Terms And Conditions
IMPORTANT: READ THIS END USER AGREEMENT CAREFULLY.
BY CLICKING THE “AGREE / ACCEPT” OPTION AND BY ACCESSING OR USING THE SERVICES,
YOU AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND LIMITATIONS OF THIS
AGREEMENT AND ACKNOWLEDGE THAT LIVE SUPPORT PC (AS DEFINED BELOW) MAY COLLECT
CERTAIN PERSONALLY IDENTIFIABLE INFORMATION AND OTHER TECHNICAL INFORMATION
RELATED TO YOUR ACCESS AND USE OF THE SERVICES (AS DEFINED BELOW).
YOU REPRESENT AND WARRANT THAT YOU HAVE FULL RIGHT AND
AUTHORITY AS TO ALL COMPUTERS AND EQUIPMENT TO BE PROVIDED SERVICES UNDER THIS
AGREEMENT AND CONSENT TO AND AGREE TO BE LIABLE FOR THE SERVICES PROVIDED BY
LIVE SUPPORT PC AND AUTHORIZE THOSE ACTIVITIES.
IF YOU DO NOT AGREE TO ALL OF THE TERMS, CONDITIONS, AND LIMITATIONS OF THIS
AGREEMENT, CLICK “DISAGREE / DECLINE” AND DO NOT ACCESS OR USE THE SERVICES. IF
YOU CLICK “AGREE / ACCEPT”, IT IS UNDERSTOOD THAT YOU HAVE AGREED THAT YOU, YOUR
EMPLOYER, AND THE OWNER OF THE COMPUTER ON WHICH THE SERVICES ARE ACCESSED,
USED, OR PROVIDED ALL ACCEPT THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ABIDE
BY ALL OF THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT.
END USER AGREEMENT
1. Definitions.
“Agreement” means this End User Agreement.
“Customer,” or “you” means the person or entity that subscribes to or purchases and uses the Services and anyone who accesses the Services, Software or Equipment provided as a result thereof.
“Service(s)” means any services you have agreed to obtain
from Live Support Pc. For ease of reference, Software and Equipment provided by
Live Support Pc in connection with the Services shall be referred to in this
document collectively as “Services.” “Software” refers to any software we
install on any Customer-owned or controlled computers or machines in connection
with the Services. Any other software, including, without limitation, any
software installed on Customer Equipment prior to Customer’s receipt of the
Services or any software installed by Live Support Pc at Customer’s request
during the performance of the Services by Live Support Pcshall be referred to as
“Customer Software.” “Equipment” means any equipment or accessories you purchase
or lease from us or those provided by us for use in any manner in connection
with your Services. Any other equipment, including, without limitation, the
equipment for which Live Support Pc performs the Services (unless such equipment
is provided by Live Support Pc as Equipment), shall be referred to as “Customer
Equipment.”
Other capitalized terms shall have the meanings given to them in this Agreement.
2. Eligibility. To be eligible to open and maintain an account or use the Services, you must be at least eighteen (18) years old.
3. Customer Responsibilities.
A. In order to open and maintain an account or purchase any Services, you must provide us with correct and up-to-date information, including, but not limited to:
1. YOUR CONTACT INFORMATION. It is your responsibility to keep your email address, phone number and physical address up-to-date so that we can communicate with you. You must update your account information with any new information within thirty (30) days of changes to such information. You understand and agree that if we send you a communication but you do not receive it because your information on file is incorrect or out of date, or your email address is blocked by your service provider, or you are otherwise unable to receive electronic communication, we will be deemed to have provided the communication to you under this Section 3 and Section 11.
2. IDENTITY VERIFICATION. You authorize Live Support Pc, directly or through third parties, to make any inquiries it considers necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer, national identification or social security number, requiring you to take steps to confirm ownership of financial instruments, ordering a credit report or verifying information against third-party databases or through other sources.
B. You are responsible for maintaining adequate security and control of any and all account IDs, passwords, personal identification numbers (PINs), or any other codes that you use in connection with the Services or the Website. 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 Live Support Pc account, whether or not you have authorized such activities or actions. Upon learning of a security breach, you will promptly notify us.
C. You agree that prior to our provision of the Services, it is your responsibility to (1) back-up the data, software, information or other files on any Customer Equipment; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media, that are not necessary for the Services, from the Customer Equipment. You agree that whether or not you request back-up services from Live Support Pc, Live Support Pc shall not 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.
D. You will cooperate fully with Live Support Pc to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized Live Support Pc representatives access to any password-protected portions of your account.
