1. Availability of Services DialAGeek®’s telephone support services and online technical support services and products (collectively, the “Membership Services”) are available only to one (1) registered user (each, a “Member”) for the one (1) or more computer systems registered (each, a “Registered System”) with DialAGeek under the specific Membership Service Program that each Member is registered to. Toll-free telephone support is only available to Members calling from within the United States.
2. Supported Technology
The Membership Services include telephone support services and online technical support services for the following Personal Computers, devices, operating systems, applications and other items listed here. As new computer technology becomes generally available, DialAGeek will use its best efforts to support such technology also.
3. DialAGeek’s Responsibilities
DialAGeek will use its best efforts to resolve Members’ basic computer technical problems for a Registered System. DialAGeek will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Live and online response times may be delayed due to research and inquiries, as may be necessary. DialAGeek’s live or online technical support does not assure that every request for technical support will be resolved to Member’s satisfaction, and DialAGeek’s responses constitute only technical advice or suggestions. Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic or online support. DialAGeek has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve Member’s technical problem.
4. Member’s Responsibilities
Member is responsible for providing DialAGeek with complete information concerning each Registered System, and to notify DialAGeek by email in the event Member wishes to change a Registered System. Prior to seeking technical support, Member is solely responsible for adequate protection and backup of Member’s data, software and/or hardware. Member shall not provide Member’s password to any third person or permit its use by any third person. Member understands and acknowledges that neither DialAGeek nor any of its third-party product or service providers shall be responsible for any lost data, re-run time, inaccurate output, or work delays resulting from any technical support services, other services, or products provided by DialAGeek.
5. Repair Services and Parts Replacement
Onsite Repair Services, and Parts Replacement coverage provided under the appropriate membership plan shall only be available to the member 30 days after the effective date of a new or upgraded membership. Onsite Repair services under the Membership Plan will be provided by third party affiliates of DialAGeek as long as the Member ships the Registered System at his/her own costs directly to the third party service provider. The third party provider shall pay shipping charges for the return of the Registered System. Additional charges for necessary replacement parts will apply subject to Member approval. DialAGeek reserves the right to change third party service providers without notice to the Member. Service provider makes no representation nor does it guaranty exact replacement parts. Member agrees that the repair service provider has the sole discretion to use new, refurbished, or reasonably comparable parts, if necessary.
6. Optional Services
Optional onsite services for software, hardware, installations, training, and other support services outside the scope of the standard services are available on an hourly basis. Additional service charges will apply and will be quoted on a case-by-case basis. Direct billing will be handled by DialAGeek.
7. DialAGeek Privacy Policy; Third-Party Privacy Practices
All use of the Membership Services and the DialAGeek website is subject to DialAGeek’s Privacy Policy, which may be reviewed by clicking here. Though DialAGeek promotes responsible privacy policies, DialAGeek cannot control or be responsible for the privacy practices of third-party websites or service providers to which the DialAGeek website contains links, or for the privacy practices of providers of software or other repair services or products that are available from the DialAGeek website or membership plan.
8. LIMITATIONS ON USE OF THE SERVICE
You agree that each Member is allowed to utilize 1 Get Help Session per quarter. Each Get Help Session must be utilized in the quarter of else it expires. The Get Help sessions are not cumulative and expire after utilization or at the end of each quarter.
You are not authorized to use any DialAGeek name or mark (including ‘DialAGeek’) as a hypertext link to any DialAGeek Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of DialAGeek. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply DialAGeek’s approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content. DialAGeek Affiliates may use the DialAGeek name and link to the DialAGeek web site solely in accordance with the terms and conditions of the DialAGeek Affiliate Program.
9. Renewal and Cancellation
Each DialAGeek membership will be automatically renewed for another annual membership term on the anniversary of Member’s original enrollment date (the “Anniversary”), at the same annual fee and plan type, unless Member notifies DialAGeek thirty (30) days prior to the Anniversary that Member elects not to renew the membership. Member must contact DialAGeek’s Sales and Customer Service Center at 1800 DialAGeek in order to notify DialAGeek of the non-renewal, and must present the correct membership, credit card, and registration information for verification and authorization to cancel. Refunds will not be given for cancelled accounts.
10. Memberships Non-Transferable
DialAGeek memberships, and all rights of Members to receive Membership Services, are non-transferable.
11. NO WARRANTIES
DialAGeek’S MEMBERSHIP SERVICES, THE DialAGeek WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE DialAGeek WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY DialAGeek AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DialAGeek ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE MEMBERSHIP SERVICES, THE DialAGeek WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE DialAGeek WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY DialAGeek OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL DialAGeek BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE MEMBERSHIP SERVICES, THE DialAGeek WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE DialAGeek WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY DialAGeek OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Force Majeure
In the event DialAGeek’s delivery of the Membership Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer “hacking” attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond DialAGeek’s reasonable control, then DialAGeek shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
14. Modifications to Terms of Service
DialAGeek reserves the right to amend the Terms of Service that govern use of the Membership Services and the DialAGeek website at any time by (a) posting a revised version of the Terms of Service on the DialAGeek website (www.DialAGeek.com/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address Member provides to DialAGeek. Member is responsible for regularly reviewing the DialAGeek website to be notified of any amendments to the Terms of Service. Member’s continued use of the Membership Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Member shall be deemed acceptance by Member of the amended Terms of Service.
15. Fair Usage Policy; Suspension or Termination of Memberships
Though DialAGeek has limits on the amount of telephone or online support requests a Member may make annually, each Member’s use of the Membership Services is subject to DialAGeek’s “fair use” policy. Under this policy, if at any time, in DialAGeek’s sole discretion, Member’s use exceeds the level of use reasonably expected from someone using a Membership Plan for individual use or for business use, then DialAGeek reserves the right to suspend or terminate Member’s Membership Services. In addition, DialAGeek reserves the right to suspend or terminate any Membership Services of any Member that DialAGeek, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member, or (c) for any computer system other than a Registered System.
16. General
In addition to the Terms of Service, Member agrees to be bound by the Privacy Policy and all other legal notices contained on the DialAGeek website, which collectively constitute the entire agreement between Member and DialAGeek. DialAGeek and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. California law will govern any action related to the Terms of Service, without regard to conflict of law principles. The Terms of Service shall be construed as if it was executed and performed in San Francisco, California. Any cause of action by a Member or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. DialAGeek’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The DialAGeek website is available internationally and may contain references to DialAGeek products, services, and programs that are not available in a viewer’s country. These references do not imply that DialAGeek intends to make such products, services, or programs available in such country.
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