Terms of Services
The following terms of use apply only to the use of and purchase of services from the Bitwise
Tech SupportSM ("Bitwise Tech SupportSM") website at www.bts-helpdesk.com (the "Bitwise
Tech SupportSM Website"). The terms "you", "your" and "yours" refer to the user/customer
utilizing our website to purchase services ("Services") or to browse our website. The terms "we,""us" and "our" refer to Bitwise Tech SupportSM.
1.
GENERAL TERMS.
o 1.1
Disclaimer of warranty for Bitwise Tech SupportSM Website:
We provide our website and its contents on an "AS IS" basis and make no
warranty or representation regarding any product or Service, either express or
implied, including the warranties of merchantability, fitness for a particular
purpose, and non-infringement, which are hereby expressly disclaimed, unless
otherwise stated herein.
o 1.2
Errors on and Changes to our website. Despite our efforts to ensure that the information on our website is accurate,
complete and current, there may be instances when information about a Service
contains inaccurate or incomplete data, including data about the Service's price or
availability. We make no warranty or guarantee that the information on our
website is error-free, complete, or current. We reserve the right to make changes,
including pricing, and to correct errors and/or update the content on our website at
any time without notice. We also reserve the right to refuse or cancel any order
containing any error or inaccuracy, including after the order has been submitted,
whether or not the order has been confirmed and your credit card charged. If your
order is canceled after your payment has been processed, we will issue a full
refund to the original pay type.
o 1.3 Damages. In no event shall Bitwise Tech SupportSM, or our respective officers, directors,
employees, representatives or agents be liable for special, incidental,
consequential, punitive, indirect, or other special damages, including but not
limited to, loss of data, use, or profits, however caused, whether for breach of
contract, negligence, or otherwise, and whether or not we have been advised of
the possibility of any such damages.
o 1.4 Governing law. These terms are governed and construed by the laws of the State of New Jersey
without regard to its conflict of law rules. You agree that if any part of these terms
is found to be unenforceable, the remainder of these terms will remain in full
force and effect.
o 1.5 Privacy policy. We realize that customers are concerned about how the information they provide
online will be used. We are committed to protecting your privacy and will use the
information we collect about you to process your order and provide a more
personalized shopping experience. Please read our Privacy Policy for more
details.
o 1.6 Bitwise Tech SupportSM and the Bitwise Tech SupportSM Website. "Bitwise Tech SupportSM" and the Bitwise Tech SupportSM Website are owned
and operated by Bitwise Tech Support LLC and or its subsidiaries. All references
to "Bitwise Tech SupportSM" are inclusive of
2. CONDITIONS FOR ONLINE SERVICE.
o 2.1 Acceptance of the Services.
You are deemed to have accepted this Agreement upon the earlier of: (a) your
submission of an online or telephone request for service; (b) your accepting the
Terms of Service electronically during registration or in the course of initiating a
support session whether online or by telephone; or (c) your use of the Service.
This Agreement is made up of the terms below, plus the Privacy Policy, and the
other policies and materials specifically referred to in these Terms of Service, all
of which are incorporated herein by reference. The Agreement sets forth the terms
and conditions under which you agree to use the Service, and under which
Bitwise Tech SupportSM, and/or its authorized service provider(s), agrees to
provide the Service to you.
o 2.2 Definition of Service.
For purposes of this Agreement, the term "Service" shall mean the Bitwise Tech
SupportSM Computer Help service, including all technical support, products and
services provided by Bitwise Tech SupportSM, and/or its authorized service
provider(s) under the service option that you have selected. The Service may be
referred to as, "Remote Computer Support", "Remote Computer Support Service"," Bitwise Tech SupportSM Help Desk", "Online Computer Support", "Remote PC
Support" or "Bitwise Tech SupportSM Computer Services". As part of the Service,
Bitwise Tech SupportSM and/or its authorized service provider(s) may license to
you, or assist you in licensing from third parties, software (see Section 2.5 below).
o 2.3 Authorized User, Use and Responsibilities.
