Terms - Click Fixed Done - "Making technology work for you"

Click Fixed Done Terms and Agreement

Additional Terms for Flat Rate Services

·         Account set up required.

·         Most remote packages are flat rate services.* Additional services will be billed at our regular rates. *Pay per minute and subscription options also available. Please consult technician during service call.

·         System requirements: Windows 98, ME, NT, XP or Vista and a high speed internet connection. CD-ROM drive and an available USB port in cases where software installation is required or device set up is included.

·         Accept Terms of Service

·         A service appointment fee of $20 will be charged to your credit card at the time of your appointment unless appointment is cancelled a minimum of two (2) hours prior to your scheduled appointment. This amount will be credited to your service fees at close of service or converted to minutes and added to your account if the appointment is missed.

Additional Terms for Subscription Plan

·         Customer's use of the Plan is governed by the Terms of Service.

·         This is a month to month non-refundable subscription plan. With a 15 day grace period

·         For a complete list of what is and is not supported under this plan, please see below.

·         Upon sign-up, credit card will be charged for the service plan purchased prior to the service. Thereafter, customers will be billed every 30 days, quarterly or annually (depending on the on the service plan desired.

·         Get a Month Free with annual pre-pay.

·         Customer is not considered to be on the subscription plan until the Energy Design Computers-issued software is loaded onto their system. Energy Design Computers will attempt to clean the customer's system enough so that the software can be installed.

·         Subscriptions will automatically renew after the first month on a month to month basis. Or Quarterly or Annual basis. After the first month, customer may cancel at anytime with thirty (30) days written notice.

·         What the subscription plan supports - this plan includes installation, usage and navigation for all Energy Design Computers supported applications (and limited diagnostic assessment only for applications not supported by Energy Design Computers).

Any Windows XP PC (desktop or laptop) - diagnose and fix problems, PC tune-up, security, software support
MP3 Player - set up your new player (iPod), learn to rip a CD, download music, iTunes or Windows Media Player
Digital Camera - set up, learn how to transfer and print digital photos
PDAs - get connectivity help with a Blackberry or Treo
SmartPhone/VOIP - help with connectivity, downloading, internet applications
Virus/Spyware - set up and support for Energy Design Computers anti-spyware and anti-virus applications, identify and remove threats
Backup and File Restore - set up and support for automatic online backup and restoration of data files (to any PC): photos, documents, music and emails; unlimited storage
Microsoft Office - installation and operation, does not include training

·         What the subscription plan does not support - this plan does not include support for accounting, financial, database, CAD/CAM or similar software; network, router printer or scanner support, or on-site computer support (in-home/in-office). These services are available for an additional fee.
Hardware - training or any hardware related issues
Scanner - errors messages, update drivers, training
Router/Network Devices - set up or support for small networks, security and file sharing
In-Home/In-Office Support - on-site support by a certified technician. Training
See rates below.

Training - $45 per hour

Networking - $55 Per hour

*Unlimited Online PC Support - refers to support for a single PC and specific issues outlined above. If Energy Design Computers determines that any customer is abusing or otherwise using the service excessively, customer will be notified and Energy Design Computers may restrict or terminate customer's access to the service. If Energy Design Computers determines a customer is using the service for illegal or inappropriate activities, this may be deemed reason to cancel subscription. Please see the Terms of Service for details. At Energy Design Computers, we also offer On-Site Computer Support (in-home/in-office visit) at an additional rate that is in accordance with the current local on-site service rates. If you need in-home or in-office computer support, our certified on-site technicians are on-call and available nationwide. To request an on-site service call, simply log in to your account and request the best date and time for a visit.

Terms of Service:

