TERMS AND CONDITIONS

THIS TERMS OF SERVICE (the “Agreement”) as well as the Support Plan selected by You (“You” or “Subscriber”) when You register for the Elite Support Group, LLC remote technical support services (the “Services”) constitutes the entire agreement between You and Elite Support Group, LLC (“ESG”) regarding the Services. Please read this Agreement carefully as it sets forth important terms and conditions regarding Your use of the Services and ESG’s obligations to provide the Services to You. In order to register for the Services, You acknowledge that You have agreed to all of the terms of this Agreement and that You have agreed to become a party to, and be legally bound by, this Agreement. If You have any questions regarding this Agreement, please contact service@elitesupportgroup.com. This Agreement was last revised on October 1, 2013.
1. Description of the ESG Services. Subject to the terms and conditions set forth herein and the specifics of each Service Plan, ESG provides remote technical support to consumers of personal electronics via telephone, on-line chats, and email. The products that are supported by ESG (the “Supported Products”) and the Services are described in detail on the ESG website. Services will be provided by ESG’s technical support representatives (“TSR’s”) using commercially reasonable efforts to solve problems that arise in connection with Subscriber’s proper and authorized use of the Supported Products.

2. Subscriber’s Obligations. You acknowledge and agree that most, though not all, issues can be corrected through close cooperation between the TSR and the Subscriber. In order to facilitate the prompt resolution of support issues, Subscriber shall provide to ESG reasonably detailed documentation and explanations, together with underlying data, to substantiate issues and to assist ESG in its efforts to diagnose and correct problems. Subscriber shall listen carefully to the TSR at all times and follow the instructions issued by the TSR. Subscriber represents and warrants that it has working knowledge of its hardware system, any relevant software, and the facts and circumstances that give rise to a support incident. Subscriber shall ensure that the full system, including software and hardware, is available and accessible to Subscriber during a support session. ESG shall not be responsible for any lost or corrupted software or data. It is Subscriber’s sole responsibility to ensure the maintenance of a complete data backup and disaster recovery plan.

3. Limitations/Exclusions. ESG shall have no obligation to support:

Supported Products that have been altered, damaged or modified
Services and products not included in your Service Plan
Problem diagnosis and support that may not be completed because of a problem with
Your computer or other equipment, or because their configuration is beyond our control;
Software, including the operating system and software which are not compatible with the hardware on which they are installed; and
Problems caused by:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance;
Accessories, parts, or components not compatible with the product;
Failure to follow instructions issued by the TSR; and
Errors due to negligence, hardware malfunction or other causes beyond the reasonable control of ESG.

4. Third Party Software. ESG may suggest that You acquire, install and use certain third party software (“Third Party Software”). ESG 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. 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 prior to installation or use of the Third Party Software, even if ESG assists You in the acquisition, installation, and/or use of Third Party Software. You must ensure that you comply with the terms and conditions under which You licensed all Third Party Software or purchased any equipment. We do not warrant or represent 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.

5. Fees. You hereby further authorize ESG to charge the credit or debit card that You provide at registration for the monthly fee associated with Your Service Plan (the “Monthly Fee”) as it accrues on a monthly or other recurring basis as specified in your registration form. All Monthly Fees are non-refundable. You must notify ESG of any changes to Your credit or debit card account (including, without limitation, applicable account number or cancellation or expiration of the account), Your billing address, or any information that may prohibit ESG from charging Your account. If ESG is unable to collect the Monthly Fee from Your credit or debit card, ESG shall provide You with written notice of such non-payment and may, at ESG’s option, extend the payment deadline to allow You to provide an alternate credit card number. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by ESG. In the event of collection enforcement, You will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other applicable taxes, other than taxes based on ESG’s net income.

6. Term and Termination. (a) Term. Unless earlier terminated pursuant to the provisions of this Section 6, this Agreement shall be effective upon registration and remain in effect for the term (the “Term”) You selected at registration. Upon expiration of the Term, your subscription to the Services shall automatically renew on a monthly basis and Your Credit Card will be charged at the prevailing Monthly Fee for the Service Plan You selected at registration. If You would like to opt out of ‘Auto Renewal’, You must call 800-641-3314 or email customer service at least 30 days prior to the end of the Term. (b) Termination for Cause. ESG may terminate or suspend Your Support Plan immediately without notice if, in the sole discretion of ESG: (a) You are in breach 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 Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, ESG’s network, or the use and enjoyment of other ESG subscribers; (d) ESG ceases to offer the Services for any reason or (f) ESG determines that You are abusing the Services. ESG shall incur no liability resulting from terminating or suspending Services to Subscriber.

