One of the most trustworthy company in the line of customer device support. Our origin was in USA Maryland, like anyother small company for device support. The only thing which led us to the sucess is the believe in the reliability by the customers. Our timeline reflects the silver lining we have provided to our customers and made it a sucess, this is the only reason we have made it this far and came out strong. We are a team of ethical people. We not only fix the issue we make sure that it will never resurface again. We have been providing solutions for all technology related hurdles from past 7years with the 95% sucess rate. Our recoganation is not valued by the digits of sucess but rather the customer satisfaction. We come from family-tree of technical nerds and to find a remedy for a problem we dug till the roots for origin of the cause, ie. why we are not dependent upon any distinct and independent existence or software as our dedicate team believes in concreting things manually as well. Our aim is not to list a directory of customers but to add members to our family of technology, so they will never face same or any problem in the future. It does not matter if you are an individual or a big company associated with us our dedication towards our family is 100%. Our believe is to alter the defination of support and make it lifetime progress of sucess. This believe had led us to connect with our customers and understand their problems.
DISCLAIMER
Tech Knack IT Solutions LLC
Disclaimer of Warranty
We issue no type of warranty whatsoever and do not make any representations or warranties regarding the suitability, availability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any particular or general purpose of the site, or the products, services or tools, herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, usefulness or accuracy of information gathered from or through the site. The site and all content distributed, contained, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied.
Intellectual Property Provisions
All content provided within or via this site is fully protected by various USA and international patent laws, copyright laws, trademark regulations and laws, and various intellectual property laws and international agreements and treaties. No intellectual property of any nature contained within or via this Site may be published, copied, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "mirrored" or "framed". The product names used in this web site are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.
Disclaimer Regarding Functionality
All warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not separately and independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to validate and verify any and all claims presented within this Site Termination of Service.
We fully reserve the right to terminate and conclude any and all service provided to you (either as an individual member/user or as a group) at any time without notice for any reason that we consider fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you unmistakably agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.
You agree that monetary damages may not adequately provide a solution or remedy for us if you violate any of the terms and conditions of this Agreement and you distinctly agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate or abuse any element of this Agreement.
Automatic Usage or Viewing of this Site
You may not use any automated scripts or "robots" to access, manipulate or copy any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses up more than .01% of the software and hardware infrastructure of this Site.
Links to Third Party Sites
We may provide links to third party sites; however, we are not at all responsible for the content of such sites or their privacy policies or terms of uses. Please carefully review the privacy policies and terms of service of all such sites prior to usage. You in every way assume the risk of any usage of such third party sites.
Submissions
All submissions are non-confidential in nature. All submissions (but not personal information) become the property of this Site. "Submissions" may be thought of as "suggestions/ideas" type of email or letters or "letters to the editor" that you might send us. We may publish and/or circulate all submissions in any manner that we deem to be appropriate, including in all forms of publication and media You are exclusively responsible for the content of all submissions, including any violation and defiance of any law(s) contained within such submissions, copyright, fraud, privacy, and other regulations and laws. You fully agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who establishes that your submissions support a legal cause of action. We also reserve the right to publish the contents of emails that you send us, removing personally identifying information prior to publication. Examples would be letters of praise, testimonials, thank you notes and so forth.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any functions, tools or services that this Site provides to you, whether the cause of action be based on breach of contract, tort, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.
Content Issues
We are not responsible and answerable for any content provided to you by our site members. We do not screen or monitor content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of any third party or entity or one or more of our users. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of publicity or privacy, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your loved ones, family members, or computers, to objectionable content and agree to waive any possible or potential liability that we may have regarding content provided to us via members or third parties that violate or abuse any intellectual property rights or any other civil law.
You understand and agree that usage of the Internet means that you are subject and prone to the risk of viewing or receiving offensive or harmful content and files. We do not promise that we will edit and review all content for accuracy, safety, quality, or decency that you encounter via our Site.
Foreign Usage
We evidently make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (U.S.A.).