4. Payments.
a. You understand that certain service plans may have fees including, but not
limited to, a monthly fee for the Services (the “Service Fee”). You acknowledge
that depending on which of the payment plans you select, the Service Fee may be
payable on a monthly basis (a “Recurring Payment Plan”) or you may be charged on
an individual basis per Service. You may be charged an additional non-refundable
initial setup fee at the time of registration for the Services. You acknowledge
that even if you have signed up for a Recurring Payment Plan, Live Support Pc
may charge you for individual Services rendered that are, in its sole
discretion, beyond the scope of the Recurring Payment Plan you selected.
b. By adding a debit card, credit card or prepaid card as a payment method, you are providing Live Support Pc with continuous authority to automatically charge and/or place a hold on that card to obtain the relevant funds when the card is used as a payment method pursuant to this Agreement. You agree and acknowledge that, under the Recurring Payment Plan, the card you have on file will automatically be charged for a month of Services on a recurring monthly basis until notified otherwise by you. You authorize the issuer of that card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the card to pay all such amounts. You acknowledge and agree that Live Support Pc will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge and/or place holds on your card.
c. If charges cannot be processed through your card or are
rejected for insufficient funds, we reserve the right to charge you an
additional fee to initiate and process any changes to your payment method. If we
are unable to obtain a new payment method from you, the subject charges will
accrue interest in accordance with Section 4.d below.
d. Any charges not paid when due shall bear interest from the date such amounts
are due at the lesser of one and one half percent (1.5%) per month or the
maximum rate allowed by applicable law.
e. You shall be responsible for all sales, use, value added, or other taxes payable with respect to the fees payable hereunder, or arising out of or in connection with this Agreement or the Services, other than taxes on Live Support Pc’s net income or property.
5. Termination.
a. TERMINATION BY YOU. You may terminate the Services upon thirty (30) days
notice to the Live Support Pc. Upon termination of the Services, your right to
use the Services (including, without limitation, the Software and the Equipment
(unless purchased from Live Support Pc)) immediately ceases. You shall have no
rights and Live Support Pc will have no obligations regarding the Services
thereafter. Any suspension, termination or cancellation will not affect your
obligation to pay any amounts that are due to Live Support Pc or any of your
other obligations to Live Support Pc under this Agreement.
b. TERMINATION BY COMPANY. Live Support Pc, in its sole discretion, reserves the right to terminate this Agreement and/or access to the Services (including, without limitation, the Software and the Equipment (unless purchased from Live Support Pc)) without notice at any time for any reason. Further, you acknowledge that Live Support Pc’s decision to take certain actions, including limiting access to your account, the Website, or the Services, may be based on confidential criteria that is essential to our management of risk, the security of users and the Live Support Pc system. You agree that Live Support Pc is under no obligation to disclose the details of its risk management or its security procedures to you.
c. Upon the termination of this Agreement you shall immediately return any Equipment you did not purchase from Live Support Pc. If Live Support Pc has not received said Equipment within thirty (30) days of the termination of this Agreement you hereby authorize them to charge the card on file for the replacement cost of said Equipment.
6. Restricted Activities.
a. In connection with your use of the Website, the Services or in the course of
your interactions with Live Support Pc, other users, or third parties, you will
not (collectively, the “Restricted Activities”):
i. breach this Agreement or any other policy that you have agreed to with Live
Support Pc, including by not limited to the Privacy Policy available on the
Website;
ii. violate any law, statute, ordinance or regulation;
iii. infringe Live Support Pct’s or any other third party’s copyright, patent,
trademark, trade secret, intellectual property rights, or rights of publicity or
privacy;
iv. act in a manner that is defamatory, fraudulent, trade libelous, threatening
or harassing;
v. provide false, inaccurate or misleading information;
vi. refuse to cooperate in an investigation or provide confirmation of your
identity or any information you provide to Live Support Pc;
vii. use your account in a manner that Live Support Pc or any electronic fund
transfer network reasonably believes to be an abuse of the card system or a
violation of card association or network rules;
viii. take any action that imposes an unreasonable or disproportionately large
load on our infrastructure;
ix. facilitate or use the Website or the Services to facilitate any viruses,
Trojan horses, worms, or other computer programming routines that may damage,
disrupt, detrimentally interfere with, intercept or expropriate any system, data
or information, including without limitation, overloading, flooding, spamming or
mail-bombing the Website;
x. use any device, software or routine to interfere or attempt to interfere
with, monitor or copy the Website or the Services;
xi. take any action that may cause Live Support Pc to lose, or which otherwise
hinders Live Support Pc’s ability to use, the services it receives from its
internet services providers, payment processors, or other suppliers;
xii. use the Website or the Services in any manner that harasses an employee of
Live Support Pc or another customer or could interfere with any other party’s
use or enjoyment of the Website or Services;
xiii. attempt to gain unauthorized access to any Live Support Pc account
information, computer systems or networks, including but not limited to
attempting to obtain any information or materials relating to the Website
through any means not intentionally made available to you;
xiv. allow someone other than yourself to use the Services through your account;
or
xv. encourage or instruct any other individual to engage in a Restricted
Activity or to violate any term of this Agreement.
