Warranty and Legal Info
Your Privacy is Very Important to Us.
We strive to offer our visitors and customers the many advantages of Internet technology and to provide an interactive and personalized experience. We respect your privacy and will never sell, barter, or rent your email address to any unauthorized third party. Period.
Like most websites, we also collect information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies.
What We Do With the Information We Collect.
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content. Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive).
This policy and the use of this Site are governed by the state in which we are primarily located. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the city and county in which we are primarily located. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the city and county in which we are primarily located, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
Our Company Commitment to Children’s Privacy.
Protecting children’s privacy is especially important to us. It is our policy to comply with all local, state and federal privacy regulations and all other applicable laws.
Our Company’s Commitment to Data Security.
Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Revisions to This Policy
Our company reserves the right to revise, amend, or modify this policy, our Terms Of Service agreement, and our other policies and agreements at any time and in any manner, by updating this posting.
Terms of Service:
Welcome to Relia-Tech. Our Terms of Service cover the following areas:
- General Terms and Conditions
- Remote Assistance and Help Desk Terms and Conditions
Customer engages Relia-Tech and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer.
Confidentiality and Storage of Customer Data
Relia-Tech will use any Customer information contained in the data, media and/or equipment provided to Relia-Tech by Customer only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer information in the strictest confidence. Any confidential information disclosed by Customer under this agreement will remain Customer’s sole property, and Relia-Tech shall employ reasonable measures to prevent the unauthorized use of such information. Relia-Tech will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Relia-Tech) and not to any other party. Relia-Tech is under NO obligation to store customer data, and will ONLY do so for the purpose of this service request. Data availability is not guaranteed.
Customer agrees to pay Relia-Tech all sums authorized from time to time by Customer, which will typically include charges for Relia-Tech services, reasonable travel and per diem expenses for on-site work, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by Relia-Tech, all such sums are due and payable in advance, by company check, bank money order, or credit card.
Acknowledgment of Existing Conditions
Customer acknowledges that the equipment/data/media may be damaged prior to Relia-Tech receipt, and Customer further acknowledges that the efforts of Relia-Tech to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. Relia-Tech regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during Relia-Tech efforts to complete the Engagement.
Service follow-up warranty:
If a computer issue or problem, which has been deemed resolved by Relia-Tech, reoccurs within 14 days of the conclusion of a specific repair or service call, Relia-Tech will review and re-diagnose the issue for no additional charges. Follow-up and review of the system or systems will occur in the same manner which the issue was initially diagnosed. For example, in-store services will be reviewed at Relia-Tech store, dispatched services will be reviewed and re-diagnosis on-site. In-store cases can be upgraded to an on-location review for $40.
If it is deemed by Relia-Tech personnel that symptoms are unrelated to the original repair, or that a new issue or problem is present which was not evident during the original resolution, additional charges may apply at the discretion of Relia-Tech, with customer approval. Relia-Tech may also attempt telephone technical support, or remote assistance via the internet. Relia-Tech personnel shall be arbiters of the conditions of the equipment upon review.
After the 14 day warranty period normal service charges will apply for all re-diagnosis. We promise to deliver service you can rely on.
Transportation of Equipment:
Customer acknowledges that the equipment/data/media may be damaged during the normal course of work, including transportation to and/or from the original equipment location, or to and/or from customer’s place of business or home. Customer agrees to indemnify Relia-Tech and Relia-Tech officers, employees, and directors from any and all losses associated with damage to equipment during the normal course of transportation and service. Customer may elect to transport equipment to and from Relia-Tech store.
Limitation of Liability; Limitation of Damages
In no event will Relia-Tech be liable for any indirect damages whatsoever. The total liability of Relia-Tech to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Relia-Tech.
Customer understands that if customer elects NOT to backup or recover their data during service (computer service), and/or before the operating system is reloaded, that all data that was previously on customer’s computer or other equipment MAY be lost & unrecoverable. Data availability is NOT guaranteed under any circumstances.
Customer’s Representation and Indemnification
Customer warrants to Relia-Tech that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Relia-Tech; and Customer will defend, at its expense, indemnify, and hold Relia-Tech harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against Relia-Tech resulting from Customer’s breach of this section.
