These Terms of Service (including all exhibits hereof and all other documents included herewith or referenced herein) represent and constitute the entire agreement (this ‘Agreement’) by and between Computer Support Group, LLC (‘Computer Support Group, LLC’) and each business creating an account with Computer Support Group, LLC (‘Client’) concerning Client’s use of the web design and hosting services offered by Computer Support Group, LLC via the www.computersupportg.com website (the ‘Computer Support Group, LLC Website’). Computer Support Group, LLC and Client may be referred to hereinafter collectively as the ‘Parties’ and individually as a ‘Party.’ For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties expressly agree as follows:
CERTAIN DEFINITIONS.
1.1 ‘Client-Furnished Material’ means, collectively: (i) the domain name for the Client Website (as defined below); (ii) any names, passwords and other account access information for any of the Social Media Sites (as defined below) and Location-Based Sites (as defined below) created by or for Client; (iii) all information, data, content and material furnished by Client for storage, use, reproduction, posting, display, exhibition, transmission, publication and/or distribution (as the case may be) whether on or via the Client Properties (as defined below), the Computer Support Group, LLC Systems (as defined below), or otherwise, including, without limitation, names, marks, logos, designs, slogans, text, writings, publications, artwork, graphics, images, photos, animations, videos, audios, links, software and social media plug-ins; and (iv) all hardware, software and other goods and services procured and maintained by Client pursuant to Section 2.12 of this Agreement.
1.2 ‘Client Properties’ shall mean, collectively, the Client Website, the Social Media Sites and Location-Based Sites (as applicable).
1.3 ‘Client Website’ means the consumer-facing website of Client as designed (whether by Client using the Computer Support Group, LLC design tools or otherwise), constructed and hosted by Computer Support Group, LLC pursuant to this Agreement.
1.4 ‘Effective Date’ means the date on which Client creates an account with Computer Support Group, LLC.
1.5 ‘Excused Outage’ means any outage, unavailability, interruption, delay or degradation of the Services or the Client Website resulting from or caused by any of the following: (i) scheduled downtime, maintenance or repair; (ii) any act or omission by Client or anyone acting under its authority or on its behalf; (iii) any Client-Furnished Material; (iv) any User-Generated Material (as defined below); or (v) Force Majeure (as defined below).
1.6 ‘Force Majeure’ means a cause or event that is beyond the reasonable control of Computer Support Group, LLC and could not reasonably have been foreseen or avoided, including, without limitation, third-party network or system outage, hacking, virus attack or other form of sabotage, Acts of God, acts of government, strikes, lockouts, riots, insurrection, civil commotion, war and terrorist attacks.
1.7 ‘Go-Live Date’ means the date on which the Client Website is first available to the public.
1.8 ‘IP’ means any and all forms of intellectual property, including, without limitation, patent, trade secret, copyright and trademark.
1.9 ‘Location-Based Sites’ means the local business listing for Client on certain leading location-based websites selected by Computer Support Group, LLC in its sole discretion. The Location-Based Sites may (but are not required to) include Google, Bing, Yahoo, MapQuest and Yelp.
1.10 ‘Services’ is as defined in Section 2.1 of this Agreement.
1.11 ‘Service Fee’ is as defined in Section 3.1 of this Agreement.
1.12 ‘Social Media Sites’ means certain social media sites selected by Computer Support Group, LLC in its sole discretion. The Social Media Sites may (but are not required to) include Facebook, Twitter and YouTube.
1.13 ‘Term’ is as defined in Section 4.1 of this Agreement.
1.14 ‘Computer Support Group, LLC-Furnished Material’ means, collectively: (i) the Computer Support Group, LLC Website and all contents, materials, elements, features and functionalities thereof, but excluding Client-Furnished Material contained therein; (ii) all Computer Support Group, LLC names, marks, logos, designs and brand images; (iii) all links and advertisements provided by Computer Support Group, LLC; (iv) all Computer Support Group, LLC Systems (as defined below) and all hardware, software, tools, technologies, processes, methods, techniques and know-how provided by Computer Support Group, LLC (whether for use by Computer Support Group, LLC or Client or otherwise) in the rendering of the Services; and (v) all results, work products and deliverables of the Services (including, without limitation, all Client Properties source code, object code, HTML files, Java files, data files, scripts, programs, templates, user interface designs, themes, page layouts and look and feel, and documentation created by Computer Support Group, LLC), but excluding Client-Furnished Material contained therein.
1.15 ‘Computer Support Group, LLC Systems’ means all computer servers, networks and systems owned, controlled or operated by Computer Support Group, LLC and/or its corporate affiliates in connection with the rendering of the Services, including, without limitation, those associated with the Computer Support Group, LLC Website.
1.16 ‘User’ means any individual who visits or uses the Client Website but excludes each of the Parties and anyone who uses the Client Website on behalf of a Party.
1.17 ‘User-Generated Material’ means any content or material uploaded, posted, submitted or transmitted by a User on or via the Client Website.
SERVICES.
