Gurumypc.com - Guru Services Terms and Conditions
(a) General Services: Gurumypc.com will attempt to diagnosis your problem, provide an estimate of applicable service fees (plus applicable taxes), and then provide you with a solution via the Internet, On Location, or via Drop-Off Service as requested. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.
(b) Live On-Line Remote Support Services: Remote support services may be offered to you via the Internet if your computer was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Microsoft Windows 95 or newer, MAC OSX, SUSE, Red Hat, Fedora, Ubuntu, Windows Mobile, or BlackBerry. (OS other than Windows may require additional time to locate a qualified Guru.) If you elect to receive remote support, then a Gurumypc.com 'Guru' remotely logs on through your high-speed Internet connection to view your computer desktop in contact with you via a chat session to keep you fully briefed on every step of the process as your problem is resolved. Remote support may involve the installation of software on your computer that will allow Gurumypc.com 'Guru' to provide the remote support services. By electing to receive remote support, you agree to allow the Gurumypc.com 'Guru' to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text or PDF file placed on your computer that will explain the work that was done on your computer. If such a text or PDF file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. A SWF video of the support session may be placed on your computer if you request it.
(d) Your Responsibility: You understand and agree that prior to contacting or allowing Gurumypc.com to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Gurumypc.com shall not be responsible under any circumstance for any loss or corruption of data and/or software.
SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: GURUMYPC.COM RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED SERVICES AND OR REMOTE SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY GURUMYPC.COM.
(b) FORCE MAJEURE: If Gurumypc.com's ability to render remote services is impaired by you or circumstances beyond the control of Gurumypc.com, Gurumypc.com may choose not to provide or to discontinue remote services.
(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that Gurumypc.com's total liability for damages related to its services and or remote services is limited to the total amount you pay for the services and or remote services, and you release Gurumypc.com, its gurus, owners, partners, and affiliates from liability for any indirect, incidental, special, or consequential damages. GURUMYPC.COM IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.
If you are not satisfied with the services and or remote services received from Gurumypc.com please contact firstname.lastname@example.org
for resolution. We warrant our services and or remote services for 30 days following the date you received service; however, for repairs necessitated by a virus or spyware, the service warranty is valid only if the anti-virus and anti-spyware protection for your product is installed or updated during the repair. If there is a problem with the service provided by Gurumypc.com and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost.
Ereck Ladd, d/b/a Gurumypc.com, 536 Chimney Rock Road, Russellville, AR 72802. Contact Gurumypc.com at 1-877-805-GURU (4878)
LAST UPDATED: February 22, 2010
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 (“Guru”) share a support session, we may record e-Support exchanges (including chat, e-mail and other communications during desktop sharing sessions), 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.)
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.
Emailing Via a gurumypc.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 Gurumypc.com 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.
Identity theft and the practice currently known as “phishing” are of great concern to Gurumypc.com. 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 Gurumypc.com. Proving your Personal Information and any other data through the Site or to Gurumypc.com is voluntary and should correlate with the degree of interaction you want to have with other Site Users and Gurumypc.com.
- Customers - When you as a Customer receive services through the Site, depending on the services you request, the Guru 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 Guru access to your computer over a network in addition to access to whatever documents, files and/or applications are accessible through your computer and current user privileges. You may also provide other diagnostic information to partake of services. Guru's will only see your user account profile during a support session.
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.
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
Gurumypc.com 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 Gurumypc.com 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.
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.
Gurumypc.com 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.
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 18. 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 E-Ticket Form. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.
Effective February 22nd 2010
Gurumypc.com Terms and Conditions
This Customer Service Agreement (“Agreement
”) is a legal agreement between you (“Customer
”) and Gurumypc.com. (“gurumypc
”). Your access to the Site (defined below) and technical support service providers who are accessible though the Site (“Gurus
”) is governed only by the policies, terms and conditions below. For convenience, we refer to the gurumypc.com website and any content therein provided by Gurumypc.com as the “Site
”, we refer to any desktop sharing session or other communications you have via the Internet, chat, or e-mail related to your gurumypc account with the Gurus as
” and we refer to any technical support services you may receive from an Guru related to your gurumypc account or the Site, (including e-Support, drop off service, and on-location visits) and their listings on the Site as “Guru Services
This Agreement limits Gurumypc.com's liability and obligations to you and allows Gurumypc.com to change, suspend or terminate your access to and use of the Site, e-Support, your gurumypc account and Guru 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 OF GURU SERVICES, YOUR GURUMYPC ACCOUNT OR BY HAVING ANY FORM OF COMMUNICATION WITH A GURU, 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 ANY OF GURU SERVICES.
