Terms and Conditions: Resolv (“RESOLV”) is pleased to provide the RESOLV Premium Services in accordance with this Services Description.
The End User License Agreement supplements these Terms and Conditions for the software operating on your personal computer.
The parties acknowledge having read and agreed to be bound by such online terms. RESOLV may offer customers the Services with respect to Supported Products (as defined below) through monthly subscriptions, annual subscriptions, and/or various promotional offers. You (the “Customer”) acknowledge and agree that the Service(s) described below are being supplied in accordance with your acceptance of the terms and conditions of this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.
Service: The Service will use commercially reasonable efforts to provide remote technical support, and general computing for Supported Products (as defined below) on the Customer’s computer. The Services provided under this Service Description are provided remotely via telephone and chat sessions and frequently include remote diagnosis by the technical agent, including having remote access to your system via proxy, always with your permission. It is required that the Customer have internet service and that all Supported Hardware is connected to the internet or home network for the Service to be delivered. RESOLV will make commercially reasonable efforts to make the Service available 24-hours a day, seven days a week. In certain instances, the Service may be unavailable. In specific situations where support is needed for tasks beyond the scope of this Service Description, RESOLV may offer additional services through the phone support agent for an additional fee.
Additional Services Details
GENERAL AREAS OF SUPPORT
DESCRIPTION OF SUPPORT
The Service includes phone support, chat-based support, software support, and device support, as described below with respect to Supported Products (as defined below) in the Customer’s home or home office.
The Service includes the support described herein with respect to Supported Software (each as defined below and, collectively, “Supported Products”).
Software systems and programs supported by the Service (the “Supported Software”) include widely available versions of the following programs:
Supported Software may also include:
The Service will support personal computers running Microsoft® Windows based operating systems (includes both notebooks and desktops) (each, a “Supported PC”). For a list of supported software, please see above.
Technical Support for Networking and Wireless connectivity
Networking and wireless connectivity in your home may include assistance with:
Technical Support for Printers and Printing
Printer and printing support may include:
THE SERVICE AGENT MAY OFFER SOME, ANY, OR ALL OF THESE PRODUCTS AT ANY TIME. OTHER PLANS OR PROMOTIONAL OFFERS MAY BE OFFERED AT OUR DISCRETION.
Single Incident Support Plan : This base level offering of the Service includes support for one (1) Supported PC in the home, a home network and certain peripherals connected to that network, and offers the Customer the resolution of identified issues during the initial call.
Unlimited Incident 1 Year Plan: This base level offering of the Service includes support for one (1) Supported PC in the home, a home network and certain peripherals connected to that network, and offers the Customer the resolution of identified issues during the initial call as well as any issues found during the year following purchase date of the plan.
Unlimited Incident Multi-PC 1 Year Plan(s): These offerings of the Service provide service for multiple Supported PCs in the home, a home network and certain peripherals connected to that network and offers the Customer resolution on issues found on named PC’s for the year following purchase date of the plan (varies by offer).
Changes and Cancellations
Changes to Subscriptions
The Service DOES NOT INCLUDE:
• Support for non-Windows®-based OS or applications
• Labor and/or parts replacement for hardware or peripherals
• On-site or at-home services
• Support when compatibility of the system to the software is in question or configuration is invalid
• Support for Internet Explorer® Versions 1-7
• Database editing and creation
• Computers or devices that are managed by any external IT department
• Enablement of access to corporate systems, email or data
• Live data manipulation
• Video editing
• Creating illegal copies of software
• Bypassing copyright protection
• Creating DVDs of commercially available movies
• Installation of dual boot operating system configuration
• “Crack or Hack” protected files
• Support for commercial grade printers
• Supporting or assisting any activity deemed to be illegal by RESOLV in its sole discretion
• Support when your system does not meet the system-requirements of installed software
• Supporting third party plug-ins like browser helper applications and Flash™ players
RESOLV is not responsible for:
• Data loss / corruption
• Hardware replacement
• Providing software upgrades or new software releases with the exception of device driver software recommended by the RESOLV software
• Support for versions of Supported Products older than the current version (support on older versions is on a commercially reasonable basis)
• Support for freeware or shareware
• Remote or on-site training services
• Scripting, programming, database design or web development
• Product keys for activation
• Recovery of lost data or software (support regarding data or software loss is on a commercially reasonable basis)
• Support arising from intentional damage
• Any activities not expressly described in this Service Description.
Receiving Support: Customers may initiate a phone call with a technician or the Customer may pre-arrange for a technician to call the Customer. A technician will ask for Customer’s email address associated with the account, relevant hardware and software brands, and model or version numbers. To receive services, the Customer must confirm that they (a) have full access to the system that is the basis of the problem, and (b) have completed a back-up of any software or data on the Supported Product. Services may be provided by a qualified third party service provider on RESOLV’s behalf.
Service Availability: RESOLV will make efforts to make the Service available 24-hours a day, seven days a week. In certain instances, the Service may be unavailable.
