ATTENTION: USING COMPUTER CENTERS USA, INC. ("REMOTE RESTORE") 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 REMOTE RESTORE SERVICES OR THIS WEB SITE.
This User agreement is by and between Computer Centers USA (“REMOTE RESTORE”), a Florida 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 REMOTE RESTORE’s website and services.
The Service. REMOTE RESTORE services include interaction with a live technician who will attempt to improve the performance of your system by modifying your personal desktop software. Exemplary services include downloading and running both fee based and free software fixes, along with manually modifying and repairing Microsoft® operating systems, including Windows 2000 and Windows XP, and Microsoft Office software, including Office 2000, Office XP/2002, and Office 2003 applications. Hardware, network and application support (games, business, personal productivity) beyond problem identification help is not available. The services are only available in the English language for customers in the United States at this time.
REMOTE RESTORE provides the following support:
Remove and secure your PC against pop-ups, viruses, spyware, Trojan horses, worms, and other undesirable programs and files.
Optimize Microsoft® Windows XP or 2000 operating system and Microsoft Office 2000, XP/2002, or 2003 software to improve system performance and security.
Update Microsoft® software and eliminate compatibility issues.
Answer "how to" questions related to Microsoft® Windows XP or 2000 operating system and Microsoft Office 2000, XP/2002, or 2003 applications.
Provide hardware and software recommendations.
Provide problem identification help for hardware and network issues.
Provide support with software firewalls and Parental Controls.
The customer must comply with all laws. If REMOTE RESTORE believes that a crime has, may have or will be committed in the future, REMOTE RESTORE 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, REMOTE RESTORE shall attempt to provide services 14 hours per day, 8:00am to 10:00pm MST, seven (7) days per week. You agree that from time to time REMOTE RESTORE services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment failures, (2) periodic maintenance procedure or repairs which REMOTE RESTORE may undertake, (3) causes beyond the control of REMOTE RESTORE or which are not reasonably foreseeable by REMOTE RESTORE, including without limitation, interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion or other failures.
Fees. In consideration for REMOTE RESTORE providing its services or granting a license to certain REMOTE RESTORE software for the term of this Agreement, You agree to pay REMOTE RESTORE a service fee. The service fees relate to a single personal computer only. 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. REMOTE RESTORE reserves the right to increase the fees at any time and the increased fees shall only be posted on the REMOTE RESTORE 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 REMOTE RESTORE to purchase service. If You select a monthly payment plan, You will be billed in advance on the date You purchased the service for the next month’s. You agree to keep a valid credit or debit card on file in the REMOTE RESTORE website throughout the term of this Agreement.
Term of Agreement: The term of this agreement is for 12 months.
Payment Plans (see REMOTE RESTORE website for current service plans and pricing).
Most Plans require payment of a lifetime activation fee.
Monthly Plans: A month to month service agreement paid in advance.
Month to Month plan is for a 12 month agreement and monthly payments are automatically billed to your credit card.
Plan B: Minimum 90 days of service.
Service Renewal. Your service agreement renews automatically based on the plan you have selected. If You selected a monthly plan, Your service will automatically be renewed following the initial term. Charges will continue until You provide written notice to REMOTE RESTORE that you wish to cancel Your service.
Cancellation Policy. If You select a monthly payment plan and terminate this agreement prior to the end of the term, You agree to pay a cancellation fee equal to the number of hours of service provided at $60 per hour, or $100, which ever amount is greater. If for any reason REMOTE RESTORE is unable to charge Your credit card or debit card with the full amount of the service provided REMOTE RESTORE may pursue all available remedies in order to obtain payment, including turning Your account over to a collection agency. In addition, REMOTE RESTORE is entitled to recover any sums expended in connection with the collection of fees, including reasonable collection agency fees and attorney’s fees.
Refund Policy. Refunds will not be issued after services have been rendered. If REMOTE RESTORE 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 REMOTE RESTORE. A partial refund, if issued, will be determined by subtracting the number of service hours provided at $60 per hour from customer payments. All requests for refunds shall be made via a written notice to the REMOTE RESTORE billing department at sales@remoterestore.com.
100% Service Guarantee: Our money back service guarantee is as follows
Subscribe to remote restore.
Use the service within the first 30 days of purchase.
If on the first remote session we are unable to fix your computer online and you are not satisfied with the service, we will refund your activation fee along with the first month service.
100% satisfaction or money back guarantee!
At the sole discretion of the company we reserve the right to send you a technician onsite and at our cost prior to a refund. If onsite technician resolves the issue, no refund will be issued.
Customer must agree to work with technician in customer’s best effort to resolve the issue
Guarantee is valid only if the issue is a software related issue and NOT hardware.
Your Cooperation. You agree that Your computer has a high-speed or broadband connection to the Internet, along with a valid, already-installed copy of Microsoft Windows 2000 or XP operating system software. You agree to allow REMOTE RESTORE to temporarily control Your computer and access your computer functions. You agree to leave Your computer and internet connection operating while REMOTE RESTORE is diagnosing, downloading or fixing your computer. For the most efficient and cost effective service, You agree to allow REMOTE RESTORE 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 REMOTE RESTORE will attempt to obtain Your prior approval before deleting or installing important software, You agree to allow REMOTE RESTORE to improve Your computer operations without obtaining Your prior approval.
