Terms Of Service
TechRewards – TERMS OF SERVICE
ATTENTION: USING TechRewards,(“TR”) SERVICES OR THIS WEB SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS AND ANY SUBSEQUENT AMENDMENTS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE TR SERVICES OR THIS WEB SITE.
This User agreement is by and between TechRewards, (“TR”)and You, Your assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account. This agreement sets forth the terms and conditions of Your use of TR’s website and services.
The Service: TR services include interaction with a live technician who will attempt to improve the performance of Your system by modifying Your personal desktop software. Exemplary services include downloading and running both fee based and free software fixes, along with manually modifying and repairing Apple® (Macintosh) operating systems, Microsoft® operating systems that haven’t reached end of life, including Windows Vista, and Windows 8 and 8.1, Windows 7, Windows 10, and Microsoft Office software, including Office 2003, Office 2007, Office 2010, Office 2013, and Office 2016 applications. Hardware, network and application support (games, business, personal productivity) beyond problem identification help is not available. The services are only available in the English language for customers in the United States and Canada at this time.
TR provides the following support:
Help to attempt to remove and secure Your PC or Mac® against pop-ups, viruses, spyware, Trojan horses, worms, and other undesirable programs and files.
Optimize Microsoft® Windows 8 and 8.1, Windows 7, Windows 10 operating system and Microsoft Office 2003, 2007, 2010, 2013, and 2016 software to improve system performance and security.
If you are using an operating system that is no longer support by the manufacturer, TechRewards may not provide service with your contract.” At this time, XP and Vista are no longer supported by Microsoft.
Update Microsoft® and Apple® software and eliminate compatibility issues.
Answer “how to” questions related to Microsoft® Windows 8 and 8.1, Windows 7, Windows 10 or Apple Mac® operating systems and Microsoft® Office 2016, 2013, 2010, 2007, or 2003 applications.
Provide hardware and software recommendations.
Provide problem identification help for hardware and network issues.
Provide support with software firewalls and Parental Controls.
Provide a comprehensive tune-up when needed.
If the customer partially or fully “un-dos” or removes the work completed by a TR coach, TR is not obligated to rework previous work that has already been completed by the TR. TR may charge the customer $99.95 per hour to redo work that was completed on previous work sessions. Furthermore, if the customer requests service for the same specific issue on more than three (3) separate occasions, TR reserves the right to refuse service or the issue can be resolved at an hourly rate of $99.95.
The customer must comply with all laws. If TR believes that a crime has, may have or will be committed in the future, TR may in its sole discretion report the information forming that belief to authorities and fully cooperate with authorities.
Availability of Service: Subject to the terms and conditions of this Agreement, TR shall attempt to provide services 15 hours per day, 7:00am to 10pm in Your respective time zone (in the continental U.S. or Canada), seven (7) days per week. You agree that from time to time TR services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment failures, (2) periodic maintenance procedure or repairs which TR may undertake, (3) causes beyond the control of TR or which are not reasonably foreseeable by TR, including without limitation, interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion or other failures.
Fees: In consideration for TR providing its services or granting a license to certain TR software for the term of this Agreement, You agree to pay TR a signup and service fee. These fees relate to a single personal computer only. Additional fees are required for additional computers, to transfer this service to a different computer, or to reconfigure this computer in the event of a hardware failure. TR reserves the right to increase the fees at any time and the increased fees shall only be posted on the TR website, which You should review from time to time.