The parties agree that the laws of the state of California shall govern this Agreement and agree to a venue in Santa Fe Springs, California; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party’s reasonable control. This Agreement, together with any exhibits or other attachments provided by Relia-Tech, constitutes the entire Agreement between the parties in relation to this subject matter.
Prices contained in any quotation, purchase order or contract are exclusive of and customer is responsible for all federal, state, municipal, or other government, excise, sales, use, import/export tariffs (duties) or like taxes.
Unless otherwise stated, payment for any purchase made by customer is due at the time services are rendered by Relia-Tech or, with prior approval of Relia-Tech, within fifteen (15) days from the date of invoice. Interest at the rate of 1 ½ % per month will be charged on accounts past due. Relia-Tech reserves the right to require cash on delivery or to suspend delivery of any order whenever customer’s account is past due.
Computer Systems Relia-Tech warrants that all parts and labor on complete computer systems purchased from Relia-Tech will be free from defects in material and workmanship for a period of (1) years from the date of installation. Dell ® or other name-brand systems are covered by Manufacturers warranties in lieu of Relia-Tech warranty, unless otherwise stated.
Relia-Tech warrants that all hardware installed by Relia-Tech on customer’s computer will be free from defects in material and workmanship for a period of (1) year from the date of installation, unless otherwise stated.
Relia-Tech makes no warranty, express or implied, regarding any Software. Relia-Tech does not guarantee the accuracy, adequacy or completeness of the services provided in connection with any software. Customer acknowledges and agrees that customer is responsible for compliance with all applicable licenses or other agreements with respect to software. Customer agrees that any request by customer for installation of software by Relia-Tech shall constitute customer’s representation and warranty that customer has the right to use the software in the manner in which it is then being used. Customer agrees that Relia-Tech and it’s affiliates shall have no liability whatsoever for breach of any license or other agreement between customer and any third party, and customer hereby agrees to indemnify and hold harmless Relia-Tech, it’s owners, officers, directors, employees, agents and affiliates from any and all liability, damages, costs and expenses (including legal fees) arising out of the breach of or noncompliance with any such third party agreement.
Exclusions from Warranties
The warranties above are limited warranties and Relia-Tech does not warrant or cover:
- Damage caused by moving the Equipment in any fashion
- Damage caused by impact with other objects, dropping, falls, spilled liquids or immersion in liquids;
- Damage caused by disasters such as fire, flood, wind, earthquakes, or lightning;
- Damage caused by modifications, changes, additions, or attachments not approved in writing by Relia-Tech;
- Defects of damage caused by failure to provide a suitable environment for the hardware system;
- Damage caused by use of the hardware system for purposes other than those for which it was intended;
- Damage resulting from improper maintenance; and
- Damage caused by any other abuse, misuse, mishandling or misapplication.
Procedures for Warranty Service
Customer shall promptly notify Relia-Tech of the defect, including a reasonable detailed description of the problem or difficulty, which has been experienced.
Disclaimers and Limitations of Liability
To the fullest extent permissible by law, Relia-Tech disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to services provided, and/or Content or other materials provided either in-store, or on our website. Relia-Tech does not warrant the accuracy, completeness or usefulness of any information contained on this site or that the functions contained in the Content will be uninterrupted or error-free, that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. You (and not Relia-Tech) assume the entire cost of all necessary servicing, repair or correction.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RELIA-TECH BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM SERVICES PROVIDED. IN NO EVENT SHALL RELIA-TECH’S TOTAL LIABILITY TO YOU FROM ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO RELIA-TECH, IF ANY, FOR ANY SERVICES PROVIDED BY RELIA-TECH.
You agree to indemnify, defend and hold Relia-Tech and its officers, directors, owners, agents, and information providers harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Relia-Tech Services provided. Relia-Tech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with Relia-Tech defense of such claim.
REMOTE ASSISTANCE TERMS AND CONDITIONS
IMPORTANT NOTICE: These Terms of Service apply only to remote assistance and help desk services, which mean Relia-Tech performs technology services for you over the telephone and/or via the internet. Please note that different Terms of Service apply to services rendered at Relia-Tech stores (see General Computer Service Terms and Conditions above for more information.)
(a) General Services:
Relia-Tech will attempt to diagnosis your technology problem, and then provide you with a technology solution over the telephone or via the Internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control. All help desk and remote assistance services, provided in any fashion, include minimum support and/or diagnostic fees.