b. If Live Support Pc , in its sole discretion, believes that you may have
engaged in any Restricted Activity, it may take various actions to protect
itself, its affiliates, or other third parties. The actions Live Support Pc may
take include, but are not limited to, the following:
i. suspending or limiting your access to the Website or the Services;
ii. refusing to provide the Services (or any other services offered by Live
Support Pc) to you now or in the future; and
iii. terminating this Agreement.
7. Your Liability.
a. INDEMNIFICATION. You agree to indemnify, defend and hold Live Support Pc its
directors, partners, officers, employees and agents harmless 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) arising from or relating
to your or your employees’ or agents’: (i) breach of this Agreement, (ii) use of
the Website or Services, (iii) actual or alleged failure to promptly pay sums
due to Live Support Pc or third parties, (iv) failure to comply with applicable
laws, regulations or ordinances, and (v) negligent acts or omissions; in each
case, except to the extent caused by Live Support Pc’s or its directors’,
partners’, officers’, employees’ or agents’ negligence or willful misconduct. In
addition to the foregoing, you agree to indemnify, defend and hold Live Support
Pc its directors, partners, officers, employees and agents harmless 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) arising
from or relating to Live Support Pc’s or its directors’, partners’, officers’,
employees’ or agents’ use of the Customer Software or Customer Equipment,
including, without limitation, any claim that such use infringes or
misappropriates the intellectual property rights of any third party. You will
cooperate as fully as reasonably required in Live Support Pc’s defense of any
claim. Live Support Pc reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without the written
consent of Live Support Pc.
b. Live Support Pc may notify your bank and/or the authorities or take any
actions it deems appropriate without notice to you if (i) Live Support Pc is
unable to verify or authenticate any billing or payment information you provide
to Live Support Pc ; or (ii) Live Support Pc suspects that your actions may be
illegal or cause liability, harm or disruption to you, Live Support Pc, other
customers, the Website or any other third parties.
8. Limitation of Liability. IN NO EVENT SHALL LIVE SUPPORT PC, ITS DIRECTORS, PARTNERS, OFFICERS, AGENTS, JOINT VENTURES, EMPLOYEES, SUPPLIERS BE LIABLE FOR LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED HEREUNDER, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, EVEN IF LIVE SUPPORT PC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIVE SUPPORT PC’S LIABILITY AND THE LIABILITY OF ITS DIRECTORS, PARTNERS, OFFICERS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE SERVICE FEES INCURRED BY YOU FOR THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LIVE SUPPORT PC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY WAIVE ALL WARRANTIES OR CONDITIONS NOT EXPRESSLY SET FORTH HEREIN. LIVE SUPPORT PC MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LIVE SUPPORT PC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVE SUPPORT PC OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LIVE SUPPORT PC MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE WEBSITE, SERVICES, AND/OR SOFTWARE TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT THE LIVE SUPPORT PC INTENDED WHEN OFFERING THE SERVICES, AS DETERMINED BY LIVE SUPPORT PC.
10. Disputes.
a. If a dispute arises between you and Live Support Pc , you must first contact
Live Support Pc and describe the nature and basis of the claim or dispute as
well as the specific relief sought. You agree to allow Live Support Pc thirty
(30) days to address your concerns prior to initiating any formal action with
respect to the dispute (including, without limitation, filing suit).
b. Any claim, dispute, or controversy arising out of or relating to this
Agreement or the relationship among the parties hereto (a “Claim”) shall be
resolved by one arbitrator through binding arbitration administered by the
American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect
at the time the Claim is filed (“AAA Rules”). The arbitrator’s decision shall be
final, binding and non-appealable. Judgment upon the award may be entered and
enforced in any court having jurisdiction or application may be made for
judicial acceptance of the award and an order of enforcement. The arbitrator,
and not any federal, state, or local court, shall have exclusive authority to
resolve the Claim, including any claim that all or any part of the Agreement
(including this Arbitration provision but excluding Section 10(g)) is void or
voidable. The arbitration proceedings shall be held in Austin, Texas and shall
be subject to the terms of this Agreement, the intentions of the parties as
stated herein, international commercial practice, and the governing law of this
Agreement. No arbitration will be combined with another without the prior
written consent of the OneSupport. If Live Support Pc prevails before the
arbitrator and shows that you acted in bad faith in bringing a Claim, then Live
Support Pc may seek to recover the AAA fees and expenses of the arbitrator from
you, and you agree that the arbitrator shall be required to award such AAA fees
and expenses (to the fullest extent required by the AAA Rules).
