iquilt Support service agreement
You should read and print this service agreement for your records.
This service agreement (the “Service Agreement”) is entered into by and between the person or entity using the Support Services (“you” or “your”) and iquilt (“we,” “us” or “our”) (you and us, each, a “Party” and, collectively, the “Parties”).
You understand that the security mechanisms in the Support Services have inherent limitations and that you are responsible for determining that the Support Services meet your needs.
Iquilt reserves the right to update the Service Agreement at any time in its discretion subject to reasonable prior notice. Your use of the Service Agreement after the effective date of such changes shall constitute your acceptance of the Service Agreement, as amended from time to time.
ALL DISCLAIMERS OF WARRANTIES, CONDITIONS AND LIABILITY CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT.
YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THE SERVICE AGREEMENT. THE SERVICES ARE GOVERNED BY THIS SERVICE AGREEMENT ONLY, AND NOT BY ANY OTHER SERVICE AGREEMENT WITH IQUILT (IF ANY).
iquilt Support (“Help Desk”) connects customers with support agents (“Help Desk Techs”) for help with access to and problems using of the iquilt Training Website via phone (“Support Services”).
- Consent for Internet-based services.The software offered for use with the Support Services connects to iquilt over the Internet. In some cases, you will not receive a separate notice when they connect. By using the Support Services, you consent to the transmission of information via the Support Services.
- Misuse of Internet-based services.You may not use the Support Services in any way that could harm iquilt or any other service provider or any computer network or system or impair anyone else’s use thereof. You may not use the Support Services to try to gain unauthorized access to any service, data, account or network by any means.
- Cooperation and Compatibility.iquilt’s ability to deliver the Support Services depends upon your full and timely cooperation as well as the accuracy and completeness of any information you provide. Also, you must have a validly licensed and working personal computer that meets the minimum requirements communicated to you by iquilt, if any, prior to your use of the Support Services. iquilt reserves the right to discontinue Support Services due to problems with your computer, your system requirements, or configuration, or for any other reasons that are beyond our control that make providing the Support Services impossible or impractical.
- Data Backup.Since data can be inadvertently lost, corrupted or breached, you understand and agree that you are wholly responsible for the backup of any and all data, software, information or other files stored on your computer, including all disks and drives, or other product or devices (collectively, “Your Data”) before using the Support Services. You understand and agree that iquilt may need to transfer Your Data to third party service providers in order to perform the Support Services. Any such transfer will be done in accordance with our Privacy Statement. To the maximum extent permitted by applicable law, iquilt is not responsible or liable for any loss or corruption of Your Data.
- Remote Access.Most Support Services require iquilt to connect remotely to your personal computer. When establishing the remote access connection, we will ask you to download third party software to establish the connection, and allow us to access your computer. You must agree to these steps in order for us to provide such Support Services to you. If we are not able to successfully establish a remote access connection to your computer we may not be able to provide you with Support Services. We may also run diagnostic tools on your computer to determine whether your personal computer meets the minimum system requirements for us to perform certain Support Services. You must agree to this step in order for us to provide those Support Services.
- Software Installations/End User License Agreements/Authority.If your Support Service includes software installations, regardless of whether the software is provided by iquilt or a third party software provider, you must have your software and your related software product keys available as a condition of the installation. By providing iquilt with information, software or applications to install or transfer on your behalf, you represent that you have the legal authority to authorize iquilt to take such action. You understand and acknowledge that iquilt may need to accept EULAs on your behalf for software installations related to the Support Services. You agree to comply with the terms of any such EULAs. If you request installation of software from a third party software provider in connection with the Support Services, you will be granted the opportunity to review the corresponding EULA. Any waiver of such opportunity shall be made under your sole responsibility. You also understand and agree that Iquilt does not control the terms of any third party EULAs and will not review such EULAs prior to accepting them on your behalf.
Links to third party sites
If you are presented with a link to a third party web site in the course of receiving the Support Services (regardless of whether such link is provided by a Help Desk Tech, is embedded on the web site on which you are receiving the Support Services or otherwise), you acknowledge and understand that the linked sites are not under iquilt’s control and iquilt is not responsible for the contents of any linked site or any link containing a linked site or any changes or updates to such sites, and provision of the linked sites does not constitute endorsement of any kind for the linked sites by iquilt. Further, iquilt is not responsible for webcasting or any other form of transmission received from any linked site.
- NO WARRANTY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IQUILT DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SUPPORT SERVICES, SOFTWARE OR OTHER MATERIALS OR INFORMATION PROVIDED BY US.
- Application of local laws.If and to the extent that applicable law gives you any implied warranties despite the exclusions and limitations in the Service Agreement, your remedy is limited, in the case of Support Services, to discontinuation of the Support Services.
Limitation of liability, exclusions, indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- IQUILT’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT THAT YOU HAVE PAID FOR THE SUPPORT SERVICE, REGARDLESS OF THE REASON FOR YOUR CLAIM;
- NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF YOUR DATA OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THE SERVICE AGREEMENT, ANY SUPPORT SERVICES OR ANY OTHER MATERIALS OR INFORMATION THAT IQUILT PROVIDES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND
- IF SUPPORT SERVICES ARE PROVIDED TO YOU FREE OF CHARGE, IQUILT’S TOTAL LIABILITY TO YOU WILL NOT EXCEED US$5.00 OR ITS EQUIVALENT IN LOCAL CURRENCY.
THIS EXCLUSION OF LIABILITY DOES NOT APPLY TO EITHER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION OR THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR IN THE EVENT OF FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
YOU ARE RESPONSIBLE FOR YOUR USE OF THE SUPPORT SERVICES AND YOU ARE LIABLE FOR ANY DAMAGE RESULTING THEREFROM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If you live in or your business is incorporated in the United States of America then claims for breach of this contract will be subject to the laws of the State of Kentucky, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. If you live in or your business is incorporated in the United States of America you consent to the exclusive jurisdiction and venue of state and federal courts in McCracken County, Kentucky, USA for all disputes relating to this contract or the Support Service.
If you live in or your business is incorporated outside of the United States of America all claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the State of Kentucky, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States.
Last updated: October 2015