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GEEK SQUAD ONLINE SUPPORT PLAN - TERMS OF SERVICE

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 Privacy Policy

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

SupportSpace Terms and Conditions

This Customer Service Agreement (“Agreement”) is a legal agreement between you (“Customer”) and SupportSpace, Inc. (“SupportSpace”). Your access to the Site (defined below) and technical support service providers who are accessible though the Site (“Experts”) is governed only by the policies, terms and conditions below. For convenience, we refer to the SupportSpace.com website and any content therein provided by SupportSpace as the “Site”, we refer to any desktop sharing session or other communications you have via the Internet or telephone related to your SupportSpace account with the Experts as
“e-Support” and we refer to any technical support services you may receive from an Expert related to your SupportSpace account or the Site, (including e-Support and in-home visits) and their listings on the Site as “Expert Services.” 

This Agreement limits SupportSpace's liability and obligations to you and allows SupportSpace to change, suspend or terminate your access to and use of the Site, e-Support, your SupportSpace account and Expert 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 CLICKING THE “AGREE & JOIN” BUTTON, BY USING THE SITE, ANY EXPERT SERVICES, YOUR SUPPORTSPACE 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 MAY NOT ACCESS OR USE THE SITE OR EXPERT SERVICES.
  1. Eligibility; Limitations on Service
    2. The Site and Expert Services are only available to persons who are at least eighteen (18) years old (an “Adult”). SupportSpace acts only as an interface to facilitate communications between Experts and Customers and to collect Fees (defined below) from Customers on behalf of Experts and SupportSpace is not a party to any relationship or separate agreement entered into between Customers and Experts and disclaims any and all liability relating thereto. Experts are not employees, Agents or contractors of SupportSpace.
    SUPPORTSPACE MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE SITE AND SUPPORTSPACE SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT IS INTENDED BY SUPPORTSPACE AS DETERMINED BY SUPPORTSPACE IN ITS SOLE DISCRETION.
    1. Desktop Sharing Services
      2. 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 the SupportSpace desktop sharing software application (“SupportSpace Software”) subject to the terms and conditions of the SupportSpace Software License Agreement; and (ii) provide the Expert access to your computer using the SupportSpace 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.
      THE SUPPORTSPACE SOFTWARE IS NOT SPYWARE, ADWARE OR MALWARE. IF YOU DOWNLOAD, INSTALL OR USE THE SUPPORTSPACE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE SUPPORTSPACE SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF, SOLELY TO PARTAKE OF AND ENJOY THE EXPERT SERVICES REQUESTED BY YOU.
    2. In-Home Visits
      3. After an initial e-Support service session with an Expert, you and an Expert may agree to have an in-home visit to address your service needs.  For in-home visits, an Adult must be present during the entire period Expert Services are provided. If an Adult is not present when the Expert arrives to the designated address, the provision of Expert Services may be denied and a cancellation fee may apply. Please see the relevant Expert’s listing for the amount of this cancellation fee.
    3. Minimum System Requirements for Expert Services
      4. To partake of Expert Services you must have a validly licensed and working personal computer meeting the minimum requirements described below.
      - Windows 98 operating system or newer;
      - Internet Explorer version 6 or higher;
      - All peripherals must be in good working condition and spyware free.
  2. SupportSpace Accounts and Use of the Site
    1. When you register with SupportSpace and set up your account, you must:
      1. provide SupportSpace 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
      2. 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. We encourage you to read our Privacy Policy at www.supportspace.com/support/legal.s2 for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Customers.
    2. 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 SupportSpace account, whether or not you have authorized such activities or actions. You agree to notify SupportSpace of any unauthorized use of your SupportSpace account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your username or password is stolen, please notify SupportSpace 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.
    3. You agree that you will not permit, enable, introduce or facilitate
      1. persons who do not have a SupportSpace account to have access to or use of the Expert Services; and
      2. other Customers to use a specific Expert Service through your SupportSpace account, including at the same time that you are doing so.
  3. Transaction Fees and Billing
    4. SupportSpace's Payment Policy is available on the Site, and is incorporated into this Agreement by reference. http://www.supportspace.com/support/legal.s2#5
  4. Termination or Suspension of the Site & Modification of the this Agreement
    1. SupportSpace reserves the right, in its sole discretion  to modify, discontinue or terminate 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 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. Your use of the Site or any Expert Services after we have provided such notice will represent your acceptance of the new terms.
    2. Without limiting other remedies, SupportSpace may at any time suspend or terminate your SupportSpace account and refuse to provide access to the Site or Expert Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by SupportSpace. In addition, SupportSpace may notify your bank and/or authorities or take any actions it deems appropriate without notice to you:
      1. if SupportSpace suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by SupportSpace;
      2. if SupportSpace is unable to verify or authenticate any billing or payment information you provide to SupportSpace; or
      3. if SupportSpace suspects that your actions may be illegal or cause liability, harm or disruption for you, Experts, SupportSpace, other Customers, the Site or any other third parties.
    3. You may cancel your SupportSpace account at anytime for any reason. To request a cancellation, please fill out our Feedback Form and choose "Close my account" as your "type of feedback" per the instructions on the form. Any account cancellation request will be handled within fifteen (15) days of receipt of such a request by SupportSpace. Upon termination or cancellation of an account, your right to use such account and any Expert Services ceases immediately.
