This
Customer Service Agreement (“Agreement”)
is a legal agreement between you (“Customer”)
and SNAP REMEDY (“SNAP REMEDY”).
Your access to the Site (defined below) and our services, including technical
support service provider (“Expert”)
access, diagnostics, and repair to your computer systems (“Expert Services”) and
cloud backup, antivirus, and password management (“Premium Services”) are
governed by the policies, terms and conditions below. For convenience, we refer
to the SNAP REMEDY website and any content therein provided by SNAP REMEDY as
the “Site”, and we refer to any
desktop sharing session or other communications you have via the Internet or
telephone related to your SNAP REMEDY account with the Experts as “e-Support” and we refer to any
technical support services you may receive from an Expert (including e-Support
) and their listings on the Site as “Expert
Services.”
This
Agreement limits SNAP REMEDY's liability and obligations to you and allows SNAP
REMEDY to change, suspend or terminate your access to and use of the Site,
e-Support, your SNAP REMEDY account and Expert Services and Premium Services in its sole discretion. We urge you to carefully read this Agreement and all policies referenced herein or
elsewhere on the Site, which are incorporated herein by reference and form part
of this Agreement.
YOU
UNDERSTAND THAT BY SELECTING THE “I accept Snap Remedy’s Terms and Privacy Policy”
CHECKBOX AND/OR CLICKING THE “AGREE & JOIN” OR “CONTINUE” BUTTONS, HTML HYPERLINK, OR BY USING THE
SITE, OR BY USING ANY EXPERT SERVICES OR PREMIUM SERVICES, OR BY OBTAINING A
SNAP REMEDY ACCOUNT, OR BY HAVING ANY FORM OF COMMUNICATION WITH AN EXPERT, YOU
ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT
IN ITS ENTIRETY, YOU ARE PROHIBITED FROM ACCESSING THE SITE AND EXPERT
SERVICES.
1.
Eligibility; Limitations on Service
The Site and Expert Services are only
available to persons who are at least eighteen (18) years old (an “Adult”). SNAP REMEDY shall only be
responsible for work arrangements made directly and in writing and
mutually-agreed upon between SNAP REMEDY and customers. Experts, employees, engineers, managers and
any other representatives of SNAP REMEDY act solely in a limited and
strictly-defined relationship as independent contractors for SNAP REMEDY, and
SNAP REMEDY shall in no way be liable or responsible for any relationships or
arrangements made between customers and experts, nor for any offers extended by
experts that are not made directly and in writing by SNAP REMEDY itself.
SNAP
REMEDY MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE ACCESS TO THE SITE AND/OR
SNAP REMEDY SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT
LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR REQUIRING A HIGH LEVEL OF THIRD-PARTY MANUFACTURER,
VENDOR, OR DEVELOPER-SPECIFIC EXPERTISE, OR BEYOND THE SCOPE OF WHAT IS
INTENDED BY SNAP REMEDY AS DETERMINED BY SNAP REMEDY IN ITS SOLE DISCRETION.
a.
Desktop Sharing
Services
An Expert may request that a desktop sharing session be
initiated in order to provide Expert Services to you. To engage in a desktop
sharing session you will have to: (i) download and
install a third party desktop sharing software application (“Sharing Software”) subject to the terms
and conditions of the software provider’s license agreement; and (ii) provide
the Expert access to your computer using the Sharing Software. You must agree
to allow access to your computer to enable the Expert to provide you Expert
Services. If you do not, the Expert will
not be able to provide you with the Expert Service in question.
SNAP REMEDY confirms that the Sharing Software will not
install or copy any files, programs or otherwise either to or from the desktop
without explicit permission from the Customer. All programs and tools used by
Experts will be run through the Experts’ access, unless such installation has
been requested as a part of SNAP REMEDY services. THE SHARING
SOFTWARE (NOR ANY OTHER SOFTWARE USED IN CONNECTION WITH THE PERFORMANCE OF
SNAP REMEDY SERVICES) IS NOT SPYWARE, ADWARE, OR MALWARE. IF YOU DOWNLOAD,
INSTALL OR USE THE SHARING SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE
OPERATION OF THE SHARING SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE
THEREOF.
b.
