For avoidance of doubt, this Agreement applies to:
- Services: Your purchase of WebzEngine's Technical Support, WebzEngine's non-Software technical support services for your computer, including non-Software repair, maintenance, and technical support (together, "the Services") as described more fully in these Terms; and
- Websites: Your access to and use of WebzEngine's Website: www.webz-engine.com;
This Website is intended for visitors from the United States. The Website is not intended for any children under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE WebzEngine's SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Payments for Purchases and Automatic Renewals
If you purchase the Services and your payment is not successfully processed, we will attempt to notify you and your services will be suspended and you will have up to thirty (30) days to contact WebzEngine to correct or update your billing information. At the time your service(s) are reinstated, you will be billed for the full period for which you have contracted the Services (in other words, the amount due for the contracted period of time will not be pro-rated) and, in addition, you also may be billed a reinstatement fee. If you do not correct or update your account information during the thirty (30) day period, your Services account will be cancelled. When your billing information has been corrected or updated, your subscription will be effective as of your original date of purchase and you will be billed accordingly.
When you purchase Services, you are entitled to use the Services, as applicable, for the duration of the initial period you purchased, which is set forth in the documents and information relating to your purchase ("the Initial Subscription"). At the end of the Initial Subscription, WebzEngine automatically will renew the following Services (“Auto-Renew Services") for successive periods of the same duration.
WebzEngine automatically will renew Auto-Renew Services using the payment method you authorized at the time of your purchase, at the then current renewal price. For annual subscriptions, WebzEngine will notify you by email, sent to the email address you provided in connection with your purchase, prior to the renewal date, of the impending renewal, the renewal deadline and the renewal price. WebzEngine automatically will renew Auto-Renew Services for successive renewal periods until it is cancelled. You may cancel automatic renewal service at any time by telephoning WebzEngine at (631) 378-1523 during normal business hours. Business hours are posted at http://webz-engine.com/contact-us.php.
Renewal payments are billed on or about the last day of the Initial Subscription and each renewal period thereafter until the applicable subscription is terminated.
Electronic Signatures and Agreements
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service. You agree that if you are ordering services on behalf of a company, that you have sufficient authority to bind that company to this Agreement.
We reserve the right to refuse or discontinue the supply of the services and products to any user at any time at our sole discretion.
WebzEngine will use commercially reasonable efforts to assist you, and to repair your computer if required, in return for payments that are described to you telephonically or are set forth on the Websites.
In order to diagnose and resolve technology problems with your computer, WebzEngine technicians must access your computer. Requesting technical support from our technicians constitutes your agreement that our technicians may provide the following Services:
Connect to, temporarily remotely control your computer, and temporarily modify your computer settings for purposes of providing assistance and repair if required; Download certain diagnostic and repair software to your computer and use the software; Gather, transfer to servers, examine and analyze information on your computer; Repair your computer problems if required; and Provide advice on the use of your computer.
We use software that: (a) provides non-personal computer system information, including information about your computer's performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer's settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer's performance.
We use the software and the information it provides solely to attempt to diagnose and resolve existing and potential problems, and we use reasonable efforts to limit the software's access to personal information on your computer. However, you agree that, while providing Services, we may gain access to personal information on your computer, and you agree that WebzEngine has no liability for doing so.
Requesting Services also constitutes your agreement that:
- You are imposing no limitations upon WebzEngine's ability to gather, examine and analyze the information on your computer;
- WebzEngine's warranties and liability in connection with providing Services are strictly limited as set forth in these Terms in the Sections entitled "Disclaimers of Warranties" and "Limitation of Liability";
- WebzEngine reserves the right in its sole and absolute discretion, at any time, and without notice to you, to disclose to third parties, including law enforcement authorities, any information on your computer that WebzEngine deems appropriate to: (a) comply with any applicable law or regulation, legal process, or governmental request; or (b) prevent possible harm or injury to any person or damage to any property.
- You understand and agree that WebzEngine's Services may not be successful because the problems you are experiencing may be beyond WebzEngine's ability to address remotely.
We make reasonable efforts to address your computer problems in a timely manner, but there may be delays. You acknowledge and agree that delays may result from: (1) high levels of demands and our technicians' abilities to make return calls to you; (2) the need to "escalate" your computer problem to one or more technicians with additional expertise; and (3) our inability to reach you by telephone.
By accessing and using the Websites, you acknowledge and agree that the Websites contain information, photos, video, text, graphics, music, sounds, and other data including, but not limited to, developer tools, download areas, community forums, chat rooms, blogs, sharing sites and product and service information (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. All Content is copyrighted as a collective work under the U.S. copyright laws, and WebzEngine owns a copyright in the selection, coordination, arrangement and enhancement of the Content. WebzEngine's partners also may have additional proprietary rights in the Content that they make available through the Websites. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit the Content, in whole or in part. Modification of the Content or use of the Content for any other purpose, including use of the Content on any other Website or networked computer environment, is strictly prohibited.
