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You (“You”) agree that by using www.Totaltechcare360. Com (“Website”), such use indicates your acceptance of the terms and conditions set forth below (“Agreement”). This agreement governs your use of this website and all content contained on this website made available by total tech care 360 llc, a limited liability company organized under the laws of the state of wyoming, u.S.A., its successors and assigns (“We” or “Us”). If you do not accept these terms, you are not permitted to use this website. You acknowledge that you have read and that you understand these terms and conditions and that you are entering into a legally binding agreement with us. Our privacy policy and any other separate policy, legal notice or disclaimer appearing on this website is hereby incorporated into this agreement by reference. If you are under the age of 18, you are restricted from using any portion of this website and you must exit this website immediately. 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Additionally, we expressly require that anyone who provides a positive review about any of our products or services does so in good faith and based upon his/her honest experiences and beliefs. We do not independently verify, nor do we ask for proof of verification, of any claims made by any of our endorsers. By using this Website, You consent to our use of any personal information provided by You through your use of this Website pursuant to the terms contained in our Privacy and Communications Policy. You also acknowledge that You have read and understand these terms before You submit any personal information on this Website for any reason. We intend to comply with the requirements of the CAN-SPAM Act (15 U.S.C. $ 7701 et. seq.) at all times. We do not engage in sending any unsolicited SPAM or junk mail of any kind including sending out any email communications in bulk or by a single mailing to anyone. However, if You have registered to this Website or subscribed to receive any materials from us and provided your email, You may receive promotional emails regarding upcoming product offers, sales, contests, etc. We do not consider such communications to be unsolicited SPAM. You will always have an option to opt-out of receiving any such communications from us. Please see our Privacy and Communications Policy for more information on how we use any information we collect from You. No person who accesses or uses this Website, including any registered users, may use any information collected from this Website to send any unsolicited email communications or email communications otherwise in violation of the CAN-SPAM Act. Such activities are strictly prohibited and a violation of these terms. We will immediately terminate the user account of any registered user (to the extent applicable) who has violated this provision. If You would like to contact us for any other reason relating to this policy, including making any complaints regarding any emails sent to You, please contact us at support@totaltechcare360.com. If you would like to opt-out of marketing or promotional emails, please either click “unsubscribe” in the body of the email communication, or send an email to support@totaltechcare360.com to be removed. Severability If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement. Entire Agreement Except for the Privacy and Communications Policy or the terms of any Other Agreement, these terms supersede any and all prior and existing agreements, whether oral or in writing, between You and us with respect to your use and access of this Website and constitutes the entire agreement between the parties. This Agreement will be expressly incorporated by reference in each and every agreement between You and us regarding your use and access of this Website, including the terms of any Other Agreement. Arbitration You agree to give up your rights to bring any claims relating to this agreement and/or your use of this website in general including the right to a jury or bench trial and/or to initiate or participate in a class action lawsuit against us before a court of law or other legal tribunal and to resolve all disputes or claims exclusively by arbitration other than any disputes or claims related to the protection of any intellectual property rights. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between you and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the american arbitration association (“Aaa”) and shall be administered by the aaa. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this agreement. Any arbitration proceeding shall be exclusively brought and heard in a federal or state court, situated in sheridan, wyoming. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either you or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the aaa. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If you do not send a written notice to us within the requisite one (1) year period, you agree that any such claim (or claims) shall be waived and are hereby released by you and you shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period. Venue/Choice of Law Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a federal or state court situated in Sheridan, Wyoming and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of Wyoming without regard to any applicable provincial conflict of laws principles and without regard to any applicable International laws, treaties or regulations. Waiver The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder. Termination of Website Services We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website. Headings/Construction The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us. Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction. Notice Except as explicitly stated otherwise, any notice to us shall be given by email to: support@totaltechcare360.com. Any notice to you shall be sent to the email address that you provide to us during the registration process. Notice shall be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. You may also send notices to us by certified mail, postage prepaid and return receipt requested, to the following address: Total Tech Care 360 30 N Gould Suite #5319 Sheridan Wyoming USA. Alternatively, either party may give notice by overnight courier mail through a nationally recognized courier service, which notice will be effective when actually received. With respect to any claim that any of the Services were deficient, you must notify us within Seven (7) calendar days following our completion of such Services, or portion thereof, comprising a separate task or issue. If you fail to give the Company written notice of such deficiency within such seven (7) day period, the Company will not be required to remedy such deficiency. Provided that you give Company notice in accordance with this paragraph, the Company agrees to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give the Company reasonable access to your Computer Systems and Devices covered by the Services if necessary to enable such efforts. If the Company, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in this Agreement. You must give us an opportunity to connect and fix the issue during the seven day warranty period. If You close-out the remote session, we will not be liable to You for any partial or full refund. If, after using commercially reasonable efforts, we are unable to remedy any deficiency in Services provided, then we may, in our sole discretion, elect to issue you a refund for the deficiencies on the Services provided in the amount deemed appropriate by us. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified in this Agreement. If it is deemed that a refund should be issued to You, a credit will be issued to the credit card or payment device that was used to purchase the Services. General Termination & Refunds You may terminate this Agreement before the expiration of the Term (or any applicable renewal term) for any reason, or for no reason, by sending an email to support@totaltechcare360.com with the subject line “Cancellation.” Include your stated desire to cancel in the body of your email and reference the Services. Upon receipt of your email, we will send You written confirmation that this Agreement has been terminated and, upon such termination, this Agreement will terminate and we will stop debiting your credit card or other payment method. You may request that we provide to You a refund for any amounts previously billed to You, provided such request is made by You within 7 days from the date You have subscribed to receive any Services and further provided that such Services, or any portion thereof, have not been rendered by us. Once any portion of the Services have been rendered, that portion of the Services is non-refundable. Any subscription/membership fees being billed is non-refundable and considered rendered. If you cancel this Agreement at any time before payment of any remaining fees due for the then current Term or period covering the cancellation date, we shall debit your credit card or other payment method after cancellation for this final charge in full and You shall remain liable for all remaining fees required to be paid during the Term. In the event this Agreement is terminated, such termination shall be effective beginning at 12:00 a.m. MST (GMT-7 hours) the day following the date You send email or written notice to us. Notwithstanding, If you fail to accept an update or amendment of this Agreement (as described in this Agreement), this Agreement shall automatically terminate. If you choose to terminate your membership, the terms of this Agreement regarding any Content you have uploaded remain applicable Content that you have posted to the Website, other than Content that has been published, may not be deleted or retired as a result of your termination. We will retain any of your Identity Information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures. You acknowledge that the Company is not obligated to provide a copy of your Content or data to You or to any third party, and that upon termination or expiration of this Agreement for any reason, the Company may purge your Content from its servers without notice to You. We may terminate this Agreement at any time in our sole discretion and terminate your use and access of our Website prior to the end of the Term by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services; or iii) if, in our sole discretion, we deem that You are abusing the Services by exceeding the level of use reasonably expected from a single account. Upon the termination or expiration of your account or this Agreement for any reason, your right to use the Services and your access to the Services (including any Content you submit) shall immediately terminate, and you must immediately return any materials, software, etc. provided to You by the Company, to the extent applicable. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid fees for any of the Services, regardless whether the same have been rendered by us or not. Unless noted otherwise in the product description, items we sell are covered under our 30 day return policy as follows: You may return any unused product purchased on this Website within 30 days from the date of purchase, provided the returned product(s) is undamaged and is in its complete and original condition (including all documentation, media or all other separate items or components included in the original shipment). Any items You return cannot show signs of wear and/or installation or otherwise any use, or no refund will be provided whatsoever. We will refund the purchase price of the returned product upon receipt of your return shipment, less all shipping and handling charges You have paid, which are non-refundable, and we will charge a 25% restocking fee, which will be deducted from the refund amount to cover fees and possible shipping costs charged to us relating to the return. All returns must be shipped (postmarked) to us no later than 15 days after any request for return is approved by us. Failure to follow the return instructions included with the product or posted on this Website shall render any obligation by us to refund your purchase price null and void. Unless otherwise noted during your purchase, products may be returned in an opened box or opened packaging. Please sign into your account, then please click ‘View Order’ under the Order Detail & Tracking tab, then click ‘Return Request’ next to the item you wish to send back. Check the box next to the item and choose the reason for the return. After you hit next you will then be able to print a prepaid return shipping label to use to ship the items back to us. Actually, you’ll get two labels, one for UPS and one for the USPS Mail Innovations. Please use the shipping method that works best for you. If you use the UPS ground label you may drop the package at any UPS location. If you choose USPS (UPS Mail Innovations) label you may give the package to the United States Post Office. Returns will be refunded in the original method of payment. Do not send items back through other means or without obtaining a return authorization as your package may be sent back to you. You may request a return online by signing into your account, via phone 888-632-6638, or email support@totaltechcare360.com. Usual turnaround time is 1-2 weeks from time shipped to when refund is issued. However, if any items (or components or accessories of any items) You receive are missing, incorrect, damaged, or “breaks” upon your installation and use of the same due to the part being inherently defective, upon our receipt and inspection of the returned product from You, which must be done within the 30 day refund period, we will then promptly send You any missing or replacement item(s) or component(s) at our sole cost, or we reserve the right to instead refund the total purchase price to You with no restocking fee deduction or other offset, including refunding Your shipping and handling costs, which such option shall be determined by us in our sole discretion. We will provide You with a return shipping label for your return shipment of any damaged product or any incomplete product which must be returned to us. You agree that our correction of the same or our refund of the purchase price and shipping and handling costs shall be your sole remedy in the event You receive any missing, damaged, incorrect or defective items from us. You are responsible for all risk of loss for any returned products. We shall not be responsible for any returned products that are lost or damaged during the return shipment. Shipping confirmation should be used with the return shipment. We should be contacted during normal business hours for return approval. Excluded Items: Notwithstanding our Return Policy, the following items may only be returned if they are damaged at the time of shipment, are incorrect or are missing any parts or accessories included with your purchase of such item(s) upon delivery to You: Clearance Items may not be returned or exchanged and Gift Cards and Electronic Gift Cards are also final and cannot be returned or refunded except where prohibited by law. These items are not covered by our return policy. We reserve the right, at any time, to amend the provisions of this Agreement. If you do not accept any amendments, this Agreement will terminate. Please regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, We will notify You upon the first time you log-in to use the Services upon such changes by us and such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy, as well as the Website Terms of Use in effect at the time of such use. Please regularly review the Terms of Use on the home page of the Website to view the then-current Terms of Use, Terms of Service and Privacy Policy. The services the subject of this Agreement consist of full access and use of our online remote PC support services platform provided through this Website (“Services”). “Services” as used throughout this Agreement shall collectively include services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”). We will use commercially reasonable efforts to answer your technology questions and resolve your technology problems for a fee as set forth in the Website or as estimated on the telephone, as applicable. We may provide certain portions of the Services via remote control session, online chat or e-mail, as we deem necessary in order to resolve your technical issue the subject of any portion of the Services at any time provided to You by us. We may set forth limits to the technology we support and certain Services may have minimum system requirements, as stated on our Website. You hereby acknowledge that by your use of the Services and by entering into this Agreement, You are authorizing our employees, agents or third party service providers with the right to allow necessary remote access of your computer systems, computers, software, network devices, servers, phones, tablets, mobile devices, peripherals and/or any other hardware, systems or devices (collectively “Computer Systems and Devices”) covered by and in connection with the Services for the purposes of diagnosis, service and repair. This means You authorize us to open, view, modify, edit, delete, or otherwise manipulate your computer