Windows Vista Users. For REMOTE RESTORE to access your Windows 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 REMOTE RESTORE is accessing your computer. After each time REMOTE RESTORE terminates its access to your computer, you agree to re-enable the UAC as instructed by REMOTE RESTORE. You agree that REMOTE RESTORE is not liable or responsible for any security breaches during the time REMOTE RESTORE is on your computer, or if you do not re-enable your UAC as directed after REMOTE RESTORE terminates access to your computer.
Use of Software. If You download software from this Site or if REMOTE RESTORE 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 REMOTE RESTORE or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to You, but remain with REMOTE RESTORE 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 REMOTE RESTORE 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 REMOTE RESTORE may access personal information on Your computer or information related to Your computer; however, REMOTE RESTORE shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by REMOTE RESTORE on Your computer, except as required by law. Moreover, REMOTE RESTORE shall provide You with a function to automatically terminate REMOTE RESTORE access to Your computer at any time. REMOTE RESTORE may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement. REMOTE RESTORE 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 REMOTE RESTORE’s intention to eliminate these nuisances.
REMOTE RESTORE Authorization to Download Software. You hereby designate and appoint REMOTE RESTORE 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. REMOTE RESTORE 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, REMOTE RESTORE may request Your permission to purchase software on Your behalf, and if You agree, REMOTE RESTORE may purchase software on Your behalf and charge Your credit card as part of the REMOTE RESTORE invoice process. You agree to provide (and update) true, current, accurate and complete information about yourself as requested during the REMOTE RESTORE or vendor software registration process.
For any software which REMOTE RESTORE downloads to Your computer and for which the software vendor requires review of the terms and conditions prior to download, REMOTE RESTORE shall send (via email only) a copy of any available software terms and conditions to You as soon as practical. 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. REMOTE RESTORE disclaims all warranties and responsibilities related to the vendor software, and REMOTE RESTORE shall not be liable to You or the software vendor for any reason.
Downloaded Vendor Software and Links To Third Party Web Sites. REMOTE RESTORE shall attempt to monitor the health of Your computer and fix problems by providing suggestions, along with downloading and executing applicable components. REMOTE RESTORE does not guarantee that REMOTE RESTORE will locate, diagnose or fix any or all problems or eliminate all viruses, worms, spyware, etc. REMOTE RESTORE may download software applications that constantly or intermittently run on your computer which may execute code to analyze system performance and scan for problems. REMOTE RESTORE 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 REMOTE RESTORE 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. REMOTE RESTORE 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, REMOTE RESTORE 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 REMOTE RESTORE 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 REMOTE RESTORE 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 REMOTE RESTORE or available on or through any such site or resource.
Use of Site. REMOTE RESTORE 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 REMOTE RESTORE), 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, REMOTE RESTORE is not granting You a license to use them in any fashion. REMOTE RESTORE™ is 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 REMOTE RESTORE regarding Your computer which REMOTE RESTORE shall use for internal purposes and customer service only, any material, information or other communication You provide to REMOTE RESTORE or transmit to this Site will be considered non-confidential and non-proprietary ("Communications"). REMOTE RESTORE 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 REMOTE RESTORE 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 REMOTE RESTORE may be recorded or used for training 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 REMOTE RESTORE which include improvements to REMOTE RESTORE business operations or functions, You grant REMOTE RESTORE an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to You. REMOTE RESTORE 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 REMOTE RESTORE.
Termination. This agreement shall commence on the date You accept these terms and purchase service or the date You begin receiving service from REMOTE RESTORE, whichever is earlier, and shall continue in effect until You no longer are a customer of REMOTE RESTORE. REMOTE RESTORE, in its sole discretion, may terminate or restrict Your use or access to this Site (or any part thereof) or REMOTE RESTORE services for any reason (and without notice), including, without limitation, if REMOTE RESTORE 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 REMOTE RESTORE shall not be liable to You or any third party as a result of REMOTE RESTORE suspension or termination of services. Upon termination, You agree to immediately destroy or uninstall any copies REMOTE RESTORE software or other materials.
Disclaimer. THE REMOTE RESTORE AND VENDOR SOFTWARE DOWNLOADED BY REMOTE RESTORE (OR SUGGESTED BY REMOTE RESTORE) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY REMOTE RESTORE ARE PROVIDED "AS IS" WITHOUT ANY REMOTE RESTORE WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. REMOTE RESTORE 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 REMOTE RESTORE SERVICES OR THE CONTENT OR FUNCTIONALITY OF THE REMOTE RESTORE 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 REMOTE RESTORE 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 REMOTE RESTORE 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 REMOTE RESTORE OR VENDOR SOFTWARE DOWNLOADED OR SUGGESTED BY REMOTE RESTORE OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF REMOTE RESTORE 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, REMOTE RESTORE’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 REMOTE RESTORE SERVICES.
Applicable Laws. This Site is controlled by REMOTE RESTORE from its offices within the United States of America. REMOTE RESTORE makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, 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. Your 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 if the claim amount is less than $100,000 and the number of arbitrators shall be three 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. REMOTE RESTORE 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. REMOTE RESTORE 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 REMOTE RESTORE makes no commitment to update the materials and services provided by REMOTE RESTORE.
Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE AND UNINSTALL ANY REMOTE RESTORE SOFTWARE OR VENDOR SOFTWARE DOWNLOADED TO YOUR COMPUTER BY REMOTE RESTORE.