(b) Remote Assistance Services:
Remote assistance services may be offered to you over the telephone or via the Internet if your PC was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Microsoft Windows 7 or newer.
If you elect to receive remote assistance, then Relia-Tech remotely logs on through your high-speed Internet connection to view, and with your permission, control, your computer desktop from a remote location. Relia-Tech stays in contact with you to keep you fully briefed on every step of the process as your technology problem is resolved. Remote support may involve the installation of software on your computer that will allow Relia-Tech to provide the remote support services. By electing to receive remote support, you agree to allow Relia-Tech to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there may be software from the remote session left on your computer; additionally, there may be notes, possibly in the form of a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer.
c) Your Responsibility:
You understand and agree that prior to contacting or allowing Relia-Tech to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Relia-Tech shall not be responsible under any circumstance for any loss or corruption of data and/or software. All services are governed by our general disclaimers regarding data and data backup.
If you are not satisfied with remote services received from Relia-Tech, please call (562) 566-3066. We warrant our remote services for 48 hours following the date you received remote service; however, for repairs necessitated by a virus or spyware, the service warranty is valid only if the anti-virus and anti-spyware protection for your product is installed or updated during the repair or promptly thereafter (i.e., before you connect again to the Internet). If there is a problem with the service provided by Relia-Tech and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost, in the same manner in which the service was provided. You may elect, for an additional fee, to upgrade your service issue to an on-location, physical, appointment with a technologist. Fees will be charged according to our standard billing rates, and are subject to change at any time without notice.
LAST UPDATED: May 15, 2015
IMPORTANT NOTICE: These terms of service apply to any and all services ordered from Relia-Tech by phone at (562) 566-3066, or any other contact phone number(s), as well as services ordered at a Relia-Tech store. However, services ordered in-store may differ from the terms of service defined here, depending on the service ordered.
PAY FOR SUPPORT
Relia-Tech will attempt to diagnose and solve problems over the telephone or internet for an applicable fee. In certain cases, however, this may not be possible because of problems with your computer or its configuration that are beyond our control.
(b) User Responsibility:
You understand and agree that before Relia-Tech performs diagnostic repair on your computer, it is your responsibility to back up the data, software, information, or other files stored on your computer disks and/or drives. You acknowledge and agree that Relia-Tech shall not be responsible under any circumstance for any loss or corruption of data and/or software.
1. ON-LOCATION COMPUTER SERVICE SCHEDULING
Standard service hours are Monday through Friday 7:30 A.M. to 4 P.M., We are also open Saturdays by appointment. Additional charges may apply for rapid response or service outside of standard hours. On-location and remote assistance services are not available on weekends, unless prearranged.
Relia-Tech on-location services are provided within a 100 mile radius of the Relia-Tech store. If a location lies beyond Relia-Tech’s standard Service Jurisdiction, additional travel charges may apply.
ADDITIONAL or ADD-ON SERVICES
These are available only to customers who have already purchased one on-site service and must be one of the following: backup, software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation, and many more. Please refer to our standard pricing and service descriptions for more information. Services listed on Relia-Tech.net are not a complete list of all services provided. Please call (562) 566-3066 for more information.
For on-site 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 when the Relia-Tech agent arrives, services will be denied and a cancellation charge will be assessed in the amount of the minimum on-location diagnostic fee ($99).
It is your responsibility to back up all software and data on your computer’s hard drive(s) and/or any other storage devices before the Relia-Tech agent arrives. Relia-Tech and/or its third-party service provider shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Relia-Tech does provide backup solutions, and can assist in setting up a backup system.
2. MINIMUM SYSTEM REQUIREMENTS
(Wireless home networking only)
- At least 10MB free hard disk space and 2GB RAM on each computer
- Operating system and/or ISP passwords must be available
- Microsoft Windows 7 operating system or later,
- Operating system discs and key codes must be available
- All computers and/or peripherals must be in good working order and spyware free
- Broadband services, if any, must be installed and operational before service, including modem connections.
The Relia-Tech Technologist 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, work space, and 4) electrical power. If the Relia-Tech Technologist determines that these conditions have not been met, services may be denied and a cancellation charge assessed in the amount of the minimum diagnostic fee ($99).