c. Any settlement offered by Live Support Pc or accepted by you shall be
considered Confidential Information (as defined by Section 13), and as such may
not be disclosed to any person, including an arbitrator.
d. Except as otherwise explicitly agreed by the parties in Section 10(b), you
agree that any claim or dispute you may have against Live Support Pc must be
resolved by a court located in Austin, Texas. You agree to submit to the
personal jurisdiction of the courts located within Austin, Texas for the purpose
of litigating all such claims or disputes. This Agreement shall be governed in
all respects by the laws of Texas, without regard to conflict of law provisions.
e. You and Live Support Pc agree that any claim arising out of or related to the
Services must commence within one (1) year of the claim arising; otherwise, such
cause of action shall be permanently barred.
f. All claims (including “Claims” as defined in Section 10.b above) you bring
against Live Support Pc must be resolved in accordance with this Section 10 of
the Agreement. All claims filed or brought contrary to this Section 10 shall be
considered improperly filed and a breach of this Agreement. Should you file a
claim contrary to this Section 10, Live Support Pc may recover attorneys’ fees
and costs, provided that Live Support Pc has notified you in writing of the
improperly filed claim and you have failed to promptly withdraw the claim.
g. You hereby expressly agree that any claim brought by you must be brought in
your individual capacity, and not as a plaintiff or class member in any
purported class, collective, representative, multiple party or similar
proceeding (each a “Class Action”). You expressly waive any ability to maintain
a Class Action in any forum. An arbitrator shall not have authority to combine
or aggregate similar claims or conduct any Class Action or make an award to any
person or entity not a party to the arbitration. Any claim that all or part of
this Class Action Waiver is unenforceable, unconscionable, void, or voidable may
be determined only by a court of competent jurisdiction and not by an
arbitrator.
11. Notices.
a. You agree that Live Support Pc may provide you communications about the
Website and/or the Services electronically. Live Support Pc may terminate this
Agreement if you withdraw your consent to receive electronic communications. Any
electronic communications will be considered to be received by you twenty-four
(24) hours after the time we post it to the Website or email it to you. Any
notice sent to you by postal mail will be considered to be received three (3)
business days after it is sent.
12. License Grant.
a. To the extent Live Support Pc provides you with Software, Live Support Pc
grants you a revocable, non-exclusive, non-transferable license to use the
Software in accordance with any documentation provided with such Software. This
license grant includes the Software and all updates, upgrades, new versions and
replacement software for your personal use only. You may not rent, lease or
otherwise transfer your rights in the Software to a third party. You must comply
with the implementation and use requirements contained in all Live Support Pc
documentation accompanying the Software. If you do not comply with Live Support
Pc’s implementation and use requirements you will be liable for all resulting
damages suffered by you, Live Support Pc and third parties.
b. You agree not to alter, reproduce, adapt, distribute, display, publish,
reverse engineer, translate, disassemble, decompile or otherwise attempt to
create any source code which is derived from the Software. You acknowledge that
all rights, title and interest to the Software are owned by Live Support Pc.
c. Any third-party software application you use on the Website or in connection
with the Services is subject to the license you agreed to with the third party
that provides you with that software. Any such software shall be considered
“Customer Software” for the purposes of this Agreement, as Live Support Pc does
not own, control, have any responsibility or liability for, or make any
representation or warranty regarding any third-party software application you
elect to use on the Website or in connection with the Services. To the extent
Live Support Pc provides technical assistance or support for any Customer
Software or Customer Equipment, you must ensure that you comply with the terms
and conditions under which you licensed such Customer Software or purchased such
Customer Equipment. We make no representation or warranty that we are an
authorized service provider for any Customer Software or Customer Equipment; it
is your sole responsibility to determine if you require additional rights for us
to provide such support and if so, to acquire such rights. You acknowledge that
support of Customer Software or Customer Equipment by an unauthorized service
provider may void any warranty made by the supplier of such Customer Software or
Customer Equipment.