Communications
To ensure quality service and maximal safety for
customers, communication regarding SNAP REMEDY and its services shall be in
writing (either by email or Customer initiation through our Site) or by
telephone. SNAP REMEDY shall in no way be liable or responsible for any
relationships or arrangements made between customers and Experts, nor for any
offers extended by Experts that are not made directly and in writing by SNAP
REMEDY itself.
c.
Minimum
System Requirements for Expert Services
To partake of
Expert Services you must have a validly licensed and working personal computer
with the following suggested meeting the following minimum requirements:
- An operating system and web browser that is
currently supported, along with applications and other software that are still
maintained by the vendor. Software that is no longer maintained by the vendor
has no guarantee of being supported by our Experts.
- All peripherals must be in good working condition
and spyware free.
- A working Internet connection and ability to
download and install sharing software is also required, although an Expert may
elect to attempt to aid you over the phone and/or by using screen-shot photos
uploaded to our ticketing or email systems for visibility into the issue.
If you do not have a validly licensed and working
personal computer meeting the suggested minimum requirements, please contact an
Expert to discuss the services SNAP REMEDY may be able to provide to you.
2.
SNAP REMEDY Accounts and Use of the Site
a.
When you
register with SNAP REMEDY and set up your account, you must:
i.
provide SNAP
REMEDY with accurate and complete information, including without limitation,
your name, address, telephone number, a valid credit card number and any other
necessary account information; and
ii.
update your
account information with any new information within thirty (30) days of changes
to such information. Further, you will not use false identities or impersonate
any other person or use a name that you are not authorized to use. Read our
Privacy Policy at [www.snapremedy.com/privacy-policy] for information about our policies and procedures
regarding the collection, use and disclosure of Personal Information.
b.
You are
responsible for safeguarding and maintaining the confidentiality of your
username, password and corresponding account information. You agree not to disclose your password to
anyone. You agree that you are entirely
and solely responsible for any and all activities or actions that occur under
your SNAP REMEDY account, whether or not you have authorized such activities or
actions. You agree to notify SNAP REMEDY of any unauthorized use of your SNAP
REMEDY account or any other breach of security immediately should such use
become known to, or suspected by, you. In the event that your username or
password is stolen, notify SNAP REMEDY immediately so that a new username or
password can be created. Please also use the “password reminder” process made
available at the log-in page.
c.
You agree that you will not
permit, enable, introduce or facilitate:
i.
persons who
do not have a SNAP REMEDY account to have access to or use of the Expert
Services; and
ii.
other
customers to use a specific Expert Service through your SNAP REMEDY account,
including at the same time that you are doing so.
3.
Transaction Fees and Billing
SNAP REMEDY's charges and billing practices are
customer-specific, and you will agree to said charges prior to Services
commencing.
a.
Customers who sign up
for a Yearly Plan may be billed monthly or yearly for their subscription, as
indicated at the time of purchase. Buying a yearly plan that is billed monthly
constitutes an agreement that you will continue to pay the subscription fees as
outlined at the time of purchase, and fees may apply, including and up to the
remainder of the subscription fees agreed to over the year, should you cancel
before the agreed upon time frame of a year has passed.
b.
Monthly customers who
have not signed up for the entire year, as well as customers who downgrade their
service(s) or plans, including Premium services, to a less expensive one, who
decide to cancel will not be given partial or pro-rated refunds for the
remainder of the month in which cancellation occurs.
c.
Customers who upgrade
services or plans or who purchase additional Premium Services will be billed a
pro-rated amount for the remainder of the calendar month in which this occurs,
with the fill price being charged on their anniversary date thereafter,
immediately upon such upgrade or additional purchase.
d.