2.1 Services. Subject to the terms and conditions of this Agreement, Computer Support Group, LLC may provide the following services to Client: (i) providing tools for Client to design and construct a Client Website for distribution to desktop and mobile devices; (ii) hosting the Client Website during the Term; (iii) updating and suggesting content and design changes to enhance the Client Website’s ranking in search engines; (iv) setting up listings for Clients on certain Location-Based Sites; (v) setting up and administering accounts for Client on certain Social Media Sites; and (vi) any other service offered by Computer Support Group, LLC for which the Client is paying a fee (collectively the ‘Services’). Computer Support Group, LLC will provide the applicable Services to Client based upon the package selected by Client at registration. In addition, Computer Support Group, LLC reserves the right to add, modify or discontinue Services from time-to-time in its sole discretion; provided, however, that Computer Support Group, LLC shall provide Client thirty (30) days prior written notice in the event Computer Support Group, LLC discontinues any Service. Computer Support Group, LLC agrees to use commercially reasonable efforts to ensure that during the Term, the Client Website will be operational and accessible to Users on a 24/7 basis, except during any Excused Outage.
2.2 Subcontractors. Client acknowledges and agrees that Computer Support Group, LLC may, in its sole discretion, use one or more third-party contractors (each, a ‘Subcontractor’) to provide some portions of the Services and/or other services related to the operations of the Computer Support Group, LLC Website and/or the Client Properties, which may include, without limitation, data processing and storage, data security, technical support, purchase and payment processing, order fulfillment, and other e-commerce related functions.
2.3 Reservation of Right. Notwithstanding anything herein to the contrary, Client acknowledges and agrees that Computer Support Group, LLC shall have the absolute right, at any time and with or without notice to Client, to (i) suspend, disable, block, restrict or limit access to the Client Website or any portion thereof and/or (ii) take down and remove any content or material (including, without limitation, any Client-Furnished Material, any User-Generated Material, or any Computer Support Group, LLC-Furnished Material) from the Client Website, if doing so, in Computer Support Group, LLC’s sole judgment, is necessary or advisable in order to comply with any applicable law or regulation or to protect Computer Support Group, LLC or its corporate affiliates from actual or potential claims or liabilities, or for any content or material which Computer Support Group, LLC determines is offensive (including any pornographic images, any foul language, disparaging remarks, references to illegal substances, derogatory remarks regarding the religion, sexuality, politics, appearances or other characteristics or beliefs of any other person or entity, etc.), or infringes, misappropriates or violates any IP or other right of any person or entity.
2.4 Computer Support Group, LLC-Furnished Material. Subject to the terms and conditions of this Agreement, Computer Support Group, LLC hereby grants to Client a non-exclusive, non-transferable, non-sublicensable, limited right and license to use Computer Support Group, LLC-Furnished Material solely for the purposes of receiving the Services from Computer Support Group, LLC and operating the Client Properties during the Term.
2.5 Client-Furnished Material. Subject to the terms and conditions of this Agreement, Client hereby grants to Computer Support Group, LLC a non-exclusive, non-transferable, non-sublicensable (except to a Subcontractor), limited right and license to use, reproduce, post, display, exhibit, transmit, publish and/or distribute (as the case may be) Client-Furnished Material solely for the purposes of providing the Services to Client during the Term in connection with the Client Properties. Client represents and warrants that: (i) it has the right to furnish and authorize use of Client-Furnished Material by Computer Support Group, LLC in accordance with this Agreement; and (ii) no Client-Furnished Material will infringe upon or violate any right of any third party.
2.6 Domain Names. Client may select the domain name for the Client Website, which Computer Support Group, LLC shall register (if available) in Client’s name and maintain and manage for Client during the Term. To the extent Client has already registered the Client Website domain name, Client shall, promptly after the Effective Date, give Computer Support Group, LLC full access to the domain name account and authorize Computer Support Group, LLC to maintain and manage the account during the Term. Upon the expiration or termination of this Agreement, Computer Support Group, LLC shall turn over the control of the Client Website domain name to Client.
2.7 Legal Notices. Client agrees to adopt and adhere to (i) the Client Website Standard Terms of Use substantially in the form set forth in Exhibit A and (ii) the Client Website Standard Privacy Policy substantially in the form set forth in Exhibit B. Client shall not alter or modify the Client Website Standard Terms of Use or the Client Website Standard Privacy Policy without the express prior written consent of Computer Support Group, LLC.
2.8 User Personal Information. To the extent Users can register, open an account, make a purchase, or otherwise disclose their personal information (i.e. information that is personally identifiable of a User, which may include name, email address, phone number, mailing address, date/year of birth, and credit card or other payment account information) (collectively ‘User Personal Information’) on the Client Website, the Parties acknowledge and agree that all User Personal Information collected on or from the Client Website shall be owned jointly by the Parties and may be used by each Computer Support Group, LLC and Client in accordance with the Client Website Standard Privacy Policy. Client acknowledges and agrees that: (i) it shall assume full responsibility for the safeguarding of the security of all User Personal Information in its possession or control; and (ii) it shall comply with the Client Website Standard Privacy Policy and all applicable laws and regulations pertaining to the privacy or security of User Personal Information, and shall cause all those acting under its authority or on its behalf to do the same.
