ATTENTION: USING CompUSA SERVICES, OR THIS WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE CompUSA SERVICES OR THIS WEB SITE.
This User Agreement ("Agreement") is by and between CompUSA Inc. ("CompUSA"), a Delaware corporation, and You, Your assigns, agents and contractors ("You" or "Your") and is made effective as of the date of electronic execution. You agree to be bound by the terms of this Agreement for transactions entered into by You or by anyone acting on Your behalf as Your agent or otherwise, and transactions entered into by anyone who uses Your account. This Agreement sets forth the terms and conditions of use for CompUSA's TechProLive services ("Services"). By using this website or our Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new or additional terms and conditions that CompUSA may establish from time to time. New or additional terms and conditions are effective when posted.
The Service. CompUSA service includes interaction with a live technician who will attempt to improve the performance of Your system by modifying Your personal computer software. Our services may 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 available in the English language only and for customers in the United States and Puerto Rico only.
CompUSA provides the following support for individual use:
- Removal of pop-ups, viruses, spyware, Trojan horses, worms, and other undesirable programs and files.
- Configure security settings.
- Optimizing Microsoft� Windows operating system and Microsoft Office software to improve system performance and security.
- Updating Microsoft� operating system and office software and eliminate compatibility issues.
- Answering "how to" questions related to Microsoft� Windows operating system and Microsoft Office applications.
- Hardware and software recommendations.
- Problem identification help for hardware and network issues.
- Support using software firewalls and Parental Controls
Availability of Service. Subject to the terms and conditions of this Agreement, CompUSA shall attempt to provide services 24 hours per day, seven (7) days per week. You agree that from time to time CompUSA service may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment failures, (2) periodic maintenance procedure or repairs which CompUSA may undertake, (3) causes beyond the control of CompUSA or which are not reasonably foreseeable by CompUSA, including without limitation, interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion or other failures.
Fees. In consideration for CompUSA providing its service or granting a license to certain CompUSA software for the term of this Agreement, You agree to pay CompUSA a service fee. The service fee relates to a single personal computer only. Additional fees are required for additional computers, for transfer of this Service to a different computer, or to reconfigure the single computer in the event of a hardware failure. CompUSA reserves the right to increase the fees at any time. The increased fees shall be posted on the CompUSA website, which You should review from time to time.
Payment. (see CompUSA website for current service plans and pricing).
- Plans require payment of a one time, up-front activation fee.
- Annual Plan: A 365-day service plan.
- Support Plans: A 90-day or 180-day service plan.
- Per Incident Plans: Service is charged on a per incident basis and requires You to pay in advance. Prior to initiating service, a credit card or debit card authorization will be required.
- Duration: plans start on your date of purchase and expire at the end of the last day of the plan purchased [plus one day].
If, for any reason CompUSA, is unable to charge Your credit card or debit card with the full amount for the Service provided, CompUSA may pursue all available remedies in order to obtain payment, including turning Your account over to a collection agency. In addition, CompUSA is entitled to recover any sums expended in connection with the collection of fees, including reasonable collection agency fees and attorneys' fees. Past due amount shall bear interest at the lessor of 1�% or the highest lawful amount.
Service Renewal. Your service Agreement is for a period of time based on the duration of the plan You purchased. If You selected an annual plan, You will be notified via email approximately 30 days prior to the end of Your service term to renew services for the following year. Per incident plans expire after the issue is resolved or the Service incident is terminated.
Refund Policy. The length of Your service Agreement depends on the plan purchased. A refund will not be issued after service has been rendered. If CompUSA is unable to solve a problem or determines that Your computer is not serviceable, a partial refund may be issued at the sole discretion of CompUSA. The partial refund will be determined by subtracting the number of service hours provided at $58 per hour from Your payments. All requests for refunds shall be made via a written notice to the CompUSA billing department at [email protected].
Your Cooperation. Your computer must have a high-speed or broadband connection to the Internet, along with a valid, licensed, installed copy of Microsoft Windows operating system software. You agree to allow CompUSA to temporarily control Your computer and access Your computer functions. You agree to leave Your computer and internet connection operating while CompUSA is working on Your computer. For the most efficient and cost effective service, You agree to allow CompUSA to download certain suggested software (may require fee-based software if sufficient freeware is not available) or remove harmful software or databases to facilitate proper diagnosis or functioning of Your computer. We will allow you to review and accept the end user license agreement for installed software. You agree to allow CompUSA to improve Your computer operations without obtaining Your prior approval to delete files CompUSA deems necessary for Services.
Apple OS. Support of Apple OS 10 software is limited to over the phone support only.
Windows.CompUSA does not support enterprise versions of Windows software or operating systems with this plan. Support is limited to Window XP or 2000. Office is limited to 2000, XP, or 2003.
Use of Software. If You download software from this Site or if CompUSA downloads (or suggests that You download) software to Your computer, the Software, including all code, files and images contained in or generated by the Software, and any accompanying data, are deemed to be licensed to You by CompUSA or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to You, but remain with CompUSA or the respective software vendor who owns full and complete title. You may not copy, transfer, sub-license, 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 and any applicable terms that come with the software.
For remote service, you must grant CompUSA access to your computer. You understand that CompUSA may access personal information on Your computer or information related to Your computer. CompUSA will use commercially reasonable efforts to maintain the confidentiality of any information viewed by CompUSA on Your computer, except as required by law. CompUSA will provide You with the ability to automatically terminate CompUSA's remote access to Your computer. CompUSA may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement.