In the event that you
exceed your storage limit in using the Backup Premium Service, your account
will automatically and immediately be charged as outlined above for the next
tier of service based on an upgrade for that usage, and you shall be charged
that rate thereafter until such a time that your data limit decreases below the
threshold of the original tier or service and you notify Snap Remedy of your
with to downgrade, as outlined above.
e.
You must provide
current, complete, and accurate profile information, including but not limited
to full name, billing address, residential address, email, phone number, and
credit card information for both support and billing purposes, and you must
promptly notify Snap Remedy and its Payment Processor if such information
changes or you wish to change your billing information.
f.
You must promptly
notify Snap Remedy and its Payment Processor in the event of a credit card
expiry, cancellation, loss or theft, or if you become aware of a potential
security breach in terms of your Snap Remedy account or payment method.
g.
By accepting these
Terms and Conditions you agree that:
i.
you are authorized to
use the payment method used to purchase the services, that any payment
information you provide is true, current and accurate, and that your payment
method account is in good standing and will remain so for the duration of your
use of our services,
ii.
you authorize Snap
Remedy to make charges to your chosen payment method for any one-time or
subscription services you agree to at the time of commencement of your account,
and/or as outlined herein, and
iii.
once you agree to
purchase of a service, Snap Remedy may bill you:
1.
in advance,
2.
immediately upon
purchase,
3.
shortly after purchase
of the service(s),
4.
separately or in a lump
sum for services,
5.
multiple fees and/or
billing periods at the same time for accounts that are in arrears and/or have
past billing periods that have not at that time been processed, and/or
6.
on a recurring basis
for subscription service(s).
h.
Subscription fees are
generally charged in advance for the applicable time period Snap Remedy or
third-party services are made available.
i.
Should a charge from
Snap Remedy and/or its payment processor for a billing period be rejected,
denied or declined, Snap Remedy, its payment processor, and third party
partners reserve the right to collect any thusly returned fees, payment
rejection, or insufficient funds, including such use of third party collection
agencies or credit bureaus as Snap Remedy deems appropriate and the account
shall be considered in arrears. Services will immediately be unavailable
and the account suspended, as outlined below, until such a time as the account information
is updated and rectified and all payments due made. At their discretion and
after a period of time they deem commercially
reasonable Snap Remedy reserves the right to Terminate or Suspend the account
as outlined below.
j.
If you do not cancel your subscription to a “Triage” support package, or any services that Snap Remedy may offer from time to time as “trial” periods with or without charge, before the last day of the agreed upon service period, your Triage or Trial package will automatically be converted to an ongoing support subscription, billed as an Expert Plan on a monthly basis. The Expert Plan subscription will be in accordance to the Terms and Conditions presented to you when you signed up for the limited period plan or trial period, and should you fail to cancel your limited period plan or trail period before the last day of the period, you authorize Snap Remedy to begin monthly billing for the subscriber fee current at that time for an Expert Plan. IF YOU CANCEL PRIOR TO THE END OF YOUR LIMITED PERIOD OR FREE TRIAL, THERE WILL BE NO ADDITIONAL CHARGES TO YOUR PAYMENT METHOD.
Subscriptions for Expert Services, Plans, and Premium Services shall
automatically renew until such a time that the account is terminated or
cancelled as outlined below. Snap Remedy may continue billing under such an
automatic renewal after the initial service period and into the renewed service
period.
4.
Termination or Suspension of the Site & Modification
of this Agreement
a.
SNAP REMEDY
reserves the right, in its sole discretion, to modify, suspend, discontinue or
terminate access to the Site or service or to modify or terminate this
Agreement at any time without advance notice. If we modify this Agreement (or
any policies incorporated herein) we will give you notice via the email address
on file of the new terms. If any modification to the Site, services or this
Agreement is not acceptable to you, your only recourse is to cease using the
Site and any Expert Services[C4] and Premium Services, as well as ceasing use of third-party
applications used in Premium Services.—you would still be responsible for charges incurred for services rendered[C5] . Your use of the Site or any Expert Services or Premium
Services after[C6] we have provided such notice will represent your
acceptance of the new terms. Notwithstanding the foregoing, the Site and any
associated Expert Services or Premium Services shall be unavailable every
Saturday from 2:00 a.m. (EST) to 5:00 a.m. (EST) for maintenance, updates and
such other modifications as deemed required by SNAP REMEDY.
b.
Without
limiting other remedies, SNAP REMEDY may at any time suspend or terminate your
SNAP REMEDY account and refuse to provide access to the Site or Expert Services
without reason or notice bring provided to you. Such termination or suspension
amounts to a termination of this Agreement by SNAP REMEDY. In addition, SNAP
REMEDY may notify the authorities or take any actions it deems appropriate
without notice being provided to you:
i.
if SNAP
REMEDY suspects that you have failed to comply with any provision of this
Agreement or any policies or rules established by SNAP REMEDY;
ii.
if SNAP
REMEDY is unable to verify or authenticate any billing or payment information
you provide to SNAP REMEDY; or
iii.
if SNAP
REMEDY suspects that your actions may be illegal or cause liability, harm or
disruption for you, Experts, SNAP REMEDY, other Customers, the Site or any
other third parties.
c.
You may cancel your SNAP REMEDY
account at any time for any reason. To request a cancellation, please contact
SNAP REMEDY at 1-888-SNAPFIX (1-888-762-7349) and we will terminate the account
as quickly as possible, and no longer than within fifteen (15) days of receipt
of such a request by SNAP REMEDY. Upon termination or cancellation of an
account, your right to use such account and any Expert Services or Premium Services ceases immediately, and you agree that at such time you
will agree to a window of time convenient both to you and to SNAP REMEDY during
which an Expert may access any and all of the devices that have used the Site, Expert
Services or Premium Services so that the Expert may remove any software,
including that used for troubleshooting or monitoring purposes and the
third-party software that is used in Premium Services, and data that has been
created or installed by Snap Remedy.
d.
Any
suspension, termination or cancellation will not affect your obligation to pay
any amounts that are due to Experts and/or SNAP REMEDY, or any of your other
obligations to SNAP REMEDY under this Agreement. The following provisions will survive
any termination of this Agreement or suspension or cancellation of your
account: 2, 5(d), 8(b), 9-13, 15, 16, and 18.
e.
Any suspension, termination or cancellation, either by you or
by SNAP REMEDY, requires that you allow a SNAP REMEDY Expert to uninstall any
software that has been used, provided or purchased as part of the Site or
Expert Services, including remote access and troubleshooting software, as well
as any third party software used for Premium Services. You must contact SNAP
REMEDY by email or phone within seven (7) days of such termination to arrange a
window of time convenient to both you and SNAP REMEDY during which an Expert will remove from any and
all of your devices any and all software that has been provided as part of the
Site, Expert Services or Premium services. If you fail to agree to and
facilitate such software and data removal, you agree that SNAP REMEDY
may continue charging you for any use of the Site, Expert Services or Premium
Services under your billing account on record and to pursue any course of
action required should such billing account not be up-to-date or available for
charging purposes, and SNAP
REMEDY may notify the authorities or take any actions it deems appropriate
without notice until such a time that we are satisfied that all software and
data associated with the Site, Expert Services and Premium Services have been
removed.
f. Upon termination or
cancellation, Snap Remedy may, after a commercially reasonable period of time,
delete any customer data that resides on our servers or those of our
third-party partners, including but not limited to: usage, ticket, expert
interaction, profile, login and password, and other such data that may be
created or uploaded by Snap Remedy or the customer pertaining to the account.
Data such as backups or password vaults that are populated by the customer as
part of our Premium Services will be deleted in this manner, as well. Snap
Remedy may, at your request and should it prove commercially feasible, provide
to you this data or access to your account to recover it upon termination or
cancellation, assuming such request is made within seven (7) days of the
account being closed.