This document was last modified on February 23, 2009.
The following are the terms and conditions for use of Energy Design Computers services. Please read them carefully. Our Service is offered to you with the condition that you accept without modification the terms and conditions contained herein. Energy Design Computers may change these Terms of Service at any time, with or without notice. Accordingly, you should return to this Website often to check for changes to the Terms of Services. You understand that by using the Service after a change becomes effective, you have agreed to it. By purchasing Services from Energy Design Computers, you are indicating your agreement to be bound by all of the terms and conditions set forth in this document.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF ENERGY DESIGN COMPUTERS COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH ENERGY DESIGN COMPUTERS. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
NO MATERIAL WITHIN THIS SITE MAY BE COPIED, IN ANY FORM, FOR PUBLIC, PRIVATE, OR COMMERCIAL USE.1. GENERAL
These Terms of Service (the "Agreement") are entered into by and between you, the customer (personally and/or on behalf of your employer, as applicable) ("you", "your" or "Subscriber") and Energy Design Computers, LLC. ("Energy Design Computers", "us" or "we"). 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, by telephone or on-site (see Paragraph 4); or (c) your use of the Service (see Paragraph 2). This Agreement is made up of the terms below, plus the Privacy Policy, Terms and Conditions, all attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the Energy Design Computers website (http://www.BayGeeks.com) ("Website"). The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which Energy Design Computers agrees to provide the Service to you. You may also receive a paper copy of this Agreement either by telephoning Energy Design Computers at 1-888-307-9175 or by writing to us at Energy Design Computers Remote Services, P.O.Box 1279, Brownsburg, In 46112, Attention: Billing Department.
2. DEFINITION OF SERVICE
For purposes of this Agreement, the term "Service" shall mean the Energy Design Computers Remote service, including all technical support, usenet newsgroups, email and other features, products and services provided by Energy Design Computers under the service option that you have selected. The Service may be referred to as, "Remote Computer Support", "Virtual On-Site Computer Support Service", "On-Site Computer Support Service", "Online Computer Support", "Drop-Off Computer Support" or "Energy Design Computers Remote Services". As part of the Service, Energy Design Computers may license to you, or assist you in licensing from third parties, software (see Section 6 below).
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 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 Energy Design Computers 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 Energy Design Computers whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
3.2 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.
3.3 If you pre-purchase or subscribe to any Energy Design Computers Services: You may not resell the Service, use it for high volume purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by Energy Design Computers.
3.4 If you purchase a PC Helpdesk subscription service plan ("Helpdesk") for one computer, you may only use the Service in connection with the computer listed in your service plan, unless you upgrade your service plan contract to include an additional computer or device. You hereby acknowledge and agree that a Helpdesk service contract covers only the software, hardware and peripherals specifically listed in the Product Description. The Product Description is not an exhaustive list, and Energy Design Computers may modify it any time. Energy Design Computers reserves the right to charge an additional fee to perform Services that you request that are not covered by the Helpdesk, or to refuse to perform such service. As part of the Helpdesk, Energy Design Computers may require you to install certain software to assist Energy Design Computers in the provision of the Services. Energy Design Computers reserves the right to terminate this Agreement if you (i) do not agree to install the software on your PC; or (ii) alter, modify or disable the software, or its settings or configurations.
4. PRIVACY POLICY
Your privacy is important to Energy Design Computers. Energy Design Computers will treat your personal information in accordance with its current Privacy Policy, subject to change from time to time. You agree to the terms of the Privacy Policy, which describes Energy Design Computers use and disclosure of information about you, your account and your use of the Service. To ensure customer service and quality assurance, all remote computer sessions and telephone calls with Energy Design Computers personnel will be recorded, stored, and monitored.
5. AVAILABILITY OF SERVICE
5.1 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 Helpdesk Service Plan 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.
5.2 Energy Design Computers 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.
5.3 If you subscribe to a Helpdesk service plan, Energy Design Computers will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, you hereby acknowledge that circumstances outside of Energy Design Computers control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in Energy Design Computers ability to schedule a service session. You hereby release Energy Design Computers from any and all liability, and agree that Energy Design Computers shall not be liable to you or any third party for any direct or indirect damages, resulting from such delays.
6. SOFTWARE LICENSES AND THIRD PARTY SERVICES
6.1 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 Energy Design Computers 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.
6.2 The Software may be accompanied by an end user license agreement from Energy Design Computers 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.
6.3 With regard to any Software for which your acceptance of a separate license agreement is not required ("Energy Design Computers Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Energy Design Computers to use the Energy Design Computers Software (and any corrections, updates and upgrades). You may not make any copies of the Energy Design Computers Software. You agree that the Energy Design Computers Software is the confidential information of Energy Design Computers or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Energy Design Computers Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Energy Design Computers 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 Energy Design Computers Software, or otherwise reduce the Energy Design Computers 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 Energy Design Computers 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 Energy Design Computers Software. You acknowledge that this license is not a sale of intellectual property and that Energy Design Computers 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 Energy Design Computers 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 Energy Design Computers Software is strictly prohibited.
6.4 Third Party Software: As part of the Services, Energy Design Computers 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 Energy Design Computers assists you in the acquisition, installation, and/or use of Third Party Software. Energy Design Computers 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.
6.5 We provide technical assistance and support for the Software and the Energy Design Computers 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.
6.6 Your license to use the Software and the Energy Design Computers Software shall remain in full force and effect unless and until terminated by Energy Design Computers, 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 Energy Design Computers Software and immediately delete the Software and the Energy Design Computers Software from your computer.