CompUSA Authorization to Download Software. You hereby designate and appoint CompUSA 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. CompUSA will 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. You agree to provide (and update) true, current, accurate, and complete information about Yourself as requested during the CompUSA or vendor software registration process.
For any software which CompUSA downloads to Your computer and for which the software vendor requires review of the terms and conditions prior to download, You are responsible for acceptance of those terms and conditions. If You disagree with any of the terms and conditions of the respective software for any reason, you may promptly uninstall the vendor software.
The respective software vendor shall be directly and solely responsible for all warranties, including without limit, the warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, liabilities, and customer service issues related to the vendor software. CompUSA disclaims all warranties and responsibilities related to the vendor software, and CompUSA shall not be liable to You or the software vendor for any reason.
Downloaded Vendor Software and Links to Third-Party Websites. CompUSA shall attempt to monitor the health of Your computer and fix problems by providing suggestion along with downloading and executing applicable software. CompUSA does not guarantee that CompUSA will locate, diagnose or fix any or all problems or eliminate all viruses, worms, spyware, etc. CompUSA may download software applications that constantly or intermittently run on Your computer which may execute code to analyze system performance and scan for problems. CompUSA may provide links to other third-party Websites or resources or downloads of third-party software. Such links or software provided on this Site or by a CompUSA representative are provided solely as a convenience to You, and do not constitute or imply an endorsement, guarantee, warranty, sponsorship or recommendation of, or affiliation with the third-party or its products and services. CompUSA 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, CompUSA makes no representations whatsoever about any other vendor software or website 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 CompUSA 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 COMPUSA 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 COMPUSA OR AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Use of Site. CompUSA authorizes You to view and download the software and materials at this Website and other websites 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 CompUSA), scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content"), is intended only for Your personal 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 this Content for any public or commercial purpose. For purposes of these Terms, any use of this Content on any other Website 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, CompUSA is not granting You a license to use them in any fashion. All other names and brands may be claimed as the property of others.
User Submissions. Other than personally identifiable information or information obtained by CompUSA regarding Your computer which CompUSA shall use for internal purposes and customer service only, any material, information or other communication You provide to CompUSA or transmit to this Site will be considered non-confidential and non-proprietary ("Communications").
You agree that CompUSA may use aggregate information and statistics regarding all client computers for any purpose. You understand and agree that any oral conversations or written communications to CompUSA 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 CompUSA which include improvements to CompUSA business operations or functions, You grant CompUSA an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to You. CompUSA 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 CompUSA.
You agree that CompUSA may use aggregate information and statistics regarding all client computers for any purpose. You understand and agree that any oral conversations or written communications to CompUSA 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 CompUSA which include improvements to CompUSA business operations or functions, You grant CompUSA an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to You. CompUSA 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 CompUSA.
Termination. This Agreement shall commence on the date You accept these terms and purchase service or the date You begin receiving service from CompUSA, whichever comes first, and shall continue in effect until the end of term based on Your purchase. CompUSA, in its sole discretion, may terminate or restrict Your use or access to this Site (or any part thereof) or CompUSA services for any reason without notice and without limitation, if CompUSA 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 CompUSA shall not be liable in any way to You or any third party as a result of CompUSA suspension or termination of services. Upon termination, You agree to immediately destroy or uninstall any copies CompUSA software or other materials.
Disclaimer. CompUSA AND VENDOR SOFTWARE DOWNLOADED BY CompUSA (OR SUGGESTED BY CompUSA) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY CompUSA ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CompUSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, EFFECTIVENESS OR RELIABILITY OF, OR THE RESULTS FROM THE USE OF, OR OTHERWISE RESPECTING, THE CompUSA SERVICES OR THE CONTENT OR FUNCTIONALITY OF THE CompUSA 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 CompUSA 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, and You must comply with all local laws, if applicable.
Limitation of Liability. Notwithstanding any other provision of this Agreement to the contrary, CompUSA's and CompUSA's agents, representatives, and subcontractor's total liability to Customer under this Agreement for any losses, claims, costs or damages arising out of any cause whatsoever, whether at law, in equity or otherwise, shall in no event exceed the total amount actually paid by You to CompUSA in respect of Services performed by CompUSA hereunder. IN NO EVENT SHALL COMPUSA OR ITS AGENTS, REPRESENTATIVES, OR SUBCONTRACTORS BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF STORED MEMORY, SOFTWARE, FILES, OR DATA, OR LOSS OF PROFITS, REVENUES, OR GOODWILL, EVEN IF COMPUSA OR ITS AGENTS, REPRESENTATIVES OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
Applicable Laws. This Site is controlled by CompUSA from its offices within the United States of America. CompUSA 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 the content in this Site from territories where this 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. The customer must comply with all laws. If CompUSA believes that a crime has been, may have been or will be committed in the future, CompUSA may in its sole discretion report the information forming that belief to authorities and fully cooperate with proper authorities.
Governing Law: This Agreement shall be governed by and construed in accordance with the substantive laws (but not the rules governing conflicts of laws) of the State of Texas.
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. CompUSA 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. CompUSA 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 most 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 CompUSA makes no commitment to update the materials and services provided by CompUSA.
Acceptance of Terms. By using the service purchased or accessed by this Site, You acknowledge You have read and agree to be bound by these Terms. You represent that 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 CompUSA SOFTWARE OR VENDOR SOFTWARE DOWNLOADED TO YOUR COMPUTER BY CompUSA.