5.
Interaction with Experts and Use of Expert Services
a.
SNAP REMEDY
reserves the right to review and/or record e-Support and all other kinds of
Services provision exchanges and communications, in accordance with applicable
law, in order to evaluate compliance with this Agreement and act accordingly.
If you ever believe that another Customer or Expert has violated the law and/or
is defrauding, threatening or endangering anyone, SNAP REMEDY urges you to
immediately contact the police.
b.
SNAP REMEDY
uses Zendesk for the purposes of support ticketing. By using SNAP REMEDY
services, you agree to Zendesk’s
Terms of Use and
Privacy Policy.
c.
SNAP REMEDY
may use additional third party software and/or platforms in the course of
providing Expert Services. The use of any additional third party software
and/or platforms will be discussed with and approved by Customer before use. By
agreeing to the use of any
additional third party software and/or platform, you agree to be bound by any
Terms of Use and/or Privacy Policy of these providers.
6.
Third Party Software
a.
SNAP REMEDY
uses third parties to provide Expert Services. These include but are not limited to; ConnectWise services (www.connectwise.com), iolo System Mechanic (www.iolo.com) and Trend Micro (www.trendmicro.com). By creating an
account with SNAP REMEDY, you agree to be bound by any Terms of Use and/or
Privacy Policy of each of these platforms.
b.
SNAP REMEDY
uses third parties to provide Premium Services. These include but are not limited to; iDrive (www.idrive.com/canada), Amazon Web Services [AWS] (aws.amazon.com/canada/),Trend Micro (www.trendmicro.com) and Lastpass Password
Management (www.lastpass.com). By creating a
premium account with SNAP REMEDY, you agree to be bound by any Terms of Use
and/or Privacy Policy of each of these providers.
c.
SNAP REMEDY
may use additional third party software and/or platforms in the course of
providing Expert Services. The use of any additional third party software
and/or platforms will be discussed with and approved by Customer before use. By
agreeing to the use of any additional third party software and/or platform, you
agree to be bound by any Terms of Use and/or Privacy Policy of these providers.
d.
Neither SNAP
REMEDY, nor any of its Experts or third party affiliates, shall, under no
circumstances, be liable for any direct, indirect, incidental, punitive,
special, economic or consequential damages (including, but not limited to, loss
of profits or revenue, financial loss, loss of business opportunities, loss,
destruction or alteration of data, files or software, breach of privacy or
security, property damage or any other foreseeable or unforeseeable loss, however
caused) that result from, or related directly or indirectly to the performance
of SNAP REMEDY’s Expert Services and/Premium Services.
7.
Additional Customer Obligations
The Site and Expert Services may
only be used and accessed for lawful purposes.
You agree to abide by all applicable laws, treatises and regulations in
connection with the Site and use of Expert Services. In addition, without
limitation, you agree to comply with the following:
a.
You are
solely responsible for all equipment necessary to access and use the Site and
Expert Services. You understand and agree that prior to your use of any Expert
Services it is your responsibility to back-up the data, software, information
or other files stored on your computer, its disks and drives. SNAP REMEDY will
not be responsible under any circumstances for any loss or corruption of data
and software.
b.
You will not
record or otherwise store any Expert Service sessions that you receive through
the Site or those that are related to your SNAP REMEDY account. SNAP REMEDY and
or the Experts may however record these sessions, in compliance with applicable
law.
c.
You will not
use the Site or Expert Services to upload, post, email or otherwise transmit
any materials or content that contain software viruses or any other computer
code, files or programs designed to:
i.
interrupt,
destroy or limit the functionality of any computer software; or
ii.
interfere
with the access of any Customer, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming or mail-bombing
the Site.
d.
You will not
use the Site or Expert Services for any purpose that is unlawful, fraudulent or
contrary to this Agreement and the policies of SNAP REMEDY and you will
cooperate fully with SNAP REMEDY to investigate any suspected unlawful,
fraudulent or improper activity.
e.
