Remote Technical Support Terms of Use

SECURITYCOVERAGE REMOTE TECHNICAL SUPPORT TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. These terms (the “Terms”) govern your use of the Web site at www.securitycoverage.com (“Site” or “Website”) and any web-based or remote technology support services (the Site and the support services are collectively referred to as the “Services”) provided by SecurityCoverage, Inc., its affiliates and contractors (“SecurityCoverage”, “We”, “Our”, or “Us”). By accessing, ordering or using the Services via telephone or online via the Site, you (“You” or “Your” means you or, for services designed for businesses, the legal entity that you are authorized to represent and on whose behalf the Services are purchased) and other users of the Services (collectively, “Users”) agree to these Terms, any applicable license agreements, and Our Privacy Policy available at www.securitycoverage.com/privacy-policy. If You do not agree to these Terms, You may not access or use the Services or permit others to do so on Your behalf.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

DEFINITIONS

“Marketing Partner” or “Marketing Partners” means and includes any third parties which provide to you, make available to you, bill to you, or legally signed you up for any of our Services–in part, whole, or in other form – irrespective of whether such Service are provided on a branded, co-branded or private labeled basis.

“Service” or “Services” means remote technical support Services, and related software, that may be available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”). Moreover, the definition shall include related support software, but not be limited to subscription plan provided by us, our Marketing Partners, and/or our Vendors under the service or subscription plan option that you have selected. Furthermore, Services may include, both in whole and in part, and may be referred to as “TotalTech”, “TotalTech Premium”, “TotalTech Professional”, “Wi-Fi Support”, “Wi-Fi Support Pro”, ”Identi-Fi” and “Premium Technical Support”.

“Terms of Service” means and includes

1. i) any and all the terms, conditions, policies, agreements, and instructions for service use contained herein,
2. ii) those which are contained elsewhere in the Website, or

iii) those which are otherwise disclosed, posted or updated by us from time to time.

“Us”, “We” or “Our” means and includes our company, SecurityCoverage, Inc., (an Iowa corporation, with its office at 6060 Huntington Court NE, Cedar Rapids, IA 52402), our Marketing Partners, billing agents, Vendors, and such other parties that directly or indirectly related to the provisioning of Services.

“Vendor” means our third party licensors, suppliers, and other vendors and such other third party providers involved in the Services as they are updated or modified from time to time.

“Website” or “Site” means this website, www.securitycoverage.com, and all subdomains of this website.

SCOPE OF SERVICES

You may initiate the Services via telephone, via the Site, or other means made available by SecurityCoverage. SecurityCoverage will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. SecurityCoverage may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology We support. Certain Services may have minimum system requirements.

SecurityCoverage Services may include Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).

AUTHORIZED USER, USE AND RESPONSIBILITIES

We provide You with access to and use of the Services subject to Your compliance with the Terms. SecurityCoverage reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to Us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself and Your Employer or Entity, as applicable, to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to SecurityCoverage is correct and complete, (f) any payment or credit card information You supply is correct, and (g) You agree to promptly notify Us whenever Your personal or billing information changes.

You agree that You are responsible for all use on Your account associated with the Service, 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 Services via your account, or any secondary accounts, with or without Your permission.

AUTHORIZATION TO ACCESS YOUR COMPUTER; MONITORING OF THE SERVICES AND PHONE CALLS

You acknowledge that by Your use of the Services You are authorizing SecurityCoverage to access and control Your computer or device (collectively “Device”) for the purposes of diagnosis, service and repair.

In connection with delivering the Services, SecurityCoverage may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these Terms, You hereby grant SecurityCoverage the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of 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 SecurityCoverage 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.

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to SecurityCoverage to monitor and record the Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services We may provide to You in the future. You also grant SecurityCoverage permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. Please see Our Privacy Policy for further details.

We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and We are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.

DATA BACKUP

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT SECURITYCOVERAGE OR ITS MARKETING PARTNERS AND VENDORS 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.

SECURITYCOVERAGE DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

LIMITED WARRANTY

The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from SecurityCoverage, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within two (2) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service.

We reserve the right for Our technicians to refrain from providing particular Services ordered and issue a refund, wholly or in part, on the basis that minimum system requirements were not met, or the technical needs (including overcoming physical or technical barriers that include wiring) or other customer requests are unusual or extensive and beyond the scope of this Terms of Service or the agreed upon scope of work.

As set forth below, there are no other warranties for the Services.

SecurityCoverage makes no warranties or representations with respect to advice, guidance, information or other content posted to the Support portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Support content and other third party content available on the Site.