    4. Any suspension, termination or cancellation will not affect your obligation to pay any amounts that are due to Experts or any of your other obligations to SupportSpace 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 through 13, 15, 16 and 18.
  5. Interaction with Experts and Use of Expert Services
    1. Although the Expert listings may contain verified credentials, the verification services are provided to SupportSpace by third parties and SupportSpace does not refer, endorse, recommend, or guarantee any Expert Services provided by Experts, any specific Expert or any Expert’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by SupportSpace.  SupportSpace acts as a technology service that facilitates the sharing of technical support services between Experts and Customers and does not make editorial or managerial decisions concerning an Expert’s listing, nor will SupportSpace be held responsible for any Expert’s failure to comply with laws or regulations concerning the content of their listings. SupportSpace is not responsible for the use or exchange of any information, files or goods between Experts and Customers.  Further, SupportSpace does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Experts or Customers, including without limitation, any information contained in Expert listings, the Expert Services provided, comments made by Customers or other information made available through the Site. SupportSpace assumes no responsibility for monitoring any Customer feedback or otherwise policing its users in any way.
    2. You are solely responsible for your interactions with Experts and will exercise caution, discretion, common sense and judgment in, using the Site or Expert Services and disclosing personal information to Experts and SupportSpace. You agree to take reasonable precautions in all interactions with Experts, particularly if you decide to meet with an Expert in person. Your use of the Site and Expert Services is at your sole risk and discretion and SupportSpace hereby disclaims any and all liability to you or any third party relating thereto.
    3. SupportSpace reserves the right to review and/or record e-Support exchanges and communications, in accordance with applicable law, in order to evaluate compliance with this Agreement . If you ever believe that another Customer or Expert has violated the law or is defrauding, threatening or endangering anyone, SupportSpace urges you to immediately contact the police directly for help.
  6. Additional Customer Obligations
    7. The Site and Expert Services may only be used and accessed for lawful purposes.  You agree to abide by all applicable local, state, national and foreign 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:
    1. 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. SupportSpace will not be responsible under any circumstances for any loss or corruption of data and software.
    2. You will not record or otherwise store any Expert Service sessions that you receive through the Site or those that are related to your SupportSpace account. SupportSpace and or the Experts may however record these sessions, in compliance with applicable law.
    3. 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
      1. interrupt, destroy or limit the functionality of any computer software; or
      2. interfere with the access of any Customer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.
    4. 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 SupportSpace and you will cooperate fully with SupportSpace to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized SupportSpace representatives access to any password-protected portions of your SupportSpace account.
    5. Except for in-home visits you will conduct all for-fee communications that you have with Experts only through the Site. You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise.
    6. 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.
    7. 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 SupportSpace in its sole discretion.
    8. You will not attempt to gain unauthorized access to any SupportSpace 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.
    9. You will not "frame," "mirror" or otherwise copy any portion of the Site.
    10. 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” or “make money surfing the Web”). You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
    11. 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.
    12. You will not take any actions which may undermine the Customer comment system used to solicit feedback and comments from Customers, including, without limitation, using secondary Customer names or third parties or leaving negative comments if an Expert fails to perform some action that is outside the scope of the services described in his or her Expert listing, or for another untruthful or malicious reason.
    13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or SupportSpace services.
    14. You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and SupportSpace policies.
  7. Customer Comments & Feedback
    1. Customer Comments
      2. 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. SupportSpace 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. SupportSpace does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto.  Notwithstanding the foregoing, SupportSpace 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.
    2. Feedback
      We invite you to provide SupportSpace with feedback, comments and suggestions for improvements to the Site and Expert Services (collectively, “Feedback”). You may submit Feedback by filing out a feedback form made available on the Site. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of SupportSpace. You hereby assign to SupportSpace and agree to assign to SupportSpace all of your right, title and interest in and to all Customer Comments and Feedback, including all intellectual property rights therein.  At SupportSpace’s request and expense, you will execute documents and take such further acts as SupportSpace may reasonably request to assist SupportSpace to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.
  8. Proprietary Rights and Ownership
    9. SupportSpace and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, SupportSpace technology and the trademarks, service marks and logos contained therein (“SupportSpace Properties”). SupportSpace reserves all rights in the SupportSpace Properties not expressly granted to you in this Agreement.