2.9 User Aggregate Data. Client acknowledges and agrees that Computer Support Group, LLC may (whether directly or through one or more Subcontractors) collect and derive aggregate data (i.e., information that does not identify any User individually, such as site traffic data and anonymous demographic information about Users) from the Client Properties, and that all such aggregate data shall become the property of Computer Support Group, LLC and may be freely used by Computer Support Group, LLC and its corporate affiliates for any and all lawful purposes.
2.10 Restrictions on Use. Client (including all those acting under its authority or on its behalf) may not use the Services or the Client Properties or any Computer Support Group, LLC-Furnished Material, other than for Client’s own legitimate and lawful business purposes and in a manner that complies with this Agreement and all applicable laws and regulations. Without limiting the generality of the foregoing, Client (including all those acting under its authority or on its behalf) shall not:
(i) use any of the Services or the Client Properties or any Computer Support Group, LLC-Furnished Material to engage in fraudulent, deceptive or misleading activities or practices;
(ii) use any of the Services or the Client Properties or any Computer Support Group, LLC-Furnished Material to engage in infringement, misappropriation or violation of any IP or other rights of any person or entity;
(iii) use any of the Services or the Client Properties or any Computer Support Group, LLC-Furnished Material to engage in spam or transmission or distribution of unsolicited commercial messages in violation of applicable laws or regulations;
(iv) use or handle any User Personal Information in violation of the published Privacy Policy for the Client Website or any applicable law or regulation pertaining to the privacy or security of User Personal Information;
(v) use any of the Services or the Client Properties or any Computer Support Group, LLC-Furnished Material to offer or promote illegal, unlawful, violent, harassing, discriminatory, derogatory, defamatory, libelous, pornographic, obscene, sexual, vulgar, or otherwise objectionable or offensive content or activities;
(vi) use any of the Services or the Client Properties or any Computer Support Group, LLC-Furnished Material in violation of U.S. export control laws or regulations;
(vii) copy, reproduce, distribute, sell or resell, or prepare derivative works from, any of the Services or the Client Properties or any Computer Support Group, LLC-Furnished Material;
(viii) reverse-engineer, decompile or disassemble the Client Properties or any Computer Support Group, LLC-Furnished Material;
(ix) alter, modify, remove, deface or otherwise tamper with any Computer Support Group, LLC legal notices that appear on or within the Client Properties or any Computer Support Group, LLC-Furnished Material; or
(x) solicit, induce, cause or authorize others to do any of the above.
Client acknowledges and agrees that, in the event of any breach or violation of this Section 2.10 by Client or anyone acting under its authority or on its behalf, Computer Support Group, LLC shall be entitled to immediately terminate this Agreement pursuant to Section 4.3(i) of this Agreement.
2.11 Monitoring. Client acknowledges and agrees that Computer Support Group, LLC shall have the right to electronically and remotely monitor Client’s use of the Services, the Client Properties and Computer Support Group, LLC-Furnished Material to verify Client’s compliance with the terms of this Agreement.
2.12 Hardware, etc. Client shall be solely responsible for procuring and maintaining (including, without limitation, the right to use), at its own expense, all hardware, software, Internet access, network connections, and other goods and services required for Client to access and use the Services and the Client Properties.
2.13 Passwords. Client shall safeguard all usernames, passwords and other account access information for any Client Property (collectively ‘Passwords’). Client shall be fully responsible for all activities that occur under its Passwords and shall promptly notify Computer Support Group, LLC of any unauthorized use of its Passwords of which it becomes aware.
2.14 Advertising. Client acknowledges and agrees that during the Term: (i) the Client Website shall prominently display the phrase ‘Powered by Computer Support Group, LLC’ and/or such other expression(s) determined by Computer Support Group, LLC that identify the Client Website as designed and hosted by Computer Support Group, LLC; and (ii) Computer Support Group, LLC shall have the right to place and display Computer Support Group, LLC-branded links and advertisements (e.g. banner and button ads) on the Client Website.
2.15 Ownership. As between the Parties: (i) all Computer Support Group, LLC-Furnished Material and all IP rights associated therewith shall remain the sole property of Computer Support Group, LLC and all use thereof by Client shall inure to the sole benefit of Computer Support Group, LLC; and (ii) all Client-Furnished Material and all IP rights associated therewith shall remain the sole property of Client and all uses thereof by Computer Support Group, LLC shall inure to the sole benefit of Client.
2.16 Client Information. By submitting Client information (including, without limitation, Client’s name, address, email, telephone and other contact information, billing and payment information, Passwords and other Client-related information as provided by Client (collectively ‘Client Account Information’) to Computer Support Group, LLC, Client expressly represents and warrants that all Client information submitted is Client’s own information and is truthful, current and accurate, and Client further expressly acknowledges and agrees as follows:
(i) Computer Support Group, LLC may collect, store, retain, and use Client Account Information for all purposes related to Computer Support Group, LLC’s performance and enforcement of this Agreement, as well as to comply with applicable laws and regulations. Client billing and payment information (e.g. credit card information) will only be used for payment processing and collection purposes related to Client’s account with Computer Support Group, LLC and will not be used or stored for any other purposes (except as expressly otherwise stated).