13. Confidentiality.
a. Confidential Information includes any oral or written:
i. feedback you provide to Live Support Pc;
ii. Live Support Pc business or technical information that is disclosed to you
in connection with this Agreement or the Services, including, but not limited
to, any information relating to Live Support Pc’s plans, processes, business
opportunities or research and development; and
iii. information that is designated at the time of disclosure or is designated
as confidential by Live Support Pcwithin thirty (30) days of disclosure.
Confidential Information does not include:
i. information that is or becomes a part of the public domain through no act or
omission of your own;
ii. information that was rightfully known by you, without restriction, at the
time of disclosure, and had not been obtained either directly or indirectly from
Live Support Pc; or
iii. information that you independently developed without use of or reference to
Live Support Pc’s Confidential Information.
b. You shall treat as confidential all Confidential Information of Live Support
Pc, shall not use such Confidential Information except as set forth herein,
shall not disclose such Confidential Information to any third party, and will
maintain all Confidential Information in strict confidence.
14. General.
a. PRIVACY POLICY. The Live Support Pc Privacy Policy (available on the Website)
is an integral part of this Agreement and is hereby incorporated by reference.
If you have not yet reviewed the Privacy Policy then you should do so prior to
clicking AGREE/ACCEPT.
b. IP OWNERSHIP. All URLs, logos and trademarks related to the Services are
copyrighted, trademarks or registered trademarks of Live Support Pc or its
licensors. You may not copy, imitate or use them without Live Support Pc’s prior
written consent. In addition, all page headers, custom graphics, button icons,
and scripts are service marks, trademarks, and/or trade dress of Live Support
Pc. You may not copy, imitate, or use them without Live Support Pc’s prior
written consent.
c. NO OFFER. The Website is available internationally and may contain references
to services or programs that are not available in your location. These
references do not imply that Live Support Pc intends to make such services or
programs available in such location.
d. PHONE CALLS. By providing Live Support Pc a telephone number (including a
mobile telephone number) you consent to receiving calls (including autodialed
and prerecorded messages) and text messages from or on behalf of Live Support Pc
at that number.
e. SURVIVAL CLAUSE. Sections 7, 8, 10, 13, and 14, along with any other
provisions which by its context was intended to survive the termination,
cancellation or suspension of this Agreement shall survive any termination,
cancellation or suspension of this Agreement.
f. ASSIGNMENT. You may not transfer or assign any rights or obligations you have
under this Agreement without Live Support Pc’s prior written consent. Live
Support Pc reserves the right to transfer or assign this Agreement or any right
or obligation under this Agreement at any time without prior notice to you.
g. SEVERABILITY. In the event that a particular provision of this Agreement is
held to be invalid, such provision shall be severed from the Agreement and shall
not affect the validity of this Agreement as a whole or any of its other
provisions (other than payment or license restrictions). The parties hereto
agree to replace such invalid provision with a new provision that has the most
nearly similar permissible, economic, or other effect.
h. WAIVER. Live Support Pc’s failure to act with respect to a breach by you or
others does not waive its right to act with respect to subsequent or similar
breaches.
i. AMENDMENTS. Live Support Pc may change this Agreement at any time. Upon any
change in the terms or conditions of the Agreement, Live Support Pc will notify
you by posting the changes to the Website. You are responsible for regularly
reviewing the Website to be notified of changes to the Agreement. Your continued
use of the Services constitutes an affirmative agreement by you to abide by and
be bound by this Agreement and its modifications.
j. FORCE MAJEURE. Live Support Pc will not be liable or be deemed in default
hereunder by reason of any delay or failure in the performance of its
obligations under this Agreement resulting, directly or indirectly, from events
beyond its reasonable control, which may include, without limitation,
denial-of-service attacks, strikes, shortages, riots, insurrection, storms,
explosions, acts of God, fire, earthquakes, floods, war, terrorism, riots, civil
or military authority, labor conditions, lockouts, accidents, extraordinary
Internet congestion or extraordinary connectivity issues experienced by major
telecommunications providers and unrelated to the Live Support Pc infrastructure
or connectivity to the Internet or failure at a Live Support Pc co-location
facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure
Event, Live Support Pc will be excused from any performance of its obligations
effected by the Force Majeure Event for so long as the event continues.
k. RECORDING. Live Support Pc reserves the right to review and/or record any
exchanges and communications, in accordance with applicable law.
l. OUTSIDE LINKS. The Website may provide links to websites other than the
websites owned by Live Support Pc. Such links are provided for reference only,
and Live Support Pc neither controls such websites nor endorses any of the
material on any such websites or any association with their operators.
m. SECTION HEADINGS. The section headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement