Terms of Service

This document was last modified on February 27, 2008.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

These terms (the "Terms") govern your use of the web site at www.Secureitdirect.com ("Site") and any computer support services provided either by telephone or computer (the Site and the computer support services are collectively referred to as the "Services") provided by SecurityCoverage, Inc., owner and operator of www.Secureitdirect.com, its subsidiaries, affiliates and contractors ("SecureIT," "we" or "us"). By accessing, ordering or using the Services via telephone or online via the Site, you ("You" or "Your") and other users of the Services (collectively, "Users") agree to these Terms and our Privacy Policy. If You do not agree to these Terms, You may not access or use the Services.

Terms of Use

We provide You with access to and use of the Services subject to Your compliance with the Terms. SecureIT reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to SecureIT is correct and complete, and (f) any payment or credit card information You supply is correct.

Authorization to Access Your Computer

You acknowledge that by Your use of the Services You are authorizing SecureIT to access and control your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the services, SecureIT may download and use software, gather system data, take remote control of Your computer and access or modify Your computer settings. By accepting these terms, You hereby grant SecureIT the right to connect to Your computer, download and use software on Your computer to gather system data, repair your computer, take remote control of Your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, You agree that SecureIT has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.

Data Backup

SECUREIT DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT SECUREIT OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

SECUREIT DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

Scope of Services

You may initiate the Services via telephone, Site, or other means made available by SecureIT. SecureIT will use reasonable efforts to answer Your personal technology question and resolve Your personal technology problem for a fee as set forth in the Site or quoted on the telephone. SecureIT may provide certain portions of the Services or the entire Services via remote control session, online chat or e-mail. We may set forth limits to the personal technology we support. Certain Services may have minimum system requirements.

Warranty

The Services may not be successful because the problem may be beyond our ability to resolve remotely. If we are not able to answer Your question or resolve Your technology problem and You have complied with all Your obligations in these Terms, You can call us by telephone within forty-eight (48) hours from the time you originally received the Services and we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If we cannot resolve the problem then, at the discretion of SecureIT, we will refund the fees paid for the Services. Such refund shall only be provided if You request the refund within forty-eight (48) hours from the time the Services were rendered and we have determined that we cannot resolve the problem. As set forth below, there are no other warranties for the Services.

DISCLAIMER OF WARRANTIES 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. SECUREIT DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. SECUREIT MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS' 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Use of Software and Tools

SecureIT may need to download and/or run software on Your computer to help diagnose and resolve computer problems. Secureitdirect.com uses several types of software: the first type provides computer system information to SecureIT which helps us diagnose and resolve your technology problem, the second type allows SecureIT to remotely connect to and control your computer, and the third type generally consists of utilities and other tools to improve computer performance and help solve your technology problem.

You acknowledge and agree that use of all SecureIT software and third-party software and tools (accessed, downloaded or otherwise provided or made available with the Services (collectively "Software") are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third-party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the SecureIT software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.

Customer Responsibilities

You must cooperate with SecureIT and promptly respond to our requests for information and comply with our requests to take actions to resolve Your technology problem. You must consent to the downloading and use of Software on Your computer and accept all applicable license agreements for the Software.

Monitoring of the Services

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You acknowledge and agree that we do retain the right to monitor and record the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or our customers. Please see our Privacy Policy for further details.

Registration, Passwords and Security

In order to use certain Services, we may require that You register. During the registration process, You may be asked to designate, or we may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from SecureIT, and are responsible for all activities that occur using that password or other account information. You must notify SecureIT immediately upon learning of any unauthorized disclosure or use of Your password or other account information. SecureIT has no liability for any unauthorized use of the Services under Your account or on Your computer.

Fees and Payment

The applicable fees for the Services You order will be quoted on the telephone and may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.

Service Availability

The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.

Use of the Services

You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services ("Content") unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) SecureIT trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; (3) no modifications are made to any Content; and (4) SecureIT has reviewed and authorized such use. The rights granted to You in connection with the Services constitute a license and not a transfer of title. SecureIT reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from SecureIT. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of SecureIT. Any rights not expressly granted herein are reserved by SecureIT.

Restrictions

You shall not: (a) "mirror" any Content on the Site on any other server without SecureIT's prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, web site, personnel or equipment of SecureIT or its customers or its suppliers, including but not limited to interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form ("SPAM") in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

Modifications to the Services

We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for doing so.

Security

While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.

Submissions

All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to SecureIT ("Submissions") shall be considered non-confidential and SecureIT's property. By providing such Submissions to SecureIT, You agree to assign to SecureIT, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. SecureIT shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions You provide in connection with the Services may be purged periodically at SecureIT's sole discretion.

International Use

Currently, the Services are only available for residents of the United States. SecureIT may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable export laws and regulations, including without limitation, those of the United States Department of Commerce. You represent and warrant that You are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list.

Proprietary Rights

SecureIT respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials.

Trademark Information

SecureIT, SecurityCoverage, all SecureIT product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of SecurityCoverage, Inc. Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any SecureIT marks without the written consent of SecureIT. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of SecureIT and its products, or (2) an endorsement of the company or its products by SecureIT.

Links from and to the Site

This Site may contain hyperlinks to web sites that are not controlled by SecureIT. SecureIT is not responsible for and does not endorse or accept any responsibility over the contents or use of these web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of SecureIT. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.

Dealings with Third Parties

Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that SecureIT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by SecureIT.

TERMINATION

SECUREIT RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, SECUREIT WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION SECUREIT MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SECUREIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SECUREIT, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF SECUREIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF SECUREIT TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US $100.00.

Applicable Law; Arbitration; Jurisdiction

You agree that the laws of the state of Iowa, excluding its conflicts-of-law rules, shall govern these Terms. Except for actions for injunctive relief to protect SecureIT intellectual property, any dispute arising out of the Services shall be subject to binding arbitration in Linn County, Iowa. Such arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined with an arbitration involving any other party subject to these Terms through class arbitration proceedings or otherwise.

In the event SecureIT seeks injunctive relief against You for breach of its intellectual property rights, You expressly agree that exclusive jurisdiction for any claim or dispute with SecureIT or relating in any way to Your use of the Services resides in the state and federal courts of Linn County, Iowa, and You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Linn County, Iowa, in connection with any such dispute and including any claim involving SecureIT.

You agree that, notwithstanding any statute of limitations or other law that provides otherwise, any claim or cause of action arising out of or relating to the Services, these Terms or the Site must be filed within one (1) year after such claim or action arose or be forever barred.

Electronic Communications

The information communicated on this Site constitutes an electronic communication. When You communicate with us through the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide 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 us.

Notices and communications to SecureIT must be sent to the applicable address given in these Terms or to info@securitycoverage.com

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of SecureIT is currently located at 230 2nd Street SE, Suite 312, Cedar Rapids, Iowa 52401, phone (319) 298-4700. The charges for the Services are specified on the Site. If you have a complaint regarding the Services, please contact SecureIT by writing to the address above, or by e-mail at info@securitycoverage.com, or by calling (319) 298-4700. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.

General Information

This version of the Terms is currently effective. You should check these Terms periodically for modifications as we may modify the Terms from time to time without notice to You. By using the Services following any modifications to the Terms, You agree to be bound by such modifications. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and SecureIT and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and SecureIT. The failure of SecureIT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without the express written consent of SecureIT. The Terms inure to the benefit of SecureIT successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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