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Support 724 ~ Terms & Conditions



IMPORTANT – PLEASE READ THIS CAREFULLY. GETTING LOTTERY (THE "SERVICE PROVIDER") IS OWNED AND OPERATED BY KIA SOLUTION AND IS PRESENTED TO YOU ("YOU" /"CLIENT") UNDER THE TERMS AND CONDITIONS OF THE Support 724 TERMS OF SERVICE. THIS "AGREEMENT" INCLUDES Support 724'S PRIVACY POLICY AND A REGISTRATION FORM, AVAILABLE THROUGH THE HYPERLINKS SET FORTH BELOW AND INCORPORATED HEREIN BY REFERENCE IN THE WEBSITE. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CHECKING THE "AGREEMENT" CHECKBOX, YOU ARE CONFIRMING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SERVICE. YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AT LEAST 18 YEARS OF AGE AND AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (II) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN BELOW. IF YOU DO NOT AGREE, PLEASE DO NOT CONTINUE WITH THE ACCEPTANCE PROCESS.

GENERAL
You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephonic order for the Services; (b) your electronic acceptance of this Agreement during registration or in the course of initiating a support session via online or by telephone; (c) your use of the Service; or (d) your retention of the Software, available to you. This Agreement is made up of the terms outlined by our representative over the phone, or as otherwise specified on the Support 724 website (http://www.Support724.com) (the "Website"), all of which are incorporated herein by reference.

DEFINITION OF SERVICE
The Getting Lottery reserves the right, at its discretion, to change these TOS at any time. Please check these TOS periodically for changes. In the event that a change to these TOS materially modifies your rights or obligations, the California Lottery will make reasonable efforts to notify you of such change. The California Lottery may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for an account, or through other mechanisms.

AUTHORIZED USER, USE, AND RESPONSIBILITIES
a. The Services provide users with various forms of entertainment and ways to win prizes big and small. As a player and registered member of the Services, you may have access through different devices (such as mobile phones and tablets) to a collection of resources including community-building tools and forums, personalized content, and a wide range of branded programs.

b.As a user member of the Services, you understand and agree that the Services may include advertisements that provide players with information about different entertainment and programming options.

c. You also understand and agree that you will receive communications from the California Lottery through the Services such as service announcements, administrative messages, information relating to certain features of the Service (such as messages from the Players’ Lounge), and newsletters meant to share the latest information about the California Lottery. You will have the option to "opt out" of some, but not all, of these communications.

d. Unless explicitly stated otherwise, any new features that enhance the Services, including the release of new California Lottery websites, networks, software, mobile applications, and other technology services, shall be subject to these TOS..

e. You are solely responsible for obtaining access to the Services, and you understand that access may involve third-party fees (such as internet service provider or airtime charges). You are solely responsible for any associated fees. In addition, you must provide and are responsible for maintaining all equipment necessary for you to access the Services

f. You understand that the technical processing and transmission of the Services, including your content, may involve transmissions over various networks and changes to enable conformity and adaptation to technical requirements of connecting networks or devices.

Your Registration Obligations
a.When you register for the Services you represent and warrant that:

b. • You are 18 years of age or older and are not a person barred from receiving the Services under the laws of California or the laws of other applicable jurisdictions. • You will provide true, accurate, current, and complete information about yourself as prompted by the registration form for the Services (the "Registration Information"), including your true full legal name. • You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete..

c. IF YOU FAIL TO COMPLY, OR IF THE CALIFORNIA LOTTERY HAS REASONABLE GROUNDS TO SUSPECT THAT YOU HAVE FAILED TO COMPLY, WITH ANY PORTION OF THE REGISTRATION OBLIGATIONS, REPRESENTATIONS, OR WARRANTIES DESCRIBED IN THIS SECTION 4, YOU WILL NOT BE ELIGIBLE TO RECEIVE PRIZES FROM THE CALIFORNIA LOTTERY, AND THE CALIFORNIA LOTTERY WILL HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR MEMBERSHIP AND TO REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES.

d. In the case of Second Chance Draws, only a person identified by name in the official records of the California Lottery as connected with the winning numbers may claim the prize.



Member Account, Password and Security
To access and use most features of the Services, you will be required to register for an account. You will be asked to enter your email address and provide a password during the registration process for the Services. You are responsible for maintaining the confidentiality of your password and your account and for all activities and usage that occurs on your account. You agree to immediately notify the California Lottery of any unauthorized use of your password or account or any other breach of security, and you also agree to ensure that you logout from your account at the end of each session. You agree not to share your password, allow others to access your account, or do anything else that might jeopardize the security of your account on the Services. You agree not to transfer your account on the Services to any other person or entity. The California Lottery is not liable for any loss or damage arising from your failure to comply with these requirements.