Your Cooperation: You agree that Your computer has a high-speed or broadband connection to the Internet (specifically a quality, stable broadband connection with a minimum continuous connection speed of 256Kb/s upload and download). Said connection must not have bandwidth usage restrictions that will affect use by TR. Satellite, “Air cards” and cell phone tethering do not qualify as a sole connection for subscription. Also required for Windows support subscriptions is a valid, already-installed copy of Microsoft Windows operating system software. For Mac computer support subscriptions, a valid already-installed copy of the latest version of OS X is required. The Mac computer must also be Intel CPU-based. You agree to allow TR to temporarily control Your computer and access Your computer functions. You agree to leave Your computer and Internet connection operating while TR is diagnosing, downloading or fixing Your computer. For the most efficient and cost effective service, You agree to allow TR to download certain suggested software (may require fee-based if sufficient freeware is not available) or remove harmful software or databases to facilitate proper diagnosis or functioning of Your computer. While TR will attempt to obtain Your prior approval before deleting or installing important software, You agree to allow TR to improve Your computer operations without obtaining Your prior approval. Furthermore, you agree to provide genuine operating system installation media (or other legitimately licensed digital or physical software) if TR determines that such media is required in order to repair any given problem or complete service.
Windows 7 Users: For TR to access Your Windows 7 system, You may need to disable Your UAC (User Account Control). By disabling the UAC, You understand that You may be allowing Your computer to be susceptible to malicious programs for the brief time that TR is accessing Your computer. After each time TR terminates its access to Your computer, You agree to re-enable the UAC as instructed by TR. You agree that TR is not liable or responsible for any security breaches during the time TR is on Your computer, or if You do not re-enable Your UAC as directed after TR terminates access to Your computer.
4 Hour Guarantee: TechRewards offers one guaranteed four-hour response time per subscription per day to Executive members within normal hours of operation in Your time zone. If callback exceeds four-hour response time, the next month of Executive service is free. IMPORTANT: To qualify for the four hours Guarantee the customer must call in on phone number that TechRewards recognizes. E.g. Customers must make service requests on the phone number with which they signed up for service. Email firstname.lastname@example.org within 72 hours of breach of guarantee to claim. Claims may only be exercised once per month, per customer. The four-hour response guarantee does not apply during the following holidays: Christmas Day, New Year’s Day, Independence Day, Memorial Day, Labor Day, and Thanksgiving Day.
On-Site Service: TR refers independent contractors to conduct services. TR is not responsible for the TR Contractor services, results or lack of results, and TR assumes no liability whatsoever for the TR Contractor’s actions. TR merely helps to schedule appointments and TR collects fees.
Appointment Changes or Cancellations: You must provide at least 24 hours’ advance notice of any cancellation or rescheduling request for Your appointment. If You fail to provide at least 24 hours advance notice, You will be charged a cancellation charge if TR has incurred expenses for Your appointment from the TR Contractor. If You do change Your scheduled appointment, additional restrictions for appointment availability may apply.
Third Parties: TR reserves the right to deliver all services via independent and authorized third-party service representatives and technicians, called TR Contractors. Services are limited to one trip unless otherwise noted, and to a total on-site duration agreed to when TR arranges the appointment with the customer. Additional charges may be incurred for multiple trips, extended distance (beyond standard metropolitan areas as determined by TR) -including rural or limited access areas, or extended time.
Access: TR Contractors must have 1) access to Your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) Your consent and cooperation to enter Your residence or business, 3) a safe working environment and work space, and 4) electrical power. If the TR Contractor determines that these conditions have not been met, service can be denied and a cancellation charge assessed.
Service Authorization: For all Services, a person at least 18 years of age must be present during the entire time period services are provided. If no adult is present at the appointment time arrival, services will be denied and a cancellation charge will be assessed.
Additional Services, Parts, and Charges: In some cases, depending on the service You purchased and the recommended remedy, additional parts or software may be required in order to provide a solution. TR Contractors will provide an estimate of such additional charges to You prior to performing work that requires an additional charge. You may opt to discontinue service at that time, however service charges still apply for all service provided up to that point. Payments for additional charges are payable by credit card.
Support Services do not include furniture setup: TR Contractors will not be held responsible for moving any furniture, valuables, or any other customer-owned items. TR Contractors will not, under any circumstances, move, alter, or install electrical outlets. It is recommended to have necessary electrical work performed prior to any service; failure to do so may result in delays and additional charges. TR will not be responsible for damages resulting from any customer-provided parts (for example, a TV wall bracket failure).
