Service Description: TLC Premium Services.
Terms and Conditions: Tech Live Connect ("TLC") is pleased to provide the TLC Premium Service (the "Service" or "Services") in accordance with this Services Description.
Individuals must be 18 years of age or older to use this Website and its Services, and you warrant that you are eighteen (18) years of age or older. The parties acknowledge having read and agreed to be bound by such online terms. TLC may offer customers the Services with respect to the Supported Products (as defined below) through monthly subscriptions, annual subscriptions, and/or various promotional offers. You (the “Customer”) acknowledge and agree that the Service(s) described below are being supplied in accordance with your acceptance of the terms and conditions of this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE OR THE WEBSITE.
Service: The Service will use commercially reasonable efforts to provide remote Software support, and general computing for Supported Products (as defined below) on the Customer's computer. The Services provided under this Service Description are provided remotely via telephone and chat sessions and frequently include remote diagnosis by the technical agent, including having remote access to your operating system, printers, and networking equipment via proxy, always with your permission. Documents, photos, or other files may require access to resolve a Service issue, but will only be done with the Customer's express consent. It is required that the Customer has Internet service and that all Supported Hardware is connected to the Internet or home network for the Service to be delivered. TLC will make commercially reasonable efforts to make the Service available 24-hours a day, seven days a week. In certain instances, the Service may be unavailable. In specific situations where support is needed for tasks beyond the scope of this Service Description, TLC may offer additional services through the phone support agent for an additional fee.
|GENERAL AREAS OF SUPPORT||DESCRIPTION OF SUPPORT|
The Service includes phone support, chat-based support, software support, and device support, as described below with respect to Supported Products (as defined below) at the Customer's home or home office.
|Supported Products||The Service includes the support described herein with respect to the Supported Software (each as defined below and, collectively, "Supported Products").|
|Supported Software||Software systems and programs supported by the Service (the "Supported Software") include widely available versions of the following programs:
> Software purchased that promoted a TLC phone number for additional support.
> Windows® 8, Windows XP Home (SP3+), Windows XP Pro (SP3+), Windows Vista 32-bit (all service packs), Windows Vista 64 (all service packs), Windows 7 32-bit (all service packs), and Windows 7 64-bit (all service packs).
Supported Software may also include:
> Email client setup and configuration support.
> Operating system installation and configuration.
> System performance enhancement for gaming or other applications.
> Installation, configuration, application usage and troubleshooting.
|Supported Hardware||The Service will support personal computers running Microsoft Windows based operating systems (includes both notebooks and desktops) (each, a "Supported PC"). For a list of supported software, please see above.
Additionally, the TLC agent will make commercially reasonable efforts to support other hardware items that connect peripherally to a Supported PC (collectively, with the Supported PC(s), the "Supported Hardware"). These items may include: printers, cameras, phones, music players & gaming systems that are compatible with the Supported PC.
|Networking and wireless connectivity in your home may include assistance with:||Networking and wireless connectivity in your home may include assistance with:
> Home network set-up & education.
> File sharing on your private home network.
> Printer sharing on your private home network.
> Third-party wired / wireless router ISP configuration.
> Cable / DSL / Dialup: connect & configure a single system to access the Internet; and/or Connect PC and non-PC devices to a home network.
|Software Support for Printers and Printing||Printer and printing support may include:
> Driver installation.
> Help connecting a printer or verifying connection.
> Printing test page.
> Troubleshooting printers. and/or
> Printer sharing using an internal network card
|Additional Offerings||THE SERVICE AGENT MAY OFFER SOME, ANY, OR ALL OF THESE PRODUCTS AT ANY TIME. OTHER PLANS OR PROMOTIONAL OFFERS MAY BE OFFERED AT OUR DISCRETION.
Single Incident Support Plan – This base level offering of the Service includes support for one (1) Supported PC in the home, a home network and certain peripherals [printers, routers, external hard drives, etc.] connected to that network, and offers the Customer the resolution of identified issues during the initial call.
