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Legal Notice

A L L Computers, LLC. ("ALL") IS WILLING TO offer its services CONTAINED IN THIS Service AGREEMENT (the "AGREEMENT") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS contained therein. PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING any SOFTWARE provided to you by all, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY INPUTING THE “CONNECTION IDENTIFICATION NUMBER” PROVDIDED AND SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

 

 

TERMS OF SERVICE

The following Terms of Service (“Terms”) apply to the use of goods and services purchased from A L L COMPUTERS, LLC. ("ALL"). The terms "you", "your", "yours" and "Customer" means you and all persons and business organizations on whose behalf you have received and/or utilized the ALL website, goods or services. For purposes of this Agreement, the term "Service" and/or “Services” shall include all technical and/or email support or features, products, goods, and services provided by ALL and/or its authorized agents. The terms "we," "us" and "our" refer to ALL. These terms may not apply to Services purchased in any other manner not utilizing the ALL website.

 

Section 1.  GENERAL TERMS.

1.1       Disclaimer Of Warranty For ALL Website - ALL provides its website and the contents therein on an "AS IS" basis and make no warranty or representation regarding any product or Service, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, which are hereby expressly disclaimed, unless otherwise stated herein.

1.2       Errors On And Changes To ALL Website - Despite continuing efforts to ensure that the information on the ALL website is accurate, complete and current, there may be instances when information about a Service contains inaccurate or incomplete data, including data about the Service's price or availability. ALL makes no warranty or guarantee that the information on the ALL website is error-free, complete, or current. ALL expressly reserves the right to make changes, including pricing, and to correct errors and/or update the content on our website at any time without notice. ALL also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, irrespective of whether the order has been confirmed and/or your payment has been processed. If your order is canceled after your payment has been processed, ALL will issue a full refund to the original pay type.

1.3       Damages - In no event shall ALL, its owners, affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, irrespective of whether ALL was advised of the possibility that any such damages may exist.

1.3.1    ALL will 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, of other things we do not control, or an inability to obtain necessary equipment or services.

1.4       Governing law - The Terms of this Agreement are to be governed and construed accordingly to the laws of the State of Nevada. No choice of law rules of any jurisdiction will apply.

1.4.1    YOU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN Clark County, Nevada 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 local laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

1.5       Severability - If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

1.6       Privacy – ALL realizes that customers are concerned about how information provided online will be used. ALL is committed to protecting your privacy and will not provide any information collected about you to any third parties.

1.7       Integration - This Agreement is the entire agreement between you and ALL. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

1.8       Indemnification - You agree to defend, indemnify and hold harmless ALL from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

1.9       Notices - Notices required under this Agreement by you shall be provided to the ALL Customer Service Department. Notices by ALL to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.

1.10     Obligations- All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including but not limited to, those clauses relating to Warranties and Limitation of Liability and Indemnification, shall survive any termination, cancellation or expiration.

1.11 Assignments - You agree not to 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 void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

1.12     Waiver - ALL'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.

 

Section 2. CONDITIONS FOR ONLINE SERVICE.

2.1       Acceptance of the Services - You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online or by telephone; or (c) your use of the any ALL Services.

2.2       Authorized User, Use and Responsibilities - You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that ALL relies on the information you supply and that providing false or incorrect information may result in the withholding, delay, suspension, or termination of your customer account at the discretion of ALL. You agree to promptly notify ALL whenever your personal or billing information changes, including, but not limited to, your name, address, telephone number, and credit card number and expiration date.

2.2.1    You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the ALL Services via your account, or any secondary accounts, with or without your permission.

2.2.2    If you purchase or subscribe to any ALL Service, you may not resell the Service, use it for high volume purposes, or engage in other similar activities, or use it as a virtual support center.  Any violations of this provision will determined solely at the discretion of ALL.

2.2.3    If you purchase any ALL Service for one computer, you may only use the Service in connection with the computer listed in your service plan, unless you otherwise contract with ALL to include an additional computer or device. ALL reserves the right to charge an additional fee to perform Services that you request that are not covered by under this Agreement, or to refuse to perform such service.

2.2.4    As part of the Services provided by ALL, you may be required to install certain software to assist ALL in providing you effective Services. ALL reserves the right to terminate this Agreement if you (i) do not agree to install the software on your PC; or (ii) alter, modify or disable the software, or its settings or configurations.

2.3       Availability of Service - The Service 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 able to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. For remote computer support, we will qualify your Internet connection for the minimum line rate (speed) available for support based upon ALL’s qualification procedures. It is your responsibility to ensure that you have adequate connectivity to the Internet. As set forth above, all Services are provided on an “AS IS” basis. Line rate, access and availability of Service are not guaranteed.

2.3.1    ALL or its agents, affiliates or suppliers may, at any time, without notice or liability, restrict the use of ALL Services or limit its time of availability in order to perform maintenance activities and to maintain adequate quality control.

22.3.2    ALL will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, you hereby acknowledge that circumstances outside of ALL's control, such as a large scale computer virus, may cause significant delays in ALL’s ability to schedule a service session. You hereby release ALL and/or its authorized service providers and agents from any and all liability, and agree that ALL and its authorized service providers and agents shall not be liable to you or any third party for any direct or indirect damages, resulting from such delays.

2.4       Software Licenses and Third Party Services - In connection with ALL Services, we may provide to you, via download, CD, or other media, the use of certain software which is either owned by ALL or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software ("Software") Software included, but is not limited to, programs in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by ALL or its third party licensors, providers and suppliers, and any user manuals, programming guides and other documentation provided. We 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 and for no other purpose.