Except for
in-home or in-office visits you will conduct all for-fee communications that
you have with Experts only through the Site and/or telephone. You will not
circumvent or attempt to circumvent the Site and/or telephone using third-party
payment services or otherwise.
f.
You will not
create obscene, offensive, tasteless, defamatory or hateful screen names, or
use such obscene, offensive, tasteless, defamatory or hateful content on the Site
or in connection with your use of Expert Services.
g.
You will not
use the Site or Expert Services in any manner that harasses an Expert or
another customer or could interfere with any other party’s use or enjoyment of
the Site and Expert Services. You will respect the privacy of others and not
use the Site or Expert Services for unwelcome, rude or abusive communications
or in any other manner as determined by SNAP REMEDY in its sole discretion.
h.
You will not
attempt to gain unauthorized access to any SNAP REMEDY account information,
computer systems or networks associated with the Site. You will not attempt to
obtain any information or materials relating to the Site through any means not
intentionally made available through the Site.
i.
You will not
"frame," "mirror" or otherwise copy any portion of the
Site.
j.
You will not
use the Site or Expert Services to promote or provide any product or services
related to claiming success with or offering information regarding lottery
numbers or for purposes of multi-level marketing proposals (for example,
offering to help participants “get rich quickly”). You will not use the Site to
promote bonus items, giveaways, random drawings, prizes, contests or games of
chance.
k.
You will not
use the Site or Expert Services to transmit "junk mail,"
"spam," "chain letters" or unsolicited mass distribution of
email or bulletin board postings or transmit solicitation for employees,
consultants, or contractors for participation on other websites.
l.
You will not
attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Site or SNAP REMEDY services.
m.
You will not
encourage or instruct any other individual to do any of the foregoing or to
violate any term of this Agreement and SNAP REMEDY policies.
8.
Customer Comments & Feedback
a.
Customer
Comments
At the end of each session with an Expert, you have the
opportunity to leave feedback and make comments about your experience with the
Experts with whom you have interacted (“Customer
Comments”) by filling out the customer comment form provided to you at the
end of a session. SNAP REMEDY advises you to exercise caution and good judgment
when leaving such comments. Once you complete and submit your comments to the
Site you will not be able to go back and edit your comments. You should also be
aware that you can be held legally responsible for damages to someone's
reputation if your comments are deemed to be defamatory. SNAP REMEDY does not
monitor or censor comments that are provided by Customers and disclaims any and
all liability relating thereto.
Notwithstanding the foregoing, SNAP REMEDY does reserve the right, in
its sole discretion, to remove any Customer Comments that it deems to be
inconsistent with the online activities that are permitted under this Agreement.
b.
Feedback
We invite
you to provide SNAP REMEDY with feedback, comments and suggestions for
improvements to the Site and Expert Services (collectively, “Feedback”). You may submit Feedback by
filling out a feedback form made available on the Site or via email or
other means as well as after
a support session is completed. You acknowledge and agree that all Customer
Comments and all Feedback will be the sole and exclusive property of SNAP
REMEDY. You hereby assign to SNAP REMEDY and agree to assign to SNAP REMEDY all
of your right, title and interest in and to all Customer Comments and Feedback,
including all moral and intellectual property rights therein. At SNAP REMEDY’s request and expense, you
will execute documents and take such further acts as SNAP REMEDY may reasonably
request to assist SNAP REMEDY to acquire, perfect and maintain its intellectual
property rights and other legal protections for the Customer Comments and
Feedback.
9.
Confidentiality
“Confidential Information” means:
Any
SNAP REMEDY business or technical information that is disclosed to you in
connection with this Agreement, including, but not limited to business
opportunities or research and development. Confidential Information excludes
any information that:
a.
is or
becomes generally known to the public other than as a result of your breach of
this Agreement;
b.
is
rightfully known to you at the time of disclosure without restrictions on use
or disclosure;
c.
is
independently developed by you, without access to or use of any Confidential
Information; or
d.
is rightfully
obtained by you from a third party, who has the right to disclose it and who
discloses it without restrictions on use or disclosure.