General Information
This site may contain typographical errors or mistakes, and we entirely disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may modify or revise any portion of this Agreement at any time without notice to you. You must fully read this Agreement each time you visit our site or use any service or tool that we provide to you via this site or elsewhere. Any usage of this site or tools, services or functions that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notice
Notices to you may be issued via electronic mail or by surface mail, at our exclusive selection.
Force Majeure
Neither party shall be liable for any failure or delay in performance due to Force Majeure, which shall mean acts of God, earthquake, changes in law, regulation or government policy, labour disputes, war, fire, flood, insurrection, riots, sabotage, embargo, epidemics, acts or omissions of suppliers or vendors, transportation difficulties, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party hardware or software or inability to obtain supplies, raw materials, or power used in or equipment needed. We are not responsible for server downtime under any circumstances whatsoever.
Intellectual Property Notices
You fully agree that you have been suitably noticed of any trademark, copyright, patent, trade dress, service mark, or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature. All product names, logos, symbols, marks, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
Privacy Policy
This privacy policy explains how Tech Knack collects, uses and discloses personal and other information. Tech Knack receives in connection with the user support services we provide to user (the "Services") in accordance with the Terms of Use ( mentioned in Terms & Condition ). When you submit information through our website, email, chat session, provide it to our technicians or, use the Services, you(the "User") agree to our use of this information consistent with this privacy policy.
1. HOW TECH KNACK COLLECTS INFORMATION
We provide user support services to consumers using web-based tools and software as well as through telephone support of our users. These tools may include software that enables us to remotely access and control a user’s computer with their permission. We require certain information and permissions from you to provide the Services.
Some information we collect may be provided by the user directly such as when requested by a form or on the phone by a technician. Other technical information might be collected or accessed by or diagnostic and related tools as our computers work with yours to provide the Services.
2. TYPES OF INFORMATION TECH KNACK COLLECTS
Information You Provide.
3. PERSONAL INFORMATION
We will ask you when we need information that personally identifies you ("Personal Information") or allows us to contact you. In order to use the Services, the user must first typically register or provide certain identifying information. For online registration, we ask you to provide contact details (such as Your Name, E-mail address, Postal address, Security Question etc.). TECH KNACK uses this information to contact you regarding the product and/or services you have requested. This includes re-registration/renewal notifications, special offers, and surveys on improving our Services.
4. PAYMENT INFORMATION
If you register for the Services, TECH KNACK may collect credit card information, and other payment information. Like many companies, TECH KNACK may use third party payment processing, payment gateways transactions to process and verify credit cards on our behalf. TECH KNACK uses payment information to complete your transactions.
Computer and System Information
5. SUBSCRIBER (USER) COMPUTER INFORMATION
We may also ask information related to your (user) computer to provide the Service. For examples, this information may include:-
(i) Information about the date of purchase of your computer.
(ii) Type of computer.
(iii) Identification number of your computer.
(iv) Make and model of your computer and/or any computer hardware.
(v) Software installed or peripherals attached to it.
(vi) Condition of the computer.
(vii) System and registry data about software installations and hardware configurations, and error tracking files.
(viii) Generally, this information is required to provide personalized technical support to you, and to help us update our support tools and enhance our supported products lists.
6. REMOTE ACCESS
While requesting support you may request for the problem to be resolved by enabling TECH KNACK technicians to have access to and take control of your computer. TECH KNACK uses software tools which enables you to grant control of your computer to TECH KNACK technician remotely over the Internet. This allows the TECH KNACK technician to diagnose or correct problems without ever coming to the location of your computer.
TECH KNACK does not use the Remote Access software to access and control your computer without your consent and we request that you remain present when our technicians are doing so.
TECH KNACK technicians are trained in the use of this software and we take steps to limit access to confidential or sensitive information stored on user computer or network, avoid deliberate destruction of information on user computers or networks, and help avoid system problems. TECH KNACK maintains specific internal policy and technical controls to limit how and whether our remote access tools may be used to assist you.
7. DIAGNOSTIC TOOL
TECH KNACK uses some online diagnostic tools that may collect a wide variety of useful information about the state of a computer system and your applications. This information is communicated to TECH KNACK using security technologies over the Internet. DIAL INFOTECH analyses this information to help diagnose and solve end-user problems. The TECH KNACK diagnostic application is not designed to collect sensitive information including information such websites visited, e-mail messages, e-mail addresses sent to, passwords, profiles, etc. Use of the Remote Access and Diagnostic applications may be subject to the terms and conditions of the respective software license agreements.