- Eligibility; Limitations on Service
The Site and the Guru Services are only available to persons who are at least eighteen (18) years old (an “Adult”). Gurumypc.com acts only as an interface to facilitate communications between Gurus and Customers and to collect Fees (defined below) from Customers on behalf of Gurus, and Gurumypc.com is not a party to any relationship or separate agreement entered into between Customers and Gurus and disclaims any and all liability relating thereto. Gurus are not employees of Gurumypc.com. Furthermore any un-authorized communication between a Guru and a Customer will render immediate void of any and all warranties both written or implied and releases Gurumypc.com and the Site "gurumypc.com" from any and all liability. Any Gurus who attempt to contact any customer outside of authorized communication methods should be reported immediately to Gurumypc.com through gurumypc.com or by calling 1-877-805-GURU (4878) and any such Guru will be refused future opportunity through Gurumypc.com and the Site. Authorized communication is limited to the following: i. Contact phone numbers listed on gurumypc.com. ii. E-Ticket Submissions. iii. E-mail containing domain name 'gurumypc.com' (i.e. email@example.com, but not firstname.lastname@example.org.) iv. Chat communication via Gurumypc.com chat box during a live support session "E-Support" (but not through 3rd party chat i.e. MSN, ICQ, YAHOO MSNGR, ECT.) GURUMYPC.COM MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE SITE AND THE GURU 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 GURUMYPC.COM AS DETERMINED BY GURUMYPC.COM IN ITS SOLE DISCRETION.
- Desktop Sharing Services
A Guru may request that a desktop sharing session be initiated in order to provide Guru Services to you. To engage in a desktop sharing session you will have to: (i) run the Gurumypc.com desktop sharing AdHoc. In some instances download and installation of “the Gurumypc.com Connection Software” may be required subject to the terms and conditions of the Gurumypc.com License Agreement; and (ii) provide the Guru access to your computer using Gurumypc.com servers, software, and appliances. You must agree to allow access to your computer to enable the Guru to provide you the Guru Services. If you do not, the Guru will not be able to provide you with the Gurumypc.com Service in question. THE GURUMYPC.COM CONNECTION SOFTWARE IS NOT SPYWARE, ADWARE OR MALWARE. IF YOU RUN THE ADHOC, OR DOWNLOAD, INSTALL OR USE THE GURUMYPC.COM CONNECTION SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE GURUMYPC.COM CONNECTION SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF, SOLELY TO PARTAKE OF AND ENJOY THE GURU SERVICES REQUESTED BY YOU.
- On-Location or Drop Off Services
After an initial e-Support service session with a Guru, you and a Guru may agree to have an On-Location or Drop Off Service scheduled to address your service needs. For On-Location Services, an Adult must be present during the entire period the Guru Services are provided. If an Adult is not present when the Guru arrives to the designated address, the provision of the Guru Services may be denied and a cancellation fee may apply. The amount of this cancellation fee is 20% of the estimated cost of services to be performed.
- Minimum System Requirements for the Guru Services
To partake of the Guru Services you must have a validly licensed and working personal computer meeting the minimum requirements described below:
- Internet Explorer version 6 or higher, or FireFox 2.0 or higher;
- All peripherals must be in good working condition and spyware free;
- Windows 95 operating system or newer, Mac OSX, SUSE, Red Hat, Fedora, Ubuntu, Windows Mobile, or BlackBerry.
- Gurumypc.com Accounts and Use of the Site
- When you register with Gurumypc.com and set up your account, you must:
- provide Gurumypc.com 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
- You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information if applicable. 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 Gurumypc.com account, whether or not you have authorized such activities or actions. You agree to notify Gurumypc.com of any unauthorized use of your Gurumypc.com 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 Gurumypc.com 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.
- You agree that you will not permit, enable, introduce or facilitate
- persons who do not have a Gurumypc.com account to have access to or use any of the Guru Services; and/or
- other Customers to use a specific Gurumypc.com Service through your Gurumypc.com account, including but not limited to use at the same time that you are doing so.
- Transaction Fees and Billing
The Gurumypc.com Payment Policy is available on the Site, and is incorporated into this Agreement by reference. http://www.gurumypc.com/payment
- Termination or Suspension of the Site & Modification of the this Agreement
- Gurumypc.com 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 make availablenotice of the new terms on the site at this location. 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 of the Guru Services. Your use of the Site or any of the Guru Services after we have made available such notice will represent your acceptance of the new terms.
