This Agreement is between you as our Subscriber and Verizon Online LLC (or its affiliates listed in Section 19) ("Verizon") and sets forth the terms and conditions under which you agree to use and we agree to provide Verizon Premium Technical Support Service (the "Service") provided by or on behalf of Verizon. THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
SERVICE DESCRIPTION AND SCOPE OF SUPPORT. The Service is intended to address networking issues outside the supported scope of Verizon's standard technical support. The Service includes (a) configuration troubleshooting; (b) evaluation of and attempts to correct software, operating systems and networking issues; (c) virus and spyware support; and (d) software and peripherals support for network, video and sound cards, memory, hard drives, CD and DVD readers and writers, printers, scanners and networking equipment. The Service is currently offered in English and Spanish only.
REVISIONS TO THIS AGREEMENT. From time to time, we may make revisions to this Agreement and the policies relating to the Service. Notice by Verizon to you shall be deemed given when (a) transmitted to your primary verizon.net email address; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the Announcements section of the Website. You agree that it is your responsibility to visit the Website Announcements section periodically to review any such revisions. Changes to this Agreement shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.
AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES. If you are an individual, you acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement.. You agree to promptly notify Verizon whenever your personal or billing information changes. You agree to comply with all applicable laws, regulations and rules regarding your use of the Service and to only use the Service within the United States (unless otherwise permitted by this Agreement).
CHANGES TO SERVICE OR FEATURES. Verizon reserves the right to change any of the features or applications offered as part of the Service at any time with or without notice to you. You understand and agree that, unless explicitly stated otherwise, any new features offered through or on the Service, including changes and enhancements to existing features, shall be subject to this Agreement.
LIMITATIONS OF THE SERVICE.
7.1 The Service does not support all software, hardware or Internet-related products, applications or features and we reserve the right to defer support issues to your equipment or software vendor. The Service does not include training on hardware or software use.
7.2 The Service is not intended to replace the more advanced technical support that may be available from hardware or software manufacturers.
7.3 The Service is for incident-specific troubleshooting and problem resolution, and specifically excludes: i) computer programming; ii) software development; iii) warranty repairs or product replacement; iv) support for Windows® 95 and earlier versions of Windows; v) support for Mac operating systems earlier than OS X; vi) problems or issues arising out of any impermissible or unauthorized use or modification of a product; or vii) upgrades of firmware, software, operating systems, or applications. Use of the Service does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications.
7.4 In some cases, we may not be able to diagnose or resolve a problem because of complications with your computer or its configuration. The Service is offered as a "best efforts" service and without warranty except as specifically set forth in this Agreement. We reserve the right to refuse to troubleshoot software not on our list of supported products.
7.5 You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that we may not have the ability to obtain the information necessary to resolve a specific technical problem.
7.6 If you purchase the Thirty (30) Minute Premium Technical Support Service ("30 Minute PTS"), the Service is non-refundable. 30 Minute PTS has a maximum duration of thirty (30) minutes and must be used within twenty-four (24) hours from purchase; and you must be a subscriber to Verizon High Speed Internet Service or Verizon FiOS Internet service.
8.1 In order for us to provide the Service, you must first confirm that you have: a) full access (including any required licenses) to the related hardware and/or software; and (b) have completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted. Verizon is not responsible for the loss, corruption or alteration of data, software or files that may result from our provision of the Service. You also acknowledge and agree that you are the owner or authorized user of any hardware or software about which you are contacting us. The Service is only available to you and those residing at your location; the Service is not transferrable.
8.2 You agree to cooperate with and follow instructions provided by Verizon and acknowledge that such cooperation by you is essential to our delivery of the Service to you.
8.3 You hereby grant Verizon permission to view, access and modify your computer (including registry and settings and any related software or peripheral equipment (including all data, hardware and software components)) in order to perform the Service.
8.4 You are solely responsible for any and all restoration and reconstruction of lost or altered files, data, or programs that may occur in the course of performing the Service, and for ensuring that any information or data disclosed to Verizon is not confidential or proprietary to you or any third party.