Force Majeure: If TR and/or its third-party service provider’s ability to provide services is impaired by circumstances beyond the control of TR or its third-party service provider, including but not limited to road or traffic conditions, weather, natural disasters, strikes, or other causes, TR or its third-party service provider may choose not to provide services.
Use of Software: If You download software from this Site or if TR downloads (or suggests that You download) software to Your computer, the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to You by TR or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to You, but remain with TR or the respective software vendor, who owns full and complete title. You may not copy, transfer, sub resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until You have read and accepted these Terms.
You acknowledge and agree that TR may, only upon Your selection of an approval icon, remotely access Your computer and check the software, databases and/or its components that You are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to Your computer. You understand that TR may access personal information on Your computer or information related to Your computer; however, TR shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by TR on Your computer, except as required by law. Moreover, TR shall provide You with a function to automatically terminate TR access to Your computer at any time. TR may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement. TR agrees not to knowingly transmit to Your computer systems any virus, worm, Trojan-horse, sniffer, or other code designed to disrupt the functionality or availability of any of Your computer systems, programs or databases. In fact, it is TR’s intention to eliminate these nuisances.
TR Authorization to Download Software: You hereby designate and appoint TR as agent and attorneys-in-fact to act for and in Your behalf to execute and submit any document and to do all other lawfully permitted acts with the same legal force and effect as if executed by You to purchase (if necessary), register and download software or for any other acts to further the purposes of the Agreement. TR shall require that You enter Your own credit card number directly into the vendor website to facilitate the license of any software downloads that requires a one-time or periodic fee. Alternatively, TR may request Your permission to purchase software on Your behalf, and if You agree, TC may purchase software on Your behalf and charge Your credit card as part of the TR invoice process. You agree to provide (and update) true, current, accurate and complete information about Yourself as requested during the TR or vendor software registration process.
For any software which TR downloads to Your computer and for which the software vendor requires review of the terms and conditions prior to download, TR shall send (via email only) a copy of any available software terms and conditions to You as soon as practical. If You disagree with any of the terms and conditions of the respective software for any reason, promptly uninstall the vendor software.
The respective software vendor shall be directly and solely responsible for all warranties, liabilities and customer service issues related to the vendor software. TR disclaims all warranties and responsibilities related to the vendor software, and TR shall not be liable to You or the software vendor for any reason.
Downloaded Vendor Software and Links to Third-party Web Sites: TR shall attempt to monitor the health of Your computer and fix problems by providing suggestions, along with downloading and executing applicable components. TR does not guarantee that TR will locate, diagnose or fix any or all problems or eliminate all viruses, worms, spyware, etc. TR may download software applications that constantly or intermittently run on Your computer which may execute code to analyze system performance and scan for problems. TR may provide links to other third-party Web sites or resources or downloads of third-party software. Such links or software provided on this Site or by an TR representative are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third-party or its products and services. TR has not reviewed all of these vendor software and third-party sites and does not control and is not responsible for any of the vendor software, sites or their content. Thus, TR makes no representations whatsoever about any other vendor software or web site which You may access through this Site, or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the vendor software or sites linked to this Site, You acknowledge and agree that TR is not responsible for the availability of such external software, sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such software, sites or resources. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and You do so entirely at Your own risk. Accordingly, You agree that TR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party software, materials, content, products or services provided by TR or available on or through any such site or resource.
Use of Site: TR authorizes You to view and download the software and materials at this Web site and other web sites that are linked to this site or affiliated with this site (“Site”), under the condition that all the information, communications, software (whether downloaded to Your computer by You or by TR), scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”), is intended only for Your personal or company use (not for re-distribution to any other computer), and provided that You retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the Content at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited. The Content at this Site is copyrighted and any unauthorized use of the Content at this Site may violate copyright, trademark, and other laws.
