TERMS AND CONDITIONS
AND
PRIVACY POLICY
1. TERMS AND CONDITIONS
The following Terms and Conditions (the “Terms” or “Agreement”) constitute a legal and
enforceable contract between you (referred to herein as “you” or “your”) and
TechSupportWiz (referred to herein as “TechSupportWiz”, “TSW”, “we”, “our”, or “us”) for the provision of technical support services (the “Services”) you requested on the TSW website or purchased through a vendor. The policy and materials specifically referred to in the terms are incorporated into the terms by reference. Before you click on the “I ACCEPT” or “AGREE” button, or otherwise indicate assent for continuing to use the services, please read the Terms below carefully. These Terms state important requirements regarding your use of TSW’s website and TSW’s computer support service, and define your relationship with TSW. You should read them carefully as they contain important information and instructions such as the duration of the relationship, fees for early termination, TSW’s rights to change the conditions of the Terms, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court. If you accept this agreement, it will apply to all your service plans with TSW, including any existing plans. Your acceptance of these Terms & Conditions will be implied by the use of the TSW website and services.
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.
YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY.
If you do not agree to the terms, then TSW cannot provide any services to you. In this case you should:
(1) click the “cancel” or other similar button, or otherwise indicate refusal; (2) not use the Services; and
(3) seek a refund during the 30 day redemption period as indicated below.
IMPORTANT NOTICE REGARDING THE LIMITED REDEMPTION PERIOD:
The right to a refund for a “per incident plan” with expire within thirty (30) calendar days (the “Redemption Period”) from the date of purchase of the per incident plan. If TSW has not provided the single incident service you request, TSW will refund you the money you paid for the Services, (minus shipping, handling, and any applicable taxes, except in certain states and countries where shipping, handling, and taxes are refundable). Your request for a refund must be received by TSW or its customer service representatives during the 30 days redemption period, at the contact details in Section 8 of these Terms.
If you have purchase subscription Services, you may cancel such subscription Services within five (5) days from the date of purchase of the Services, but only if you have not availed yourself of any of the Services on your computer or other device. TSW will refund you the money you paid for the Services, (minus shipping, handling, and any applicable taxes, except in certain states and countries where shipping, handling, and taxes are refundable). If you
Note: some states and jurisdictions do not allow for the limitation of refund rights as described in this clause, so this clause may not apply to you. This clause does not affect any other applicable refund rights.
By clicking on the “I Accept” or “I Agree” button, or by your use of the Services, you are deemed to have accepted and consented to be bound by the terms.
2. 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.
"Content"
Software, Materials, Services and other related information are collectively referred to as "Content."
"You" or "you"
"You" means you individually, or any person, natural or legal, on whose behalf you are acting. "TSW Certified Technician/(s)"
"TSW Certified Technicians” are technicians and specialists certified by TSW to perform the Services under this Agreement.
“Incident”
“Incident” refers to a single, discrete technical problem with your personal computer or other device, whether caused by hardware or software failure, user error, or any other reason.
"Per-Incident-Services”
"Per Incident Plans" or “Incident Plans” or “Single Incident Service” are non-tenured service provided to you by TSW with the sole objective of resolving a single Incident.
"Subscription-Based-Services"
"Subscription Based Services" or "Subscription Services" are tenured Subscription plans offered by TSW that are active for a specified period and will not include any Incident based plans such as "Per Incident Plan" or the like.
“Services”
Services are Per-Incident-Services or Subscription-Based-Services provided by TSW to You. All references to "Services" refer to any TSW service delivered by TSW Certified Technicians, under the plan that you enter into with TSW through use of the TSW Websites or by calling the TSW phone number mentioned on the TSW Websites. These Terms of Use govern all services available from TSW, whether delivered telephonically or over the internet. “Services” is more fully defined in Section 3, below.
"TSW Websites”
TSW Websites includes www.techsupportwiz.com or any other TSW owned, operated, licensed or controlled website or any other website owned, operated, licensed or controlled by reseller of TSW services.
"Services” "Materials"
"Materials" means any web casts, downloads, white papers, press releases, datasheets, FAQ’s, product information, quick reference guides, or other works of any kind that are made available to download from the TSW Websites are the proprietary and copyrighted work of TSW and/or its suppliers. The definition of materials" does not include the design or layout of the TSW Websites or any other TSW owned, operated, licensed or controlled website.
"Software"
and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both TSW Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other TSW Terms and Conditions terms and conditions that apply. 3. SERVICES
3.1 Service Overview
Services are either Per-Incident-Services that are available on a single Incident basis, for a fee; or Subscription-Based- Services, which entitle you to the resolution of multiple Incidents over a period of time. TSW shall provide the Services as set forth in the Terms and Conditions. TSW’s service representative, at its discretion, will attempt to provide Services to you over the telephone, through a live chat session on your personal computer, remotely over the internet, or by email or in person. TSW continually strives to improve the usability and performance of its products and services. In order to optimize the Services, and solely to the extent permitted by applicable law, TSW may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which TSW has already expressly agreed to provide to you.