software, applications, data, and data storage media including, without limitation, your computer operating system, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your Computer Systems and Devices. You also consent to the downloading and/or installation of software or other products by us on your Computer Systems and Devices as part of the Services, including without limitation, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware which the Company may elect to install. In the course of using the Services, You may submit or otherwise provide data and other content (“Content”) to us and/or any person or entity upon which we rely upon to host or provide any Third Party Software (as defined below), our Website or the Services. You represent that You have obtained all necessary rights and licenses to use any such Content, as applicable. You hereby grant to us and to our employees, agents and to our third party providers a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, transferable, sub-licensable right and license to use, copy, store, transmit and disclose your Content for the limited purposes of fulfilling our obligations to You and to provide the Services to You described in this Agreement. We reserve the right to delete from our servers any such Content at any time in our sole discretion without notice or liability to You. You acknowledge that the Services may not be available at all times, and may not be available in the format generally marketed, and some Computer Systems and Devices may not be able to receive the Services even if initial testing shows that your connection was qualified or your computer environment was suitable. In order for you to receive the Services, which will be provided remotely, the Company will qualify your Internet connection for the minimum line rate (speed) available for support based on the Company’s standard line qualification procedures. You acknowledge that the Services require high-speed Internet access and that it is your responsibility to ensure that you have adequate connectivity to the Internet. You acknowledge and agree that the Company, its third party service providers and/or its licensors or other third parties may, at any time, without notice or liability, take actions which restrict the use of the Services or limit the time of availability of the Services if: (a) your use of the Services puts an excessive burden on the Services or the Company’s network (as determined by the Company in its sole discretion); or (b) in order to perform maintenance activities, make modifications to the Services and to maintain session control; or (c) in the event of a denial of service attack or other attack on the Services or other event that the Company determines, in its sole discretion, may create a risk to the Services to You, to any of our other customers, or to others. For all Services that require scheduling a session with the Company, the Company will use commercially reasonable efforts to schedule a mutually convenient Service session within a reasonable period of time. However, you acknowledge that circumstances outside of the Company’s control (for example, a large scale outbreak of a new computer virus), scheduling conflicts and/or other unforeseen circumstances may cause significant delays in the Company’s ability to schedule a Service session and/or to otherwise attend a scheduled Service session. In the event that such circumstances cause the Company to miss a scheduled Service Session, the Company will use commercially reasonable efforts to re-schedule a mutually convenient Service session within a reasonable period of time. You acknowledge and agree that any unauthorized use, copying or distribution of our Website and all other separate Website elements, the Services or Materials (as defined in our Website Terms of Use) is expressly prohibited by law. Without limitation, You agree not to do any of the following: (i) Attempt to gain unauthorized access to any portion of the Website or to other accounts, computer systems or networks connected to the Website, whether through hacking, password mining or any other means; (ii) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; (iii) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; (iv) Engage in any systematic extraction of data or data fields, including without limitation e-mail addresses; (v) Disrupt, interfere with or inhibit any other person’s use and enjoyment of the Services; (vi) Violate our rights or any third party rights, including without limitation abuse, defame, defraud, harass, stalk, threaten or otherwise violate our legal rights (such as rights of privacy and publicity) or any third party legal rights; (vii) Use our domain name as a false or pseudonymous return e-mail address; (viii) Use our business or domain name to market or sell any goods or services (including advertising and making offers to buy or sell goods or services or implying that we in any manner endorse or are associated with such goods and services), unless we have given our prior written consent; (ix) Use any portion of the Website in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Website or any networks connected to the Website; (x) Access or use the Website or the Services in any manner that could damage, disable, overburden or impair any of our servers or the networks connected to any of our servers; or (xi) resell any portion of the Services or use the Services or any portion thereof for high volume purposes or as a virtual support center, as determined by us in our sole discretion (or engage in similar activities); or (xii) not use the Services for the users and Computer Systems and Devices not specifically registered with us or otherwise authorized by the us for your use in connection with the Services. In addition, You agree that at all times You will comply with the our minimum system and hardware requirements, which we may change from time to time at our sole discretion, and You acknowledge that we have the right to terminate this Agreement and the Services if you do not comply with the our minimum system and hardware requirements. You may be required to install certain software provided by third parties on your Computer Systems and Devices covered by the Services (“Third Party Software”) to assist us in providing the Services to You. You agree to install and use the software in executable form only, as directed by us. We reserve the right to terminate this Agreement and your use of the Services if You: (i) do not install all of the required software on your Computer Systems and Devices covered by the Services (as applicable and as directed by the Company) or (ii) alter, modify or disable any of the required software or its settings or configurations upon our direction. We do not license any Third Party Software to you or make any representation or warranty regarding the 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 prior to installation or use of the Third Party Software, even if we assist You in the acquisition, installation, and/or use of Third Party Software. You must ensure that You comply with the terms and conditions under which you licensed all Third Party Software or purchased any equipment. We do not warrant or represent 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. Assistance and Support: The Company will provide technical assistance and support for the Third Party Software in accordance with its then current policies, which the Company may change from time to time in its sole discretion. To the extent that the Company provides technical assistance and support for any Third Party Software or equipment, you agree to comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. The Company makes no representation or warranty that it is an authorized service provider for any Third Party Software or for any equipment, and you acknowledge and agree that it is your sole responsibility to determine if you require additional rights for the Company 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. Export Controls: Any Third Party Software and any related technical data or underlying information (collectively, the ‘Controlled Technology’) are or may be subject to the export and import laws of the United States and other countries. You agree to comply with all export and import laws and regulations, including the U.S. Export Administration Act and its associated regulations. None of the Controlled Technology may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods; or (b) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or Nonproliferation Sanctions List. By accessing, using or receiving the Controlled Technology, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are