If Our technician’s ability to render certain Services is impaired by You or circumstances beyond Our control, the control of the technician, and/or the control of a Vendor, a choice not to provide services may be made. In addition, We shall not be responsible for circumstances beyond Our reasonable control.

We shall not be liable for money damages under this Terms of Service for any reason whatsoever. Your sole remedy for any defective workmanship with respect to Service ordered and performed by a technician shall be for rework performed by Us, Our technicians or Our Vendors.

DISCLAIMER OF OTHER WARRANTIES

YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SECURITYCOVERAGE DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. SECURITYCOVERAGE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. 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.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WE DO NOT WARRANT THAT THE SERVICE, SOFTWARE, OR VENDOR SOFTWARE OR INFORMATION PROVIDED BY US WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, CORRECT, RELIABLE, EFFECTIVE, COMPLETE, USEFUL, OR FREE OF VIRUSES, WORMS, OR THE LIKE. WE 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. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE SOFTWARE, OR VENDOR SOFTWARE OR THE INTERNET. WE MAKE NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, SOFTWARE, OR VENDOR SOFTWARE, THE WEBSITE OR ANY LINKS DISPLAYED. WE MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES, SOFTWARE, OR VENDOR SOFTWARE WILL PROTECT YOU FROM A COMPUTER HACKING ATTACK OR ANY OTHER CRIMINAL ACTIVITY. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, OR VENDOR SOFTWARE, AND THE WEBSITE, AND THE INTERNET GENERALLY. DO NOT USE ANY FACET OF THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, EQUIPMENT, DATA, SOFTWARE, HARDWARE, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

ALL DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO OUR VENDORS AND MARKETING PARTNERS AS THIRD PARTY BENEFICIARIES OF THIS TERMS OF SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (OR OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, OR AFFILIATES), OUR VENDORS OR MARKETING PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING: (A) ANY GENERAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS, LOST PROFITS OR LOSS OF REVENUE OR LOSS OR DAMAGE TO DATA, USE OF THE WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO THE WEBSITE), ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, INFORMATION PROVIDED BY US OR ANY OF OUR VENDORS, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICES, SOFTWARE, OR VENDOR SOFTWARE PROVIDED BY US AND/OR OUR VENDORS OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES, SOFTWARE, OR VENDOR SOFTWARE PROVIDED HEREUNDER, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH WE (AND OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES), OUR VENDORS AND MARKETING PARTNERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS TERMS OF SERVICE 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.

WE RESERVE 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 THIS TERMS OF SERVICE (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

BY USING OUR SERVICE, SOFTWARE, OR VENDOR SOFTWARE YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS US AND OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, OUR VENDORS AND MARKETING PARTNERS FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM ACTIONS TAKEN OR INACTIONS BY US, OUR VENDORS AND MARKETING PARTNERS.

If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents or users from other states, countries or territories waive such other similar provisions in their state, country or territory.

DISPUTE RESOLUTION

In the event you have any disputes, issues, problems, claims or controversies (collectively “Dispute”) with us, our Vendors or Marketing Partners as a result of the Services or this Terms of Services, you agree to raise such Dispute in writing within thirty (30) days of occurrence. If you do not raise such Dispute within the timeframe mentioned above, each of the aforementioned parties shall be deemed released from any obligations it might have.

If a dispute arises between You and SecurityCoverage, You should first attempt to resolve it by contacting Our Support Center at 1-877-373-3320 or by sending the details of Your complaint, including Your contact information for a response to the address, or fax #, listed below. We will attempt in good faith to resolve all Claims submitted this way within ten (10) business days of receipt.

SecurityCoverage Support Center Address:

SecurityCoverage, Inc.

ATTN: Legal/Dispute Resolution

6060 Huntington Court NE

Cedar Rapids, IA 52402

Fax +1 319-298-4710

USE OF SOFTWARE AND TOOLS

SecurityCoverage may need to download and/or run software on Your Device to help diagnose and resolve Your technology problem. SecurityCoverage uses several types of software to remotely connect to Your Device, diagnose, modify settings or software, utilize tools to improve Device performance, and provide general support to help resolve Your technology problem.

You acknowledge and agree that use of all SecurityCoverage software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) 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 without modification. 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 (usually thirty days) unless You purchase a license to continue using such Software. You may use the SecurityCoverage 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.

CUSTOMER RESPONSIBILITIES

You must cooperate with SecurityCoverage and promptly respond to Our requests for information and comply with Our requests to take 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.

REGISTRATION, PASSWORDS AND SECURITY

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 SecurityCoverage, 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 SecurityCoverage immediately upon learning of any unauthorized disclosure or use of Your password or other account information. SecurityCoverage has no liability for any unauthorized use of the Services under Your account or on Your Device.