3.2 Support Software Tool and Remote Access. During the Services session, TSW may (i) Ask you to install certain support software (the “Support Software Tool”) on
your personal computer by downloading the support software from the Site and/or
(ii) Ask for your permission to use the Support Software Tool to allow a TSW service representative to remotely access and take control of your personal computer; and/or
(iii) Gather system data and modify computer settings in order to diagnose or repair a problem; and/or
(iv) Utilize certain third party support software on your personal computer, which will be removed upon the completion of the Services session.
The support software (including any third party support software) and remote assist tool are owned by TSW or applicable third party licensors and suppliers and may be collectively referred to as the “Support Software Tool” in the Terms and Conditions. The Support Software Tool will be used to analyze, diagnose, and resolve more difficult problems and/or provide system optimization functions. By purchasing the Services, you agree to allow TSW to use whatever Support Software Tools are deemed necessary to repair your personal computer, including remote access. To receive the Services, a high speed internet connection is required.
If remote access is used on your computer, no residual software will remain on your computer after the remote session. You have the ability to disconnect the remote access anytime during the remote access session. At the end of the remote access session there may be a text or an xml or a flash file placed on your computer that will explain the work that was done on your computer and/or provide information for contacting TSW for further assistance in the future. If such a file is placed on your computer, you have the option to either save the file or to delete it from your computer.
TSW may, but has no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to TSW to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you or other users; to protect ourselves and/or other users; and to enhance the types of Services we may provide to you in the future. You also grant TSW permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.
3.3 Description of Services.
Subject to these Terms and Conditions, TSW, through its service representatives, may provide any or all of the following Services:
i. diagnoses a given personal computer to determine if it is infected by spyware or viruses, and removes any spyware or viruses found in Your personal computer: ii. Helps customers install and set-up certain software products.
iii. Helps customers improve PC performance by changing operating system settings.
iv. Helps customers’ install and set-up anti-virus software applications.
v. Diagnose and address PC, network, or connected peripheral and device related problems.
vi. Analyze the results of the diagnosis and suggest appropriate service offerings to solve any problems found.
TSW will make every commercially reasonable effort to troubleshoot or fix your personal computer problem. If TSW is unable to resolve your Incident, you will NOT be liable for charges for time spent by TSW’s service representative in an attempt to correct a problem unless specified otherwise.
In the course of providing the Services, TSW may determine that the issue is beyond the scope of the services. TSW may use commercially reasonable efforts to refer you to the appropriate alternative resource; however, TSW will not transfer you directly to an alternate resource. To the extent permitted by applicable law, TSW reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.
3.4 Service Availability.
The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to purchase Subscription Services, Your covered computer(s) must be virus free (as determined by TSW) at the time that you purchase the Subscription Service. If TSW determines that your computer is infected by a virus, TSW may require that you purchase a Service to clean your computer prior to obtaining Subscription Services. TSW reserves the right to terminate your Subscription Service, upon notice, if TSW determines, in its sole business judgment, that your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) unreasonably, (d) by any person other than you, or (e) for any computer system other than a registered system. In the event that your Subscription Service is terminated by TSW, TSW will refund to you a pro rata portion of any fees that you have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level you purchased. Please refer to the TSW Website for information about those restrictions.
3. YOUR RESPONSIBILITIES 4.1 Basic Responsibilities.
You agree that you are a legal license holder of the software on your personal computer and your use of the Services and the internet is solely at your own risk. By electing to receive the Services, you confirm that you (a) have full access to your hardware and any software that is or may be the cause of the Incident, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to TSW must be accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to TSW. You
further represent that you authorize TSW to bill the credit card that you provide to TSW, for any charges to which you consent.
4.2 Liability Release.
To the extent permitted by applicable law, TSW will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by TSW and/or its representatives. If TSW works with you on any password or other access control oriented problems, TSW strongly recommends that you reset such passwords(s) immediately following the completion of the Services.
4.3 Transfer
The Subscription-Based-Services may be transferred once during the subscription period from one computer to another, provided it is owned by you. You may not resell the Services, in whole or in part. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.
4.4 Data Backup
TSW does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively "customer data") and software stored on your computer and storage media before ordering the services. You acknowledge and agree that TSW or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services. TSW does not provide backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
5. SERVICE PLANS; REFUNDS; BILLING; PAYMENT RENEWALS 5.1 Per-Incident-Services.
The Per-Incident-Services shall be provided for on a one time basis. This means that the Service will address a single Incident for a customer on your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem. The Services may not successfully resolve the Incident, because the problem may be beyond TSW’s ability to resolve remotely.