8. REMOTE SESSION RECORDS
TECH KNACK reserves the right to monitor and record on-line and off-line sessions between users and TECH KNACK technicians for quality control and service-related purposes. Some uses of this type of information include improving the Service, building a support knowledge base and conducting internal market research. We do not correlate session record data used for these purposes with personal information.
9. COOKIES
We may use cookies and similar technologies to provide you with more personal service on our website and as you interact with DIAL INFOTECH. Cookies are small pieces of information stored by your browser on your computer's hard drive or on your device. Cookies help us keep track of the preferences you specify. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that if you prefer not to store the information for future use. Each browser is different, so please check the help menu of your browser.
10. LOG FILES
We use IP addresses to analyze trends, administer the website, track user movement, and gather broad geographical information for aggregate use.
11. SUPPLEMENTATION OF INFORMATION
In order to protect TECH KNACK from fraud and otherwise ensure the integrity of our services and manage risk we may supplement personal information we collect with information we may get from others. For example, in connection with determining creditworthiness, we may use your name and other related information to request a credit report as permitted by law.
12. SHARING AND INFORMATION DISCLOSURE
We may share aggregated and de-identified information with our partners. This sharing is usually not linked to any personal information that can identify any individual person, unless specifically required to allow use of specific widgets within the Services. We may also share, disclose, or transfer your personal information as follows When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other Tech Knack services (‘Bundle Discount’). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs:
(1) the Term Plan expires;
(2) you drop one of the Tech Knack services you were required to purchase to receive the special rate as notified to Dial Infotech; or
(3) You terminate the agreement/ Plan before the expiry of the relevant term.
(i) To TECH KNACK affiliates and subsidiaries to support business operations and sales, marketing, and customer support processes.
(ii) To third party service providers and suppliers acting on our behalf to provide products or services to you.
(iii) To other third parties for purposes you have allowed.
Additionally, we may also disclose your personal information as we determine reasonably necessary to (a) comply with applicable law, regulations, legal processes, or enforceable governmental requests, (b) respond as necessary to actual or potential lawsuits, or (c) protect the rights and property of TECH KNACK or others.
We reserve the right to retain, use, and disclose aggregate or anonymous information developed from personal information at any time. If we merge with, or are acquired by another company, or sell all or substantially all of our relevant assets, or file for bankruptcy, we may disclose and transfer personal information with the company or asset. We will seek appropriate protection for personal information disclosed or transferred in such transactions consistent with applicable law.
13. INTERNATIONAL USERS
Because TECH KNACK operates globally, we make information we gather available to our worldwide business units. If you are in the European Economic Area, please note that the personal information you provide will be transferred outside the European Economic Area for use by TECH KNACK and its affiliates and subsidiaries for any of the purposes described in this privacy policy. By using the TECH KNACK website, using the Services, or otherwise providing us with your personal information, you consent to the transfer and processing of your personal information.
14. SECURITY
We use a variety of security technologies, as well as administrative, managerial, and physical safeguards, to help protect personal information and other data we receive from unauthorized access, use, or disclosure. No data transmissions, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot fully eliminate all security risks associated with personal information and technical mistakes are possible. Therefore, we do not ensure or warrant the security of any data or information you transmit to us and you do so at your own risk.
15. SURVEYS
From time-to-time we may request information from users via surveys. Participation in these surveys is completely voluntary and users have a choice whether or not to participate. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of Services.
16. CONTESTS
TECH KNACK may offer contests, sweepstakes or other promotions. These promotions will be governed by applicable rules. Personal information collected through such promotions will be used as described at the time of collection.
17. CHILDREN
Our Services are not intended for use by anyone under the age of 13. Consistent with the Children's Online Privacy Protection Act, we do not collect or maintain information at our website from or sell products to those we actually know are under the age of 13.
18. CORRECTION/UPDATING PERSONAL INFORMATION
If user's personal information change (such as zip code), or if a user no longer desire to use the Service. User may correct, update or remove user personal information provided to us through our website.