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that Relia-Tech relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of your customer account. You agree to promptly notify Relia-Tech whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
3.2 You agree that you are responsible for all use on your account, including any secondary personnel, employees, or your agents which may use services on your account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission.
3.3 If you purchase a pre-paid Service plan, for personal or business use, that includes a pre-determined allocation of Services (for example, pre-purchasing a certain number of hours of help desk or remote assistance services, unused allotment of Services will remain in your customer account until used.
3.4 If you pre-purchase or subscribe to any Relia-Tech Services: You may not resell the Service, use it for high volume purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by Relia-Tech.
3.5 If you purchase a pre-paid Service plan for one computer, or a block of computers, you may only use the service in connection with those computers. You hereby acknowledge and agree that help desk, remote assistance, and maintenance plans cover only the software, hardware and peripherals. Relia-Tech reserves the right to charge an additional fee to perform Services that you request that are not covered by any service plans or agreements, or to refuse to perform such service. As part of our services, Relia-Tech may require you to install certain software to assist Relia-Tech in the provision of the Services. Relia-Tech reserves the right to terminate this Agreement if you (i) do not agree to install the software on your PC; or (ii) alter, modify or disable the software, or its settings or configurations.
5. AVAILABILITY OF SERVICE
5.1 The Service you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. Services are subject to our standard business hours policies. For Remote Assistance, we may choose to qualify your internet connection for the minimum line rate (speed) available for support. All help desk and remote assistance services require internet access; it is your responsibility to ensure that you have adequate connectivity to the Internet. All Services are provided on an AS IS basis. Line rate, access and availability of Service are not guaranteed.
5.2 Relia-Tech or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
5.3 Relia-Tech will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, you hereby acknowledge that circumstances outside of Relia-Tech’s control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in Relia-Tech’s ability to schedule a service session. You hereby release Relia-Tech from any and all liability, and agree that Relia-Tech shall not be liable to you or any third party for any direct or indirect damages, resulting from such delays.
6. SOFTWARE LICENSES AND THIRD PARTY SERVICES
6.1 In connection with our Service, we may provide to you, via download, CD, other media, or other delivery method the use of certain software which is owned by Relia-Tech or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software (“Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose.
6.2 The Software may be accompanied by an end user license agreement from Relia-Tech or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
6.3 With regard to any Software for which your acceptance of a separate license agreement is not required (“Relia-Tech Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Relia-Tech to use the Relia-Tech Software (and any corrections, updates and upgrades). You may not make any copies of the Relia-Tech Software. You agree that the Relia-Tech Software is the confidential information of Relia-Tech or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Relia-Tech Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Relia-Tech or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Relia-Tech Software, or otherwise reduce the Relia-Tech Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Relia-Tech Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Relia-Tech Software. You acknowledge that this license is not a sale of intellectual property and that Relia-Tech or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Relia-Tech Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the Relia-Tech Software is strictly prohibited.
6.4 Third Party Software: As part of the Services, Relia-Tech may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Relia-Tech assists you in the acquisition, installation, and/or use of Third Party Software. Relia-Tech has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
6.5 We provide technical assistance and support for the Software and the Relia-Tech Software in accordance with our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
6.6 Your license to use the Software and the Relia-Tech Software shall remain in full force and effect unless and until terminated by Relia-Tech, its third party licensors, providers or suppliers, or until your customer account is terminated. Upon termination of your customer account for any reason, you must cease all use of the Software and the Relia-Tech Software and immediately delete the Software and the Relia-Tech Software from your computer.
6.7 Other Third Party Agreements: As part of the Services, Relia-Tech may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Relia-Tech may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Relia-Tech’s sole discretion, result in the termination of your customer account and use of service.
7. TERM AND TERMINATION
7.1 Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until terminated by either party as permitted by this Agreement. Billing for your remote, on-site, drop-off or telephone computer support service will apply on an ‘as used’ basis.
7.2 Termination of Service.
7.2.1 If you are a pay-as-you-go, help desk, or maintenance subscription service customer, either you or Relia-Tech may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Activation or set-up fees paid at the initiation of your service, if any, are not refundable. Termination by Relia-Tech shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by Relia-Tech, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You understand and agree that any software that you acquire and install as part of service provision may cease to operate, update or function properly after termination of the agreement and relationship.