- Without limiting other remedies, Gurumypc.com may at any time suspend or terminate your Gurumypc.com account and refuse to provide access to the Site or the Guru Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by Gurumypc.com. In addition, Gurumypc.com may notify your bank and/or authorities or take any actions it deems appropriate without notice to you:
- if Gurumypc.com suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by Gurumypc.com;
- if The Gurumypc.com is unable to verify or authenticate any billing or payment information you provide to Gurumypc.com; or
- if Gurumypc.com suspects that your actions may be illegal or cause liability, harm or disruption for you, our Gurus, Gurumypc.com, other Customers, the Site or any other third parties.
- You may cancel your Gurumypc.com account at anytime for any reason. To request a cancellation, please fill out an E-ticket and type "Close my account" as your "Additional Comments" per the instructions on the form. Any account cancellation request will be handled within fifteen (15) days of receipt of such a request by Gurumypc.com. Note that you may be contacted by a resolution specialist to determine if any service is still owed to you, and to clarify your intent. Upon termination or cancellation of an account, your right to use such account and any Gurumypc.com Services ceases immediately.
- Any suspension, termination or cancellation will not affect your obligation to pay any amounts that are due to Gurus or any of your other obligations to Gurumypc.com 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.
- Interaction with Gurus and Use of the Guru Services
- Although the Guru listings may contain verified credentials, the verification services are provided to Gurumypc.com by third parties and Gurumypc.com does not refer, endorse, recommend, or guarantee any Gurumypc.com Services provided by Gurus, any specific Guru or any Guru’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by Gurumypc.com. Gurumypc.com acts as a technology service that facilitates the sharing of technical support services between Gurus and Customers and does not make editorial or managerial decisions concerning a Guru’s listing, nor will Gurumypc.com be held responsible for any Guru’s failure to comply with laws or regulations concerning the content of their listings. Gurumypc.com is not responsible for the use or exchange of any information, files or goods between Gurus and Customers. Further, Gurumypc.com 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 Gurus or Customers, including without limitation, any information contained in Guru listings, Gurumypc.com Services provided, comments made by Customers or other information made available through the Site. Gurumypc.com assumes no responsibility for monitoring any Customer feedback or otherwise policing its users in any way.
- You are solely responsible for your interactions with Gurus and will exercise caution, discretion, common sense and judgment in, using the Site or Guru Services and disclosing personal information to Gurus and Gurumypc.com. You agree to take reasonable precautions in all interactions with Gurus, particularly if you decide to meet with a Guru in person. Your use of the Site and Guru Services is at your sole risk and discretion and Gurumypc.com hereby disclaims any and all liability to you or any third party relating thereto.
- Gurumypc.com 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 Guru has violated the law or is defrauding, threatening or endangering anyone, Gurumypc.com urges you to immediately contact the police directly for help.
- Additional Customer Obligations
The Site and Guru 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 Guru Services. In addition, without limitation, you agree to comply with the following:
- You are solely responsible for all equipment necessary to access and use the Site and Guru Services. You understand and agree that prior to your use of any Guru Services it is your responsibility to back-up the data, software, information or other files stored on your computer, its disks and drives. Gurumypc.com will not be responsible under any circumstances for any loss or corruption of data and software.
- You will not record or otherwise store any Guru Service sessions that you receive through the Site or those that are related to your Gurumypc.com account. Gurumypc.com may however record these sessions, in compliance with applicable law.
- You will not use the Site or Guru 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
- interrupt, destroy or limit the functionality of any computer software; or
- interfere with the access of any Customer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.
- You will not use the Site or Guru Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of Gurumypc.com and you will cooperate fully with Gurumypc.com to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized Gurumypc.com representatives access to any password-protected portions of your Gurumypc.com account.
- Except for On-Location Services you will conduct all for-fee communications that you have with Gurus only through the Site and e-mails from Gurus must be from the 'gurumypc.com' domain (i.e. email@example.com). You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise.
- 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 Guru Services.
- You will not use the Site or Guru Services in any manner that harasses a Guru or another Customer or could interfere with any other party’s use or enjoyment of the Site and Guru Services. You will respect the privacy of others and not use the Site or Guru Services for unwelcome, rude or abusive communications or in any other manner as determined by Gurumypc.com in its sole discretion.
- You will not attempt to gain unauthorized access to any Gurumypc.com 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.
- You will not "frame," "mirror" or otherwise copy any portion of the Site.
- You will not use the Site or Guru 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.
