"advance pc guard" is the service mark of ALEPH INFORMATION TECHNOLOGIES INC. “advance pc guard” is the name and style under which APEPH INFO provides its technical support services. All references to advance pc guard refer to APEPH INFO.
Services include any advance pc guard Service Plan or Product Plan or Plan Order that you enter into with advance pc guard through use of the advance pc guard web portal located at advancepcguard.com (the "advance pc guard Portal"). These Terms govern and apply to all advance pc guard plans available through the advance pc guard Portal, and any use of the advance pc guard Portal. In the event of any conflict these Terms will prevail and control any Plan Order Form that you submit requesting Services ("Plan Order").
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the advance pc guard Portal. Materials are the proprietary and copyrighted work of advance pc guard and/or licensors and its suppliers.
"Software" means a computer program of any kind, whether owned by advance pc guard or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.
You may initiate the Services via telephone, via the Site, or other means made available by advance pc guard. advance pc guard will use commercially reasonable efforts to answer your technology problem and resolve the same for a fee as set forth in the Site or as quoted on the telephone, as applicable. advance pc guard 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 can support. Certain Services may have minimum system requirements.
advance pc guard Services includes Services that are available on a one-time basis, for a fee ("Incidental Services"); as well as subscription Services, which entitle you to more than one Service over a period of time, for a recurring fee ("Subscription Services") and one time free trial ( “LEAP services”).
The Services may sometimes not be successful because the problem may be beyond our ability to resolve remotely. If you have purchased an Individual Service from advance pc guard, 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 under 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 five (5) 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.
advance pc guard makes no warranties or representations with respect to advice, guidance, information or other content posted to the Community 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 Community content and other third party content available on the Site.
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. advance pc guard DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. advance pc guard 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.
advance pc guard in its sole election may terminate or suspend your Service immediately without notice if:
(a) you are in breach of any of these Terms (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, advance pc guard's network, or the use and enjoyment of advance pc guard's other users;
(c) advance pc guard receives an order from any regulatory/legal authority or court to terminate the Service you are using ;
(d) if advance pc guard for any reason ceases to offer the Service;
(e) if you are no longer a advance pc guard customer, or
(f) advance pc guard determines that you are abusing the Service.
advance pc guard, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.