Unlimited Incident 1 Year Plan - This base level offering of the Service includes support for one (1) Supported PC at home, a home network and certain peripherals [printers, routers, external hard drives, etc.] connected to that network, and offers the Customer the resolution of identified issues during the initial call as well as any issues found during the one year period following purchase date of the plan. Unlimited Incident Multi-PC 1 Year Plan(s) – These offerings of the Service provides service for multiple Supported PCs at home, a home network and certain peripherals [printers, routers, external hard drives, etc.] connected to that network and offers the Customer resolution on issues found on named PC's for the one year period following purchase date of the plan (varies by offer).
Unlimited Incident Multi – PC 1 Year Plan(s) – These offerings of the Service provide service for multiple Supported PCs in the home, a home network and certain peripherals [printers, routers, external hard drives, etc.] connected to that network and offers the Customer resolution on the issues found on named PC's for the one year period following purchase date of the plan (varies by offer).
|Changes and Cancellations||Changes to Subscriptions
The Service product offerings may offer the opportunity to add on additional services and/or to downgrade to base level services. Any subscription changes require your express authorization. Please consult a TLC agent to discussthe changes required in your account.
Please contact Tech Live Connect agent to discuss your cancellation options. Write to us at Support@techliveconnect.com
Complete a backup of all existing data and programs on affected Systems.
It is solely the Customer’s responsibility to complete a backup of all existing data, files, software, and programs on affected Supported Products before receiving Services (including telephone support). As per the Limitation of Liability section below, TLC IS NOT RESPONSIBLE FOR LOSS OF OR RECOVERY OF DATA, FILES, PROGRAMS, OR LOSS OF USE OF SYSTEM(S) HARDWARE, OR NETWORK(S). CUSTOMER UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES TLC WILL BE RESPONSIBLE FOR ANY LOSS OF SOFTWARE, FILES, PROGRAMS, OR DATA – EVEN IF TECHNICIANS HAVE ATTEMPTED TO ASSIST CUSTOMER WITH THEIR BACKUP, RECOVERY, OR SIMILAR SERVICES. ANY SUCH ASSISTANCE IS BEYOND THE SCOPE OF ANY TLC WARRANTY AND THIS SERVICE DESCRIPTION; THIS ASSISTANCE IS PROVIDED IN TLC’S SOLE DISCRETION AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND. NEITHER DOES TLC PROVIDE ANY GUARANTEE OR WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD PARTY PRODUCT THAT A TECHNICIAN MAY USE IN ASSISTING CUSTOMER.
You further agree that you will not:
NO WARRANTIES; LIMITED LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT GIVEN THE NATURE OF THE SERVICE, THESE SERVICES ARE PROVIDED "AS IS" AND TLC MAKES NO WARRANTIES REGARDING THE SERVICE OR THE RESULTS OF THE SERVICE. TLC IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. TLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT. TLC DOES NOT WARRANT THIRD PARTY PRODUCTS. TLC IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. NEITHER TLC NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED IN USING THE SERVICE. IN NO EVENT WILL TLC OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE OR YOUR PARTICIPATION IN THE SERVICE (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER TLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES, TLC IS NOT LIABLE OR RESPONSIBLE, FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE SERVICES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
THE PARTIES AGREE THAT THE LAW GOVERNING THIS AGREEMENT, INCLUDING ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING BETWEEN TLC AND YOU HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS), SHALL BE THE LAWS OF THE UNITED STATES, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF.
YOU AND TLC ARE AGREEING TO FOREGO ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ALL CLAIMS, DISPUTES OR CONTROVERSIES IN ANY FORM OR MANNER BETWEEN YOU AND TLC AND/OR ITS DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS RELATING IN ANY WAY TO THE AGREEMENT SHALL BE SUBMITTED TO ARBITRATION TO BE CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS") IN THE CITY OF CALIFORNIA, UNITED STATES, IN ACCORDANCE WITH THE JAMS INTERNATIONAL ARBITATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS' FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION. THE ARBITRATOR'S AWARD WILL BE FINAL AND BINDING, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
For purposes of clarification, you agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR TLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration contract is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).