19. NOTIFICATION OF CHANGES
We reserve the right to change our privacy policy. Please check our website periodically for changes so that you are aware of our latest privacy practices. For changes that are materially less restrictive or protective of your personal information than the privacy policy in place at the time of collection, we will notify before implementing any such change.
20. QUESTIONS
We reserve the right to change our privacy policy. Please check our website periodically for changes so that you are aware of our latest privacy practices. For changes that are materially less restrictive or protective of your personal information than the privacy policy in place at the time of collection, we will notify before implementing any such change.
Refund & Cancellation Policy
Please read our refund and cancellation policy for your product /Service Carefully.
Hardware Return Policy
Any purchase made at the Tech Knack store must be returned in same condition with the original packaging, including manuals, parts and your receipt or packing slip and within 14 days of purchase date.
Software
Unopened software boxes that we currently sell may be returned for a full refund within 30 days of purchase. Opened software is eligible only for the replacement of the same version of the software. Downloaded software are not refundable. A onetime support would be provided by phone for downloading the software.
Support and Services
For subscription based plans, a full refund will be issued if Tech Knack’s engineer has not been able to resolve even a single issue for you within the first 15 days of the subscription. If there are one or more resolved issues, the fee for the Subscription Service will not be refundable. Nonetheless this Tech Knack may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fee after deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met:
You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active.
The issue is out of scope for the particular plan.
7 days have not passed after the issue was last worked upon by an Tech Knack’s technician.
Subscription Based Plans or Subscription(s) are tenured Subscription plans offered by Tech Knack that are active for a specified period and will not include any incident based plans such as Per Incident Plan. For any addition queries please submit your queries, we should take no longer than 48 business hours to respond to your queries.
ISSUANCE OF BAD CHECK
A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.This section does not prevent the prosecution from establishing the required knowledge by direct evidence; however, for purposes of this section, the issuer's knowledge of insufficient funds is presumed (except in the case of a post-dated check or order) if he had no account with the bank or other drawee at the time he issued the check or order or Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within 30 days after issue and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. Notice for purposes of Subsection may be actual notice or notice in writing that is sent by registered or certified mail with return receipt requested, by telegram with report of delivery requested, or by first class mail if the letter was returned unopened with markings indicating that the address is incorrect and that there is no current forwarding order is addressed to the issuer at his address shown on the check or order the records of the bank or other drawee or the records of the person to whom the check or order has been issued or passed and Contains the following statement: 'This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.' If notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent. A person charged with an offense under this section may make restitution for the bad checks. Restitution shall be made through the prosecutor's office if collection and processing were initiated through that office. In other cases restitution may, with the approval of the court in which the offense is filed, be made through the court. Except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor.
TERMS AND CONDITIONS
THESE TERMS OF USE ('TERMS AND CONDITIONS') STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF TECH KNACK’S WEBSITE AND TECH KNACK’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH TECH KNACK. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SUPPOR PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF TECH KNACK SERVICE.
1. AGREEMENT
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND TECH KNACK (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by TECH KNACK in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the TECH KNACK Portal (defined below), or obtain Services (defined below).
2. DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
3. CONTENT
Software, Materials, Services and other related information are collectively referred to as “Content.”
4. "YOU"
You means you individually, any person, including any employer that you are acting on behalf of.
5. TECH KNACK
TECH KNACK Certified Technician means technicians and specialists certified by TECH KNACK to perform the Services under this Agreement.
6. "PLANS"
Plans or Subscription/(s) are tenured Subscription plans offered by TECH KNACK that are active for a specified period and will include any incident based plans such as Per Incident Plan.
7. “SERVICES” AND “TECH KNACK PORTAL”
All references to “Services” refer to any TECH KNACK service delivered through TECH KNACK Private Limited, under the plan that you enter into with TECH KNACK through use of the TECH KNACK Website located at www.dialinfotech.com (the “TECH KNACK Portal”) or by calling the TECH KNACK phone number mentioned on the TECH KNACK Website. These Terms of Use govern all plans available through the TECH KNACK Website, and any use of the TECH KNACK Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services (“Plan Order”).