You represent that: (i) you are 18 years of age or older and you have the legal
capacity and authority to bind yourself and your employer, as applicable, to this
Agreement; (ii) you consent on behalf of yourself and/or as an authorized
representative of your employer, as applicable, to be bound by this Agreement;
and (iii) the information you supply to us is correct and complete. You understand
that Bitwise Tech SupportSM relies on the information you supply and that
providing false or incorrect information may result in Service withholding or
delays or the suspension or termination of your customer account. You agree to
promptly notify Bitwise Tech SupportSM whenever your personal or billing
information changes (including for example, your name, address, telephone
number, and credit card number and expiration date).
2.3.1
You agree that you are responsible for all use on your account, including
any secondary accounts or sub-accounts registered to your primary
account. You understand this means that you accept full liability and
responsibility for the actions of anyone who uses the Service via your
account, or any secondary accounts, with or without your permission.
2.4 Availability of Service.
The Service you select may not be available at all times, and may not be
available in the format generally marketed, and some personal computers
may not be able to receive the Service even if initial testing showed that
your connection was qualified or your computer environment was suitable.
For Remote Computer Support, we will qualify your Internet connection
for the minimum line rate (speed) available for support based on our
standard line qualification procedures. The Service requires Internet
access; it is your responsibility to ensure that you have adequate
connectivity to the Internet. All Services are provided on an AS IS basis.
Line rate, access and availability of Service are not guaranteed.
2.4.1
Bitwise Tech SupportSM or its suppliers may, at any time, without notice
or liability, restrict the use of the Service or limit its time of availability in
order to perform maintenance activities and to maintain session control.
2.5 Software Licenses and Third Party Services.
2.5.1
In connection with our Service, we may provide to you, via download,
CD, other media, or other delivery method the use of certain software
which is owned by Bitwise Tech SupportSM or its third party licensors,
providers and suppliers, and which may be provided free or for a fee,
including client and/or network security software ("Software"). We
reserve the right to update or change the Software from time to time and
you agree to cooperate in performing such steps as may be necessary to
install any updates or upgrades to the Software. You may use the Software
only as part of or for use with the Service and for no other purpose.
2.5.2
The Software may be accompanied by an end user license agreement from
Bitwise Tech SupportSM or a third party. Your use of the Software is
governed by the terms of that license agreement and by this Agreement,
where applicable. You may not install or use any Software that is
accompanied by or includes an end user license agreement unless you first
agree to the terms and conditions of the end user license agreement.
2.5.3
With regard to any Software for which your acceptance of a separate
license agreement is not required ("Bitwise Tech SupportSM Software"),
you are hereby granted a revocable, non-exclusive, non-transferable
license by Bitwise Tech SupportSM to use the Bitwise Tech SupportSM
Software (and any corrections, updates and upgrades). You may not make
any copies of the Bitwise Tech SupportSM Software. You agree that the
Bitwise Tech SupportSM Software is the confidential information of
Bitwise Tech SupportSM or its third party licensors, providers or suppliers,
which you shall not disclose to others or use except as expressly permitted
herein. The Bitwise Tech SupportSM Software contains copyrighted
material, trade secrets, patents, and proprietary information owned by
Bitwise Tech SupportSM or its third party licensors, providers, or suppliers.
You may not de-compile, reverse engineer, disassemble, attempt to
discover any source code or underlying ideas or algorithms of the Bitwise
Tech SupportSM Software, or otherwise reduce the Bitwise Tech
SupportSM Software to a human readable form, modify, rent, lease, loan,
use for timesharing or service bureau purposes, reproduce, sublicense or
distribute copies of the Software, or otherwise transfer the Bitwise Tech
SupportSM Software to any third party. You may not remove or alter any
trademark, trade name, copyright or other proprietary notices, legends,
symbols, or labels appearing on or in copies of the Software. You are not
granted any title or rights of ownership in the Bitwise Tech SupportSM
Software. You acknowledge that this license is not a sale of intellectual
property and that Bitwise Tech SupportSM or its third party licensors,
providers or suppliers continue to own all right, title and interest,
including but not limited to all copyright, patent, trademark, trade secret,
and moral rights, to the Bitwise Tech SupportSM Software and related
documentation, as well as any corrections, updates and upgrades. The
Software may be used in the United States only, and any export of the
Bitwise Tech SupportSM Software is strictly prohibited.
2.5.4 Third Party Software: As part of the Services, Bitwise Tech SupportSM
may suggest that you acquire, install and use certain third party software
("Third Party Software"). Third Party Software is licensed to you by the
respective owners or licensees of the Third Party Software. You must
agree to the terms and conditions set forth by such owners or licensees
before installing Third Party Software, whether Bitwise Tech SupportSM
assists you in the acquisition, installation, and/or use of Third Party
Software. Bitwise Tech SupportSM has no rights to the Third Party
Software and does not license Third Party Software to you or make any
representation or warranty regarding the Third Party Software.
2.5.5
We provide technical assistance and support for the Software and the
Bitwise Tech SupportSM Software in accordance with our policies. To the
extent that we provide technical assistance and support for Third Party
Software or equipment, you must ensure that you comply with the terms
and conditions under which you licensed such Third Party Software or
purchased such equipment. We make no warranty that we are an
authorized service provider for Third Party Software or for any 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 Third Party Software or equipment by an
unauthorized service provider may void any warranty made by the
supplier of such Third Party Software or equipment.
2.5.6
Your license to use the Software and the Bitwise Tech SupportSM Software
shall remain in full force and effect unless and until terminated by Bitwise
Tech SupportSM, its third party licensors, providers or suppliers, or until
your customer account is terminated. Upon termination of your customer
account for any reason, you must cease all use of the Software and the
Bitwise Tech SupportSM Software and immediately delete the Software
and the Bitwise Tech SupportSM Software from your computer.
2.5.7 Other Third Party Agreements: As part of the Services, Bitwise Tech
SupportSM may suggest certain third party services to you. If you choose to
subscribe to or otherwise use any third party services, your use of any such
services is subject to the terms of service of such third party service
provider. You agree to comply with such provider's terms of service and
that the third party provider is solely responsible for delivery of its
service(s) to you and your use of them. Third party services include, but
are not limited to technical support, portal, training, music, gaming and
storage services that Bitwise Tech SupportSM may elect to make available
from time to time. Violation of such third party provider's terms of service
may, in Bitwise Tech SupportSM's sole discretion, result in the termination
of your customer account and use of service.
o 2.6 Term and Termination.
2.6.1
This Agreement goes into effect upon your acceptance of this Agreement
as set forth in Paragraph 1 and shall continue, subject to the terms of this
Paragraph, until terminated by either party as permitted by this
Agreement. Billing for your remote, on-site, drop-off or telephone
computer support service will apply on an 'as used' basis.
2.6.2 Termination of Service.
2.6.2.1
Termination and/or Suspension by Bitwise Tech SupportSM.
If, in the sole discretion of Bitwise Tech SupportSM: (a) you are in
breach of any of the terms of this Agreement (including but not
limited to all policies regarding abuse and acceptable use of the
Service) or any license for Third Party Software; (b) your use of
the Service is prohibited by law or is disruptive to, adversely
impacts or causes a malfunction to the Service, Bitwise Tech
SupportSM 's network, or the use and enjoyment of other users; (c)
Bitwise Tech SupportSM receives an order from a court to
terminate your Service; (d) if Bitwise Tech SupportSM for any
reason ceases to offer the Service; (e) if you are no longer a
Bitwise Tech SupportSM customer, or (f) Bitwise Tech SupportSM
determines that you are abusing the Service or using the Service
excessively then, Bitwise Tech SupportSM at its sole election may
terminate or suspend your Service immediately without notice.
2.6.2.2 Terminated Account.
Bitwise Tech SupportSM, in its sole discretion, may refuse to accept
your request for service, renewal or re-subscription following a
termination or suspension of your use of the Service.
o 2.7 Pricing and Payment.