Scheduled Services. For all Services that require scheduling a session with the Company, the Company will use commercially reasonable efforts to schedule a mutually convenient Service session within a reasonable period of time. However, you acknowledge that circumstances outside of the Company’s control (for example, a large scale outbreak of a new computer virus), scheduling conflicts and/or other unforeseen circumstances may cause significant delays in the Company’s ability to schedule a Service session and/or to otherwise attend a scheduled Service session. In the event that such circumstances cause the Company to miss a scheduled Service Session, the Company will use commercially reasonable efforts to re-schedule a mutually convenient Service session within a reasonable period of time.
Payment Method. You authorize the Company to permit its third party credit payment processing vendor to process all amounts owed to the Company under this Agreement. You will at all times maintain valid and current credit card information. If you terminate your credit card or elect to pay for the Services with a different credit card, or if you receive a new account number for your credit card, you shall immediately notify Company’s third party credit payment processing vendor of such termination or change. If for any reason fees owed cannot be billed to your credit card for any amount owed under this Agreement, you authorize the Company to bill you directly for such amount, which amount, together with any late fees, chargeback (defined below) or other fees set forth in this Agreement, shall be immediately due and payable.
Payment Obligations. You agree to pay all amounts owed to the Company under this Agreement, as well as any applicable taxes and other charges, when due.
Charges. The Company reserves the right to charge any amounts owed by you under this Agreement to your credit card or bill you directly for such amounts at any time after the conclusion of the Services.
Late/Chargeback Fees; Attorneys’ Fees. For any amount (a) not paid to the Company when due; or (b) paid by you via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, the Company reserves the right to charge and you agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, you agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that you owe to the Company, whether incurred before or after civil litigation is commenced.
PERFORMANCE OF THE SERVICES
With respect to any claim that any of the Services were deficient, you must notify the Company within five (5) calendar days following the Company’s performance of such Services. If you fail to give the Company written notice of such deficiency within such 5-day period, the Company will not be required to remedy such deficiency. Provided that you give Company notice in accordance with this paragraph, the Company agrees to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give the Company reasonable access to your Computer Systems and Devices covered by the Services, as well as access to your home or office premises if necessary to enable such efforts. If the Company, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in Section 9 below. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified in this Agreement.
Unique Account Information: Customer must maintain the confidentiality of the account log-in information provided by RESOLV in connection with these Services. RESOLV is not responsible for unauthorized use of a Customer’s Service and may terminate Customer’s Service at any time if it believes in its reasonable discretion that Customer’s account is subject to unauthorized use.
Spyware/Virus Removal: Customer acknowledges that alteration or removal of some spyware and virus programs may impair the performance of certain programs. In addition, altering or removing such programs may be restricted by certain software licenses. It is the Customer’s responsibility to examine such licenses and to ensure that the procedures performed as part of these Services will not affect these licenses, or, if they do, that the effect on such licenses or system performance is acceptable to Customer. Customer further acknowledges that these Services cannot guarantee that additional spyware and viruses will not return to or appear on a Customer’s system after Services have been rendered.
Third Party Software: If the Customer and technician agree that a third-party tool would be useful to resolve an issue, the Customer will have to personally enter into any license agreements with such third-party. All use of third-party tools is the sole responsibility of the Customer. Under no circumstances will the RESOLV agent enter into a third party license agreement on the Customer’s behalf or be liable for the use of such third-party software.
Copying of Files: RESOLV is not permitted by law to copy pirated or copyrighted materials. Customer acknowledges that Customer owns the copyright or has a license to make copies to all of the files on their system and that Customer does not have any files on their system which would cause RESOLV to be liable for copyright infringement if those files were copied by RESOLV as part of the Services, including but not limited to, music files, motion picture files or photographic files that are subject to copyright restrictions. Customer accepts responsibility for, and agrees to indemnify and hold RESOLV harmless from, any and all liability, damages, claims or proceedings arising out of Customer’s failure to remove any such files from their system prior to calling RESOLV for Services.
Complete a backup of all existing data and programs on affected Systems It is solely the Customer’s responsibility to complete a backup of all existing data, software, and programs on affected supported products before receiving Services (including telephone support). As per the Limitation of Liability section below, RESOLV IS NOT RESPONSIBLE FOR LOSS OF OR RECOVERY OF DATA, PROGRAMS OR LOSS OF USE OF SYSTEM(S) OR NETWORK(S). CUSTOMER UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL RESOLV BE RESPONSIBLE FOR ANY LOSS OF SOFTWARE, PROGRAMS OR DATA – EVEN IF TECHNICIANS HAVE ATTEMPTED TO ASSIST CUSTOMER WITH THEIR BACKUP, RECOVERY, OR SIMILAR SERVICES. ANY SUCH ASSISTANCE IS BEYOND THE SCOPE OF ANY RESOLV WARRANTY AND THIS SERVICE DESCRIPTION; THIS ASSISTANCE IS PROVIDED IN RESOLV’S SOLE DISCRETION AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND. NEITHER DOES RESOLV PROVIDE ANY GUARANTEE OR WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD PARTY PRODUCT THAT A TECHNICIAN MAY USE IN ASSISTING CUSTOMER.