liable to obtain any necessary U.S. government authorization to ensure compliance with U.S. law. All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material (collectively “Content”) which is protected by copyright, trademark or other proprietary rights by us or affiliates or other third parties. No Content may be used without our prior written consent. We retain all right, ownership, title and interest in all Content, whether or not we have registered for or has been granted any such protections under State and/or Federal law. We are not affiliated with Microsoft, Apple or any other email provider or internet service provider who may offer their own support services. If you choose to receive Subscription Services from us, We will use commercially reasonable efforts to troubleshoot, analyze, assess and correct the problem you are experiencing. If We are unable to recommend a solution for your problem within the first 20 minutes of providing service, the Company will not charge you for such 20 minutes of service. If you decide to continue further use the Company’s services to correct the problem, you will be charged by the Company for such additional services as applicable to the Agreement. If you choose to receive Subscription Services from us, We will use commercially reasonable efforts to troubleshoot, analyze, assess and correct the problem you are experiencing. If We are unable to recommend a solution for your problem within the first 20 minutes of providing service, the Company will not charge you for such 20 minutes of service. If you decide to continue further use the Company’s services to correct the problem, you will be charged by the Company for such additional services as applicable to the Agreement. You agree to purchase a membership to access the services you have elected to purchase through our website on a paid basis under the terms set forth in this agreement for the membership term, unless you cancel this agreement as set forth below, in which case this agreement will terminate at 11:59 p.M. Mst (gmt -7 hours) on the last day of the trial period. If you choose to purchase a membership, then the term shall begin on 12:00 a.M. Mst (gmt -7 hours) on the next day following the expiration of the trial period and this agreement shall remain in full force and effect. If you decline to purchase a membership, we reserve the right to retain your identity information for the purpose of contacting you from time to time to provide information and to offer our products and services to you as more fully set forth in our privacy policy consent section below. Unless you have purchased a special or trial offer subscription service that specifically provides other terms for cancellation and/or refund, you may cancel any subscription service within seven (7) days following your purchase of the subscription service, by sending an email to support@totaltechcare360. Com. With the subject line “Cancellation.” include your stated desire to cancel in the body of your email and reference the services. Upon receipt of your email, we will send you written confirmation that this agreement has been terminated and, upon such termination, we will not debit your credit card or other payment method. You agree that failure to cancel this agreement shall indicate your irrevocable consent and authorization to such automatic billing by us. You agree that you have been given every opportunity to review the terms before providing your billing information. The term of your use and access to any Subscription Service and your rights granted herein shall be for an initial term equal to the Subscription Service period you have elected to sign up for, as indicated by You during the check-out process on our Website (“Term”). The Term shall begin on and including the day You sign-up to receive the Services, unless otherwise stated in this Agreement, and ending on 11:59 p.m. MST (GMT-7 hours) on the final day of the Term. This Agreement shall be automatically renewed upon the same terms and conditions for successive terms equal to the same period as the initial Subscription Services period you have originally purchased (“Renewal Term”), unless this Agreement is canceled by You. Each Renewal Term shall begin on 12:00 a.m. MST (GMT-7 hours) on the day following the last day of the previous Term, or any subsequent Renewal Term. If you purchase a paid membership, you agree to pay a membership fee each month or upon a one-time basis in order to access the services, for the duration of the term, pursuant to the package you select on our website during the check-out process. Your credit card or other payment method you provide will be automatically charged in the applicable monthly membership amount or single charge for any individual services, in the amount stated on our website at the time you have purchased such services and have otherwise executed this agreement, immediately after the expiration of the term and upon the expiration of each subsequent renewal term, unless otherwise stated in this agreement. You acknowledge and agree that your failure to cancel this agreement before the end of the term or any subsequent renewal term will result in automatic charges to your credit/debit card or other payment method you have provided for the total amounts due and upon the time(s) due as stated under the terms of this agreement. You agree that failure to cancel this agreement shall indicate your irrevocable consent and authorization to such automatic, recurring billing by us. You agree that you have been given every opportunity to review these terms before providing your billing information. By providing your credit card, debit card, paypal, bank account information or any other billing information, you hereby authorize us to charge all fees and any other amounts due under this agreement according to the terms of this agreement. We are not responsible for pricing, typographical, or other errors in any offer or price stated on this website or this agreement and we reserve the right to cancel any memberships/subscriptions arising from such errors. We also reserve the right to cancel any sale made to you if we determine that there were inaccuracies in any description or information contained on this website regarding the services. Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Website or the Services. For any amount (a) not paid to the Company when due; or (b) paid by You via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, the Company reserves the right to charge and You agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, You agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that You owe to the Company, whether incurred before or after civil litigation is commenced. In addition, by charging back with Your bank You forfeit any rights to have Total Tech Care 360 work on Your device in the future. Depending on the Services purchased by You, any Services provided by us for each additional user and/or Computer System and Device may incur separate and additional fees as identified on documentation (including, without limitation, documentation provided via email) provided by us, from time to time, and/or set forth on the Company’s Website, and You agree to pay the same. We strive to provide accurate pricing information regarding our Services. We cannot, however, insure against pricing errors. We reserve the right, in our sole discretion, to not process or to terminate any orders placed for any Service whose price was incorrectly posted on our Website as a result of an error. If this occurs, we will notify you by email. In addition, we reserve the right, at our sole discretion, to correct any error in the stated full retail price. We do not guarantee that we offer the best available rates or prices and do not guarantee against pricing errors. We attempt to provide accurate descriptions of the Services. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If any of our Services are not as described, your sole remedy is to receive a refund. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or terminate orders if any information on our Website is inaccurate at any time without prior notice to You(including after You have submitted your order). We require that you register and create an account in order to subscribe to the Services offered through our Website. Once you provide the requested information during the registration process, an account will be automatically created. You also warrant and represent to us that any information you provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to the restricted areas of our Website in order to use the Services. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after you have logged-in for the first time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information. If you lose your password(s) or the encryption keys for any of your Company products or Services, the Company may not be able to assist you in recovering any associated data or information. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Website http://www.kids.getnetwise.org/tools. For more information regarding policies and practices about how we may collect and disclose information from our Website users, please visit and read our Privacy Policy. We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details. You hereby agree to defend, indemnify and hold us, our officers, directors, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; (iv) any credit-card funded payments to us that are reversed, to the extent applicable or (v) your negligence or willful misconduct. You hereby release us, our officers, directors, employees, agents and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Services or for any other purpose whether or not contemplated or permitted by this Agreement. If you are a California resident you hereby waive the application to you of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you hereby waive any applicable law that is similar to California Civil Code Section 1542. The services are being made available and sold on a “As is” and “As available” basis, “With all faults” and is being provided without any warranties, guarantees or representations of any kind, either express or implied, including the warranties of merchantability or fitness for a particular use or purpose. Without limiting the generality of the foregoing, we make no warranty regarding the quality, usefulness, reliability of or performance of the services or that the services will meet your expectations of use. You agree to assume the sole risk associated with your use of the services. We do not warrant that the services are appropriate or legal in your jurisdiction. We are not responsible for any unavailability, interruption or delay of any servers or with telecommunications or third party services (including dns propagation) necessary to host our website and/or to provide access to any services or materials made available through our website, under any circumstances. The use of the services and the materials therefrom shall be done solely at your own discretion and risk and with your understanding that you will be solely responsible for any damage to your computer system or any loss of data or any other harm that results from such activities. We shall have no responsibility for any failure that arises out of your use of the website and the services with any hardware configuration, platform or operating system, including without limitation any failure related to or arising from your inability to connect to or to access the website or services due to problems related to your pc hardware, software, network, network setup or security, or your internet service provider or any other similar problem. You agree that our officers, directors, shareholders, employees, affiliates, agents, attorneys, successors and/or assigns (as applicable), shall not be liable for any special, consequential, incidental or any other indirect damages including, but not limited to, any lost profits or revenues, lost data or lost goodwill or any other damages arising out of or relating to this agreement or your access and use of the website or the services including liability for any content or the access, recording, storage or other use by us thereof, including without limitation: (a) any content that is sent, received, held, released or otherwise connected in any respect to the website or the services; (b) any content that is uploaded but not received; (c) any access to or alteration of content by you or any other person; (d) any content uploaded using, or included in, the services; (e) any defamatory, illegal, obscene, offensive or threatening content; (f) the conduct of you or anyone else in using the services; or (g) any infringement of another person’s rights, including without limitation rights of privacy, intellectual property or data protection. You agree that the company’s liability shall in all cases be limited to the membership fees paid by you for the services during the term in which any such damage or loss has occurred. We shall not be liable to you as stated herein regardless of the cause of any such damage or the nature of any claim, whether for breach of contract, by statute, for any tortious conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not the company has been advised of the same. Accordingly, you agree to waive your rights under any laws that otherwise might limit your waiver of such claims, including california civil code section 1542 if you are a resident of the state of california, or any other applicable state laws. Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws. Our Service Professionals Referral service may from time to time refer you to certain third-party service professionals (“Service Professional” or “Service Professionals”). We do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs. Although we take steps to examine the credentials of our listed Service Professionals, we make no representations or guarantees regarding the skills or representations of such Service Professional or the quality of their work if you elect to retain their services. It is entirely up to you to evaluate a Service Professional’s qualifications. We do not endorse or recommend the services of any particular Service Professional. You are responsible for entering into a direct contract or otherwise reaching an agreement with a Service Professional. We are not an agent of any Service Professionals and the Service Professionals are not our employees or agents. We may inform you of certain offers or discounts provided by a Service Professional listed on the Website. However, such offers or discounts are made solely by the Service Professional, and we do not guarantee pricing or discounts offered by Service Professionals. Any quotes provided by Service Professionals via the Website are not legally binding offers made by us and are solely provided for informational purposes. You acknowledge that any quotes provided on our Website do not create contractual arrangements. Furthermore, scheduling an appointment with a Service Professional on the our Website does not create a contractual obligation with us. Any contractual agreements must be negotiated directly with a Service Professional. Any disputes between you and a professional will be resolved between you and the Service Professional directly. You hereby agree to release any officers, directors, affiliates, employees and agents of total tech care 360 and from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals. In using the Service Professional referral service, You will be asked to provide reviews on your experience with Service Professionals. By using this service, you promise that all information you provide (including but not limited to your contact information, and any ratings and reviews of Service Professionals that You provide) will be accurate, current and truthful to the best of your knowledge. You agree that providing incomplete or false information, this shall give us the right to terminate your Subscription Services and/or refuse to provide to You any future use of the Services. You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of your specific jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. By purchasing any product from us, You represent that the products ordered will be used only in a lawful manner. The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Website and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law. By entering into this Agreement, you agree to our collection, use and disclosure of your personally identifiable information (“Identity Information”) and all other information in accordance with this Section and in accordance with our Privacy Policy. We may use and share your Identity Information You submit through the registration/sign-up process and your use of the Services with any third parties as set forth in our Privacy Policy. This information may include your email address, name or mobile phone number, PC home service records and/or Website “Use information” (as defined in our Privacy Policy) that we automatically collect about your use and interaction with our Website and in connection with the Services. We will store this information and this information may be shared with third-party Service Professionals in order to respond to your Services needs. When You provide us with this information, You consent to being contacted by us and by our Service Professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if You are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our Website, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. We may also use cookies as described in our Privacy Policy, for the purposes described therein and in delivering the Services to You. The manner in which we use any Identity Information or any other information that You submit or that we collect automatically through your access and use of the Services and/or access and use by any of your users under the terms of this Agreement shall at all times be consistent with this Section and with our Privacy Policy. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement and You hereby consent to our use of any of your Identity Information and/or Use Information as described therein and in contacting You in the manner set forth herein. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Information and data collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we maintain facilities. You consent to any such transfer of personally identifiable information outside of your country of citizenship or residence. We collect and store certain information submitted during any remote online pc session conducted with you in connection with our services including, without limitation, identity information, and your pc home service records. We share this information with third-party service professionals in order to respond to your services needs. When you provide us with any of your identity information, you consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “do not call” list, in order that we may provide the services to you, to reasonably address matters pertaining to your account or for other purposes related to your service request or related to our business. We also back-up and store all of your computer files and documents online in our cloud based storage. We keep this data during the time we perform any services for you in order to properly assist you and we will delete all such data upon your written request that we do so, or upon the termination of the terms of service you enter into with us, whichever comes first. We shall have no responsibility whatsoever to store your computer files or documents and you agree that you shall not rely on us for such purposes. We may, but have no obligation to, monitor and record any telephone calls and online sessions with you for purposes of improving customer service, internal training and internal market research. the laws of some jurisdictions require the giving of notice to, or receipt of consent from, individuals prior to intercepting, monitoring and/or recording their communications. in addition, u.s. and e.u. laws and the laws of some other jurisdictions restrict collection, storage and use of personally identifiable information and use of other information automatically collected using cookies and similar data collection tools without disclosing such collection and use to anyone using our services. you agree to comply with all applicable laws, to obtain all necessary consents, and to make all necessary disclosures before using the services. when you participate in a remote online pc session, you are responsible for any information that is visible to our employees and agents during such session and we may record and store the same. such recording may be done by us by devices embedded in your computer, or by stand-alone devices such as mobile phones. we have no control over, and shall have no liability to you whatsoever for, whether and in what manner any of our affiliated third party services providers use any of your information or any other information or materials you provide/display through any computer systems and devices you own, control or operate that you give us access to in connection with the services. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or agreements of the parties, weather written or oral. This Agreement cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of this agreement. Authority. If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement. Arbitration You agree to give up your rights to bring any claims relating to this agreement and/or your use of this website including the right to a jury trial and/or to initiate or participate in a class action lawsuit against us before a court of law or other legal tribunal and to resolve all disputes or claims exclusively by arbitration. except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between you and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the american arbitration association (“aaa”) and shall be administered by the aaa. notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this agreement. Any arbitration proceeding shall be exclusively brought and heard in a federal or state court, situated in sheridan, wyoming. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either you or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the aaa. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If you do not send a written notice to us within the requisite one (1) year period, you agree that any such claim (or claims) shall be waived and are hereby released by you and you shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court situated in Sheridan, Wyoming and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process, except that the Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Wyoming, U.S.A. without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement. Assignment. This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns. No Employment, Joint Venture or Partnership Relationship. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. You acknowledge that the Company is an independent contractor and neither the Company nor any of its directors, officers, agents, employees, or affiliates is or shall be deemed employed by you. The Company reserves the right to determine the method, manner and means by which the Services will be performed. The Company and its directors, officers, agents, employees, and affiliates are not required to perform the Services for you during any particular hour of the day or night, and the time spent accessing your Computer Systems and Devices covered by the Services is at the Company’s discretion, subject to your access times and security requirements. You further acknowledge that the Company is not required to devote its full time or the full time of any of its directors, officers, agents, employees, or affiliates to the performance of the Services, and you acknowledge that the Company has other clients and that it offers Services to the general public. The order and sequence in which the Services are to be performed shall be under the control of the Company and its agents, employees and affiliates, and not under your control. Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement. If you do not agree to all of the terms and conditions contained in this agreement, you are not permitted to access or use the services or any restricted portions of our website.
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Pravni uvjeti korištenja Posljednja izmjena 5.3. 2015. Pristup ovoj internetskoj stranici (web-stranici) omogućen vam je pod sljedećim uvjetima korištenja i svim izmjenama ili dopunama istih (u daljnjem tekstu skupno kao Ugovor) koje Johnson & Johnson S.E., d.o.o. ili jedno od povezanih društava (zajedničkog naziva „vlasnik straniceˮ, „miˮ) imaju pravo s vremena na vrijeme objaviti. Smatra se da korištenjem ove web-stranice ili bilo koje druge usluge ili sadržaja koji se nude putem ove stranice [ili softvera za mobilne telefone] potvrđujete da prihvaćate zakonsku obvezu pridržavanja uvjeta i pravila ovog Ugovora, koja vrijede na jednak način kao da ste i potpisali Ugovor. Ako ne prihvaćate uvjete i pravila ovog Ugovora, molimo vas da ne pristupate ovoj web-stranici i ne objavljujete niti nudite putem nje nikakve sadržaje. Ova web-stranica namijenjena je stanovnicima Republike Hrvatske. Ova web-stranica nije namijenjena osobama mlađima od 14 godina. Informacije koje sadržavaju savjet i preporuke na web-stranici služe samo kao informacije općeg znanja. Ova web-stranica ne daje liječničke ni zdravstvene savjete niti služi za postavljanje liječničke dijagnoze ili liječenje bilo kojeg pojedinačnog zdravstvenog problema. Također nije zamjena za stručni savjet i usluge koje daje kvalificirani liječnik upoznat s vašom jedinstvenom situacijom. Uvijek zatražite savjet svog liječnika ili drugog zdravstvenog radnika u vezi sa svojim zdravstvenim stanjem i prije početka nekog novog liječenja. Vaše korištenje ove