2.7.1 Pricing and Fees.
Bitwise Tech SupportSM fees and charges for the Service(s) you select are
supplied to you during the ordering process and are available on the
Bitwise Tech SupportSM web site unless otherwise provided for in this
Agreement. You agree to pay the charges applicable to your selected
Service plan, as well as any, applicable taxes and other charges including
but not limited to activation fees, minimum service fees, no-show fees, fail
to cancel fees, termination fees, other nonrecurring charges and set-up
fees. You also agree to pay any additional charges or fees applied to your
billing account for any reason, including but not limited to, interest, and
charges due to insufficient credit or insufficient funds. Set up fees,
activation fees, installation fees and other non-recurring fees, if applicable,
will be included in your first bill. Monthly recurring charges (subscription
plans) will be billed one month in advance; usage charges will be billed in
arrears, and pre-purchase plans will be billed in advance, if applicable.
Bitwise Tech SupportSM or its agent will bill you directly, or charge your
credit card, as you request and as approved by Bitwise Tech SupportSM.
Bitwise Tech SupportSM does not accept debit cards for payment of any
charges or fees. Bitwise Tech SupportSM reserves the right to charge
service fees to a customer's credit card up to eight (8) weeks after the
conclusion of service.
2.7.2 Discontinuation of Service for Nonpayment.
Service to you may be denied or discontinued without notice at any time
in the placement of Service charges on your credit card, or your credit card
provider denies or discontinues providing credit to you for any reason, or
you fail to make payment when due or provide us with a new credit card
expiration date before the existing one expires.
2.7.3 Late Fees.
If any portion of your bill is not paid by the due date, Bitwise Tech
SupportSM may charge you a late fee on unpaid balances and may also
terminate or suspend your Service without notice. The late fee will be the
lesser of five percent (5%) per month, or the highest rate permitted by law.
In the event Bitwise Tech SupportSM utilizes a collection agency or resorts
to legal action to recover monies due, you agree to reimburse us for all
expenses incurred to recover such monies, including attorneys' fees.
2.7.4 Local telephone, Toll and Long Distance Charges.
Whether you are accessing the Service from your home or away from your
home, you are responsible for all telephone charges.
2.7.5 Change in Service.
You have the option to change your Service(s) at any time by notifying us,
provided that you qualify for and comply with any requirements of the
changed Service.
2.7.6 Service Without Resolution.
Bitwise Tech SupportSM will make every reasonable attempt to
troubleshoot, analyze, assess, correct or otherwise fix your computer or
network problem. If Bitwise Tech SupportSM is unable to resolve your
computer problem, you will still be liable for charges for time spent by
Bitwise Tech SupportSM in an attempt to correct a problem.
2.7.7 Unable to Create Online Connection.
Bitwise Tech SupportSM will not charge you if Bitwise Tech SupportSM
cannot connect with your computer in attempt to provide remote computer
support service.
2.7.8 Waiver.
The waiver of any fees or charges lies solely at the discretion of Bitwise
Tech SupportSM.
o 2.8 Limitations on Use of the Service.
2.8.1
You agree that your use of the Service and the Internet, without limitation,
is your sole responsibility, is solely at your own risk, and you will comply
with all applicable local, state, national and international laws and
regulations.
2.8.2
You agree that the Internet is not owned, operated or managed by, or in
any way affiliated with Bitwise Tech SupportSM and Bitwise Tech
SupportSM is not responsible and has no control over the information,
content or other materials, some of which may be offensive, malicious or
destructive in nature, which may be accessed through use of the Service.
You further agree that Bitwise Tech SupportSM does not own or control all
of the various facilities and communications lines through which service
may be provided, nor does Bitwise Tech SupportSM guarantee access to or
through websites, servers or other facilities on the Internet, whether or not
such facilities are owned or controlled by Bitwise Tech SupportSM.
2.8.3
You agree that Bitwise Tech SupportSM cannot and does not guarantee or
warrant that data available for downloading through the Service will be
free of defects, infection or viruses, worms, Trojan horses or other code
that manifest contaminating, malicious or destructive properties. You are
responsible for implementing adequate procedures to satisfy your
particular requirements for accuracy of data input and output and for
maintaining a means external to the Service for the reconstruction of any
lost data.