If TSW are not able to answer your question or resolve your technology problem and you have complied with all of your obligations in these Terms, TSW will not charge you a fee for the One Time Service. If you experience a problem with the resolution we provided and you call TSW within seven (7) days from the day you originally received the Single Incident Service, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Individual Service. As set forth below, there are no other warranties for the Services.
5.2 Subscription Services.
For Subscription Services, the applicable fees will depend on the type of subscription that you purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Services that specifically provides otherwise, a one-time set up fee applies to all Subscription Services.
5.3 Exclusion from Services
"Services" shall not include the following:
1. Any item or activity not covered by the terms of a Per-Incident-Service or Subscription-Based- Services;
2. Service beyond the duration limitations identified in your Services plan;
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 the scope of the Service Plan;
5. Problems that may and do result from:
a) External causes such as accident, abuse, misuse, or problems with electrical power; b) Usage that is not in accordance with product instructions provided by manufacture; c) Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
d) Problems caused by using accessories, parts, or components not compatible with the product. e) Non Compliance with TSW’s technician’s instructions.
f) Malfunction of hardware such as printer, power-supply, memory, processor, monitor or any other such hardware components.
Any refund will be limited to the amount paid to TSW by you, minus shipping, handling, and any applicable taxes, except in certain states and countries where shipping, handling, and taxes are refundable.
5.5 Payment for the Services.
The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.
For purchases of the Services made by you from TSW through the Site:
(1) You agree that TSW may charge to your credit card or other valid payment mechanism requested by you and approved by TSW all amounts due and owing for TSW for the Services; (2) Unless otherwise agreed by TSW in writing, all payments for the Services must be made at the time of purchase and prior to receiving any services from TSW;
(3) You agree that TSW may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due;
(4) You agree that TSW is under no obligation to pay to render Services if the payment for services as required is not made.
Purchases of the Services made by you from a Reseller/Vendor will be subject to terms of sale of the Reseller/Vendor.
5.6 Credit Card Billing
You may be asked to provide TSW with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize TSW 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 TSW and/or any other company who bills products or services, or acts as billing agent for TSW 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.
time the information you previously provided is no longer valid. You acknowledge and agree that neither TSW nor any TSW affiliated company will have any liability whatsoever for any chargeback’s, insufficient 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 TSW’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.
5.7 Renewal Policy
By authorizing TSW to charge your credit card for your Subscription Service, you further authorize TSW to continue to charge Your credit card (or a replacement card, if the credit issuing entity informs TSW that a replacement card has been issued) for all fees associated with a Recurring Subscription Service, including renewals. You must contact TSW if you do not wish to renew your Recurring Subscription Service. If you do not contact TSW, the Recurring Subscription Service that you selected will automatically renew for the same subscription duration that you initially selected, at TSW's then applicable fees. A subscription under the 1-year or 2-1-year or 3-1-year Annual Maintenance Plan does not automatically renew and ends at the end of the applicable period.
5.8 Fair Usage Policy & Termination
Though TSW has no limits on the amount of 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 TSW’S "fair use" policy. Under this policy, if at any time, in TSW’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 TSW reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, TSW reserves the right to suspend or terminate any Subscription Services of any Subscriber that TSW, 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 TSW; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
6. PRIVACY POLICY & DATA PROTECTION
When you visit the Site, the TSW Privacy Policy shall apply. The TSW Privacy Policy is available for review via the “Terms and Conditions/Privacy Policy” link that appears on the TSW Website. If you have not yet reviewed the TSW Privacy Policy, set forth herein, then please do so prior to agreeing to the Terms and Conditions/Privacy Policy. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to TSW over the telephone, electronically or otherwise, is not confidential or proprietary to you. When you request the Services, the following information will be collected and sent from your personal computer to TSW via an Internet connection:
i. The information provided by you to TSW’s service representative over the phone or entered by you into TSW’s online interface when requesting the Services; and
ii. The type and version of operating system and Internet browser used by your personal computer.
During your Services session, if a Support Software Tool is installed, the following information may be collected from your computer by the Support Software Tool and sent to TSW via secured connection:
i. The number of files scanned, threats found, and threats fixed by the Support Software Tool;
ii. The type of threats found;
iii. The number and type of threats remaining that have not been fixed by the Support Software Tool;
iv. Whether a firewall is active;
v. Whether antivirus software is installed, running, and up to date; vi. Browser information including security and temporary file settings;
vii. System information related to the operating system, memory and disk space, proxy configuration and directory listings for the Support Software Tool;
viii. The security status of the computer as determined by the Support Software Tool;
ix. Installed programs and active processes information; and x. Application log file information and registry data.
