a) Personal Information
Before using the DooFix Service, the customer must first complete the registration form. This involves giving user contact information such as First and Last name, E-mail address, Postal address, etc. DooFix will use your contact details to contact you regarding the product and/or services you have requested. This consists of renewal/re-registration notifications, special offers, and surveys on improving our service.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used for the operation and improvement of the Site.
b) Computer System Information
Subscriber Computer - We may also seek information related to your computer. This may include: information about the make and model of your computer and/or any computer hardware, software or peripherals attached to it, date of purchase and type of computer, identification number of your computer, condition of the computer and the application if reporting a fault occurrence and during diagnostics, system and registry data about software installations and hardware configurations, and error tracking files. Generally, this information is required to offer personalized technical support to you, and to help us update our support tools and augment our supported products list.
Remote Access - While requesting support you may request for the problem to be resolved by taking control of your computer. DooFix experts use qualified utilities which allow user to grant control of user computer to an Expert remotely over the Internet, so that the Expert can diagnose or correct problems. Experts are not allowed to use the Remote Access software until and unless they have received adequate training in its use, and user have consented to grant control. Furthermore, Experts will not use Remote Access tools to collect sensitive or confidential information stored on user computer or network, deliberately destroy information on user computer or network, or cause user to experience system problems.
Diagnostic Tool - Some DooFix online diagnoses applications may gather a broad variety of functional information about the state of a computer system and the applications on it. This information is packaged into a document containing all the essential details needed by DooFix and is transmitted securely over the Internet to the DooFix server. DooFix analyzes this information to help diagnose and solve end-user problems. Information collected by the DooFix application will not contain any sensitive information such as e-mail messages, e-mail addresses sent to, passwords, profiles, websites visited, etc.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases site navigation, and so on. When you return to the web site, the information you previously provided can be retrieved, so you can easily use the site's features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other web sites you visit.
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service 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 from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid DooFix Service Plan.
As a condition of your use of the DooFix Website or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any DooFix server, or the network(s) connected to any DooFix server, or interfere with any other party's use and enjoyment of any of the DooFix Website, the Materials, Software or Services. You may not attempt to gain unauthorized access to any DooFix Website, the Materials, Software or Services, other accounts, computer systems or networks connected to any DooFix server or to any of the DooFix Website, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any DooFix Website, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
Though DooFix has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to DooFix's "fair use" policy. Under this policy, if at any time, in DooFix's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then DooFix reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, DooFix reserves the right to suspend or terminate any Subscription Services of any Subscriber that DooFix, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to DooFix; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
You may not create hyperlinks to any portion of the DooFix Website, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold DooFix, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these Terms of Service, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in DooFix's defense of any claim. DooFix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DooFix. You agree immediately to notify DooFix of any unauthorized use of your account or any other breach of security known to you.
DooFix is committed to protecting your privacy. DooFix will not, under any circumstances, rent or sell your Personal Information, nor does DooFix trade or exchange mailing lists with any other organization. DooFix may disclose your Personal Information, or other information that we receive in the course of our interactions with you, when we believe that disclosure is (a) required by law, (b) necessary to protect the rights, property or safety of DooFix or its employees, its customers, or others, and/or (c) is necessary to comply with a lawful request, court order, or legal process served on DooFix. If you choose to contact DooFix via online chat, there will be no information stored by DooFix. However, you may be asked to provide an email address and a valid username to get properly supported.
In connection with obtaining Services, you agree that you will:
Cooperate with the DooFix Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
1. The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
2. You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
3. The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with DooFix support personnel.
4. Software/data backup: You understand and agree that DooFix shall under no circumstance be responsible for any lost or corrupted software or data. DooFix strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
5. Hardware status: You understand and agree that DooFix shall under no circumstance be responsible for any of your hardware problems and errors. DooFix can refuse to serve you or continue to serve you until you have a healthy hardware component installed.
6. Hardware maintenance & replancement: You understand and agree that DooFix shall under no circumstance be responsible for maintaining or replacing any of your hardware components. DooFix only offers online services to troubleshoot your hardware issues and offer advices on how to maintain them properly.
7. Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify DooFix immediately of any unauthorized use of your account or any other breach of security. DooFix will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DooFix or another party due to someone else using your account or password. You may not use anyone else"s account at any time, without the permission of the account holder.
You hereby acknowledge that circumstances outside of DooFix'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 DooFix's ability to schedule a support session. You hereby release DooFix from any and all liability, and agree that DooFix shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
DooFix 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 Plan Order;
2. Service beyond the duration limitations identified in your Plan Order;
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;
4) Problems caused by using accessories, parts, or components not compatible with the product.
5) Non Compliance with the DooFix technician instructions for resolving the query.
For your convenience, DooFix 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 of Service.
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 of Service.
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 DooFix Website may be copied or retransmitted unless expressly permitted by DooFix.
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 DooFix 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 DooFix 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 of Service of the EULA.
With regard to any Software made available to you by DooFix through the DooFix Website for which your acceptance of a separate license agreement is not required ("DooFix Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by DooFix to use the DooFix 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 DooFix Software. You agree that the DooFix Software is the confidential and proprietary information of DooFix 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 DooFix Software, or otherwise reduce the DooFix 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 DooFix 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 DooFix Software. You acknowledge that this license is not a sale of intellectual property and that DooFix 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 DooFix Software and related documentation, as well as any corrections, updates and upgrades.
As part of the Services, DooFix may suggest that you acquire, install and use certain third party software ("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 of Service set forth by such owners or licensees before installing Third Party Software, whether DooFix assists you in the acquisition, installation, and/or use of Third Party Software. DooFix 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.
Your license to the DooFix Software shall remain in full force and effect unless and until terminated by DooFix, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms of Service. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the DooFix Software and immediately delete the DooFix 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 of Service under which you licensed such Third Party Software or purchased such equipment. We make no 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, DooFix 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, Website, training, music, gaming and storage services that DooFix may elect to make available from time to time. Violation of such third party provider's terms of service may, in DooFix's sole discretion, result in the termination of your customer account and use of service.
Except for the limited warranty provided herein and to the maximum extent permitted by applicable law, or as expressly set out in these terms:
(a) DooFix makes no warranties in relation to the DooFix software/tools, and the provision of or failure to provide support services; also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the DooFix Client (other than that DooFix is entitled to grant to you the rights set out in this EULA);
(b) you will not under any circumstances have any cause of action against, or right to claim or recover from, DooFix for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the DooFix software/tools and support services or any breach of these terms.
(c) subject to paragraph (b) above, the maximum liability of DooFix to you in respect of any breach of THE "AGREEMENT" or otherwise in respect of your use of the DooFix software/tools and DooFix services will be the amount you have paid DooFix for the subscription service and if you have not paid DooFix any amount for the subscription service, there will be no warranties or any kind from DooFix.
DooFix 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. DooFix AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS 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. DOOFIX 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 DOOFIX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, 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 DooFix be liable to you in excess of the amounts actually paid by you to DooFix under the Plan Order 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.
DooFix at its sole discretion may terminate or suspend your Service immediately without notice if, in the sole discretion of DooFix: (a) you are in breach of any of the Terms of Service (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, DooFix's network, or the use and enjoyment of DooFix's other users; (c) DooFix receives an order from a court to terminate the Service you are availing ; (d) if DooFix for any reason ceases to offer the Service; (e) if you are no longer a DooFix customer, or (f) DooFix determines that you are abusing the Service. DooFix, 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. DooFix'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 DooFix Website is available internationally and may contain references to DooFix products, services, and programs that are not available in a viewer's country. These references do not imply that DooFix intends to make such products, services, or programs available in such country.
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.