User Submissions: Other than personally identifiable information or information obtained by TR regarding Your computer which TR shall use for internal purposes and customer service only, any material, information or other communication You provide to TR or transmit to this Site will be considered non-confidential and non-proprietary (“Communications”). TR shall use commercially reasonable efforts to maintain the security of Your personally identifiable information; however, You submit such information at Your own risk. You agree that TR may use only aggregate information and statistics regarding all client computers for any purpose. You understand and agree that any oral conversations or written communications to TR may be recorded and used for training or marketing purposes. You agree not to disguise Your identity by spoofing, forging headers, using third-party relays, or otherwise obscuring the origin of transmitted content, including impersonating another person or entity. For any of Your communications to TR which include improvements to TR business operations or functions, You grant TR an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to You. TR is not responsible for the privacy policies or content of any linked websites or of any vendors which provide the software suggested or downloaded by TR.
Termination: This agreement shall commence on the date You accept these terms and purchase service or the date You begin receiving service from TR, whichever is earlier, and shall continue in effect until You no longer are a customer of TR. TR, in its sole discretion, may terminate or restrict Your use or access to this Site (or any part thereof) or TR services for any reason (and without notice), including, without limitation, if TR believes You have violated or acted inconsistently with the letter or spirit of these Terms, or if You are in breach of the terms of this Agreement or any of the payment terms. You agree that TR shall not be liable to You or any third-party as a result of TR suspension or termination of services. Upon termination, You agree to immediately destroy or uninstall any copies of TR software or other materials.
Disclaimer: THE TR AND VENDOR SOFTWARE DOWNLOADED BY TR (OR SUGGESTED BY TR) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY TR ARE PROVIDED “AS IS” WITHOUT ANY TR WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, EFFECTIVENESS OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE TR SERVICES OR THE CONTENT OR FUNCTIONALITY OF THE TR OR VENDOR SOFTWARE, SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Any software or material for which TR suggests or downloads to Your computer is implemented at Your own discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material, or use of this site. Information published at this Site may refer to products, programs or services that are not available in Your country, or You must comply with all local laws, if applicable.
Limitation of Liability: IN NO EVENT WILL TR BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF TR OR VENDOR SOFTWARE DOWNLOADED OR SUGGESTED BY TR OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF TR SERVICES, THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TR’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR TR SERVICES.
Applicable Laws: This Site is controlled by TR from its offices within the United States of America. TR makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States and Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the downloaded software or Content in violation of U.S. export laws and regulations. You agree to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which You reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.
Governing Law; Arbitration: These Terms will be governed by the laws of the State of Kansas. The parties further agree that in addition to any other court of competent jurisdiction, the Superior Court of Kansas in and for Maricopa County will have jurisdiction over the parties to any dispute, claim, or cause of action arising out of these Terms. Any dispute arising out of or in connection with these Terms which cannot be resolved by the parties hereto will be finally resolved by the parties in accordance with the then current International Arbitration Rules of the American Arbitration Association. The arbitration proceedings will be conducted in Phoenix, Kansas. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in any court having jurisdiction. The number of arbitrators shall be one (1) if the claim amount is less than $100,000 and the number of arbitrators shall be three (3) if the claim is equal to or greater than $100,000.
Entire Agreement: These Terms constitute the entire agreement between the parties concerning the purpose of these Terms and supersedes any other agreements and understandings concerning this purpose. These Terms may be amended, waived, or revoked only by written agreement of both parties. Failure to enforce any provision of these Terms will not act as a waiver of any term or right set forth herein.
Notices: Notices to You may be made via either email or regular mail. TR may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Site.
Revisions: TR may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and TR makes no commitment to update the materials and services provided by TR.
Acceptance of Terms: You acknowledge You have read, and agree to be bound by these Terms. You represent You have the legal authority to accept these Terms on behalf of Yourself or any party You represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE AND UNINSTALL ANY TR SOFTWARE OR VENDOR SOFTWARE DOWNLOADED TO YOUR COMPUTER BY TR.