This document consists of the Terms of Service Agreement (“Agreement”) between Systemheal, a Texas corporation (“Systemheal”), and the user or website and/or purchaser of any product or service offered on this website (“You”),and is effective as of the date of electronic acceptance or Your use or purchase. By accessing this website, and as a requirement and condition precedent to you being able to use any of the tools, functions and services offered You by this website, subscribe to any service, purchase any product or service, or view any text or graphics on this website.
You acknowledge that you have read, understood and agree to be bound by each and every one of the terms and conditions contained in this Agreement. In the event, you do not agree to be bound by each and every term and condition contained in this Agreement, you must leave this website promptly, and you may not retain or purchase any service, service plan or product offered on this website.
Systemheal may, in its sole discretion and without any notice to You, change or modify any of the terms or conditions of this Agreement, which changes will be effective upon posting to this website. Your continued use of the website after changed to this Agreement are posted constitutes your acceptance of the amended terms and conditions.
This website and the products and services offered by this website are only available to those who can form binding contracts under applicable law. You represent and warrant that You are eligible to form a binding contract on your own behalf and on behalf of any individual or entity for whom you are accessing this website. You must be over the age
of eighteen (18) to access or use any of the tools, functions and services offered You by this website, subscribe to any service, purchase any product or service, or view any text or graphics on this website.
- Available Services
Services may be purchased on a fee-for service basis or on a subscription basis. In order to access services, You must submit a service order through the Systemheal portal or by calling Systemheal. Systemheal will confirm the requested service is related to the registered computer and otherwise covered by the Service Plan, and send an e-mail to the registered e-mail address with instructions for obtaining service.
For services performed on a fee-for-service basis, the service will address a single issue or problem on Your personal computer. For services performed on a subscription basis, You will be entitled to service of issues or problems that fall within the Scope of Services set forth below, for a specified period of time.
- Scope of Services
Systemheal will act in all commercially reasonable ways to establish the nature of the problem(s) or issue(s) on a registered computer for a registered user; and to locate, analyze and correct those errors, problems or issues, including the following:
1.Removal of viruses
2. Computer and printer software solution
Service Plans do not include service for any of the following:
Any type of hardware support,replace Problems or issues for which service was not requested during the time period of the Service Plan; Problems or issues that may not be resolved due to a problem with your computer or other equipment, or configuration that is beyond our control; Problems or issues with software, including the operating system and software added to the registered hardware products.
Problems or issues resulting from:
- External causes such as accident, abuse, misuse, or problems with electrical power
- Usage that is not in accordance with product instructions provided by the product manufacturer
- Failure to follow the product instructions provided by the manufacturer or failure to perform preventive maintenance;
- Usage of accessories, parts, or components not compatible with the product;
- Non Compliance with the Systemheal technician instructions for resolving the problem
- Malfunction of hardware such as power-supply, memory, processor,monitor or any other such hardware components.
Systemheal may, but has no obligation to, monitor and record the service session,including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Systemheal to monitor and record the services 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 or other users; to protect ourselves and/or other users; and to enhance the types of Services we may provide to You in the future. You also grant Systemheal 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.
- Minimum Requirements For Services
In order to receive services to a registered computer, the registered computer must be connected to the Internet via a broadband or high speed connection to the Internet to receive service, at all times service is rendered. You must also have a registered, valid copy of Microsoft Windows 2000 or XP, or newer, installed as your system’s operating software during all service periods. Your computer must be connected and operating while Systemheal is conducting repair, diagnosis, or downloading software or otherwise installing repair-related materials. You must allow us to download and install recommended software (including software that will require you to pay a licensing fee if ample freeware is not available); and you will be responsible for all licensing fees and registrations for the same. You also agree that we may remove any software that is creating conflicts or is otherwise determined by us to be harmful or otherwise disruptive to the appropriate efficiency or working of Your computer. We will endeavor to gain your prior approval before we install software or delete software, but You agree that we may install and/or delete software at our sole discretion without your prior approval if we
deem it, in our exclusive discretion, to be necessary to perform the services. You agree to hold us harmless from any loss/failure of any nature relating to our installation and/or deletion of software on your computer.
If you have Microsoft Vista installed on your computer, you may be required to disable your User Account Control (UAC). If you do render inoperative the UAC, You understand that your computer may be vulnerable to malware and other harmful programs and scripts during the short period that we are accessing your computer. You agree to hold us harmless from any failure and/or losses of any nature arising from this susceptibility of your computer arising from your temporary disabling of your UAC or your failure to correctly and promptly reestablish your UAC protections. You agree to promptly reactivate your UAC as instructed by us when we expire our access to your computer.
Systemheal shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Systemheal’ reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, a large scale outbreak of a new computer virus, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. You hereby release Systemheal from any and all liability, and agree that Systemheal shall not be liable to you or any third party for any direct or indirect damages whatsoever, including any refund of Service Plan, resulting from such delays. Systemheal or its suppliers may, at any time, without notice or liability, restrict the use of the services or limit its time of availability in order to perform maintenance activities.