6.7 Other Third Party Agreements: As part of the Services, Energy Design Computers 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 Energy Design Computers may elect to make available from time to time. Violation of such third party provider's terms of service may, in Energy Design Computers sole discretion, result in the termination of your customer account and use of service.
7. TERM AND TERMINATION
7.1 Effective Date and Term. 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.
7.2 Termination of Service.
7.2.1 Pay-as-you-go or Subscription Service. If you are a pay-as-you-go or subscription service customer, either you or Energy Design Computers may terminate this Agreement at anytime without cause. You may cancel at anytime. Activation or set-up fees paid at the initiation of your service, if any, are not refundable. Termination by Energy Design Computers 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 Energy Design Computers, 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. You understand and agree that any software that you acquire and install as part of the Helpdesk Services may cease to operate, update or function properly after termination of the Helpdesk Service plan.
7.2.2 Termination and/or Suspension by Energy Design Computers. If, in the sole discretion of Energy Design Computers: (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, Energy Design Computers network, or the use and enjoyment of other users; (c) Energy Design Computers receives an order from a court to terminate your Service; (d) if Energy Design Computers for any reason ceases to offer the Service; (e) if you are no longer a Energy Design Computers customer, or (f.) Energy Design Computers determines that you are abusing the Service or using the Service excessively then, Energy Design Computers at its sole election may terminate or suspend your Service immediately without notice.
7.2.3 Terminated Account. Energy Design Computers, 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.
8. PRICING AND PAYMENT
8.1 Pricing and Fees. Energy Design Computers fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the Energy Design Computers sister web site at www.TampaRemote.com 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. Energy Design Computers or its agent will bill you directly, or charge your credit card, as you request and as approved by Energy Design Computers. Energy Design Computers does not accept debit cards for payment of any charges or fees.
8.2 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.
8.3 Late Fees. If any portion of your bill is not paid by the due date, Energy Design Computers 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 Energy Design Computers 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.
8.4 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.
8.5 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.
8.6 Missed Appointments. If you do not contact Energy Design Computers a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at Energy Design Computers option, a missed appointment fee according to the following schedule: Physical On-Site Computer Support: $50 missed appointment fee Remote Computer Support: $35 service fee that is converted into 30 minutes of remote support and added to your account for future use.
8.7 Unable to Create Online Connection. Energy Design Computers will not charge you if Energy Design Computers cannot connect with your computer in attempt to provide remote computer support service.
8.8 The waiver of any fees or charges lies solely at the discretion of Energy Design Computers.
8.9 Energy Design Computers reserves the right to charge service fees to a customer's credit card up to eight (8) weeks after the conclusion of service.
9. LIMITATIONS ON USE OF THE SERVICE
9.1 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.
9.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Energy Design Computers and Energy Design Computers 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 Energy Design Computers does not own or control all of the various facilities and communications lines through which service may be provided, nor does Energy Design Computers guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Energy Design Computers.
9.3 You agree that Energy Design Computers 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.
9.4 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. Energy Design Computers is not responsible for invalid destinations, transmission errors, or corruption or security of your data.
9.5 You are not authorized to use any Energy Design Computers name or mark (including 'Energy Design Computers') as a hypertext link to any Energy Design Computers Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Energy Design Computers. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply Energy Design Computers 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. Energy Design Computers Affiliates may use the Energy Design Computers name and link to the Energy Design Computers web site solely in accordance with the terms and conditions of the Energy Design Computers Affiliate Program.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 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 ENERGY DESIGN COMPUTERS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), ENERGY DESIGN COMPUTERS (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), 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, NON-INTERFERENCE, 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 ENERGY DESIGN COMPUTERS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF ENERGY DESIGN COMPUTERS COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
10.2 ENERGY DESIGN COMPUTERS DOES NOT WARRANT THAT THE SERVICE PROVIDED BY ENERGY DESIGN COMPUTERS 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. ENERGY DESIGN COMPUTERS 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. ENERGY DESIGN COMPUTERS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. ENERGY DESIGN COMPUTERS 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.
10.3 IN NO EVENT SHALL ENERGY DESIGN COMPUTERS (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), 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 ENERGY DESIGN COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO ENERGY DESIGN COMPUTERS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH ENERGY DESIGN COMPUTERS (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ENERGY DESIGN COMPUTERS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.
10.6 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.
10.7 ENERGY DESIGN COMPUTERS 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.)
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Energy Design Computers 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.
12. NOTICES
12.1 Notices required under this Agreement by you shall be provided to the Energy Design Computers Customer Service Department. Notices by Energy Design Computers 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.
12.2 With regard to electronic communications, you and Energy Design Computers 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.
13. GENERAL PROVISIONS
13.1 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.
13.2 Energy Design Computers 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.
13.3 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.
13.4 You and Energy Design Computers agree that the substantive laws of the State of Florida, 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 ENERGY DESIGN COMPUTERS CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN PINELLAS COUNTY, FLORIDA 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 Florida 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. In any action or proceeding arising from or relating in any way to the subject matter of this Agreement you agree that Energy Design Computers shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with said action or proceeding and in the event that Energy Design Computers prevails.
13.5 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 Energy Design Computers or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
13.6 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.
13.7 Energy Design Computers 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.
13.8 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 Energy Design Computers 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.