9.1 Purchase Terms. The Service can be purchased either: (a) for an unlimited number of Incidents (as defined in Section 9.2 below) for a term beginning on the date you order the Service and continuing for the duration of the plan you selected ("Term Plan"); (b) on a per-Incident basis (the "Per-Incident Service Plan"); or (c) 30 Minute PTS referenced in Section 7.6 above. However, the Per-Incident Service Plan will address a single Incident which may include follow-up calls, as reasonable and necessary, regarding the Incident. Once an Incident is resolved (as set forth in Section 9.3, below), you may call back and obtain assistance on the same Incident for up to seventy-two (72) hours at no additional charge, after which the Incident will be considered closed. Once an Incident has been closed by Verizon, any further calls or requests for assistance will be considered a new Incident and additional fees will apply.
9.2 "Incident" means a specific, discrete problem for which Verizon will attempt to isolate its origin to a single cause. Verizon, in its sole discretion, will determine what constitutes an Incident.
9.3 An Incident will be considered resolved when you receive one of the following: (a) information or advice that resolves the Incident; (b) information on how to obtain a software solution that will resolve the Incident; (c) notice that the Incident is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Incident can be resolved by upgrading to a newer release of a product; (e) notice that the Incident has been identified as a hardware equipment issue; or (f) if you cannot, or elect not to, pursue the course of action we recommend.
9.4 Our advice to you may include steps that you will need to take, at your own expense, before the Incident can be resolved, such as buying cables or cords and acquiring software. We will keep your service request open for a reasonable time period for future reference when you are ready to resume the process.
THIRD PARTY WARRANTIES. Third-party equipment, software and peripheral products may be covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. In addition, you acknowledge that certain third party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is your responsibility to ensure that any impact that Verizon's delivery of the Service might have on third party warranties is acceptable to you and you assume the risk of any and all such adverse impact on any third party warranties.
CUSTOMER SPECIFIC SERVICE. The Service is only available to you and to persons you authorize in your home or office. In either case, the terms of this Agreement will apply to the Service we perform.
LIMITATION OF LIABILITY. VERIZON'S TOTAL LIABILITY ARISING OUT OF THE SERVICE, OR FROM VERIZON'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE LIMITED, AT VERIZON'S SOLE DISCRETION AND OPTION, (A) TO REPERFORMING THE SERVICE, OR (B) AS SET FORTH IN SECTION 15 BELOW; EXCEPT THAT, IN THE CASE OF PER-INCIDENT SERVICE PLANS, YOUR REMEDIES WILL BE LIMITED TO A REFUND OF THE CHARGES AND FEES PAID FOR THE SERVICE GIVING RISE TO THE CLAIM, IF ANY. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE.
PRICING, CHANGES TO SERVICE PLANS AND PAYMENT.
13.1 Prices and Fees; Billing. You agree to pay the fees and charges applicable to the Service including but not limited to applicable taxes. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds. If applicable, monthly recurring charges will be billed one month in advance. Per-Incident charges will be billed in arrears, if applicable. Based on your election and subject to our approval, Verizon or its agent will bill your credit card or local Verizon telephone bill (where available). IF YOU ELECT TO BE BILLED ON YOUR VERIZON PHONE BILL, BY USING THE SERVICES YOU AGREE TO HAVE ALL SERVICE CHARGES INCLUDED ON YOUR PHONE BILL. Billing for the Service will begin upon submission of your order, unless otherwise noted. We may, at our election, waive any fees or charges. Increases to the monthly price of the Service shall be effective thirty (30) days after we provide notice to you.
13.2 Early Termination Fee. IF YOU PURCHASE THE SERVICE UNDER A TERM PLAN AND YOUR SERVICE IS TERMINATED BY YOU (OR BY US IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM THEN UPON TERMINATION OF YOUR SERVICE, YOU AGREE TO PAY VERIZON AN EARLY TERMINATION FEE IN THE AMOUNT SET FORTH IN THE PLAN YOU HAVE CHOSEN.