7. Termination and Refund of Services. You may cancel the Services at any time by providing ESG with a notice of your intent to cancel your services by calling 800-641-3314. You acknowledge that the cancellation will be effective from the beginning of the next month after you provide notification to ESG via e-mail. ESG will provide you with email confirmation of both your request to cancel Services and the actual cancellation of Services. You are entitled to receive 100% of your money back in case we are unable to solve even one your computer/peripherals related issues to your satisfaction, or not solved within the time frame promised to you. You must apply for this refund within 90 days of purchase of your plan. In order to avail the Money Back Guarantee, you are required to send an email to service@elitesupportgroup.com stating your name, details of the plan and the reason for seeking a refund. We would revert to you within 3 working days on details of your refund. You will receive a refund or partial refund or any credits for any charges already billed to your account in proportion to the amount of time left in your subscription period. The time left in your account would be calculated to the nearest month left in your service period. There would be no refunds in case of incident based support if at least one of your issues has been successfully resolved. In case you have used our service and still file a chargeback, your account would become ineligible to receive a refund from us. In case you have used our service and still file a chargeback, your account would become ineligible to receive a refund from us. In case you have file a chargeback without asking us for a refund, your account would become ineligible to receive a refund from us.

8. Personal Use Only. ESG provides the Services for Your personal use and internal business purposes only to address the issues and Supported Products covered under your Support Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Services.

9. Fair Use Policy; User Conduct. Your use of the Services is subject to ESG’s “fair use” policy pursuant to which ESG may suspend or terminate Your access to the Services if in ESG’s sole discretion, You are abusing the Services by (i) exceeding the level of use reasonably expected from someone using the relevant Support Plan; or (ii) fraudulently allowing persons other than Subscriber to access the Services using Your Password. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid Monthly Fees. You are solely responsible for the contents of Your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.

10. Disclaimer of Warranties. The Services shall consist of commercially reasonable technical support. Subscriber agrees that the use of the Services is at Subscriber’s sole risk and that the Services are provided on an “AS IS” and “AS AVAILABLE BASIS. ESG makes no express or implied warranties or representations with respect to the Services (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). ESG does not warrant that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, error or virus free; nor does ESG make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. ESG provides no remedies for any loss of data resulting from use of the services and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of Your communications, data, or personalization settings. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.

11. Limitation of Liability. Neither ESG, nor its parents, subsidiaries, affiliates, officers or employees shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning the use or the inability to use the Services or INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, Data or other intangibles, In any manner, however caused and on any theory of liability, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the total and aggregate liability of ESG for any cause of action related to or arising under this Agreement exceed $5.00. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services.

12. Indemnification. You agree to immediately notify Company of and indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Services, (including the unauthorized use of Your account or any other breach of security known to You), the violation of this Agreement by You, or the infringement by You, or another user using Your computer, on any intellectual property or other right of any person or entity.

13. Incorporation of Terms of Access and Privacy Policy. You agree to follow and be bound by all of the terms and conditions contained in the Terms of Access and Use, which bind all users of the ESG website and are incorporated into and made a part of this Agreement by this reference. You may view the Terms of Access and Use. You also agree that other than the Personal Information identified in the ESG Privacy Policy, any information or data disclosed or sent to ESG over the telephone, electronically or otherwise, is not confidential or proprietary to You. If You have not yet reviewed the ESG Privacy Policy, incorporated herein by this reference, then please do so prior to agreeing to these Terms and Conditions.

14. Proprietary Rights. The Services, including, without limitation, any of ESG or its licensors’ Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of ESG and its licensors, and You shall have no interest in them whatsoever.

15. Modification or Discontinuation of the Services and/or this Agreement. ESG may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof and/or amend the terms and conditions stated herein (a) posting a revised version of the Terms of Service or a revised description of the Services on the ESG website, or by (b) sending information regarding any amendment to the Terms of Service and changes to the Services to the email address You provide to ESG when you register for the Services. You are responsible for regularly reviewing the ESG website to be notified of any amendments to the Terms and Conditions or the Services. Your use of the Services after an amendment to the Terms and Conditions or the Services shall be deemed acceptance by You of such amendments or modifications.

16. Notices. Unless otherwise provided herein, notices given by ESG to You will be sent by e-mail to the e-mail address You provide to ESG as part of the registration process, or to updated addresses which You provide to Company via notice consistent with this paragraph. Notices given by You to Company must be given by e-mail to service@elitesupportgroup.com or such updated address and number as Company may provide You consistently with this notice provision. Notwithstanding anything herein to the contrary, it is Your sole responsibility to update Your address for notices hereunder, and notice sent to the e-mail last provided by You to Company shall be valid and binding on You regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.


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