These terms ("terms") govern your use of the NerdDeck Web site ("site") and any technology support services provided either by telephone, chat or computer (the site and the support services are collectively referred to as the "services") provided by NerdDeck, Inc., its subsidiaries, affiliates and contractors (collectively referred to as "NerdDeck", "we", "our", or "us").
We provide you with access to and use of services subject to your compliance with our terms. NerdDeck reserves the right to refuse to provide services to anyone at any time without notice for any reason. Some services may have minimum system requirements and we may limit technology we support. You represent and warrant to us that you agree and comply with all the following:
If you do not agree to these terms, you may not access or use the services.
You acknowledge that by your use of NerdDeck services you are authorizing NerdDeck to access and control your device (computer, personal electronics, camera, network, printer, mobile phone, etc.) for the purposes of diagnosis, service and repair.
By accepting these terms, you hereby grant NerdDeck the right to gather system data, connect to your device, take remote control of your device, download and use software on your device, and change the settings on your device while performing the services. Other than as set forth in the warranty section below, you agree that NerdDeck has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.
You are solely responsible for maintaining and backing up all information, data, text or other materials and software stored on your device and storage media before ordering the services. You acknowledge and agree that NerdDeck or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services.
NerdDeck may need to download and run software on your device to help diagnose and resolve your technology problem.
You acknowledge and agree that use of all NerdDeck software and third party software and tools accessed, downloaded or otherwise provided or made available with the services are subject to the license agreements that may appear or be referenced when you access or download the software. You may not access, download or use any software without agreeing to the terms and conditions of the license agreements. You agree that we may download and utilize software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of software that will expire and cease to function after a certain period of time unless you purchase a license to continue using such software. You may use the NerdDeck software only in connection with the services and for no other purpose. You agree that we may, but are not obligated to, remove any software downloaded to your device during the services after we have completed or terminated the services.
A service may not be successful because the problem may be beyond our ability to solve remotely. If you have purchased a service from NerdDeck, then the following warranty applies:
You understand and agree that except as expressly set forth above, the services are provided "as is," without warranty of any kind and there are no other warranties for the Services. Any content or software that you access, download or use with the services is done at your own discretion and risk and you agree that you will be solely responsible for any damage that results from such activities.
We will need your cooperation by promptly responding to our requests for information and actions to resolve your technology problem. In order to help resolve your technology issue, you may be required to consent to the downloading and use of software on your device and accept all applicable license agreements for the software.
The applicable fees for the services you order may be quoted via telephone or chat. The fee for the services will be charged directly on your credit card and you agree to pay the charges applicable to your selected services, as well as any applicable taxes.
In order to use certain software or services, we may require that you register. During the registration process, you may be asked to designate, or we may designate for you, a user name and password. You are responsible for maintaining the confidentiality of any password or account information you receive from NerdDeck, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify NerdDeck immediately upon learning of any unauthorized disclosure or use of your password or other account information. NerdDeck has no liability for any unauthorized use of the services under your account or on your device.
We are excited to service your computer. Our lowest possible price is offered to care for an average consumer's computer support needs. Our Fair Usage Policy is designed to prevent fraud and abuse by a small number of users. Only the registered device is covered and limited by the plan purchased. Unreasonable services, in excess of twice the average demanded hours, may result in your subscription being suspended or our relationship being terminated. We may provide you with a notice of improper behavior before suspending, terminating or offering an alternative subscription, as we deem appropriate.
Monthly recurring charges for certain services and individual services must be paid in advance. If a credit card is submitted by you for monthly reoccurring or individual services, you agree to authorize the charges for all fees associated with the services, including renewals or upgrade changes as notified.
If any portion of your bill is not paid by the due date for any reason, a late fee on unpaid balances may be charged and your services may also terminate or suspend without notice. In the event third party collection fees are incurred to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including legal fees.
Your use of the services is only for your personal purpose on your technology and not for commercial use. You will not resell or transfer services to others, without written agreement.
You shall not misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of NerdDeck or its customers or its partners, including but not limited to interfering with or otherwise disrupting business or networks connected to the service. You will not engage in any activities or actions in connection with the services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information or engage in any activities that violate the personal privacy or publicity rights of others. You will not access, monitor or use data, traffic, tools, systems, facilities or networks provided with or accessible from the services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. You may not use, download or copy any materials provided on the site or with the services. Any rights not expressly granted herein are reserved by NerdDeck.
Our site may contain hyperlinks to Web sites that are not controlled by NerdDeck. NerdDeck is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.
You may not provide any type of link to the Site without the express written permission of NerdDeck. We reserve the right, however, to rescind any permission granted by us and to require termination at our discretion.
In the course of delivering the services to you, we may refer you to third parties. These third parties and/or their websites may also be linked and/or displayed on our site. Although we may link or refer you to such products and services offered by third parties, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the services are solely between you and the other entity. You agree that NerdDeck shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings. Likewise, any third party that may refer you to our services has no responsibility or liability for the services provided by NerdDeck.
In no event shall NerdDeck, its referral partners and suppliers, or any of their respective directors, officers or employees be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort, misrepresentation, strict liability or any other legal or equitable theory, that arises from directly or indirectly related use of or the inability to use, the services, software, content or your device and other technology including, without limitation, lost sales, lost revenue, lost profits or other loss of business, loss of or damage to data, or cost of substitute services even if NerdDeck has been advised of the possibility of such damages.
In no event shall the total liability of NerdDeck, its referral partners and suppliers to you in the aggregate for any and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the services, software or content exceed the greater of the amount paid for the services at issue or US $100.00.
The substantive laws of the State of Oregon, United States of America, unless specifically stated in a governing contract, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in Portland, Oregon, and you expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, NerdDeck may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.