web-stranice predmet je dodatnih izjava o ograničenju odgovornosti i upozorenja koji se mogu nalaziti na ovim web-stranicama. Odričemo se svake odgovornosti za štetu nastalu izravnim ili neizravnim djelovanjem ili nedjelovanjem koje ste poduzeli na temelju informacija, usluga ili sadržaja na ovoj web-stranici. Iako se trudimo da informacije na ovoj web-stranici budu točne, potpune i pravodobne, ne dajemo nikakva jamstva i nismo odgovorni ni za kakvu štetu ili gubitak nastao zbog netočne, nepotpune i nepravodobne informacije na web-stranici. Ovime primate na znanje da je web-stranica dostupna samo za vaše osobno korištenje u nekomercijalne svrhe. Slažete se da je web-stranica vlasništvo vlasnika stranice uključujući sva prava intelektualnog vlasništva te da ih nemate pravo rabiti u svrhu različitu od one definirane ovim uvjetima korištenja. Nismo odgovorni za štetu ili gubitak nastao u vezi s korištenjem ove web-stranice u poslovne svrhe ili u neke druge svrhe koje nisu odobrene ovim uvjetima korištenja. Zadržavamo pravo da vam prema vlastitoj procjeni uskratimo pristup ovoj web-stranici. Pristup ovoj web-stranici je besplatan te na osnovi toga nismo obvezni pružati usluge njezina održavanja ili tehničke podrške te nismo odgovorni za štetu ili gubitak koji nastane kao posljedica neodržavanja ili neobnavljanja web-stranice. Nemate pravo umnožavati, mijenjati ili reproducirati web-stranicu, izmjene i dopune u vezi s njom ni softver koji je njezin sastavni dio. Imate se pravo koristiti ovom web-stranicom samo u zakonite svrhe i u skladu s ovim uvjetima korištenja. Imate neekskluzivnu, neprenosivu, opozivu, ograničenu dozvolu za pregled, ispis i distribuciju sadržaja web-stranice u osobne, nekomercijalne svrhe uz uvjet da ne uklanjate ili zaklanjate napomenu o autorskim pravima ili bilo koje druge napomene navedene u sadržaju. Nemate pravo umnožavati, reproducirati, mijenjati, objavljivati, prevoditi, distribuirati, prilagođavati, objavljivati u javnosti putem telekomunikacija, prenositi ni prodavati sadržaj ove web-stranice na bilo koji način u komercijalne svrhe uključujući i ostale web-stranice bez prethodnog pismenog odobrenja vlasnika stranice. Nadalje, slažete se da nećete: (i) rabiti ovu web-stranicu tako da onemogućite, oštetite ili opteretite ovu web-stranicu te da nećete rabiti ovu web-stranicu tako da onemogućite bilo kojem korisniku sudjelovanje u aktivnostima u realnom vremenom preko ove web-stranice; (ii) rabiti robota, pauka ili neki drugi automatski uređaj, proces ili sredstvo za pristup ovoj web-stranici radi prikupljanja ili miniranja podataka, snimanja ili umnožavanja materijala s ove web-stranice; (iii) rabiti ručni postupak snimanja ili umnožavanja materijala s ove web-stranice ni sudjelovati u nekoj drugoj neovlaštenoj aktivnosti bez prethodnog pismenog odobrenja vlasnika stranice; (iv) rabiti uređaj ili softver koji može omesti pravilan rad ove web-stranice; (v) pokušavati ometati pravilan rad ove web-stranice na bilo koji drugi način. Zadržavamo sva prava koja vam izričito nisu odobrena. Pri prvoj registraciji na web-stranici upućujemo vas na izradu zaporke. Morate čuvati tajnost svoje zaporke, ne smijete je dati drugoj osobi niti smijete dopustiti drugoj osobi da se koristi vašim računom. Ne smijete se koristiti tuđom zaporkom ili računom. Dužni ste nas odmah obavijestiti ako sumnjate na neovlašteno korištenje svoje zaporke ili računa. Nismo odgovorni za štetu ili gubitak koji je nastao jer niste čuvali tajnost svoje zaporke, ako ste dopustili drugoj osobi da se koristi vašim računom, ako se koristite tuđom zaporkom ili računom ili ako ste utvrdili ili sumnjate na neovlašteno korištenje svoje zaporke ili računa, ali nas niste o tome pravodobno obavijestili. Podatke koje prikupljamo tijekom vašeg korištenja ove web-stranice, bilo u postupku registracije ili na neki drugi način, predmet je naših Pravila o privatnosti. Naša Pravila o privatnosti odnose se na prikupljanje i korištenje podataka koje ste nam dali uključujući i prava vezana za te podatke. Komunikacija vezana za podatke na ovoj web-stranici je elektronička. Kada komunicirate s nama preko ove web-stranice ili preko nekih drugih oblika elektroničkih medija, kao što je e-pošta, tada komunicirate s nama elektroničkim putem. Slažete se da možemo komunicirati elektroničkim putem u skladu s lokalnim pravilima o privatnosti te da je takva komunikacija, kao i obavijesti, objave, dogovori i sva ostala elektronička komunikacija jednaka komunikaciji pismenim putem te da ima istu snagu i učinak kao da se radi o pisanoj komunikaciji koju je potpisao pošiljatelj. Izradili smo i imamo pravo izraditi u budućnosti određena područja unutar web-stranice, kao što su oglasne ploče i sobe za čavrljanje (engl. chat rooms), gdje članovi mogu objavljivati i dijeliti svoja mišljenja, komentare, ocjene proizvoda, fotografije, videoisječke i sl. s ostalim članovima (skupno „forumiˮ). Ti su forumi dostupni samo registriranim članovima na web-stranici. Kako bi se osiguralo da su tekstovi, slike, softver, glazba, zvuk, fotografije, videoisječci, poruke, objave, podaci, informacije i ostali materijali koje šalju korisnici (skupno „korisnički sadržajˮ) korisni široj zajednici, utvrdili smo neka osnovna pravila ponašanja. Nadalje, ako se unutar web-stranice nudi forum, on omogućuje korisnicima slanje pitanja na koja traže odgovore stručnjaka. Gdje je to moguće, mi plaćamo tim stručnjacima vrijeme koje su proveli u davanju odgovora članovima, ali izražena mišljenja su njihova vlastita. Članovima ove web-stranice omogućujemo pristup stručnjacima i njihovu mišljenju putem foruma samo kao informativnu i edukativnu uslugu. Naše pravilo za ovu web-stranicu jest da pregledavamo korisnički sadržaj, onoliko koliko je to praktično, bilo prije, bilo nakon objave takva korisničkog sadržaja. Provjera dopustivosti sadržaja prije objave (engl. pre-moderation) znači da se korisnički sadržaj neće objaviti na forumu te mu ne mogu pristupiti ni pregledavati ga drugi članovi web-stranice prije nego što ga mi pregledamo i zaključimo da je on prikladan za objavu na forumu. Ovaj postupak također znači da korisnički sadržaj ne može biti objavljen u realnom vremenu niti će biti objavljen ako odlučimo da je neprikladan za ovu web-stranicu. Naknadna provjera dopustivosti sadržaja (engl. post-moderation) znači da ćemo korisnički sadržaj pregledati nakon objave na web-stranici. Ako provjerom dopustivosti sadržaja nakon objave korisničkog sadržaja vlasnik stranice odluči da korisnički sadržaj nije sukladan ovim uvjetima korištenja ili da nije prikladan za ovu web-stranicu, bit će uklonjen s web-stranice bez slanja obavijesti korisniku. Korisnički sadržaj mora biti prikladan za forum. Ne ograničavajući razloge odbijanja korisničkog sadržaja, imamo pravo odbiti, urediti ili ukloniti svaki korisnički sadržaj koji nije u skladu s našim smjernicama, koje je potrebno pročitati prije slanja svakog korisničkog sadržaja na web-stranicu. Slanjem korisničkog sadržaja na forum, vi također (1) potvrđujete da ste ovlašteni slati ili prenositi korisnički sadržaj; (2) slažete se da ste samo vi odgovorni za cijeli korisnički sadržaj koji šaljete; te (3) dajete vlasniku stranice i njegovim povezanim tvrtkama neopozivo, globalno, neekskluzivno, trajno, podložno podlicenciranju, prenosivo pravo oslobođeno tantijema i dozvolu za korištenje vašeg korisničkog sadržaja na ovoj web-stranici i na svim ostalim web-stranicama u vlasništvu vlasnika stranice ili njegovih podružnica (te na svim stranicama društvenih medija povezanih s vlasnikom stranice ili njegovim podružnicama). Možemo slobodno rabiti sve ideje, koncepcije, znanja, vještine i tehnike sadržane u korisničkom sadržaju ili izvedene iz njega u bilo koju svrhu uključujući razvoj, proizvodnju i marketing proizvoda. Stoga vas molimo da ne šaljete ideje, prijedloge ili materijale koje želite čuvati kao povjerljive ili za koje očekujete naknadu. Nemate pravo na potraživanja u vezi s korištenjem ili nekorištenjem korisničkog sadržaja. Slanjem korisničkog sadržaja primate na znanje da mi imamo pravo, ali ne i obvezu, rabiti, prikazivati i objavljivati vaše ime, fotografiju, glas, izgled, biografske podatke i/ili izjave diljem svijeta u okviru ove web-stranice i svih pridruženih web-stranica ili društvenih medija u vlasništvu vlasnika stranice ili njegovih podružnica. Ako iskoristimo bilo koje od tih prava, razumijete i slažete se da nećete dobiti nikakvu odštetu, naknadu, obavijest ili priznanje niti imate ikakvo pravo odobriti kako je vlasnik stranice iskoristio korisnički sadržaj. Svjesni ste da forumi sadržavaju mišljenja i poglede ostalih korisnika. Također ste svjesni da mi nismo odgovorni za točnost korisničkog sadržaja na web-stranici. Primate