Modifications to the Websites
You agree that WebzEngine, in its sole discretion, may make, and at any time, modify, suspend, or discontinue the Websites, or any part thereof, temporarily or permanently, at any time without notice to you, and you agree that WebzEngine will not be liable for the consequences of doing so.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES BY WebzEngine.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND WEBSITES ARE PROVIDED "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. WebzEngine EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, WebzEngine MAKES NO WARRANTY THAT: (1) THE SERVICES AND WEBSITE WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (2) THEY WILL BE ERROR-FREE; (3) THE OPERATION OF THE SERVICES AND WEBSITE WILL BE SECURE OR UNINTERRUPTED; OR (4) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES AND WEBSITE WILL BE ACCURATE OR RELIABLE. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WebzEngine'S PROVIDING YOU WITH ADVICE, CONSULTATIONS, INFORMATION, SERVICES CREATES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
YOUR USE OF THE SERVICES AND WEBSITE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE SERVICES AND WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WebzEngine, ITS SUPPLIERS AND BUSINESS AFFILIATES IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF TECHNICAL SUPPORT AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE EULA, OR YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICES AND WEBSITE. THE TOTAL, CUMULATIVE LIABILITY OF WebzEngine AND ITS SUPPLIERS AND BUSINESS AFFILIATES TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIAIBLITY, OR OTHERWISE, IN NO EVENT WILL EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR THE TECHNICAL SUPPORT OR ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS ON LIABILITY APPLY WHETHER OR NOT WebzEngine OR ITS SUPPLIERS OR BUSINESS AFFILIATES HAVE BEEN ADVISED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES.
Limitations of Actions Brought Against WebzEngine
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
WebzEngine reserves the right in its sole discretion, for any reason and at any time, and without prior notice to you, to terminate your access to Services and the Websites. If we terminate your subscription, we may, at our sole discretion, refund a pro rata portion of your subscription purchase price. You agree that WebzEngine will not be liable to you or to any third party for the consequences of any termination of your use or access to the Website or Services. In the event of any such termination, you agree that the provisions of the Agreement regarding Compliance with Intellectual Property Laws, Inappropriate Content, Prohibited Uses, Indemnification, Disclaimer of Warranties, Limitation of Liability, Limitations of Actions Brought Against WebzEngine, and Applicable Law; Dispute Resolution shall survive any such termination.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WebzEngine AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, PARENTS, AFFILIATES AND AGENTS FROM LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DEMANDS, DISPUTES, CAUSES OF ACTION, LOSSES, DAMAGES AND COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF LITIGATION, RESULTING FROM OR IN ANY WAY CONNECTION WITH: (1) YOUR PURCHASE OF SERVICES; (2) YOUR USE OF THE WEBSITES; (3) YOUR FAILURE TO COMPLY WITH THESE TERMS; AND (4) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. YOU AGREE TO NOTIFY WebzEngine IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Yearly Subscription and Start Up Fee for Monthly Subscriptions: You may request a refund within ten (10) days of the original purchase date of a yearly subscription or a monthly subscription. However, if during that ten (10) day period, WebzEngine either attempted to or did address the problems you were experiencing, you agree that WebzEngine may retain a portion of the purchase price, to be determined by WebzEngine in its sole and absolute discretion, which retained portion will represent the reasonable value of the services we provided, as determined by WebzEngine in its sole and absolute discretion. Beginning ten (10) days after the date of purchase of a yearly subscription or monthly subscription, the yearly or monthly subscription fee is not refundable.
Month to Month Subscriptions (Recurring Monthly Fee): Monthly subscription fees are not refundable under any circumstances. You may cancel future monthly subscription fees at any time before the next applicable monthly payment is due.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that WebzEngine reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
The information communicated on the Website constitutes an electronic communication. When you communicate with WebzEngine through the Website or via other forms of electronic media, such as e-mail, you are communicating with WebzEngine electronically. You agree that WebzEngine may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that WebzEngine provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Modifications to the Agreement
WebzEngine may make changes to this Agreement from time to time in its sole discretion by updating this posting on this Website without notice to you. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of this Agreement has been posted. Certain provisions of the Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into the Terms and to supersede the provision(s) of the Terms that are designated as being superseded. WebzEngine may assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party at our discretion. No delay by WebzEngine in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect WebzEngine’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by WebzEngine in writing.