FEES AND PAYMENT

The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fees for the Services will be charged directly on Your credit card, or passed through a Marketing Partner, and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.

For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless You have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one-time set-up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is twelve (12) months.

Unless You have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, You may cancel any unused Subscription Service within five (5) days following Your purchase of the Subscription Service, by contacting SecurityCoverage. Otherwise, the fees for the Subscription Service do not qualify for a full refund.

By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize SecurityCoverage to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs SecurityCoverage that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact SecurityCoverage if You do not wish to renew Your Subscription Service; if You do not contact SecurityCoverage, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at SecurityCoverage’s then-applicable fees.

Certain Services, Subscription Services, membership plans and purchases are not billed directly by Us and are billed to You by third parties and Your form of payment is based on Your agreements with such third parties or Us. We are not party to the agreements between You and such third parties nor are liable for any marketing claims or terms of service represented to You by such third party, Vendor or Marketing Partner; provided, however, in some cases, such third parties may remunerate Us for providing certain services to You.

Nonpayment. In the event that payment is not successfully effected on scheduled billing date we reserve the right to attempt to bill your form of payment an additional time to avoid cancellation or suspension of services. However, We reserve the right to immediately deny or discontinue Your services without notice at any time in the event We, Our designated agent, Marketing Partner or Vendor could not affect the placement of charges on Your form of payment or You fail to make timely payments as agreed.

Late Fees. If any portion of Your bill is not paid by the due date, we reserve the right to charge you a late fee on unpaid balances and may also terminate or suspend Your Services without notice. The late fee will be the greater of 1) five percent (5%) per month or 2) the maximum amount permitted by law. In the event we utilize a collection agency or resort to legal action to recover monies due, You agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees.

We, our Marketing Partners and Vendors reserve the right to increase or decrease fees for Subscription Services for any future or subsequent renewal term. If You wish to cancel the Subscription Service, You may do so; otherwise the increased or decreased fee shall apply for all subsequent billing periods.

SERVICE AVAILABILITY AND LIMITATIONS

The Services You select may not be available at all times or in Your geographic location, and may not be available in the format generally marketed, and some computers and Devices may not be able to receive the Service even if initial testing showed that Your connection was qualified or Your computer, or Device, environment was suitable. All Services are provided on an AS IS basis. Rate, access and availability of Service are not guaranteed.

We or Our Vendors and Marketing Partners may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability.

If You request Service, when applicable, we 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 Our control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in Our ability to perform or deliver any Service. You hereby release Us, Our Marketing Partners, and Vendors from any and all liability, and agree that We shall not be liable to You or any third party for any direct or indirect damages, resulting from such delays.

Certain Services may NOT be compatible with Your computer, Device, or operating system and are subject to certain system requirements. It is Your responsibility to investigate and understand such compatibility issues and requirements prior to purchase of any Services. We have no responsibility to provide any Services to incompatible systems or computers or systems or computers that do not meet the appropriate system requirements.

SecurityCoverage reserves the right to terminate Your Subscription Service, upon notice, if SecurityCoverage determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You or Your business, if applicable, (d) for any Device other than a registered system, (e) for resale purposes, (f) for extraordinarily high volume purposes, or (g) as a virtual support center. TotalTech Premium – Unlimited plans are for “single-family” households, and are only to be used for the covered devices at the residence. In the event that Your Subscription Service is terminated, SecurityCoverage will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.

USE OF THE SERVICES

Your use of the Services is only for Your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services.

You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) SecurityCoverage’s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. SecurityCoverage reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from SecurityCoverage. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of SecurityCoverage. Any rights not expressly granted herein are reserved by SecurityCoverage.

RESTRICTIONS

You shall not: (a) “mirror” any Content on the Site on any other server without SecurityCoverage’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of SecurityCoverage or its customers or its vendor partners, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) 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, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, 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; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

If You have purchased TotalTech Premium – One Device subscription Services the subscription applies to a single device (e.g. computer, smartphone, tablet or other connected electronic device). Troubleshooting of other peripheral devices (e.g. printer, home network) may require an additional fee.

If You have purchased TotalTech Premium – Unlimited subscription Services, You may obtain Services for an unlimited number of computers and consumer electronic devices, provided that all of those devices are located at a single physical address for a “single-family” household. Home security and automation systems, connected appliances and autos, and smart home devices (e.g. smart thermostat, smart lightbulb, smart lock, etc.) are excluded from this plan. Devices located at any other physical address cannot be added to Your TotalTech Premium – Unlimited subscription.