Content
a. Certain features of the Services may permit users to post content, including messages, data, text, and other types of works (collectively, “Content”) and to publish Content on the Services. You retain copyright and any other proprietary rights that you may hold in the Content that you post to the Services..

b. By posting or publishing Content, you grant the California Lottery a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) in connection with the Services. Any such use of your Content by the California Lottery may be without any compensation paid to you.

c.You are solely responsible for your Content and the consequences of posting or publishing Content. By posting and publishing Content, you affirm, represent, and warrant that:

d. You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize the California Lottery and users of the Services to use and distribute your Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by the California Lottery and these TOS; and

e. Your Content, and the use thereof as contemplated by these TOS, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any other person.

f. The California Lottery is under no obligation to edit or control Content that you or other users post or publish, and will not be in any way responsible or liable for Content. The California Lottery may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these TOS or is otherwise objectionable. You understand that when using the Services you will be exposed to Content from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the California Lottery with respect to Content. The California Lottery expressly disclaims any and all liability in connection with Content. If notified that Content allegedly does not conform to these TOS, the California Lottery may investigate the allegation and determine, in its sole discretion, whether to remove the Content, which it reserves the right to do at any time and without notice.

INDEMNIFICATION DMCA
The Digital Millennium Copyright Act (17 U.S.C. §512, as amended) provides a mechanism for submitting complaints with respect to material posted on the Service. You may contact our Designated Agent at the following address:

NOTICES Member Conduct
In accessing the Services, you agree not to:
a. Upload, post, email, transmit, or otherwise make available any Content or other material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Harm minors in any way; • Impersonate any person or entity, including, but not limited to, a California Lottery official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; • Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement); • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; • Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; • Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including using any device, software, or routine to bypass robot exclusion headers; • Do anything that could disable, overburden, or impair the proper working of the Services, such as a denial of service attack; • Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; • "Stalk," bully, intimidate, or otherwise harass another on the Services; • Offer any contest, giveaway, or sweepstakes on the Services; • Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above, including by soliciting login information or accessing an account belonging to someone else; and/or • Attempt to do any of the foregoing or aid or permit anyone else to engage or attempt to engage in any of the foregoing. You understand that the Services and software embodied within the Services may include security components that protect digital materials from unpermitted distribution, reproduction or use. You may not attempt to override or circumvent any of these digital protection measures except as expressly permitted by law.

GENERAL PROVISIONS Interstate Nature of Communications on the California Lottery Network
a. When you register for the Services, you acknowledge that you will be causing communications to be sent through the California Lottery's computer network, portions of which are located in California, Texas, and other locations in the United States or abroad. As a result of this network, communications that may seem to be intrastate in nature can result in the transmission of interstate or international communications, regardless of where you are physically located at the time of transmission. Accordingly, by accepting these TOS, you acknowledge that use of the Services may result in interstate or international data transmissions.

b. Support 724 shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes.

c. You shall not assign or otherwise transfer this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be null and void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

d. You and Support 724 agree that the substantive laws of the State of California, without reference to its principles of conflicts of laws, shall be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.

YOU AND Support 724 CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN ORANGE COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE.

Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service or Software must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

e. Support 724's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

f. This Agreement and all other policies posted on the Website, which are fully incorporated into this Agreement by reference, constitute the entire agreement between you and Support 724 with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

g. Satisfaction Statement. If you are not completely satisfied with any subscription setup or single incident session, Support 724 will, upon your written request, provide you with two help sessions or a refund of the money after subtracting the number of service sessions provided so long as Support 7224 receives such written request within five (5) calendar days ("Notice Period") of such subscription setup or single incident session. If you do not notify us within such Notice Period, Support 724 may provide you with a pro-rated refund if you have subscribed and paid for the Services for a number of service calls. If the package purchased is a term greater than six (6) months and you paid Support 724: for the entire term - a maximum of 50% refund can be given if the contract is cancelled by you within a period of 30 days. No refunds shall be given after a period of 30 days of the contract date.

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.

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

Proprietary Rights
Support 724 respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Support 724 is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If you make use of the Services, Software or Content, other than as expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.

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 Support 724.com, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to You by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications which We provide 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 Support 724 must be sent to the applicable address given in these Terms or to info@Support724.com.

PRIVACY POLICY
Support 724 shall treat your personal information in accordance with its current Privacy Policy, as amended from time to time in the sole discretion of Support 724.

Service Availability and Limitations
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.
In order to obtain Subscription Services, You must at all times have current and functional antivirus software in place and running on Your Device. Failure to maintain such software may result in additional charges and fees. In order to purchase Subscription Services, Your covered Device(s) must be virus free (as determined by Us) at the time You purchase the Subscription Service. If we determine that Your Device is infected by a virus, we may ask you to purchase a Service to clean Your Device prior to obtaining Subscription Services.
Support 724 reserves the right to terminate Your Subscription Service, upon notice, if Support 724 determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In case Your Subscription Service is terminated, Support 724 will refund You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.

