MCHELPER delivers World Class Remote Computer tech support for consumers and small businesses
Our live 24/7/365 support covers the technologies we use every day. We support a wide range of PC software
applications as well as servers, hardware devices, printers & peripherals.
TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF MCHELPER’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH MCHELPER.
If you purchase a Service through www.MCHelper.com (the “Website”), our Terms of Use and Privacy Policy also apply. Descriptions of the Services (each a “Service Description”) and applicable fees are available on the Website and are incorporated into these Terms.
All Brand names and trademarks used in our website, are purely for referential purposes, and are the properties of their respective owners. McHelper is an independent service provider of remote online support and is not affiliated to or associated with any such brands or trademarks.
“AGREEMENT”
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND MCHELPER (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by MCHELPER in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the MCHELPER Portal (defined below), or obtain Services (defined below).
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
“You”
“You” means you individually, any person, including any employer that you are acting on behalf of.
“MCHELPER”
“McHelper” is the service mark of MCHELPER , whose office is located at 2233 NW 41 St #700C, Gainesville, FL 32606, Phone +1 888-995-5185. All references to MCHELPER refer to MCHELPER.
“Subscription Based Plans”
“Subscription Based Plans” are tenured Subscription plans offered by MCHELPER that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
“SERVICES” AND “MCHELPER PORTAL”
All references to “Services” refer to any MCHELPER service plan that you enter into with MCHELPER through use of the MCHELPER web portal located at www.mchelper.com (the “MCHELPER Portal”) or by calling the MCHELPER phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the MCHELPER Portal, and any use of the MCHELPER Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services (“Plan Order”).
“MATERIALS”
“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the MCHELPER Portal are the proprietary and copyrighted work of MCHELPER and/or its suppliers. The definition of “Materials” does not include the design or layout of the MCHELPER Web site or any other MCHELPER owned, operated, licensed or controlled site.
“SOFTWARE”
“Software” means a computer program of any kind, whether owned by MCHELPER or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both MCHELPER Software and Third Party Software.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the MCHELPER Portal or by calling MCHELPER. Once MCHELPER accepts the Plan Order submitted by you, then you will receive an email from MCHELPER at the email address that you provide or have provided to MCHELPER as part of the Registration Process for the Services. MCHELPER is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by MCHELPER of a Plan Order, you will have a Service Plan.
UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each Service Plan, MCHELPER will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, MCHELPER will attempt problem diagnosis and a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances including remote access.
Consult the applicable Services Description for details on when remote Tech Services are available and how to access them. If Internet access is required, you must ensure that you have Internet connectivity and that your computer environment is suitable to receive the Tech Services via internet. Prior to providing a Tech Service to you, we may qualify your Internet connection to determine whether you have the minimum required speed; however, some devices may not be able to receive Tech Services even if testing shows that your connection is qualified. In that case, the Tech Services will be cancelled, and MCHelper shall have no liability for the inability to provide the Tech Services.
You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be 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.
All undertakings under Service Plans are subject to MCHELPER’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at our helpline numbers.
PAYMENT
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. MCHELPER has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
You understand that certain Service Plans may have onetime fee including, but not limited to “Service Fee” and/or “Activation Fee”. This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.
When you purchased the Service, you agreed to specific price and plan, which may have included a term of one, two or three years or other plans applicable at the given point of time (“Term Plan”). Similarly, some plans may offer a discount on the Service if you sign up for other MCHELPER services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the term expires; (2) you drop one of the MCHELPER services you were required to purchase to receive the special rate; or (3) You terminate the agreement/Service before the expiry of the term.
Credit Card Billing . You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize MCHELPER to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize MCHELPER and/or any other company who bills products or services, or acts as billing agent for MCHELPER to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide MCHELPER with updated credit card information upon MCHELPER’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither MCHELPER nor any MCHELPER affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at MCHELPER’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.
For a complete and detailed understanding of our Refund Policy, please click here to visit our dedicated section for this.
For a complete and detailed understanding of our Privacy Policy, please click here to visit our dedicated section for this.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MCHELPER Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any MCHELPER server, or the network(s) connected to any MCHELPER server, or interfere with any other party’s use and enjoyment of any of the MCHELPER Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any MCHELPER Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any MCHELPER server or to any of the MCHELPER Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any MCHELPER Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though MCHELPER has no limits on the amount of telephone or online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to MCHELPER’s “fair use” policy. Under this policy, if at any time, in MCHELPER’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then MCHELPER reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, MCHELPER reserves the right to suspend or terminate any Subscription Services of any Subscriber that MCHELPER, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to MCHELPER; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
5. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
8. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
9. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
10. Restrict or inhibit any other user from using and enjoying the Communication Services.
11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
12. Harvest or otherwise collect information about others, including e-mail addresses.
13. Violate any applicable laws or regulations.
14. Create a false identity for the purpose of misleading MCHELPER or others.
15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
MCHELPER has no obligation to monitor the Communication Services. However, MCHELPER reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. MCHELPER reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
MCHELPER reserves the right at all times to disclose any information as MCHELPER deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MCHELPER’ s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
LINKING
You may not create hyperlinks to any portion of the MCHELPER Portal, nor any Materials or Software posted therein.