(ii) Computer Support Group, LLC and its corporate affiliates may also use Client Account Information (except for Client billing and payment information) to offer, market and advertise to Client other products and services of Computer Support Group, LLC and/or its corporate affiliates; provided that Client may opt out of receiving marketing communications from Computer Support Group, LLC and its corporate affiliates by changing the Client account preferences or by contacting Computer Support Group, LLC at info@computersupportg.com or by calling the toll-free number (704) 765-1821. It is expressly understood and agreed that such opt-out by Client will not affect Computer Support Group, LLC’s notices and other communications to Client regarding the Client account, the Client Website, or any matter related to the Services or this Agreement.
(iii) Computer Support Group, LLC does not knowingly share Client Account Information with any non-affiliated third party for such third party’s direct marketing use unless Client elects to opt in (whether on the Computer Support Group, LLC Website or otherwise) to receiving marketing communications directly from such third party.
(iv) Computer Support Group, LLC may disclose Client Account Information (including Client billing and payment information, if applicable) to Subcontractors who need to access such information to perform services for Computer Support Group, LLC, the Computer Support Group, LLC Website and/or the Client Properties; it being understood that Computer Support Group, LLC will require its Subcontractors to limit their use of Client Account Information solely to the purposes for which the information was disclosed by Computer Support Group, LLC, and to maintain the confidentiality, security and integrity of the information and not make any further disclosure to others.
(v) Computer Support Group, LLC may disclose Client Account Information (including Client billing and payment information, if applicable) to others if doing so is required by law or, in Computer Support Group, LLC’s good faith belief, is reasonably necessary to: (1) comply with legal process (including a court order or subpoena); (2) cooperate with law enforcement; (3) enforce this Agreement or the Legal Notices for the Client Properties; (4) respond to an emergency; or (5) protect the rights, property or safety of Computer Support Group, LLC, Users, and/or the public.
(vi) If Computer Support Group, LLC is sold or transferred to, merged with, or acquired by a third party, Client Account Information may be transferred to such third party as part of the transaction, in which event the privacy policy of such third party may govern further use and disclosure of Client Account Information.
(vii) When Client uses the Computer Support Group, LLC Website, the site servers automatically generate log files that may contain data linked to Client, such as IP addresses, ISP domain names, browser types, operating systems, referring/exit pages, date/time stamps, clickstream data, etc. Also, to the extent Client has enabled ‘cookies’ in its browser, Computer Support Group, LLC may use ‘cookies’ to collect session information about Client’s visits and activities on the Computer Support Group, LLC Website. Computer Support Group, LLC collects and uses log file data and cookie session information for its operational purposes, including for purposes of improving Client experience on the Computer Support Group, LLC Website, collecting and analyzing traffic and activity data related to the Computer Support Group, LLC Website, managing Client relations, etc.
(viii) Computer Support Group, LLC may collect and generate aggregate and group information based on Client and others’ visits and activities on the Computer Support Group, LLC Website, or by combining Client-related information with information about Computer Support Group, LLC’s other clients. Such aggregate information is anonymous and does not identify Client individually. Computer Support Group, LLC shall be free to use and share with others such aggregate information for market research/analysis, marketing and advertising, and other business purposes.
(ix) Computer Support Group, LLC will use commercially reasonable measures to safeguard Client Account Information, but absolute security cannot be guaranteed. No data transmission over the Internet and no data storage can be 100% secure. Consequently, Computer Support Group, LLC does not warrant or guarantee the security of any information Client transmits to, from or on the Computer Support Group, LLC Website. Computer Support Group, LLC will endeavor to notify Client in the event Computer Support Group, LLC becomes aware of a breach or suspected breach of the security of Client Account Information as stored by Computer Support Group, LLC. However, it is expressly understood and agreed that Computer Support Group, LLC shall not be liable for any breach of security of Client Account Information resulting from causes or events that are beyond Computer Support Group, LLC’s control, including, without limitation, Client’s own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.
2.17 Cookies and Similar Devices. By entering into this Agreement, Client expressly acknowledges and agrees:
(i) The Computer Support Group, LLC Website may send cookies, which are small pieces of data, to Client’s web browser to facilitate Client’s use of the Computer Support Group, LLC Website. Cookies help Computer Support Group, LLC deliver content specific to Client’s interests and permit our servers to recall information from Client’s prior visits to the Computer Support Group, LLC Website. Computer Support Group, LLC may use information collected from cookies in conjunction with other information collected from Client. Computer Support Group, LLC does not, however, use cookies to access information on Client’s computer or mobile device. Client may choose whether to accept cookies by adjusting the settings of Client’s browser. If Client’s browser is set to reject cookies, Client may still enter the Computer Support Group, LLC Website, but Client may not have full access to all areas of the Computer Support Group, LLC Website.