2.8.4
You agree that the Internet is not a secure network and that third parties
may be able to intercept, access, use, or corrupt the information you
transmit or receive over the Internet. Bitwise Tech SupportSM is not
responsible for invalid destinations, transmission errors, or corruption or
security of your data.
2.8.5
You are not authorized to use any Bitwise Tech SupportSM name or mark
(including 'Bitwise Tech SupportSM') as a hypertext link to any Bitwise
Tech SupportSM Web site or in any advertising, publicity or in any other
commercial manner without the prior written consent of Bitwise Tech
SupportSM. You understand that your ability to link to a Web site through
the Service does not, in any way, represent or imply Bitwise Tech
SupportSM 's approval of, or its determination of the quality of that product
or service, and that links are provided for your convenience only. The
links provided through the Service are maintained by their respective
organizations, which are solely responsible for their content. Bitwise Tech
SupportSM Affiliates may use the Bitwise Tech SupportSM name and link
to the Bitwise Tech SupportSM web site solely in accordance with the
terms and conditions of the Bitwise Tech SupportSM Affiliate Program.
o 2.9 Warranties and Limitation of Liability.
2.9.1
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 OR
SOFTWARE PROVIDED BY Bitwise Tech SupportSM AND/OR ITS
AUTHORIZED SERVICE PROVIDERS (BUT ONLY IF SUCH
WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR
SOFTWARE), Bitwise Tech SupportSM (AND ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES AND
AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS),
DISCLAIM ANY AND ALL WARRANTIES FOR 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, NONINTERFERENCE,
TITLE, COMPATIBILITY OF COMPUTER
SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE
OF DEALING, COURSE OF TRADE, OR ARISING UNDER
STATUTE. NO ADVICE OR INFORMATION GIVEN BY
PLUMCHOICE OR ITS REPRESENTATIVES SHALL CREATE A
WARRANTY. USE OF Bitwise Tech SupportSM COMPUTER SUPPORT
IS AT OUR OWN RISK AND IS NOT WARRANTED.
2.9.2
Bitwise Tech SupportSM DOES NOT WARRANT THAT THE SERVICE
PROVIDED BY Bitwise Tech SupportSM OR ITS AUTHORIZED
SERVICE PROVIDERS WILL PERFORM AT A PARTICULAR
SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL
BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF
VIRUSES, WORMS, OR THE LIKE. Bitwise Tech SupportSM 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. Bitwise Tech SupportSM MAKES NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED USING THE
SERVICE OR THE INTERNET. Bitwise Tech SupportSM MAKES NO
WARRANTY REGARDING THE CONTENT AND INFORMATION
ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED.
YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR
USE OF THE SERVICE AND THE INTERNET GENERALLY. DO
NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE
DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT,
OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
2.9.3
IN NO EVENT SHALL Bitwise Tech SupportSM (OR ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES OR
AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS OR
SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA
ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE
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 Bitwise Tech
SupportSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY
ANY OTHER PARTY.
2.9.4
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS
PARAGRAPH ALSO APPLY TO Bitwise Tech SupportSM'S THIRD
PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING
GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
2.9.5
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM
FOR WHICH Bitwise Tech SupportSM (AND ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), Bitwise
Tech SupportSM'S THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY
RESPONSIBLE.
2.9.6
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 OR LIMIT THE
EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
2.9.7
Bitwise Tech SupportSM RESERVES THE RIGHT TO PURSUE ANY
AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU
PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR
FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY
POLICIES RELATING TO THE SERVICE.)
o 2.10 Indemnification.
You agree to defend, indemnify and hold harmless Bitwise Tech SupportSM from
and against all liabilities, costs and expenses, including reasonable attorney's fees,
related to or arising from: (a) any violation of applicable laws, regulations or this
Agreement by you (or any parties who use your account, with or without your
permission, to access the Service); (b) the use of the Service or the Internet or the
placement or transmission of any message, information, software or other
materials on the Internet by you (or any parties who use your account, with or
without your permission, to access the Service); (c) negligent acts, errors, or
omissions by you (or any parties who use your account, with or without your
permission, to access the Service); (d) injuries to or death of any person and for
damages to or loss of any property, which may in any way arise out of or result
from or in connection with this Agreement, except to the extent that such
liabilities arise from the active negligence or willful misconduct of the other
party; or (e) claims for infringement of any intellectual property rights arising
from the use of the Service, Software, or the Internet.
o 2.11 Notices.