- Termination and Cancellation
All subscription-based service plans purchased on this website (“Service Plans”) are subject to termination or cancellation by Systemheal, at any time without prior notice. In the event of such termination or cancellation, a refund for time remaining on such Service Plans will be refunded to You, on a pro-rata basis, by check sent to You within 30 days of such modification, termination or cancellation. Systemheal reserves the right to modify or enhance the procedures and/or features of its Service Plans to improve the quality of service, without notice to you.
- Right to Refuse, Suspend or Terminate Service
Systemheal reserves the right to refuse, suspend or terminate service to any user for any reason we deem to do so, in our sole discretion, without any prior notice, for example only, if we suspect that You are using a computer system in an improper or illegal manner. In the event of such refusal or termination, a refund for time remaining on such Service Plans will be refunded to You, on a pro-rata basis, by check sent to You within 30 days of such modification, termination or cancellation.
“Software” means a computer program of any kind, whether owned by or licensed to Systemheal or any third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. You acknowledge that all Software available on or through this website, and all text, code, graphics, features and elements thereof are protected under copyright, trade secret, unfair competition, and other laws, and that copying, reproduction and use thereof, except pursuant to license and/or as set forth herein, is strictly prohibited.
- Trademarks. Service Names, Service Marks, and other Intellectual Property
Systemheal or its licensors or suppliers retains ownership of all proprietary rights in the services, this website, and in all trade names, trademarks and service marks associated or displayed with the services. You are not authorized to use our trademarks, name, or any aspect of our various elements of intellectual property in any manner, including advertising, publicity or any commercial or non-commercial nature without Systemheal’ express written consent to the same.
- Third Party Products
As part of the Services, Systemheal may suggest that you acquire, install and use certain third party software or services (“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 or not Systemheal assists you in the acquisition, installation, and/or use of Third Party Software. Systemheal has no responsibility or 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.
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 representation or 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.
The registrant and owner of the website, www.vdosolutions.us (“Non-Affiliated Site”) is not affiliated with Systemheal. Systemheal is not responsible for anything, and makes no representations or warranties of any content appearing on or offered by the Non-Affiliated Site.
- Disclaimer of Warranty
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Systemheal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Systemheal MAKES NO WARRANTIES THAT:
(i) THE SERVICES AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS
(ii) THE SERVICES AND/OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR WEBSITE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR WEBSITE WILL MEET YOUR EXPECTATIONS
(v) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. ANY SOFTWARE IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY. Systemheal DOES NOT WARRANT THIRD-PARTY PRODUCTS.
- Limitation of Liability
SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL Systemheal BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES, EVEN IF V DO SOLTUIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL Systemheal’ LIABILITY EXCEED THE GREATER OF: (i) THE PRICE YOU PAID FOR THE SERVICES; AND (ii) FIFTY DOLLARS (U.S. $50.00) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.
You agree to indemnify, defend, and hold Systemheal, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including attorneys’ fees, resulting from your violation of the material terms of this Terms of Service Agreement, any misuse or abuse of a service, or any use of the service that amounts to infringement. You agree immediately to notify Systemheal of any unauthorized use of your account or any other breach of security known to you.
- Choice of Law and Forum
This Agreement shall be governed in accordance with the laws of the State of Illinois, United States of America, without regard to conflict of law provisions. You and Systemheal each agree that any and all claims, causes of action or disputes arising out of or relating to this Agreement or the relationship between you and Systemheal shall be brought exclusively in the courts located in Kane County, Illinois or the U.S. District Court for the Northern District of Illinois. You and Systemheal agree to submit to the personal jurisdiction of the courts located within Kane County, Illinois or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the relationship between you and Systemheal must be filed within one
(1) year after such claim or cause of action arose or be foreverbarred.
- Severability and Non-Waiver
If any terms, provision or portion of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, that term, provision or portion shall be enforced to the maximum extent possible, and all other terms and provisions contained in this Agreement shall remain in full force and effect. Systemheal’ failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision.
- U.S. Export Laws
This website, Systemheal’ services and Software are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control, State Department, and other United States authorities (collectively, “U.S. Export Laws”). You shall not use the services or Software to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. You shall not export or re-export, or allow the export or re-export of any service or Software in violation of any
U.S. Export Laws. None of the Services found at this website may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By accessing and/or using this website and the services, You agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If You access this website or the
services from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, You shall not access this website. The obligations under this section shall survive any termination or expiration of this Agreement.
- Compliance with Local Laws
Systemheal makes no representation or warranty that the content available on this website or the services are appropriate in every country or jurisdiction, and access to this website or the services from countries or jurisdictions where its content is illegal is prohibited. You are responsible for compliance with all local laws, rules and regulations.
- Entire Agreement; Successors and Assigns; No Third-Party Beneficiaries
This Agreement constitutes the entire agreement between you and Systemheal and governs your use of the services and Service Plans, superseding any prior version of this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.