If You have purchased TotalTech Professional business subscription Services, You may obtain Services for the permitted number of Users based on your subscription plan. You will need to provide a list of covered Users and User devices. You may not obtain services for Your business computers unless the identifier matches a record in Our system. If You wish to remove one User from Your TotalTech Professional subscription and substitute another User, please contact Us as limitations can apply. Certain plans are available that include remote server support for a specified number of servers. Current server support covers Windows-based servers (version 2008, 2012 and 2016).

NOTICE AND MODIFICATIONS TO THE SERVICE

We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.

Notice of changes to this Terms of Service will be deemed given upon posting to the pages on the Website.

Notices and communications to SecurityCoverage must be sent to the applicable address given in these Terms or to contact@securitycoverage.com.

SECURITY

While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event We cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.

SUBMISSIONS

All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to SecurityCoverage (“Submissions”) shall be considered non-confidential and SecurityCoverage’s property. By providing such Submissions to SecurityCoverage, You agree to assign to SecurityCoverage, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. SecurityCoverage shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that SecurityCoverage may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.

You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:

• restrict or inhibit anyone from using and enjoying the Site or the Site’s services;
• are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
• constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
• violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
• contain malware, spyware, or other code that manifest contaminating, malicious or destructive properties;
• contain embedded links, advertising, chain letters or pyramid schemes of any kind;
• constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
• contain sensitive, proprietary or confidential information about Yourself or others.

Except as may be expressly permitted in connection with one of the Site’s services, You also may not offer to buy or sell any product or service on or through Your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of Your activities and You submit Submissions at Your own risk.

By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and We may delete or destroy any such Submissions at any time.

 INTERNATIONAL USE

Currently, the Services are only available for residents of the United States and Canada. SecurityCoverage may, from time-to-time, offer Products and/or Services to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You represent and warrant that You are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.

PROPRIETARY RIGHTS

SecurityCoverage respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. SecurityCoverage is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.

TRADEMARK INFORMATION

SecurityCoverage, the SecurityCoverage logo, SecureIT, SecureIT Live, SecureIT Plus, SecureIT Pro, Tech Home, Tech Office, TotalTech, FileHopper, Password Genie, Identi-Fi and all Our other product names, service names, slogans, and related logos are registered trademarks or trademarks of SecurityCoverage. You are not permitted to use these trademarks, or any other SecurityCoverage trademarks, without the prior written consent of SecurityCoverage. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of SecurityCoverage and its products, and (2) an endorsement of the company or its products by SecurityCoverage.

DEALING WITH THIRD PARTIES

In the course of delivering the Services to You, We may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although We may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, 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, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that SecurityCoverage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by SecurityCoverage.

TERMINATION

SECURITYCOVERAGE RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, SECURITYCOVERAGE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION SECURITYCOVERAGE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

GOVERNING LAW

This Terms of Service are governed by the laws of the State of Iowa, without regard to choice of law rules. Any dispute, controversy or claim arising out of or relating to this Terms of Service or the breach, termination or validity thereof shall be finally settled at SecurityCoverage’s discretion in either: (i) the Iowa District Court for Linn County, or the United States District Court for the Northern District of Iowa; or (ii) binding arbitration in the city of Cedar Rapids, Iowa by a panel of three arbitrators chosen, and an arbitration proceeding conducted in accordance with the rules then applying of the American Arbitration Association. Should SecurityCoverage prevail in any such action or arbitration, SecurityCoverage shall be entitled to an award of its reasonable attorney’s fees and other costs incurred with respect to such action or arbitration. The parties further agree that judgment on the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SECURITYCOVERAGE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

NOTICE TO CALIFORNIA USERS

AN ESTIMATE AS REQUIRED (SECTION 9844 OF CALIFORNIA BUSINESS AND PROFESSIONS CODE) FOR INDIVIDUAL SERVICES, OR REPAIRS, SHALL BE GIVEN TO THE CLIENT BY THE SERVICE DEALER IN WRITING, AND THE SERVICE DEALER MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT PRIOR CONSENT OF THE CLIENT. WHERE PROVIDED IN WRITING, THE SERVICE DEALER MAY CHARGE A REASONABLE FEE FOR SERVICES PROVIDED IN DETERMING THE NATURE OF THE MALFUNCTION IN PREPARATION OF A WRITTEN ESTIMATE OR REPAIR. FOR INFORMATION CONTACT THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO CA 95814.

GENERAL INFORMATION

The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and SecurityCoverage and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and SecurityCoverage. The failure of SecurityCoverage to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties” intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without SecurityCoverage’s express written consent. The Terms inure to the benefit of SecurityCoverage’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Last Revised: November 27, 2017