2.11.1
Notices required under this Agreement by you shall be provided to the
Bitwise Tech SupportSM Customer Service Department. Notices by
Bitwise Tech SupportSM to you shall be deemed given: (a) when sent to
your registered email address, or (b) when deposited in the United States
mail addressed to you at last-known address or (c) when hand delivered to
your home, as applicable. Notice of changes to this Agreement and these
Terms of Service will be deemed given upon posting to the pages on the
Website.
2.11.2
With regard to electronic communications, you and Bitwise Tech
SupportSM further agree that: (a) the User ID and/or alias of a sender,
contained in an electronic communication ("email"), is legally sufficient to
verify the sender's identity and the authenticity of the communication; (b)
an email sent containing your User ID and/or alias establishes you as its
originator and has the same effect as a document with your written
signature on it; and (c) an email or any computer printout of it, is a valid
proof of the validity of the original content of the electronic
communication.
o 2.12 General Provisions.
2.12.1
All obligations of the parties under this Agreement, which, by their nature,
would continue beyond the termination, cancellation or expiration of this
Agreement, including by way of illustration and not limitation, those
clauses relating to Software Licenses, Warranties and Limitation of
Liability, and Indemnification, shall survive such termination, cancellation
or expiration.
2.12.2
Bitwise Tech SupportSM 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 or other labor-related disputes, of other things
we do not control, or an inability to obtain necessary equipment or
services.
2.12.3
You agree not to assign or otherwise transfer, this Agreement in whole or
in part, including the Software or your rights or obligations under it. Any
attempt to do so shall be void. We may assign all or any part of this
Agreement without notice and you agree to make all subsequent payments
as directed.
2.12.4
You and Bitwise Tech SupportSM agree that the substantive laws of the
State of New Jersey, 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 Bitwise Tech SupportSM CONSENT
TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE
IN A COURT LOCATED IN RICHMOND, 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.
2.12.4
Use, duplication or disclosure by any Government entity is subject to
restrictions set forth, as applicable, in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR
12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause of DFARS 252.227-7013
and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Bitwise Tech SupportSM or its licensors and
suppliers. The use of Software and documentation is further restricted in
accordance with the terms of this Agreement.
2.12.5
In the event of a conflict between this Agreement and any applicable
tariff, the tariff shall prevail. We reserve the right to modify the Service to
reflect any change in any applicable tariff or underlying network service
or component affecting the Service.
2.12.6
Bitwise Tech SupportSM's failure at any time to insist upon strict
compliance with any of the provisions of this Agreement in any instance
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 validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby, and the
unenforceable portion shall be construed as nearly as possible to reflect
the original intentions of the parties.
2.12.7
This Agreement, including all Attachments and all other policies posted
on the Website, which are fully incorporated into this Agreement either by
attachment or by reference, constitutes the entire agreement between you
and Bitwise Tech SupportSM with respect to the subject matter hereto and
supersedes any and all prior or contemporaneous agreements whether
written or oral. Any changes by you to this Agreement, or any additional
or different terms in your purchase orders, acknowledgements or other
documents, written or electronic, are void.
3. OWNER OF THE Bitwise Tech SupportSM WEBSITE AND THE Bitwise Tech
SupportSM BRAND.
The Bitwise Tech SupportSM brand and the Bitwise Tech SupportSM Website are owned
and operated by Bitwise Tech Support LLC. All references to "Bitwise Tech SupportSM,"
the "Bitwise Tech SupportSM Website," "us," "we," and "our" are references to Bitwise
Tech Support LLC. In some instances, Bitwise Tech Support LLC may use an authorized
third party to perform the Services under the Bitwise Tech SupportSM brand