Termination: The term of this Service Agreement will commence upon the date of purchase of your RESOLV software (regardless of whether or when you activate or begin using your account) and will continue until the earliest of (a) the Customer cancels the Service or the Customer’s subscription to the Service expires, (b) the date upon which RESOLV provides notice to you of termination of this Agreement for RESOLV’s convenience, and (c) non-payment or your violation or breach of any terms or conditions of this Agreement (the "Term"). Upon the expiration or termination of this Agreement the rights granted to you under this Agreement with respect to the Service will immediately terminate. Use of the Service constitutes acceptance of the Agreement.
Returns and Refunds: Upon activation of the Customer’s account, no subscription may be returned and all charges associated with the subscription become nonrefundable (except as otherwise required by law).
Commercially Reasonable Limits to Scope of Service: In the course of providing the Services, RESOLV may determine that the issue is beyond the scope of the Service. RESOLV may use commercially reasonable efforts to refer Customer to the appropriate alternative resource; however, RESOLV will not transfer Customer directly to an alternate resource. Customer acknowledges that despite RESOLV’s efforts, RESOLV may not be able to resolve Customer’s issue and in the event of same, Customer’s sole recourse is to request a refund from RESOLV.
Content: You are solely responsible for all content and account information that you transmit, store, view, restore or share through the Service (including the Backup Service, if included with your contract). You agree that your use of the Service will fully comply with all applicable laws, rules and regulations and that it will also comply with all regulations, policies and procedures of networks through which you access and use the Service. Without limiting the generality of these requirements, you agree that you will not use the Service to:
You further agree that you will not:
• Create any links, whether on a web page, in an e-mail or otherwise, that direct anyone to any part of your account or interfere with the servers or networks connected to the Service. RESOLV does not control the content of any customer’s system and does not have any obligation to monitor or review content for any purpose. Notwithstanding the foregoing, if RESOLV reasonably suspects that an account is being used for storage or distribution of any content that violates these terms and conditions, RESOLV reserves the right, in its sole discretion and subject to applicable law, to terminate your account, and/or, if applicable, notify the appropriate authorities, without prior notice to you.
Cooperation with Law Enforcement: Agents may refuse to assist the Customer with sexually explicit, unlawful, offensive, hateful, gratuitously violent content or any other reasonably objectionable material. In addition, RESOLV may be required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of applicable law, including without limitation, child pornography laws. You acknowledge and agree that RESOLV may proactively report any such information, including the identity of users, account information, images and other facts to law enforcement personnel, government officials and/ or a third party as RESOLV believes reasonably necessary or appropriate, as determined by RESOLV in its reasonable discretion, to meet its legal obligations or protect the rights, property or safety of its employees, other users or third parties. Customers are prohibited from violating or attempting to violate the security of RESOLV, or the Service. Violations of system or network security may result in civil or criminal liability. RESOLV will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.
Fair Use: It is important that the Customer be able to contact us with any issue which is covered under the Service Description. However, RESOLV has recognized that a very small percentage of customers may utilize this Service in an abusive and/or illegal and/or fraudulent manner. RESOLV may limit or terminate these users’ access to the Service at any time upon ten (10) day written notice to the address on file for such customer. The goal of this policy is to ensure all customers have equitable access to the Services. Abusive/Illegal/Fraudulent users: RESOLV reserves the right to limit or terminate the Services for any Customer who is:
a. Fraudulently using the service
b. Using the service illegally or for illegal purposes
c. Engaged in reselling the Service for their own commercial concern
d. Using the service broadly, for computers other than those listed in the Customer’s account
e. Using the service in lewd, illicit and/or explicit purposes
f. Found to be habitually aggressive, threatening or uses foul language regularly in their interactions with agents, techs and management of the Service.
g. Found to be engaged in any other material misuse of the Service not specifically covered above.
NO WARRANTIES; LIMITED LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT GIVEN THE NATURE OF THE SERVICE, THESE SERVICES ARE PROVIDED “AS IS” AND RESOLV MAKES NO WARRANTIES REGARDING THE SERVICE OR THE RESULTS OF THE SERVICE. RESOLV IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. RESOLV EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT. RESOLV DOES NOT WARRANT THIRD PARTY PRODUCTS. RESOLV IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. NEITHER RESOLV NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED IN USING THE SERVICE. IN NO EVENT WILL RESOLV OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE OR YOUR PARTICIPATION IN THE SERVICE (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER RESOLV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES, RESOLV IS NOT LIABLE OR RESPONSIBLE, FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE SERVICES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Third-party software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. Customer should consult the applicable product documentation for specific warranty information.
Governing Law THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RESOLV arising from or relating to this Service Description, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Service Description, RESOLV's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF CALIFORNIA, USA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.