TERM AND TERMINATION
a. Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue until terminated by either party as permitted by this Agreement. Billing for your Remote Support Service shall apply on an 'as used' basis.

b. Termination of Service.

c. Pay-as-you-go or Subscription Service. If you are a pay-as-you-go or subscription service customer, either you or Support 724 may terminate this Agreement without giving notice to the other party. Termination by you shall be effective upon your notice to Support 724. Activation or set-up fees paid at the initiation of your service, if any, shall not be refundable. Termination by Support 724 shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by Support 724, for any reason, you shall be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You acknowledge that any Software that you may install as part of the Service may cease to operate, update or function properly after termination of any subscription.

d. Termination and/or Suspension by Support 724. If, in the sole discretion of Support 724: (a) you are in breach of any of the terms of this Agreement or any Third Party License or agreement (including but not limited to, all Support 724 and its Third Party Licensors’ policies regarding abuse and acceptable use of the Service and the Software and all end user license agreements); (b) your use of the Service or the Software is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service or the Software, Support 724's network or a Third Party Licensors’ network, or the use and enjoyment of other users; (c) Support 724 receives an order from a court to terminate your Service; (d) Support 724 for any reason ceases to offer the Service or the Software; or (e) you are no longer a Support 724 customer, then Support 724 at its sole election may terminate or suspend your Service immediately without notice.

e. Terminated Account. Support 724, in its sole discretion, shall have the right to refuse and accept your request for Service, renewal or re-subscription following a termination or suspension of your use of the Service at any time.

Dealings with Third Parties
In the course of delivering the Services to You, We may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although, we may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. 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 Support 724 shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a 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 support724.com

AVAILABILITY OF SERVICE
a. The Service and Software you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be available to receive the Service even if initial testing showed that your connection was qualified. For Remote Personal Technology Support, we shall qualify your line for the maximum line rate available to your location based on our standard line qualification procedures.

b. Support 724, its suppliers and licensors may, at any time, without notice or liability to you, restrict in whole or in part the use of the Service or the Software or limit availability in order to perform maintenance activities and to maintain session control or for any other purpose.

LIMITATIONS ON USE OF THE SERVICE
a. You agree that your use of the Service, Software and the Internet, without limitation, is your sole responsibility and is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.

b. You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Support 724. Support 724 is not responsible and has no control over the information or materials accessible via the Internet through use of the Service or the Software. You further agree that Support 724 does not own or control all of the various facilities and communication lines through which service may be provided, nor does Support 724 guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Support 724 or its Third Party Licensors.

c. You agree that Support 724 cannot and does not guarantee or warrant that data and Software available for downloading through the Service shall be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.

d. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Support 724 is not liable for invalid destinations, transmission errors, or corruption or security of your data.

e. You are not authorized to use any Support 724 name or mark as a hypertext link to any Support 724 website or in any advertising, publicity or in any other commercial manner without the prior written consent of Support 724. You understand that your ability to link to a website through the Service does not, in any way, represent or imply Support 724's approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content.

Submissions
All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to Support 724(“Submissions”) shall be considered non-confidential and Support 724's property. By providing such Submissions to Support.com, You agree to assign to Support.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Support 724 shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that Support 724 may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.

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. You represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which are, do, or could reasonably be construed to be or do any of the following:

  • • restrict or inhibit anyone from using and enjoying the Site or the Site’s services
  • • are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
  • • constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
  • • violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
  • • contain a virus, spyware, or other harmful component;
  • • contain embedded links, advertising, chain letters or pyramid schemes of any kind;
  • • constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
  • • Contain sensitive, proprietary or confidential information about yourself or others.


Except as may be expressly permitted in connection with one of the Site’s services, You also may not offer to buy or sell any product or service on or through Your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of Your activities and You submit Submissions at Your own risk.

By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and We may delete or destroy any such Submissions at any time.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
A. IN NO EVENT, Support 724, ITS OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, SUBSIDIARIES, ATTORNEYS OR AFFILIATES, OR ITS THIRD PARTY LICENSORS SHALL BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE , THE SOFTWARE OR YOUR DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Support 724 OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY. THE MAXIMUM CUMULATIVE LIABILITY OF Support 724 TO YOU UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING ANY CLAIM. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES PROVIDED HEREUNDER.

B. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

C. Support 724 RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR THE SOFTWARE OR FOR YOUR BREACH OF THE AGREEMENT, INCLUDING ANY POLICIES OR END USER LICENSE AGREEMENTS RELATING TO THE SERVICE OR THE SOFTWARE.

D. Notwithstanding any language to the contrary in this Agreement, the Services and the Software, is provided to you "AS IS" and “AS AVAILABLE” and without any warranty from Support 724 of any kind. Support 724 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT, STATUTORY OR BY OPERATION OF LAW) WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, SUITABILITY ACCURACY, SECURITY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NO ADVICE, SUPPORT OR INFORMATION DELIVERED BY Support 724 OR ITS REPRESENTATIVES TO YOU SHALL CREATE ANY WARRANTY.

E. Support 724 DOES NOT WARRANT THAT THE SERVICE OR THE SOFTWARE PROVIDED BY Support 724 HEREUNDER SHALL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR SHALL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. Support 724 SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. Support 724 MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE OR THE INTERNET. Support 724 MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, SOFTWARE AND THE INTERNET. DO NOT USE THE SERVICE OR THE SOFTWARE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF SOMEHOW AN ERROR OCCURS.






 

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