8. "MATERIALS"
Materials means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the TECH KNACK Portal are the proprietary and copyrighted work of TECH KNACK and/or its suppliers. The definition of Materials does not include the design or layout of the dialinfotech.com web site or any other TECH KNACK owned, operated, licensed or controlled website.
9. "SOFTWARE"
Software means a computer program of any kind, whether owned by TECH KNACK or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both TECH KNACK Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (License Terms).
10. SUBMISSION OF PLAN ORDERS;
You may order Services by submitting Plan Orders through the TECH KNACK Portal or by calling TECH KNACK. Once TECH KNACK accepts the Plan Order submitted by you, then you will receive an email from TECH KNACK at the email address that you provide or have provided to TECH KNACK as part of the Registration Process for the Services. TECH KNACK is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by TECH KNACK of a Plan Order, you will have a Plan.
11. UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each Plan, TECH KNACK will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, TECH KNACK will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Plans are subject to TECH KNACK’s limited warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 800-615-9084. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
12. PAYMENT
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by TECH KNACK on behalf of TECH KNACK Private Limited. TECH KNACK has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made.
You understand that certain Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, all payments fees shall be made in advance apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) can be refunded as per the provisions of Refund specified herein. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other TECH KNACK services (‘Bundle Discount’). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the TECH KNACK services you were required to purchase to receive the special rate as notified to TECH KNACK; or (3) You terminate the agreement/ Plan before the expiry of the relevant term.
13. CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize TECH KNACK to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize TECH KNACK and/or any other company who bills products or services, or acts as billing agent for TECH KNACK to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide TECH KNACK with updated credit card information upon TECH KNACK’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TECH KNACK nor any TECH KNACK affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at TECH KNACK’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $25.00.
14. RENEWAL POLICY
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You (‘Auto Renewal’). However, a Plan and/or an antivirus or/a warranty purchased from TECH KNACK shall be automatically renewed (in accordance with the terms of the Plan) only after we send you an email 30 days before the expiry of your subscription term notifying you about the automatic renewal of your Plan with an option of opting out from the automatic renewal and only if you do not opt out, Your credit card, which was used in paying for the original Plan or any other purchase from us will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with TECH KNACK. If you would like to opt out of the Auto Renewal, please call us at 1-800-766-1753 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at info@techknacks.com .
15. REFUND POLICY
For plans, a full refund will be issued if TECH KNACK has not been able to resolve even a single issue for you within the first 30 days of the subscription. If there are one or more issues resolved within first 30 days, the fees for the Subscription Service will not be refundable. However, after 30 days of purchase of Plan, no refund shall be made by TECH KNACK.
Notwithstanding this TECH KNACK may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. Refund amount shall be directly credited to the credit card, the details of which are registered with TECH KNACK. On the specific request of the subscriber TECH KNACK may process the refund in some other account subject to submission of such documents/information as may be asked by TECH KNACK for the said purpose. For incident based plans, you will be eligible for refund when any of the following criterions are met:-
1. You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active.
2. The issue is out of scope for the particular plan.
3. 15 days have not passed after the issue was last worked upon by an TECH KNACK technician.
16. PRIVACY POLICY
The TECH KNACK Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference (http://dialinfotech.com/privacypolicy.htm). If you have not yet reviewed the TECH KNACK Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to TECH KNACK over the telephone, electronically or otherwise, is not confidential or proprietary to you.
17. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Plan.
18. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TECH KNACK Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any TECH KNACK server, or the network(s) connected to any TECH KNACK server, or interfere with any other party’s use and enjoyment of any of the TECH KNACK Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any TECH KNACK Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any TECH KNACK server or to any of the TECH KNACK Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any TECH KNACK Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
19. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though TECH KNACK has no limits on the amount of online support requests a Plan user may make during the subscription period, however, each Subscriber’s use of the support services for the Plans are subject to TECH KNACK’s ‘fair use’policy. Under this policy, if at any time, in TECH KNACK’s sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then TECH KNACK reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, TECH KNACK reserves the right to suspend or terminate any Subscription Services of any Subscriber that TECH KNACK, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to TECH KNACK; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
20. COMMUNICATIONS SERVICES
TECH KNACK may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with TECH KNACK’s employees and others as appropriate to your Service under a Plan Order (each ‘Communication Service(s)’). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
21. USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:-
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights there to or have received all necessary consent to do the same.
5. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
8. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
9. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
10. Restrict or inhibit any other user from using and enjoying the Communication Services.
11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
12. Harvest or otherwise collect information about others, including e-mail addresses.
13. Violate any applicable laws or regulations.
14. Create a false identity for the purpose of misleading TECH KNACK or others.
15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
TECH KNACK has no obligation to monitor the Communication Services. However, TECH KNACK reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TECH KNACK reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
TECH KNACK reserves the right at all times to disclose any information as TECH KNACK deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TECH KNACK’ s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
22. LINKING
You may not create hyperlinks to any portion of the TECH KNACK Portal, nor any Materials or Software posted therein.
23. INDEMNITY
You agree to indemnify, defend, and hold TECH KNACK, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of TECH KNACK or any other third party. You will cooperate as fully as reasonably required in TECH KNACK’s defense of any claim. TECH KNACK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TECH KNACK. You agree immediately to notify TECH KNACK of any unauthorized use of your account or any other breach of security known to you.
24. GUESTS; LIMITED LICENSE TO USE OF TECH KNACK PORTAL
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the TECH KNACK Portal by current TECH KNACK customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.
As a Guest you may use the TECH KNACK Portal and Materials specifically designated as available to guests on the TECH KNACK Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by TECH KNACK, (b) registering with TECH KNACK and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
25. LIMITED LICENSES TO USE THE TECH KNACK PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the TECH KNACK Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
26. GENERAL LICENSE RESTRICTIONS
Any other use of the TECH KNACK Portal, Services, Materials or Software, other than as explicitly permitted by TECH KNACK is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to TECH KNACK and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
27. CHARGE DESCRIPTION
Please note that the charge on your credit card will appear on your credit card statement as any one of the following – “EON SOFTWARE”.
28. USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:-
1. Cooperate with the TECH KNACK Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
2. The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
3. You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
4. The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with TECH KNACK support personnel.
5. Software/Data Backup: You understand and agree that TECH KNACK shall under no circumstance be responsible for any lost or corrupted software or data. TECH KNACK strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
6. Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify TECH KNACK immediately of any unauthorized use of your account or any other breach of security. TECH KNACK will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TECH KNACK or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
29. AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of TECH KNACK’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in TECH KNACK’s ability to schedule a support session. You hereby release TECH KNACK from any and all liability, and agree that TECH KNACK shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. TECH KNACK or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
30. EXCLUSIONS FROM ‘SERVICES’ Services shall not include the following:-
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in your Plan Order;
3. problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Plan;
5. Problems that may and do result from:
6. External causes such as accident, abuse, misuse, or problems with electrical power;
7. Usage that is not in accordance with product instructions provided by manufacture;
8. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
9. Problems caused by using accessories, parts, or components not compatible with the product.
10. Non Compliance with the TECH KNACK technician instructions for resolving the query.
31. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE TECH KNACK PORTAL, OR THROUGH A SERVICE
For your convenience, TECH KNACK may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any TECH KNACK Web site may be copied or retransmitted unless expressly permitted by TECH KNACK.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
32. END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by TECH KNACK or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Plan and for no other purpose.
The Software may be accompanied by a EULA from TECH KNACK or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
33. EULA FOR TECH KNACK SOFTWARE
With regard to any Software made available to you by TECH KNACK through the TECH KNACK Portal for which your acceptance of a separate license agreement is not required (‘TECH KNACK Software’), you are hereby granted a revocable, non-exclusive, non-transferable license by TECH KNACK to use the TECH KNACK Software (and any corrections, updates and upgrades). In accordance with and as required under the Plan you shall not make any copies of the TECH KNACK Software. You agree that the TECH KNACK Software is the confidential and proprietary information of TECH KNACK or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the TECH KNACK Software, or otherwise reduce the TECH KNACK Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the TECH KNACK 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 TECH KNACK Software. You acknowledge that this license is not a sale of intellectual property and that TECH KNACK 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 TECH KNACK Software and related documentation, as well as any corrections, updates and upgrades. The TECH KNACK Software may be used only in the country of residence at the time of acceptance of these terms for use of the TECH KNACK Software. Export of the TECH KNACK Software is strictly prohibited.