(ii) The Computer Support Group, LLC Website may use other industry standard technologies like pixel tags and web beacons to track Client’s use of the Computer Support Group, LLC Website, and may also allow Subcontractors to use these devices on Computer Support Group, LLC’s behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on the Computer Support Group, LLC Website or in Computer Support Group, LLC emails that allow Computer Support Group, LLC to determine whether Client has performed a specific action. When Clients access these pages or open or click an email, pixel tags and web beacons generate a non-personally identifiable notice of that action. Pixel tags allow Computer Support Group, LLC to measure and improve understanding of visitor traffic and behavior on the Computer Support Group, LLC Website, as well as to measure Computer Support Group, LLC’s promotions and performances. Computer Support Group, LLC may also utilize pixel tags and web beacons provided by others for the same purposes.
Fees and Payment.
3.1 Service Fee. In consideration for the Services, Client shall pay Computer Support Group, LLC in advance the listed monthly fee for the Service package selected by Client commencing on the Go-Live Date (the ‘Service Fee’). The Service Fee is NON-REFUNDABLE. The initial Service Fee shall be paid on the Effective Date. Thereafter, the monthly Service Fee shall become due on the monthly anniversary of the Go-Live Date. Client may cancel the Services and terminate this Agreement and its account pursuant to Section 4.2 of this Agreement.
In addition, Client shall reimburse Computer Support Group, LLC, within thirty (30) days of being billed by Computer Support Group, LLC, for any out-of-pocket costs incurred by Computer Support Group, LLC in rendering the Services (the ‘Miscellaneous Costs’), including, without limitation: (i) the costs of maintaining the domain name for the Client Website; it being understood that where Computer Support Group, LLC offers the first year of domain name registration website free of charge for certain Service packages, the Client will automatically be charged (and be obligated to reimburse Computer Support Group, LLC) for the costs of renewing and maintaining the domain name registration after the first year; and (ii) if applicable, the costs of providing e-commerce features, customer support services and other solutions (e.g., shopping cart and electronic ordering/purchase processing, dedicated customer support hours and other services).
3.2 Billing and Contact Information. Client shall provide Computer Support Group, LLC with current and accurate billing and contact information and shall promptly notify Computer Support Group, LLC of any change in such information. If the billing or contact information provided by Client is incorrect or incomplete or becomes outdated, Computer Support Group, LLC shall have the right to immediately suspend the Services and access to the Client Properties without any liability to Client, until current and correct billing and contact information is provided by Client. If Client does not provide its updated billing and contact information within a reasonable time period after Computer Support Group, LLC makes a request, Computer Support Group, LLC shall have the right to terminate this Agreement with immediate effect with or without notice to Client, upon which Computer Support Group, LLC will, without any liability to Client, cease all of the Services, permanently deactivate and terminate the Client Properties, and permanently delete the Client account and all Client-Furnished Material from the Computer Support Group, LLC Website and the Computer Support Group, LLC Systems.
3.3 Timely Payment. Client acknowledges and agrees that: (i) timely payment of the Service Fee for each billing period is essential to the continuation of the Services and the Client Properties; (ii) A 5% charge fee will be added if no payment is received after net 15 days; (iii) Client’s failure to pay the Service Fee on time for a given billing period shall entitle Computer Support Group, LLC to immediately suspend the Services and access to the Client Properties without any liability to Client; and (iv) if Client’s account is delinquent for thirty (30) days or more, then in addition to its other rights and remedies, Computer Support Group, LLC shall have the right to terminate this Agreement with immediate effect upon notice to Client, upon which Computer Support Group, LLC will, without any liability to Client, cease all of the Services, permanently deactivate and terminate the Client Properties, and permanently delete the Client account and all Client-Furnished Material from the Computer Support Group, LLC Website and the Computer Support Group, LLC Systems.
How To Pay:
Automated recurring payment to the card on file
- Complete the credit card authorization form at the end of this Agreement. Online Payment
- Monthly invoice will be emailed to the contact on file along with a link to pay online. Check
- Monthly invoice will be emailed to the contact on file.
Payable to: Computer Support Group 10418 Conistan Place Cornelius NC, 28031
3.4 Taxes. The Parties agree that Client shall pay the full amount of the Service Fee, exclusive of any sales, use, excise, value-added or other similar taxes, all of which shall be the responsibility of Client.
Term and Termination.
4.1 Term. The initial term (the ‘Initial Term’) of this Agreement shall commence on the Effective Date and end on the one (1) month anniversary of the Go-Live Date. Thereafter, the term shall automatically renew on a month-to-month basis on each monthly anniversary of the Go-Live Date. The Initial Term and any monthly renewal thereafter shall be referred to herein as the ‘Term.’
4.2 Termination by Client. Following the Initial Term, Client may terminate this Agreement for any reason by calling the Computer Support Group, LLC Support at (704) 765-1821 between the operating hours of 8:00 a.m. EST and 6:00 p.m. EST, Monday through Friday (excluding federal holidays). Client must submit its notice of cancellation no later than 6:00 p.m. EST 30 days before the next billing date to avoid further charges; provided, that if such day is a Saturday or Sunday or a federal holiday, then no later than 6:00 p.m. EST of the last business day immediately prior to the start of the next billing cycle.
