1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Geek Squad Online Support Plan Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the Online Support Plan service (the “Service”) that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and Geek Squad with respect to the Service.
2. DESCRIPTION OF SERVICE
Customer is eligible to receive the following with the Service:
- One time PC tune-up and ongoing optimization to enhance system performance
- PC and networking support 24 hours a day, 7 days a week
- Virus and spyware removal
- Assistance with digital devices and peripherals including MP3 players, PDAs, and digital cameras
- Software installation, removal, and troubleshooting
- Email set-up and troubleshooting
- Printer troubleshooting and installation
Plan covers up to 5 computers in one location. Set-up fees apply to each computer covered under the plan. Training services are not included in the Service, but are available at Geek Squad’s standard service rate.
Customer pre-requisites: The Services requires a high-speed Internet connection, and up-to-date antivirus software installed on all PC’s that are covered by the Service. The Service requires a 6-month commitment at the monthly subscription price then in effect.
3. PAYMENT
If Customer would like to continue the Service after expiration of the initial Service period, Customer agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are nonrefundable. Geek Squad may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
4. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
Geek Squad may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, Geek Squad will notify you by posting the changes to the site from which you purchased the Services. Geek Squad reserves the right to modify or discontinue the Service with or without notice to Customer. Geek Squad shall not be liable to Customer or any third party should Geek Squad exercise its right to modify or discontinue the Service. Customer's continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
5. PRIVACY POLICY
It is Geek Squad’s policy to respect the privacy of its Customers. For information on our privacy practices, please call 1-800 GEEK SQUAD or review our privacy policy at www.geeksquad.com/privacy/.
6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Geek Squad servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Geek Squad and/or its third party service provider, neither Geek Squad nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
7. LIMITATIONS TO SERVICE
Geek Squad shall not be liable for any failure or delay in performance due to any cause beyond its control. Geek Squad and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Geek Squad.
8. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Geek Squad (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Geek Squad by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Geek Squad or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
9. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEEK SQUAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GEEK SQUAD MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GEEK SQUAD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM GEEK SQUAD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
10. LIMITATION OF LIABILITY
GEEK SQUAD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GEEK SQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Geek Squad shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Geek Squad shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Geek Squad. Notwithstanding any language to the contrary, Geek Squad’s maximum liability to Customer arising from or related to Geek Squad under this Agreement shall be limited to the sums paid by Customer to Geek Squad under this Agreement during the three months prior to the time the cause of action arose.
11. TERMINATION
Either Customer or Geek Squad may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no rights and Geek Squad will have no obligations regarding the Service thereafter.
12. LAWS
These Service Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflict of law provisions. Customer and Geek Squad agree to submit to the exclusive jurisdiction of the courts in Minneapolis, Minnesota. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Geek Squad agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Last Revised-October 13, 2010
SupportSpace Inc. (“SupportSpace”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of Support.geeksquad.com (this “Site”). This Privacy Policy applies only to information that you provide to us through this Site.
This Privacy Policy may be updated from time to time; each version will apply to information collected while it was in place. We will notify you of any material changes by posting the new Privacy Policy on the Site or emailing you if we deem it appropriate. You are advised to consult this policy regularly for any changes.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your accounts (together, the “Service”), to enable users to enjoy and easily navigate the Site..
Personally Identifiable Information
- When you register with us through the Site to become a customer (“Customer”), we will ask you for personally identifiable information. This refers to information about you that when on its own or in combination with other identifiers can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number(s), credit card or other billing information, email address, home and business postal addresses and Session Information (defined below). We use your Personal Information to provide the Service, and administer your inquiries.
- When a Customer and a technical support service provider who is accessible though the Site (“Expert”) share a support session, we (or a third party services provider on our behalf) may record e-Support exchanges (including voice and other communications during desktop sharing sessions), telephone calls and the related billing information (“Session Information”).
- We also collect the other information that you provide as part of registration and that which is related to the administration of the Service (e.g., without limitation zip code and individual preferences) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) to provide the Service, complete your transactions and administer your inquiries.
- We may combine your Personal Information with Non-Identifying Information and aggregate it anonymously with information collected from other Site Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a Service to you according to your preferences or restrictions.
- We may also use your Personal Information to contact you with Service newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.)
Log Data
When you visit the Site, whether as a Customer or a websurfer just browsing (any of these, a “Site User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the website from which you are visiting, pages of our Site that you visit, the time spent on those pages, information you search for, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness and to better tailor it to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and may serve advertisements and other information appropriate to your interests.
Cookies
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Site Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.
Emailing Via a support.geeksquad.com Account
As part of the Service, Customers may communicate with others through use of their accounts. Where Customers have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from SupportSpace to those email addresses on their behalf. These email addresses will be stored in the address book the Customer creates and will be used only for the purpose of sending the email communication to the addressee.
Phishing
Identity theft and the practice currently known as “phishing” are of great concern to SupportSpace. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
Information Sharing and Disclosure
Your Sharing of your Personal Information
There are various ways Site Users can make their Personal Information publicly available through the Site or ways in which they can supply such information to SupportSpace. Proving your Personal Information and any other data through the Site or to SupportSpace is voluntary and should correlate with the degree of interaction you want to have with other Site Users and SupportSpace.
- Customers - When you as a Customer receive services through the Site, depending on the services you request, the Expert may have access to your Personal Information and Non-Identifying Information and in some cases your computer and whatever data is stored on your computer. For example, if you choose to receive technical support via a desktop sharing session you will be giving the Expert access to your computer over a network in addition to access to whatever documents, files and/or applications are accessible through your computer. You may also provide other diagnostic information to partake of services. Experts will only see your profile during a support session.
- Best Buy/Geek Squad - In order to provide the Services, SupportSpace may share your Personal Information, Non-Identifying Information and Log Data with Best Buy Stores L.P. d/b/a Geek Squad (“Geek Squad”) and you consent to such sharing with Geek Squad. Geek Squad has its own privacy policy to govern its use of such Personal Information, Non-Identifying Information and Log Data , which is different to this Privacy Policy and which describes Geek Squad’s use of personally identifiable information. We encourage you to read the Geek Squad privacy policy to learn how Geek Squad plans to use, share and secure your Personal Information, [Non-Identifying Information and Log Data]. SupportSpace does not exercise control over and is not responsible for the Geek Squad privacy practices.
Aggregate Information and Non-Identifying Information
We may share aggregated anonymous information from the information we collect and Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, application processing, background checking, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks for us or on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. You consent to the sharing of your Personal Information with all such third party companies described herein.
Compliance with Laws and Law Enforcement
SupportSpace cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of SupportSpace or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.
Business Transfers
SupportSpace may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If SupportSpace becomes involved in a merger, acquisition, reorganization or any form of sale of some or all of its assets, we will provide notice to you before your Personal Information is transferred and becomes subject to a different privacy policy.
Changing or Deleting Your Information
All Customers may review, update, correct or delete the Personal Information in their account profile by contacting us. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record. See below for privacy contact information.
Security
SupportSpace is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with
(i) the legitimate needs of law enforcement or
(ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
International Transfer
Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, SupportSpace transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Links to Other Sites
Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us via our Feedback Form. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Effective March 5th 2009