34. THIRD PARTY PRODUCTS
As part of the Services, TECH KNACK may suggest that you acquire, install and use certain third party software or services (“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 TECH KNACK assists you in the acquisition, installation, and/or use of Third Party Software. TECH KNACK has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the TECH KNACK Software shall remain in full force and effect unless and until terminated by TECH KNACK, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Plan for any reason, you must cease all use of the Plan and the TECH KNACK Software and immediately delete the TECH KNACK Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
35. THIRD PARTY AGREEMENTS
As part of the Services, TECH KNACK may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that TECH KNACK may elect to make available from time to time. Violation of such third party provider’s terms of service may, in TECH KNACK’s sole discretion, result in the termination of your customer account and use of service.
36. LIMITED SERVICE WARRANTY
TECH KNACK DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW TECH KNACK TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE TECH KNACK PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT TECH KNACK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TECH KNACK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TECH KNACK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL TECH KNACK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
37. LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall TECH KNACK be liable to you in excess of the amounts actually paid by you to TECH KNACK under the Plan Order that is the subject of the dispute.
38. LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
39. TERM AND TERMINATION
TECH KNACK at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of TECH KNACK: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, TECH KNACK’s network, or the use and enjoyment of TECH KNACK’s other users; (c) TECH KNACK receives an order from a court to terminate the Service you are availing ; (d) if TECH KNACK for any reason ceases to offer the Service; (e) if you are no longer a TECH KNACK customer, or (f) TECH KNACK determines that you are abusing the Service. TECH KNACK, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
40. SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. TECH KNACK’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
41. NO OFFER
The TECH KNACK Portal is available internationally and may contain references to TECH KNACK products, services, and programs that are not available in a viewer’s country. These references do not imply that TECH KNACK intends to make such products, services, or programs available in such country.
42. MODIFICATION
TECH KNACK reserves the right to amend the Terms and Condition, and the TECH KNACK Portal at any time by (a) posting a revised version of the Terms and Conditions on the TECH KNACK Portal (http://www.dialinfotech.com/terms.htm), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to TECH KNACK in connection with registration. You are responsible for regularly reviewing the TECH KNACK website to be notified of any amendments to the Terms and Conditions.
43. ARBITRATION AND CLASS ACTION WAIVER
Notwithstanding anything to the contrary in no event shall TECH KNACK be liable to you in excess of the amounts actually paid by you to TECH KNACK under the Plan Order that is the subject of the dispute.
Arbitration
Any claim, dispute, or controversy (‘Claim’) arising out of or relating to this Agreement or the relationships among the parties here to shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (‘AAA’), under the AAA Consumer Rules in effect at the time the Claim is filed (‘AAA Rules’). The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. The arbitration proceedings shall be held in Chicagi, Illinois, U.S.A. and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement. Â No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Class Action Waiver
The Parties hereby expressly agreed that any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (‘Class Action’). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE STATE OF ILLINOIS SHALL GOVERN THIS AGREEMENT. Before you take a dispute to arbitration or to small claims court, you must first contact us by writing us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (‘Demand’) and give us an opportunity to resolve the dispute. Similarly, before TECH KNACK takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and TECH KNACK do not reach an agreement to resolve the claim within 60 days from the date you or TECH KNACK is notified by the other of a dispute, you or TECH KNACK may commence an arbitration proceeding. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. By notifying TECH KNACK within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations. The amount of any settlement offer made by TECH KNACK shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. After TECH KNACK receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000. If, after finding in your favor in any respect on the merits of your Claim, the arbitrator issues you an award that is greater than the value of TECH KNACK’s last written settlement offer made before an arbitrator was selected, then TECH KNACK will pay you the amount of the award or $10,000 (the alternative payment), whichever is greater. If TECH KNACK prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then TECH KNACK may seek to recover the AAA’s fees and expenses of the arbitrator from you. If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to customerservice@techknacks.com.
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