiable information; however, You submit such information at Your own risk. You agree that MCW may use only aggregate information and statistics regarding all client computers for any purpose. You understand and agree that any oral conversations or written communications to MCW may be recorded and used for training or marketing purposes. You agree not to disguise Your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted content, including impersonating another person or entity. For any of Your communications to MCW which include improvements to MCW business operations or functions, You grant MCW an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to You. MCW is not responsible for the privacy policies or content of any linked websites or of any vendors which provide the software suggested or downloaded by MCW.
Termination: This agreement shall commence on the date You accept these terms and purchase service or the date You begin receiving service from MCW, whichever is earlier, and shall continue in effect until You no longer are a customer of MCW. MCW, in its sole discretion, may terminate or restrict Your use or access to this Site (or any part thereof) or MCW services for any reason (and without notice), including, without limitation, if MCW believes You have violated or acted inconsistently with the letter or spirit of these Terms, or if You are in breach of the terms of this Agreement or any of the payment terms. You agree that MCW shall not be liable to You or any third-party as a result of MCW suspension or termination of services. Upon termination, You agree to immediately destroy or uninstall any copies of MCW software or other materials.
Disclaimer: THE MCW AND VENDOR SOFTWARE DOWNLOADED BY MCW (OR SUGGESTED BY MCW) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY MCW ARE PROVIDED “AS IS” WITHOUT ANY MCW WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MCW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, EFFECTIVENESS OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MCW SERVICES OR THE CONTENT OR FUNCTIONALITY OF THE MCW OR VENDOR SOFTWARE, SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Any software or material for which MCW suggests or downloads to Your computer is implemented at Your own discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material, or use of this site. Information published at this Site may refer to products, programs or services that are not available in Your country, or You must comply with all local laws, if applicable.
Limitation of Liability: IN NO EVENT WILL MCW BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF MCW OR VENDOR SOFTWARE DOWNLOADED OR SUGGESTED BY MCW OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF MCW SERVICES, THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, MCW’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR MCW SERVICES.
Applicable Laws: This Site is controlled by MCW from its offices within the United States of America. MCW makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States and Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the downloaded software or Content in violation of U.S. export laws and regulations. You agree to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which You reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.
Governing Law; Arbitration: These Terms will be governed by the laws of the State of Arizona. The parties further agree that in addition to any other court of competent jurisdiction, the Superior Court of Arizona in and for Maricopa County will have jurisdiction over the parties to any dispute, claim, or cause of action arising out of these Terms. Any dispute arising out of or in connection with these Terms which cannot be resolved by the parties hereto will be finally resolved by the parties in accordance with the then current International Arbitration Rules of the American Arbitration Association. The arbitration proceedings will be conducted in Phoenix, Arizona. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in any court having jurisdiction. The number of arbitrators shall be one (1) if the claim amount is less than $100,000 and the number of arbitrators shall be three (3) if the claim is equal to or greater than $100,000.
Entire Agreement: These Terms constitute the entire agreement between the parties concerning the purpose of these Terms and supersedes any other agreements and understandings concerning this purpose. These Terms may be amended, waived, or revoked only by written agreement of both parties. Failure to enforce any provision of these Terms will not act as a waiver of any term or right set forth herein.
Notices: Notices to You may be made via either email or regular mail. MCW may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Site.
Revisions: MCW may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and MCW makes no commitment to update the materials and services provided by MCW.
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