- You will not use the Site or Guru 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.
- 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 a Guru fails to perform some action that is outside the scope of the services described in his or her Guru listing, or for another untruthful or malicious reason.
- You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Guru services.
- You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and Gurumypc.com policies.
- Customer Comments & Feedback
- Customer Comments
At the end of each session with a Guru, you have the opportunity to leave feedback and make comments about your experience with the Gurus with whom you have interacted (“Customer Comments”) by filling out the customer comment form provided to you at the end of a session. Gurumypc.com 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. Gurumypc.com does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto. Notwithstanding the foregoing, Gurumypc.com 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.
We invite you to provide Gurumypc.com with feedback, comments and suggestions for improvements to the Site and Guru Services (collectively, “Feedback”). You may submit Feedback by filing out an E-ticket made available on the Site. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of Gurumypc.com. You hereby assign to Gurumypc.com and agree to assign to Gurumypc.com all of your right, title and interest in and to all Customer Comments and Feedback, including all intellectual property rights therein. At Gurumypc.com's request and expense, you will execute documents and take such further acts as Gurumypc.com may reasonably request to assist Gurumypc.com to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.
- Proprietary Rights and Ownership
Gurumypc.com and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Gurumypc.com technology and the trademarks, service marks and logos contained therein (“Gurumypc.com Properties”). Gurumypc.com reserves all rights in the Gurumypc.com Properties not expressly granted to you in this Agreement.
Gurumypc.com and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. Please direct requests in writing to: Gurumypc.com
Contact us using at firstname.lastname@example.org.
Confidential Information ” means:
- Any Feedback that you provide to Gurumypc.com; and
- Any Gurumypc.com business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to Gurumypc.com plans, business opportunities or research and development. Confidential Information excludes any information that:
- is or becomes generally known to the public other than as a result of your breach of this Agreement e;
- is rightfully known to you at the time of disclosure without restrictions on use or disclosure;
- is independently developed by you, without access to or use of any Confidential Information; or
- 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.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GURUMYPC.COM, AND ITS EMPLOYEES, SUBSIDIARIES, GURUS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR GURU SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF GURUMYPC.COM) 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, GURUMYPC.COM WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
- Warranties and Disclaimer
AS BETWEEN YOU AND GURUMYPC.COM, THE SITE AND ANY GURU SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. GURUMYPC.COM AND SUPPLIERS TO GURUMYPC.COM EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, GURU SERVICES AND ALL COMMUNICATIONS BETWEEN GURUS AND CUSTOMERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Gurumypc.com 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.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WILL GURUMYPC.COM OR SUPPLIERS TO GURUMYPC.COM 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 GURU 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 GURU SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH A GURU IN PERSON, WHETHER OR NOT GURUMYPC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GURUMYPC.COM AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND GURU SERVICES PROVIDED TO YOU WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY GURUMYPC.COM UNDER THIS AGREEMENT (AFTER PAYMENTS TO GURUS AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. GURUMYPC.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF GURU 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.
- Copyrighted Materials: No Unauthorized Use
You will not use the Site or Guru 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. Gurumypc.com 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.
- Force Majeure
Gurumypc.com 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 nature, 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 Gurumypc.com infrastructure or connectivity to the Internet or failure at a Gurumypc.com co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Gurumypc.com will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
- Notice; Consent to Electronic Notice
You consent to the use of:
Any notice or other communication to be given hereunder will be in writing and given:
- Electronic means to complete this Agreement, to use the Site and Guru Services and to deliver to you any notices pursuant to this Agreement, and
- Electronic records to store information related to this Agreement or your use of the Site and Guru Services.
- By Gurumypc.com via email (in each case to the address that you provide).
- By Gurumypc.com via a posting on the Site or
- By you via our E-ticket or to addresses as Gurumypc.com 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 Guru Services by sending a written request to Gurumypc.com email@example.com or by clicking the print or e-mail links below.
- Links to other Websites
The Site may provide links to websites other than gurumypc.com. Such links are provided for reference only, and Gurumypc.com neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
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 Gurumypc.com and any prohibited assignment will be null and void. Gurumypc.com 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 Guru, employee, or joint venturer of the other. This Agreement will be governed by and interpreted in accordance with the laws of the State of Arkansas 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 Pope County Arkansas 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 Gurumypc.com's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Gurumypc.com. This Agreement together with the rules and policies of Gurumypc.com constitutes the entire agreement between Gurumypc.com and you with respect to the subject matter hereof.
Last Modified: February 22nd, 2010