You hereby acknowledge that circumstances outside of Esolvz's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Esolvz ability to schedule a support session. You hereby release Esolvz from any and all liability, and agree that Esolvz shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Esolvz or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
"Services" shall not include the following: 1. Any item or activity not covered by the terms of a Subscription; 2. Service beyond the duration limitations identified in your Subscription; 3. Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control; 4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan; 5. Problems that may and do result from: 1. External causes such as accident, abuse, misuse, or problems with electrical power; 2. Usage that is not in accordance with product instructions provided by manufacture; 3. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or 4. Problems caused by using accessories, parts, or components not compatible with the product. 5. Non Compliance with the Esolvz technician instructions for resolving the query.
For your convenience, Esolvz may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any Esolvz Web site may be copied or retransmitted unless expressly permitted by Esolvz Without limiting the foregoing, copying or reproduction of the materials or software to any other server or location for further reproduction, redistribution or any other purpose is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the eula accompanying such material or software.
In connection with our Service, we may provide to you, the use of certain software which is owned by Esolvz or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from Esolvz or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
With regard to any Software made available to you by Esolvz through the Esolvz Portal for which your acceptance of a separate license agreement is not required ("Esolvz Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Esolvz to use the Esolvz Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Esolvz Software. You agree that the Esolvz Software is the confidential and proprietary information of Esolvz or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein.
You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Esolvz Software, or otherwise reduce the Esolvz Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Esolvz Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Esolvz Software. You acknowledge that this license is not a sale of intellectual property and that Esolvz or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Esolvz Software and related documentation, as well as any corrections, updates and upgrades. The Esolvz Software may be used only in the country of residence at the time of acceptance of these terms for use of the Esolvz Software. Export of the Esolvz Software is strictly prohibited.
As part of the Services, Esolvz may suggest that you acquire, install and use certain third party software or services . 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 Esolvz assists you in the acquisition, installation, and/or use of Third Party Software. Esolvz 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.
Your license to the Esolvz Software shall remain in full force and effect unless and until terminated by Esolvz, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the Esolvz Software and immediately delete the Esolvz Software from your computer.
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.
As part of the Services, Esolvz may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Esolvz may elect to make available from time to time. Violation of such third party provider's terms of service may, in Esolvz sole discretion, result in the termination of your customer account and use of service.
Esolvz disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of mertchantability or fitness for a particular purpose, or otherwise. In the event that you are not satisfied with the services, your sole remedy is to (a) allow Esolvz to reperform the services subject to dispute, (b) re-download and reinstall the software. Some of the Esolvz service plans come with a 7- day limited service warranty as provided in online documentation for those specific plans. This 7- day limited service warranty is subject to fulfillment of the terms for the specific service plan which is in addition to the terms and conditions in this document Esolvz and/or its respective suppliers make no representations about the suitability of the information contained in the services, materials or the software for any purpose whatsoever. All materials and software are provided "as is" without warranty of any kind whatsoever. Esolvz and/or its respective suppliers hereby disclaim all warranties of any kind whether express or implied with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. The materials could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Esolvz and/or its respective suppliers may make improvements and/or changes in the materials and/or the software described herein at any time. In no event shall Esolvz and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data revenue or profits, whether in an action of contract, negligence or other tortious action, incurred by you or any third party, whether arising out of or in connection with the use or performance of services, materials or software, failure to provide the same, or information available in the materials.
Notwithstanding anything to the contrary in no event shall Esolvz be liable to you in excess of the amounts actually paid by you to Esolvz under the Subscription that is the subject of the dispute.
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
Esolvz at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Esolvz: (a) you are in breach of any of the Terms and Conditions (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, Esolvz network, or the use and enjoyment of Esolvz's other users; (c) Esolvz receives an order from a court to terminate the Service you are availing ; (d) if Esolvz for any reason ceases to offer the Service; (e) if you are no longer a Esolvz customer, or (f) Esolvz determines that you are abusing the Service. Esolvz, 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.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Esolvz's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Esolvz Portal is available internationally and may contain references to Esolvz products, services, and programs that are not available in a viewer's country. These references do not imply that Esolvz intends to make such products, services, or programs available in such country.
Esolvz reserves the right to amend the Terms and Condition, and the Esolvz Portal at any time by (a) posting a revised version of the Terms and Conditions on the Esolvz Portal (http://esolvz.com), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Esolvz in connection with registration. You are responsible for regularly reviewing the Esolvz website to be notified of any amendments to the Terms and Conditions.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.