Also at TSW’s discretion, depending on type of the technical support issue, TSW may choose to collect additional information. All of the collected information is necessary for the delivery of
the Services including analyzing, diagnosing, resolving the Incident you have encountered, and optimizing the functionality of TSW’s products and services. The information may be transferred to TSW in the United States or other countries that may have less protective data protection laws than the region in which you are situated (including the European Union), but TSW has taken steps so that the collected information, if transferred, receives an adequate level of protection.
TSW may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, TSW may share certain information with research organizations and other security software vendors. TSW may also use statistics derived from the information to track and publish reports on security risk trends.
7. UNLAWFUL AND NON-COMMERCIAL USE LIMITATION
7.1. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services, Materials and Software are solely for your personal and noncommercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute 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.
7.2 Unlawful or Prohibited Use
As a condition of your use of the TSW Websites or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any TSW server, or the network(s) connected to any TSW server, or interferes with any other party's use and enjoyment of any of the TSW Websites, the Materials, Software or Services. You may not attempt to gain unauthorized access to any TSW Websites, the Materials, Software or Services, other accounts, computer systems or networks connected to any TSW server or to any of the TSW Websites, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any TSW Websites, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
Any other use of the TSW Website’s Services, Materials or Software, other than as explicitly permitted by TSW is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to TSW and its suppliers Reverse engineering and recompilation of the Software is strictly prohibited.
8. OTHER IMPORTANT INFORMATION
8.1 Disclaimer of Warranty
To the extent permitted by applicable law, TSW expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or no infringement. To the extent permitted by applicable law, TSW makes no warranties that:
(I) The services and/or site will meet your requirements;
(II) The services and /or site will be uninterrupted, timely, secure, or error-free;
(III) The results that may be obtained from the use of the services and/or site will be accurate or reliable;
(IV) The quality of any services, products, services or information purchased or obtained by you through the services and/or site will meet your expectations; and
(V) Any errors in the services and/or site will be corrected.
Any support software tool, materials and/or data downloaded or otherwise obtained by you through the use of the services is at your own discretion and risk. The support software tool is provided “as is,” exclusive of any warranty and provided in accordance with the support software tool usage agreement. TSW does not warrant third party products.
8.2 Limitation of Liability.
Some states and jurisdictions including member countries of the European Economic Area, do not allow for the limitation or exclusion of liability for incidental or consequential damages so the below limitation or exclusion may not apply to you. To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, in no e vent will TSW be liable to you for any special, consequential, indirect or similar damages, including any lost profits or Lost data arising out of the provision of services even if TSW has been advised of the possibility of such damages. In no case shall TSW’s liability exceed the greater of the price you paid for the Services or fifty dollars ($50.00) or equivalent amount in the applicable Currency.
8.3 Limitation of Actions
Any cause of action by you must be commenced within three months after the cause of action arose or it shall be forever waived and barred.
8.4 Indemnity
You agree to indemnify, defend, and hold TSW, 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 the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of TSW or any other third party. You will cooperate as fully as reasonably required in TSW’S defense of any claim. TSW reserves the right, at its own expense, to assume the exclusive defense 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 TSW. You agree immediately to notify TSW of any unauthorized use of your account or any other breach of security known to you.
8.5 Proprietary Rights.
TSW or its licensors or suppliers retain ownership of all proprietary rights in the Services, the TSW website(s), the Support Software Tool, and all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of TSW’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the Services.
8.6 Force Majeure.
TSW shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond TSW's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, a large scale outbreak of a new computer virus, fuel, energy, labor or materials. You hereby release TSW from any and all liability, and agree that TSW shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
TSW 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.
8.7 Export Regulation.
You acknowledge that the Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or reexported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which is an export license or other governmental approval required. All TSW products are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You herebyagree that you will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
8.8 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. TSW’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.
8.9 Modifications
TSW reserves the right to amend the Terms and Condition, and the TSW Website(s) at any time by
(a) Posting a revised version of the Terms and Conditions on the TSW Website(s), or by (b) Sending information regarding any amendment to the Terms of Service to the email address you provide to TSW in connection with registration.
You are responsible for regularly reviewing the TSW website(s) to be notified of any amendments to the Terms and Conditions.
9.1 Third Party Products
As part of the Services, TSW may suggest that you acquire, install and use certain third party software or services ("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 TSW assists you in the acquisition, installation, and/or use of Third Party Software. TSW has no responsibility or 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. 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 representation or 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.
9.2 Third Party Services
As part of the Services, TSW 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 TSW may elect to make available from time to time. Violation of such third party provider's terms of service may, in TSW’S sole discretion, result in the termination of your customer account and use of service. 10. GENERAL
The Terms will be governed by the laws of the State of Connecticut, in the United States of America. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction. The Terms are the entire agreement between you and TSW relating to the Services and:
(i) Supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and
(ii) Prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall
terminate immediately upon your breach of any term contained herein and you shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination.