na znanje i slažete se da je korisnički sadržaj odgovornost jedino osobe koja ga je poslala na forum. Primate na znanje i slažete se da ćete procijeniti i snositi sav rizik vezan za korištenje korisničkog sadržaja uključujući i rizik oslanjanja na točnost, potpunost ili korisnost korisničkog sadržaja. Zadržavamo pravo u svako doba i prema vlastitoj procjeni prekinuti, privremeno ili trajno, vašu mogućnost slanja korisničkog sadržaja i/ili vašu mogućnost pristupanja korisničkom sadržaju uz prethodnu obavijest ili bez prethodne obavijesti. Slažete se da nismo odgovorni prema vama ni prema trećim stranama za privremeni ili trajni prestanak prihvaćanja korisničkog sadržaja. Ne zaboravite da se svaki korisnički sadržaj koji šaljete na web-stranicu preko mobilnog uređaja pohranjuje na taj mobilni uređaj. Sigurnost vašeg mobilnog uređaja te informacije i materijali sadržani na njemu, kao i zaporka koju imate na mobilnom uređaju za pristup web-stranici, samo je Vaša odgovornost. Imamo pravo odrediti maksimalnu količinu korisničkog sadržaja koji se čuva na web-stranici. Nismo odgovorni za štetu ili gubitak koji je nastao kao posljedica brisanja ili nečuvanja poruka, komunikacija ili ostalog korisničkog sadržaja vezano uz održavanje maksimalne količine čuvanih podataka. Dodatni uvjeti reguliraju određene značajke ili sadržaje na web-stranici kao što su ponude, nagrade, natjecanja, natječaji i klađenja. Sudjelujući u aktivnosti na web-stranici koja je regulirana dodatnim uvjetima, kao što je nagrađivanje, natjecanje, natječaj ili klađenje sa službenim pravilima, slažete se i prihvaćate dodatne uvjete zajedno s ovim uvjetima korištenja. Ova web-stranica nudi se „kakva jestˮ i „prema dostupnostiˮ. Osim ako nije drukčije navedeno, sukladno zakonu koji je na snazi, vlasnik stranice se do najveće moguće mjere izričito odriče svakog jamstva, izričitog, zakonskog ili prešutnog uključujući, ali ne ograničavajući se na sva jamstva tržišne raspoloživosti, prikladnost za posebnu svrhu ili povrede prava. Vlasnik stranice ne jamči da će web-stranica ispuniti vaše zahtjeve ili da će pristup web-stranici biti neprekinut, pravodoban, siguran ili bez nedostataka ni da će se nedostaci, ako postoje, ispraviti. Vlasnik stranice ne jamči za rezultate koji se mogu dobiti korištenjem ove web-stranice te za točnost, kvalitetu ili pouzdanost informacija dobivenih putem web-stranice. Razumijete i slažete se da materijal i/ili podatke preuzete ili na neki drugi način dobivene putem ove web-stranice rabite na vlastiti rizik te da ste samo vi odgovorni za štetu na svom računalnom sustavu ili za gubitak podataka koji je proizašao iz preuzimanja takvih materijala i/ili podataka. Nikakav savjet ili informacija, bilo usmena, bilo pismena, koju ste dobili od vlasnika stranice ili putem ove web-stranice nisu nikakvo jamstvo koje ovdje nije izričito navedeno. Razumijete i slažete se da ni u kojem slučaju vlasnik stranice, njegove podružnice i njegovi direktori, službenici, zaposlenici, zastupnici, opunomoćenici ili predstavnici nisu odgovorni za izravnu, neizravnu, posebnu, slučajnu, posljedičnu, kaznenu ili nematerijalnu štetu uključujući, ali ne ograničavajući se na gubitak prava na korištenje, gubitak prihoda, uštede ili dobiti, gubitak podataka, gubitak ugleda, troškove nabave zamjenske usluge te svaku drugu neizravnu, posebnu, slučajnu ili posljedičnu štetu bez obzira na uzrok i bilo koju teoriju odgovornosti, zbog kršenja ugovora, delikta (uključujući nemar i isključivu odgovornost) ili kao posljedice (1) korištenja ili nemogućnosti korištenja web-stranice; (2) troškova nabave zamjenske usluge, proizvoda ili web-stranice; (3) neovlaštenog pristupa ili mijenjanja vaših prijenosa ili podataka (uključujući osobne podatke); (4) izjava ili postupanja treće strane na web-stranici; ili (5) bilo koje druge stvari u vezi s web-stranicom. Ova ograničenja se primjenjuju bez obzira na to je li vlasnik stranice bio obaviješten o mogućnosti pojave takve štete te bez obzira na nemogućnost ispunjenja ključne svrhe bilo kojeg ograničenog pravnog lijeka. Ovo isključenje odgovornosti primjenjuje se u najvećoj mogućoj mjeri koja je dopuštena prema zakonima koji su na snazi. Trgovački znakovi i logotipovi prikazani na ovoj web-stranici vlasništvo su vlasnika stranice, njegovih podružnica ili vlasnika treće strane. Nemate pravo rabiti ni prikazivati trgovačke znakove ili uslužne oznake u vlasništvu vlasnika stranice bez našeg prethodnog pismenog odobrenja. Nemate pravo rabiti ili prikazivati tržišne znakove ili uslužne oznake prikazane na ovoj web-stranici bez odobrenja vlasnika. Uložit ćemo razuman trud da omogućimo dostupnost ove web-stranice, ali imamo pravo s vremena na vrijeme prekinuti, ograničiti, izmijeniti ili ukloniti, privremeno ili trajno, web-stranicu ili neki njezin dio bez prethodne obavijesti. Nismo odgovorni za štetu ili gubitak koji je nastane kao posljedica takvih radnji. Imamo pravo u svako doba prekinuti vaše korištenje ili pristup web-stranici te imamo pravo potpuno ili djelomično izbrisati korisnički sadržaj bez prethodne obavijesti ako za to imamo dobar razlog koji uključuje kršenje ovih uvjeta korištenja i naših smjernica. Nismo odgovorni za štetu ili gubitak koji nastanu kao posljedica prekida korištenja web-stranice u ovakvim slučajevima. U slučaju prekida dužni ste obustaviti korištenje web-stranice i slažete se da odredbe Ugovora vezane za vlasništvo, trgovačke znakove, naknadu štete, odricanje odgovornosti ili jamstva, ograničenje odgovornosti i mjerodavno pravo ostaju na snazi i nakon prekida. Ova web-stranica može sadržavati poveznice na druge web-stranice. Te su poveznice ponuđene samo radi lakšeg pristupa tim drugim stranicama. Prihvaćanje proizvoda, usluga ili podataka trećih strana nije izričito ili neizravno izraženo podacima, materijalom ili sadržajem treće strane koje sadržava, na koje upućuje, koje uključuje i s kojima je povezana ova web-stranica. Sve informacije, podaci, mišljenja, preporuke, proizvodi ili usluge koje pruža treća strana preko poveznica na druge web-stranice ili koji su na drugi način dostupni preko tih web-stranica odgovornost su samo te treće strane, a ne vlasnika stranice. Vaše korištenje web-stranica treće strane predmet je uvjeta korištenja i pravila o privatnosti tih web-stranica. Slažete se da ćete nadoknaditi štetu i osloboditi odgovornosti vlasnika stranice, njegove podružnice, direktore, službenike, zaposlenike, zastupnike i druge predstavnike od svih potraživanja, obveza, prava na odštetu i troškova uključujući, ali ne ograničavajući se na takse i troškove koji proizlaze ili su povezani s: (a) kršenjem uvjeta korištenja; (b) vašim korištenjem ove web-stranice uključujući, ali ne ograničavajući se na prijenos ili postavljanje informacija ili materijala na ovu web-stranicu; i (c) tvrdnjom ili navodom da vaš korisnički sadržaj sadržava povrede intelektualnog vlasništva ili druga vlasnička prava ili prava na privatnost treće strane. Imamo pravo prema vlastitoj procjeni s vremena na vrijeme mijenjati ove uvjete korištenja ažurirajući ih na ovoj web-stranici te određujući datum stupanja na snagu nove verzije uvjeta korištenja. Datum „zadnje izmjeneˮ na vrhu uvjeta korištenja pokazuje kada je bila zadnja izmjena. Ako nastavite s korištenjem web-stranice nakon objave nove verzije uvjeta korištenja, to znači da prihvaćate te izmjene. U skladu s tim, pri svakom posjetu ovoj web-stranici trebali biste provjeriti je li objavljena nova verzija ovog Ugovora. Ako imate bilo kakva pitanja ili nedoumice u vezi s ovim uvjetima korištenja ili u vezi s web-stranicom, možete stupiti s nama u kontakt kao što je prikazano u pravilima o privatnosti ili dijelu „Kontaktirajte s namaˮ na web-stranici. Ako bilo koja odredba iz ovih uvjeta korištenja postane bespravna, ništava, nevaljana ili neprovediva, taj dio će se izdvojiti iz uvjeta korištenja i neće utjecati na valjanost ili provedivost ostalih odredbi. Svi dijelovi će ostati na snazi i nakon prekida prava korištenja ove web-stranice. Podaci o web-stranici namijenjeni su samo za korištenje stanovnicima Republike Hrvatske. Ostale države mogu imati zakone, regulatorne uvjete ili liječničku praksu koji se razlikuju od ovih u Republici Hrvatskoj. Ugovor i rješavanje bilo kakva spora u vezi s ovim Ugovorom, web-stranicom ili stavkama koje kupujete preko ove web-stranice te sve neugovorne obveze koje proizlaze ili su u vezi s uvjetima korištenja, regulirat će se u skladu sa zakonima Republike Hrvatske, bez utjecaja na načela vezana za pravne sukobe. Bilo kakva pravna radnja ili postupak između vlasnika stranice i vas u vezi s ovim Ugovorom vodit će se isključivo ispred nadležnog suda u Republici Hrvatskoj, čiju osobnu i isključivu nadležnost priznajete.