13.3 Discontinuation of Service for Nonpayment. We may discontinue your Service without notice if Service charges on your telephone bill or charge card are refused for any reason, or if you fail to make payment when due or to provide us with a new charge card expiration date before the existing date expires. Discontinuation of the Service does not release you of liability for prior services rendered.
13.4 Late Fees. If any portion of your bill is not paid by the due date, Verizon may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. If your charges are billed by your Verizon local carrier, the late fee will be equal to the late payment charge that the local exchange carrier applies. Otherwise, the late fee will be the lesser of 1.5 % per month, or the highest rate permitted by law. If Verizon uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys' fees.
TERM AND TERMINATION. 14.1 Effective Date and Term. This Agreement shall be effective upon your use of the Service and shall continue until terminated by either party as permitted by the Agreement. We reserve the right to terminate the Service (or any part thereof) in the event we cease to offer the Service. If we cease offering the Service (or any part thereof), we will give you at least thirty (30) calendar days advance notice via electronic mail sent to the email address you provide.
14.2 Termination of Service.
14.2.1 Either you or Verizon may terminate this Agreement without cause by giving notice to the other in accordance with the notice provision set forth at Section 17 below. Termination by you will be effective upon your notice to Verizon. Termination by Verizon shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by Verizon, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination and any applicable early termination fee.
14.2.2 Termination and/or Suspension by Verizon. Without prejudice to any other rights that Verizon may have, Verizon reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Service or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event of termination by Verizon, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination and any applicable early termination fee.
14.3 Terminated Account. Verizon, in its sole discretion, may refuse to accept your application for the Service following a termination or suspension of your use of the Service.
14.4 Regulatory Compliance. In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes Verizon to believe that this Agreement may be in conflict with such rules, regulations, and orders, Verizon may terminate or modify the Service and/or this Agreement immediately without notice.
WARRANTIES AND LIMITATION OF LIABILITY.
15.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITH ALL FAULTS EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY VERIZON (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), VERIZON (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "VERIZON PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
15.2 VERIZON DOES NOT WARRANT THAT THE SERVICE PROVIDED BY VERIZON WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS OR THE LIKE. VERIZON SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
15.3 IN NO EVENT SHALL THE VERIZON PARTIES OR VERIZON'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
15.4 THE LIABILITY OF THE VERIZON PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO VERIZON FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
15.5 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 15 ALSO APPLY TO VERIZON'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT WHO ARE CAPABLE OF ENFORCING THE TERMS OF THIS AGREEMENT INDEPENDENTLY FROM VERIZON.
15.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Verizon Parties from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; and (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property.
17.1 Notices required under this Agreement by you must be provided to us at P.O. Box 11328, St Petersburg, FL 33733, Attention: Customer Service, in the manner set forth in the Contact Us section of the Website. Notice by Verizon to you (including notice of revisions to this Agreement under Section 3) shall be deemed given when (a) transmitted to your primary verizon.net email address; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the Announcements section of the Website.
17.2 With regard to electronic communications, you and Verizon further agree that the User ID and/or alias of a sender contained in an email, is legally sufficient to verify the sender's identity and the authenticity of the communication.
18.1 All obligations of the parties under this Agreement which by their nature would continue beyond the termination of this Agreement, including without limitation those relating to Limitation of Liability and Indemnification, shall survive such termination.
18.2 Verizon will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
18.3 You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
18.4 Except as otherwise required by law, you and Verizon agree that the substantive laws of the Commonwealth of Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Virginia laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
18.5 Verizon's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
18.6 This Agreement, including all policies referred to herein and posted on the Website, constitutes the entire agreement between you and Verizon with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at Verizon.
Verizon Affiliates. Services in Maryland are provided by Verizon Online - Maryland LLC. Services in Pennsylvania are provided by Verizon Online Pennsylvania Partnership.