2.4.1    The Software may be accompanied by an end user license agreement from ALL 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 an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

2.4.2    You may not make any copies of any Software. You agree that any Software provided to you by ALL is the confidential information of ALL or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein and/or in conjunction with any applicable end user license associated therewith. The Software provided to you may contain copyrighted material, trade secrets, patents, and proprietary information owned by ALL or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, or otherwise reduce the Software to a human readable form.  Additionally, you may not modify, rent, lease, loan, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the 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 Software. You acknowledge that no part of this Agreement may be construed as a sale of intellectual property and that ALL 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 Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the Software is strictly prohibited.

2.4.3    Third Party Software. As part of the Services, ALL 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 and conditions set forth by such owners or licensees before installing Third Party Software, whether ALL assists you in the acquisition, installation, and/or use of Third Party Software. ALL 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.

2.4.4    ALL provided technical assistance and support for the Software in accordance with our policies. 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 and conditions under which you licensed such Third Party Software or purchased such equipment. ALL makes no warranty that we are an authorized service provider for any 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.

2.4.5    Your license to use the Software shall remain in full force and effect unless and until terminated by ALL, its third party licensors, providers or suppliers, or until your customer account is terminated. Upon termination of your customer account for any reason, you must cease all use of the Software and immediately delete and/or remove the Software from your computer.

2.4.6    Other Third Party Agreements: As part of the Services provided by ALL, we 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 understand 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 additional technical support, training, and/or storage services. Violation of any third party provider's terms of service may, at ALL’s sole discretion, result in the termination of your customer account and use of service.

2.5       Term and Termination - This Agreement goes into effect upon your acceptance of this Agreement as set forth above and shall continue, subject to the terms of this Agreement, until terminated by either party as permitted by this Agreement. Billing for any remote, on-site, drop-off or telephone computer support service will apply on an 'as used' basis.

2.5.1    Termination and/or Suspension: If, ALL determines that: (a) you are in breach of any of the terms of this Agreement 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, ALL's network, or the use and enjoyment of other users; (c) ALL receives an order from a court to terminate your Service; (d) if ALL for any reason ceases to offer the Service; (e) if you are no longer an ALL customer, or (f) ALL determines that you are abusing the Service or using the Service excessively, then ALL, at its sole election, may terminate or suspend your Service immediately without notice.

2.5.2    ALL, at its sole discretion, may refuse to accept your request for service, renewal or re-subscription following any termination or suspension of your use of the Service.

 

SECTION 3.  Pricing and Payment

3.1       All fees and charges for the Service(s) you select are supplied to you during the ordering process unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your Service, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. ALL or its agent will bill you directly, or charge your credit or debit card, as you request and as approved by ALL.

3.1.1    Your Services may be discontinued for nonpayment.  Service to you may be denied or discontinued without notice at any time if: (a) you fail to make a timely payment; (b) your credit card, or your credit card provider denies or discontinues providing credit to you for any reason; or (c) you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.

3.1.2    Late Fees. If any portion of your bill is not paid by the due date, ALL may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of five percent (5%) per month, or the highest rate permitted by law. In the event ALL utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse ALL for any and all expenses incurred to recover such monies, including attorneys' fees and costs.

3.1.3    Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.

 

Section 4. Service

4.1       Service Without Resolution. ALL will make every reasonable attempt to troubleshoot, analyze, assess, correct and/or otherwise fix your computer or network problem. If ALL is unable to resolve your computer problem, you will still be liable for charges for time spent by All in an attempt to correct a problem.

4.1.1    Waiver. The waiver of any fees or charges related to Section 4.1 lies solely at the discretion of ALL.

4.2       Limitations on Use of the Service. You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.

4.2.1    You understand and agree that the Internet is not owned, operated or managed by, or in any way affiliated with ALL and that ALL is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further understand and agree that ALL does not own or control all of the various facilities and communications lines through which Service may be provided, nor does ALL guarantee access to or through websites, servers or other facilities on the Internet, irrespective of whether such facilities are owned or controlled by ALL.

4.2.2    You understand and agree that ALL cannot and does not guarantee or warrant that data available for downloading through the Service will 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.

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

 

Section 5. Warranties and Limitation of Liability.

5.1       YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED UNDER this agreement IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT ALL (AND ITS OFFICERS, EMPLOYEES, OWNERS, SUBSIDIARIES, AFFILIATES AND AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY ALL OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF ALL COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

5.2       ALL DOES NOT WARRANT THAT THE SERVICE PROVIDED BY ALL OR ITS AUTHORIZED SERVICE PROVIDERS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. ALL SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, CHANGES IN OPERATION, PROCEDURES, MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, or any other modification or alteration which RENDER your equipment OBSOLETE OR OTHERWISE AFFECTs ITS PERFORMANCE.  ALL MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING any all SERVICE OR THE INTERNET. ALL MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING ITS SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF ALL SERVICES AND THE INTERNET GENERALLY. YOU AGREE THAT YOU WILL NOT USE ALL’S SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

5.3       IN NO EVENT SHALL ALL (AND ITS OFFICERS, EMPLOYEES, OWNERS, SUBSIDIARIES, AFFILIATES AND AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS 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, 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 ALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

5.4       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 OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

5.5       ALL RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE and/OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT.

 

 

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