    SupportSpace and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. For a period of three (3) years from the date you assent to the terms of this Agreement, SupportSpace will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by SupportSpace. SupportSpace may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: SupportSpace, Inc.
    Contact us using our Feedback Form.
  9. Confidentiality
    10. Confidential Information ” means:
    1. Any Feedback that you provide to SupportSpace; and
    2. Any SupportSpace business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to Support Space’s plans, business opportunities or research and development. Confidential Information excludes any information that:
      1. is or becomes generally known to the public other than as a result of your breach of this Agreement e;
      2. is rightfully known to you at the time of disclosure without restrictions on use or disclosure;
      3. is independently developed by you, without access to or use of any Confidential Information; or
      4. 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
    11. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SUPPORTSPACE, 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 SUPPORTSPACE) 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, SUPPORTSPACE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
  11. Warranties and Disclaimer
    12. AS BETWEEN YOU AND SUPPORTSPACE, THE SITE AND ANY EXPERT SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND.  SUPPORTSPACE AND SUPPLIERS TO SUPPORTSPACE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, EXPERT SERVICES 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, SupportSpace makes no representation or warranty that the Site 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
    13. UNDER NO CIRCUMSTANCES WILL SUPPORTSPACE OR  SUPPLIERS TO SUPPORTSPACE 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 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, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH AN EXPERT IN PERSON, WHETHER OR NOT SUPPORTSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPORTSPACE AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND EXPERT SERVICES PROVIDED TO YOU WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY SUPPORTSPACE 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. SUPPORTSPACE 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
    14. 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. SupportSpace 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. Please see the SupportSpace Copyright Policy for further information.
  14. Force Majeure
    15. SupportSpace 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 or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the SupportSpace infrastructure or connectivity to the Internet or failure at a SupportSpace co-location facility, (each a “    Force Majeure Event”). Upon the occurrence of a Force Majeure Event, SupportSpace 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
    16. You consent to the use of:
    1. 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
    2. 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:
    1. By SupportSpace via email (in each case to the address that you provide).
    2. By SupportSpace via a posting on the Site or
    3. By you via our Feedback Form or to addresses as SupportSpace 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 SupportSpace using the Feedback Form.
  16. Links to other Websites
    17. The Site may provide links to websites other than SupportSpace. Such links are provided for reference only, and SupportSpace neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
  17. Miscellaneous
    18. 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 SupportSpace and any prohibited assignment will be null and void. SupportSpace 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 State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and SupportSpace’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SupportSpace. This Agreement together with the rules and policies of SupportSpace constitutes the entire agreement between SupportSpace and you with respect to the subject matter hereof.
Last Modified: November 7, 2007