7.2.2 Termination and/or Suspension by Relia-Tech. If, in the sole discretion of Relia-Tech: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Relia-Tech’s network, or the use and enjoyment of other users; (c) Relia-Tech receives an order from a court to terminate your Service; (d) if Relia-Tech for any reason ceases to offer the Service; (e) if you are no longer a Relia-Tech customer, or (f.) Relia-Tech determines that you are abusing the Service or using the Service excessively then, Relia-Tech at its sole election may terminate or suspend your Service immediately without notice.
7.2.3 Terminated Account. Relia-Tech, in its sole discretion, may refuse to accept your request for service, renewal or re-subscription following a termination or suspension of your use of the Service.
8. PRICING AND PAYMENT
8.1 Pricing and Fees. Relia-Tech fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the Relia-Tech web site, unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Any monthly recurring charges (subscription help desk or maintenance plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. Relia-Tech or its agent will bill you directly, or charge your credit card, as you request and as approved by Relia-Tech. Relia-Tech does not accept debit cards for payment of any charges or fees.
8.2 Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time in the placement of Service charges on your credit card, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.
8.3 Late Fees. If any portion of your bill is not paid by the due date, Relia-Tech may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of five percent (5%) per month, or the highest rate permitted by law. In the event Relia-Tech utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees.
8.4 Local telephone, Toll and Long Distance Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.
8.5 You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service.
8.6 Missed Appointments. If you do not contact Relia-Tech a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you may be charged, at Relia-Tech’s option, a missed appointment fee according to the following schedule: On-location computer support: $40 missed appointment fee, Remote Assistance Support: $25 service fee that is converted into 15 minutes of remote support and added to your account for future use
8.7 Service without Resolution. Relia-Tech will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If Relia-Tech is unable to resolve your computer problem, you will still be liable for charges for time spent by Relia-Tech in an attempt to correct a problem.
8.8 Unable to Create Online Connection. Relia-Tech will not charge you if Relia-Tech cannot connect with your computer in attempt to provide remote computer support service.
8.9 The waiver of any fees or charges lies solely at the discretion of Relia-Tech.
8.10 Relia-Tech reserves the right to charge service fees to a customer’s credit card up to eight (8) weeks after the conclusion of service.
8.11 All customer hardware, software and services that are not paid in full for become the property of Relia-Tech after 60 days of completed service.
9. LIMITATIONS ON USE OF THE SERVICE
9.1 You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.
9.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Relia-Tech and Relia-Tech is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further agree that Relia-Tech does not own or control all of the various facilities and communications lines through which service may be provided, nor does Relia-Tech guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Relia-Tech.
9.3 You agree that Relia-Tech cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.
9.4 You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Relia-Tech is not responsible for invalid destinations, transmission errors, or corruption or security of your data.
9.5 You are not authorized to use any Relia-Tech name or mark as a hypertext link to any Relia-Tech Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Relia-Tech. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply Relia-Tech’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.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY RELIA-TECH (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), RELIA-TECH (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY RELIA-TECH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF RELIA-TECH COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
10.2 RELIA-TECH DOES NOT WARRANT THAT THE SERVICE PROVIDED BY RELIA-TECH WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. RELIA-TECH SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. RELIA-TECH MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. RELIA-TECH MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
10.3 IN NO EVENT SHALL RELIA-TECH (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF RELIA-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO RELIA-TECH’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH RELIA-TECH (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), RELIA-TECH’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.
10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
10.7 RELIA-TECH RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
You agree to defend, indemnify and hold harmless Relia-Tech from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.
12.1 Notices required under this Agreement by you shall be provided to Relia-Tech, Attn: Customer Service. Notices by Relia-Tech to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.
12.2 With regard to electronic communications, you and Relia-Tech further agree that, when applicable: (a) the User ID and/or alias of a sender, contained in an electronic communication (“email”), is legally sufficient to verify the sender’s identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
13. GENERAL PROVISIONS
13.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
13.2 Relia-Tech will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
13.3 You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
13.4 You and Relia-Tech agree that the substantive laws of the State of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND RELIA-TECH CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SANTA FE SPRINGS COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
13.5 Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Relia-Tech or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
13.6 In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.
13.7 Relia-Tech’ failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
13.8 This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and Relia-Tech with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.