4.3 Termination by Computer Support Group, LLC. Computer Support Group, LLC shall have the right to terminate this Agreement with immediate effect with or without notice to Client as follows: (i) pursuant to Section 3.2 or 3.3 of this Agreement,; (ii) upon a breach of this Agreement, including, without limitation, Section 2.10, by Client (including anyone acting under its authority or on its behalf); (iii) if Client becomes insolvent, files for bankruptcy, or is adjudicated as bankrupt or insolvent, or makes an assignment for the benefit of creditors, or makes an arrangement pursuant to any bankruptcy law, or if a receiver, liquidator, custodian, trustee or the like is appointed for its business; or (iv) if Client winds down, liquidates, or otherwise ceases or discontinues its business for any reason. Notwithstanding the foregoing, Computer Support Group, LLC shall have the right to terminate this Agreement with thirty (30) days prior written notice to Client for any reason or no reason.
4.4 Effect of Termination. Upon any termination of this Agreement:
(i) All unpaid and accrued Service Fee and Miscellaneous Costs amounts (including interest thereon, if any) owed by Client hereunder shall become immediately due and payable to Computer Support Group, LLC;
(ii) All rights and licenses granted by each Party to the other Party under this Agreement shall automatically cease and terminate;
(iii) Computer Support Group, LLC will cease all of the Services, permanently deactivate and terminate the Client Properties, and permanently delete the Client account and all Client-Furnished Material from the Computer Support Group, LLC Website and the Computer Support Group, LLC Systems;
(iv) Client shall have no further right or permission to access or use, except for the Client-Furnished Materials: (1) the Client Website, including any templates, designs or look-and-feel contained therein; (2) Computer Support Group, LLC Website; (3) any of the Computer Support Group, LLC-Furnished Material; (4) any of the Services; and (5) any of the Computer Support Group, LLC Systems;
(v) To the extent Client is in possession of any Computer Support Group, LLC-Furnished Material (including any copies thereof), Client shall promptly return the same to Computer Support Group, LLC or, if so requested by Computer Support Group, LLC, promptly destroy the same;
(vi) To the extent Client is in possession or control of any confidential information of Computer Support Group, LLC, it shall promptly return the same (including all copies thereof) to Computer Support Group, LLC or, if so requested by Computer Support Group, LLC, promptly destroy the same; and
(vii) Notwithstanding anything herein to the contrary, all of the provisions of Sections 2.8, 2.9, 2.15, 4.4, 5, 6, 7 and 8 (including all definitions pertaining thereto) of this Agreement shall specifically survive any termination of this Agreement.
Indemnification. Client shall indemnify, defend and hold harmless Computer Support Group, LLC and its corporate affiliates and their respective directors, officers, employees, agents and representatives (collectively ‘Computer Support Group, LLC Indemnitees’) from and against all third-party claims, demands, actions, suits and proceedings, as well as all associated liabilities, judgments, awards, damages, settlements, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees) (collectively ‘Third-Party Claims’), which result from or are caused by: (i) use or misuse, storage, or handling of any User Personal Information by Client or anyone acting under its authority or on its behalf; (ii) violation by Client or anyone acting under its authority or on its behalf, of the published Privacy Policy for the Client Website or any applicable law or regulation pertaining to the privacy or security of User Personal Information; (iii) the registration or use of the Client Website Domain Name; (iv) any Client-Furnished Material; (v) use of the Client Properties, or any activity conducted on or via the Client Properties, by Client or anyone acting under its authority or on its behalf; (vi) violation of any applicable law or regulation by Client or anyone acting under its authority or on its behalf; and/or (vii) any breach of this Agreement by Client or anyone acting under its authority or on its behalf.
DISCLAIMERS.
EXCEPT AS EXPRESSLY OTHERWISE STATED HEREIN, ALL OF THE SERVICES, THE COMPUTER SUPPORT GROUP, LLC WEBSITE AND THE CLIENT PROPERTIES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, COMPUTER SUPPORT GROUP, LLC HEREBY SPECIFICALLY DISCLAIMS, WITH RESPECT TO THE SERVICES, THE COMPUTER SUPPORT GROUP, LLC WEBSITE AND THE CLIENT PROPERTIES, ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES OF TITLE AND NON-INFRINGEMENT, (III) WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND (IV) WARRANTIES THAT THE SERVICES, THE COMPUTER SUPPORT GROUP, LLC WEBSITE AND THE CLIENT PROPERTIES WILL BE UNINTERRUPTED, ERROR-FREE AND SECURE.
Limitations of Liability.
7.1 No Consequential Damages. IN NO EVENT SHALL COMPUTER SUPPORT GROUP, LLC BE LIABLE HEREUNDER TO CLIENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR OPPORTUNITY, OR LOSS OF USE OR DATA, EVEN IF COMPUTER SUPPORT GROUP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
7.2 Maximum Liability. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPUTER SUPPORT GROUP, LLC HEREUNDER TO CLIENT, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED A SUM EQUAL TO THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY CLIENT TO COMPUTER SUPPORT GROUP, LLC DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE ARISING OF THE RELEVANT CLAIM OR ACTION.
Miscellaneous.
8.1 Publicity. Neither Party shall issue any press release or public announcement about this Agreement or the relationship of the Parties hereunder unless such press release or announcement is issued jointly by the Parties.