You will maintain all Confidential Information in strict
confidence and will not disclose any Confidential Information to any third
party. You will not use Confidential Information, except as necessary for the
performance of this Agreement.
10. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SNAP REMEDY, AND
ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND
AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE
SITE OR EXPERT SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE
GROSS NEGLIGENCE OF SNAP REMEDY) INCLUDING ANY LIABILITY OR EXPENSE ARISING
FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS,
LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH
CASE, SNAP REMEDY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT, OR
ACTION.
11. Warranties and Disclaimer
AS BETWEEN YOU AND SNAP REMEDY, THE SITE AND ANY EXPERT
SERVICES, PREMIUM SERVICES, THIRD PARTY SOFTWARE, OR GOODS OBTAINED THROUGH THE
SITE OR OTHERWISE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY
KIND. SNAP REMEDY AND SUPPLIERS TO SNAP
REMEDY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SITE, EXPERT SERVICES, PREMIUM SERVICES, THIRD PARTY SOFTWARE, AND ALL
COMMUNICATIONS BETWEEN EXPERTS AND CUSTOMERS MADE THROUGH THE SITE, INCLUDING
ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, SNAP REMEDY makes no
representation or warranty that the Site or any third party software and/or
platform will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states
or jurisdictions do not allow the exclusion of certain warranties. Accordingly,
some of the above exclusions may not apply to you.
12. Limitation
of Liability
UNDER NO CIRCUMSTANCES WILL SNAP REMEDY OR
PERSONS/ENTITIES WORKING ON SNAP REMEDY’S BEHALF, INCLUDING EXPERTS AND THIRD
PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR
EXPERT OR PREMIUM SERVICES, INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED
DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCTS OR
INJURY OR DAMAGES RESULTING FROM USE OF THE EXPERT SERVICES AND/OR PREMIUM
SERVICES, INCLUDING, WITHOUT LIMITATION, WHETHER YOU CHOOSE TO MEET WITH AN
EXPERT IN PERSON. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNAP REMEDY
AND PERSONS/ENTITIES WORKING ON SNAP REMEDY’S BEHALF AGGREGATE LIABILITY TO YOU
ARISING WITH RESPECT TO THIS AGREEMENT AND EXPERT SERVICES AND/OR PREMIUM
SERVICES PROVIDED, OR NOT PROVIDED TO YOU, WILL NOT EXCEED THE TOTAL FEES
ACTUALLY COLLECTED FROM YOU BY SNAP REMEDY UNDER THIS AGREEMENT (AFTER PAYMENTS
TO EXPERTS AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE
EVENT GIVING RISE TO THE LIABILITY. SNAP REMEDY WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE
PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND
EXCLUSIONS MAY NOT APPLY TO YOU.
13. Copyrighted
Materials: No Unauthorized Use
You will not use the Site or Expert Services to transmit,
route, provide connections to or store any material that infringes copyrighted
works or otherwise violates or promotes the violation of the intellectual property
rights of any third party. SNAP REMEDY has adopted and implemented a policy
that provides for the termination in appropriate circumstances of the accounts
of users who repeatedly infringe or are believed to be infringing the rights of
copyright holders. Should any Expert, employee, manager, agent or
representative of SNAP REMEDY suspect that any Customer device or computer
contains pirated or illegally obtained software, we reserve the right to
suspend, refuse or terminate service, at our sole discretion, until such time
as the pirated or illegally obtained software is removed from such device or
computer. This includes, but is not
limited to, suspension of Expert Services and/or Premium Services, refusal of Expert
Services and/or Premium Services, and termination of your SNAP REMEDY account.