INDEMNITY
You agree to indemnify, defend, and hold MCHELPER, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in MCHELPER’s defence of any claim. MCHELPER reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MCHELPER. You agree immediately to notify MCHELPER of any unauthorized use of your account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF MCHELPER PORTAL
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the MCHELPER Portal by current MCHELPER customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.
As a Guest you may use the MCHELPER Portal and Materials specifically designated as available to guests on the MCHELPER Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by MCHELPER, (b) registering with MCHELPER and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
COMMUNICATIONS SERVICES
MCHELPER may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with MCHELPER’s employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE MCHELPER PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the MCHELPER Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the MCHELPER Portal, Services, Materials or Software, other than as explicitly permitted by MCHELPER is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to MCHELPER and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
1. Cooperate with the MCHELPER Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
o The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
o You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
o The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with MCHELPER support personnel.
2. Software/Data Backup: You understand and agree that MCHELPER shall under no circumstance be responsible for any lost or corrupted software or data. MCHELPER strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
3. Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify MCHELPER immediately of any unauthorized use of your account or any other breach of security. MCHELPER will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MCHELPER or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of MCHELPER’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in MCHELPER’s ability to schedule a support session. You hereby release MCHELPER from any and all liability, and agree that MCHELPER shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
MCHELPER 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.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in your Plan Order;
3. problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
5. Problems that may and do result from:
o External causes such as accident, abuse, misuse, or problems with electrical power;
o Usage that is not in accordance with product instructions provided by manufacture;
o Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
o Problems caused by using accessories, parts, or components not compatible with the product.
o Non Compliance with the MCHELPER technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE MCHELPER PORTAL, OR THROUGH A SERVICE
For your convenience, MCHELPER may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any MCHELPER Web site may be copied or retransmitted unless expressly permitted by MCHELPER.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by MCHELPER or its third party licensors, and suppliers. We as well as the third party licensors 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 in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from MCHELPER 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 a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR MCHELPER SOFTWARE
With regard to any Software made available to you by MCHELPER through the MCHELPER Portal for which your acceptance of a separate license agreement is not required (“MCHELPER Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by MCHELPER to use the MCHELPER Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the MCHELPER Software. You agree that the MCHELPER Software is the confidential and proprietary information of MCHELPER or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the MCHELPER Software, or otherwise reduce the MCHELPER 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 MCHELPER 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 MCHELPER Software. You acknowledge that this license is not a sale of intellectual property and that MCHELPER 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 MCHELPER Software and related documentation, as well as any corrections, updates and upgrades. The MCHELPER Software may be used in the United States only, and any export of the MCHELPER Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, MCHELPER 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 MCHELPER assists you in the acquisition, installation, and/or use of Third Party Software. MCHELPER 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.
Your license to the MCHELPER Software shall remain in full force and effect unless and until terminated by MCHELPER, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the MCHELPER Software and immediately delete the MCHELPER Software from your computer.
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.
THIRD PARTY AGREEMENTS
As part of the Services, MCHELPER 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 MCHELPER may elect to make available from time to time. Violation of such third party provider’s terms of service may, in MCHELPER’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
MCHELPER DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW MCHELPER TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE MCHELPER SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
MCHELPER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. MCHELPER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MCHELPER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL MCHELPER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall MCHELPER be liable to you in excess of the amounts actually paid by you to MCHELPER under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
MCHELPER at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of MCHELPER: (a) you are in breach of any of the Terms and Conditions (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, MCHELPER’s network, or the use and enjoyment of MCHELPER’s other users; (c) MCHELPER receives an order from a court to terminate the Service you are availing ; (d) if MCHELPER for any reason ceases to offer the Service; (e) if you are no longer a MCHELPER customer, or (f) MCHELPER determines that you are abusing the Service. MCHELPER, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. MCHELPER’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
NO OFFER
The MCHELPER Portal is available internationally and may contain references to MCHELPER products, services, and programs that are not available in a viewer’s country. These references do not imply that MCHELPER intends to make such products, services, or programs available in such country.
MODIFICATION
MCHELPER reserves the right to amend the Terms and Condition, and the MCHELPER Portal at any time by (a) posting a revised version of the Terms and Conditions on the MCHELPER Portal
(http://www.365pcsupport.com/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to MCHELPER in connection with registration.
You are responsible for regularly reviewing the MCHELPER website to be notified of any amendments to the Terms and Conditions. Your use of the MCHELPER Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
LAW; FORUM
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
If user has any questions about our Web site, user can e-mail user inquiries to feedback@mchelper.com