8.2 Marketing Use of Client’s Name. Client acknowledges and agrees that, during the Term, Computer Support Group, LLC and its corporate affiliates may mention and use Client’s name in sales, marketing, advertising and promotional materials (including, without limitation, sales/marketing pitches and presentations, and client/customer lists) for the purpose of identifying Client as a customer of Computer Support Group, LLC.
8.3 Relationship of the Parties. The relationship of the Parties hereunder is that of independent contractors. Nothing in this Agreement shall be deemed or construed to constitute an agency, partnership or joint venture between the Parties.
8.4 No Assignment. Client may not assign this Agreement, in whole or in part, without the prior written consent of Computer Support Group, LLC.
8.5 Notices. Except with respect to the cancellation notice set forth in Section 4.2, all notices and other communications required or permitted under this Agreement shall be in writing and sent by courier or via e-mail or facsimile.
8.6 Entire Agreement. This Agreement (including all of the Exhibits hereto) constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior understandings, communications and agreements, written or oral, between them with respect thereto. This Agreement may not be amended or modified, except by a written instrument executed by both Parties.
8.7 Severability. If any provision or any portion of any provision of this Agreement is held to be illegal, invalid or unenforceable, such shall be deemed stricken and deleted from this Agreement to the same extent and effect as if never incorporated herein, but all other provisions of this Agreement and any remaining portion of any provision which is not deemed illegal, invalid or unenforceable shall continue in full force and effect.
8.8 No Waiver. No failure or delay by a Party to exercise any remedy in the event of a breach of this Agreement by the other Party will in any way operate as a waiver of such remedy, nor will any single or partial enforcement of any remedy for breach preclude the further enforcement of such remedy or the enforcement of any other remedy.
8.9 Governing Law. This Agreement, including all disputes and controversies between the Parties arising from or connected to this Agreement, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws rules.
Computer Support Group, LLC Engage Platform Terms
THE FOLLOWING AGREEMENT (THIS “AGREEMENT”) GOVERNS YOUR USE OF THE SERVICES PROVIDED BY COMPUTER SUPPORT GROUP, LLC (“WE”, “OUR” OR “US”). WE PROVIDE YOU (“YOU”) WITH A TECHNOLOGICAL PLATFORM (THE “WEB-APP”) ON WHICH YOU CAN PROACTIVELY INTERACT WITH AND MANAGE YOUR CLIENTS (YOUR “USERS” OR “USER”), ALLOW THEM TO VIEW YOUR BOOKING AVAILABILITY AND TO SCHEDULE APPOINTMENTS WITH YOU ONLINE IN ADDITION TO OTHER SERVICES WE PROVIDE, SUCH AS ONLINE VIDEO CONFERENCE SERVICES. YOU ARE FULLY RESPONSIBLE TOWARDS YOUR CLIENTS. YOU SHALL COLLECT FEES FROM YOUR CLIENTS THROUGH A THIRD PARTY PAYMENT GATEWAY, AS FURTHER DETAILED BELOW. WE ARE NOT RESPONSIBLE FOR YOUR CLIENTS, NOR ARE WE A PARTY TO THE PAYMENT PROCESS BETWEEN YOU AND YOUR CLIENTS. FOR USE OF OUR SERVICES YOU WILL BE CHARGED WITH A MONTHLY FEE AS SPECIFIED IN OUR PRIVACY POLICY. WE WOULD LIKE YOU TO READ OUR PRIVACY POLICY AND OUR TECHNOLOGY PARTNER’S PRIVACY POLICY (LINKED BELOW), THE TERMS OF WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
We reserve the right to make changes, at any time, to the Web-App, this site and this Agreement. Your continued use of this site or the Web-App will constitute your acceptance of any new or amended terms and conditions.
To the extent that the provisions of Regulation (EU) 2016/679 (“GDPR”) apply to the processing of personal data under these Terms of Service, Our Technology Partner’s Data Processing Addendum serves as an integral part of these Terms of Service.
You and your Users are expressed prohibited from using Our services in any manner that involves the maintenance, creation, transmission, receipt, use or processing of Protected Health Information, as defined by HIPAA. We will not be responsible in any manner to comply with HIPAA in connection with your account.
REGISTRATION AND USER ACCOUNT
When you register for the use of the Web-App We will ask you to provide Us with certain contact and personal details. You should update such information from time to time, and no later than 7 days after any change to it. Bear in mind that false, incorrect, or outdated information may prevent you from registering, and may impair Our ability to provide you with the Web-App. Our use of your personal data is subject to Our Privacy Policy and Our technology partner’s privacy policy (linked below). You will also be requested to register, if you are not already registered, with a third party payment gateway (such as “PayPal”) through which you shall collect your fees from your Users (the “Gateway”). You will provide Us with your email as well as the unique identification for your account at the Gateway.
- Monthly invoice will be emailed to the contact on file.