14. Force Majeure
SNAP REMEDY will not be liable hereunder by reason of any
failure or delay in the performance of its obligations hereunder on account of
events beyond its reasonable control, which may include, without limitation,
denial-of-service attacks, strikes, shortages, riots, insurrection, fires,
flood, storm, explosions, acts of God, war, terrorism, governmental action,
labor conditions, earthquakes, material shortages, extraordinary Internet
congestion, failure or delay in the performance of any third party whose
services SNAP REMEDY uses in the course of providing either Expert Services or
Premium Services, or extraordinary connectivity issues experienced by major
telecommunications providers and unrelated to the SNAP REMEDY infrastructure or
connectivity to the Internet or failure at a SNAP REMEDY co-location facility,
(each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event,
SNAP REMEDY will be excused from any further performance of its obligations
effected by the Force Majeure Event for so long as the event continues.
15. Notice; Consent to Electronic
Notice
You consent to the use of:
a. electronic means to complete this Agreement, to use the
Site and Expert Services and to deliver to you any notices pursuant to this
Agreement, and
b.
electronic records to store
information related to this Agreement or your use of the Site and Expert
Services.
Any notice or other communication to be given hereunder
will be in writing and given:
a.
by SNAP
REMEDY via email (in each case to the address that you provide);
b.
SNAP REMEDY
via a posting on the Site; or
c.
you via our www.snapremedy.com/contact form or to addresses as SNAP REMEDY may specify in writing. The date of receipt
will be deemed the date on which such notice is transmitted. You understand and
agree that this Agreement and any notices given pursuant to this Agreement are
enforceable in electronic format. You can request a copy in paper form of this
Agreement and any other records relating to this Agreement or your use of the
Site and Expert Services by sending a written request to SNAP REMEDY using the www.snapremedy.com/contact form.
16. Links to
other Websites
The Site may provide links to websites other than SNAP
REMEDY’s. Such links are provided for reference only, and SNAP REMEDY neither
controls such websites nor endorses any of the material on any such websites or
any association with their operators. SNAP REMEDY accepts no liability
whatsoever arising, directly or indirectly, as a result of you visiting any of
the links provided by SNAP REMEDY for reference only.
17. Miscellaneous
In the event that any provision in this Agreement is held
to be invalid or unenforceable, the unenforceable part shall be given effect to
the greatest extent permitted by law and the remaining provisions will remain
in full force and effect to the maximum extent permitted by law. The failure of
a party to enforce any right or provision of this Agreement will not be deemed
a waiver of such right or provision. You may not assign this Agreement (by
operation of law or otherwise) without the prior written consent of SNAP REMEDY
and any prohibited assignment will be null and void. SNAP REMEDY may assign
this Agreement or any rights hereunder without your consent. The relationship
of the parties under this Agreement is that of independent contractors, and
this Agreement will not be construed to imply that either party is the Agent,
employee, or joint venturer of the other. This
Agreement will be governed by and interpreted in accordance with the laws of
the province of Ontario Except where
prohibited by applicable law, any controversy, claim, or dispute arising out of
or relating to this Agreement, your use of any SNAP REMEDY service (including
but not limited to the Site, your account, and the Expert Services) will be
referred to and finally settled (to the exclusion of the courts) by private and
confidential binding arbitration before a single arbitrator held in Toronto,
Ontario in English and governed by Ontario law pursuant to the Arbitration Act,
1991 (Ontario), as amended, replaced or re-enacted from time to time. The
arbitrator shall be a person who is legally trained and who has experience in
the information technology field in Canada and is independent of either party.
Any such claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim, controversy, or dispute of any
other party. You agree that this Agreement and the rules, restrictions and
policies contained herein, and SNAP REMEDY’s enforcement thereof, are not
intended to confer and do not confer any rights or remedies upon any person
other than you and SNAP REMEDY. This Agreement together with the rules and
policies of SNAP REMEDY constitutes the entire agreement between SNAP REMEDY
and you with respect to the subject matter hereof.