- Monthly invoice will be emailed to the contact on file along with a link to pay online. Check
YOUR USER’S FEES
The Web-App allows you to create and send detailed invoices to your Users based on information you provide, including, but not limited to, the description of your company, the services you provide (the “Services”), any applicable taxes and so forth. Upon scheduling an appointment or ordering Services, your Users will be directed by the Web-App to make the required payment to your account at the Gateway through one of the payment methods recognized by the Gateway (including but not limited to credit cards, debit cards and bank accounts). The payments will be transferred by the Gateway to your account minus any fees payable to the Gateway in accordance with the Gateway’s specific terms of service. You hereby grant Us permission to utilize any applicable technological means in order to facilitate the above-mentioned connection between the Users, the Web-App and the Gateway. You are fully responsible for the determination and collection of the fees from your Users as well as for any dispute, chargebacks and refunds required by your Users, the Gateway or other financial institution involved in the payment process and We will not have any control or responsibility with regards to any of the forging.
WE ARE NOT RESPONSIBLE FOR THE INFORMATION YOU PROVIDE IN YOUR INVOICES OR FOR ANY FAILURE BY USERS TO MAKE DUE PAYMENTS OR FOR YOUR FAILURE TO COLLECT SUCH PAYMENTS.
OUR FEES
Our services are provided in consideration of a monthly fee as further detailed in Our pricing page
IP OWNERSHIP
The audio and visual information, documentation, data, software, products, services, material and related graphics available on this site (“Materials”) and the Web-App are provided by Us. The Web-App and the Materials contained on this site are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties.
As between the parties, We alone own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Web-App and the Materials. Our name, trademarks, service marks, logos and the product names associated with the services provided by Us, are trademarks and/or service marks and/or trade names owned by Us or third parties that licensed their rights to Us, and no right or license is granted hereunder to use them. You may not reproduce, edit, modify, display, distribute or make any other use of the Web-App or the Materials, in any form or by any means, without Our prior written consent. We grant you permission to integrate the Web-App on your website and use it solely for the performance of the Services, provided that you do not modify the Web-App or any Materials and provided further that you retain all copyright and proprietary notices as they appear in the Web-App and Materials.
You expressly agree that Our logos and other references to Us such as “powered by Computer Support Group, LLC” will be displayed on the Web-App’s interface.
You may not use the Web-App or any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Us or any third party referenced in the Web-App or the Materials. You agree to use the site, the Web-App and the Materials accessible via the site only for lawful purposes.
We do not claim ownership over content, such as text and images that you upload through the Web-App. However, when you do so, you represent and warrant to us that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet through the Web-App, in accordance with this Agreement. Without derogating from the foregoing, We do not endorse or assume any responsibility with respect to content posted by you through the Web-App and marked improperly.
This Agreement does not convey to you any ownership interest in or to the Web-App, but only a limited and revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of Our intellectual property rights which include, without limitation, unpatented inventions and ideas, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and under any law, as well as any goodwill associated therewith. Use of the Web-App in violation of the limited license granted hereunder will result in the termination of this Agreement and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Web-App, or any part thereof, by others.
RESTRICTIONS
Except as expressly permitted in this Agreement, you may not: (i) commercially exploit the Web-App or make it available to any third party in any way; (ii) display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, reverse engineer or combine the Web-App with other software or services; (iii) interfere in any manner with the functionality of the Web-App or use the Web-App in any way that breaches any code of conduct, policy or other notice applicable to the Web-App; (iv) copy any ideas, features, functions or graphics of the Web-App or any content, including the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Web-App (collectively, “Content”); (v) use the Web-App for commercial purposes (other than for the performance of the Services), including but not limited to, using the Web-App’s platform to send commercial email solicitation or advertisements or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations; (vi) modify, alter or create derivative works of the Web-App, or any part of the Web-App, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in this Agreement; (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Web-App, whether of Us or any other third parties; or (viii) otherwise use the Web-App not in compliance with the terms of this Agreement.
RESPONSIBILITIES AND ACCEPTABLE USE OF THE WEB-APP
You are solely responsible for the performance of the Services and the manner in which the Services are performed, and We will not bear any liability in connection therewith nor will We be responsible for any claim arising out of, or resulting from, the Services or their performance by you.
By using the Web-App, you represent to Us that: you are at least 18 years old; you are qualified to provide the Services; and you will provide the Services in accordance with any professional rules and regulations which apply to you or to the field of practice in which the Services are being rendered, to the extent that such professional rules and regulations exist, and with any legal obligations imposed on you in connection with such Services.
You are responsible for all of the acts or omissions associated with your access and use of the Web-App and the access and use of the Web-App by anyone on your behalf. You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Web-App, including those related to data privacy, international communications and the transmission of technical or personal data.
You shall comply with any instructions concerning access to and/or use of the Web-App that We may offer from time to time.
You specifically agree not to, in any way: (i) access (or attempt to access) the Web-App by any unauthorized or automated means, other than through the interface that is provided by Us; (ii) breach this Agreement or any other applicable rules and instructions that We may convey with respect to the use of the Web-App; (iii) interfere with or disrupt the integrity or damage the performance of the Web-App or any other computer system or network or circumvent or manipulate the operation, or functionality of the Web-App, including any hosting services provided by third parties to facilitate the Web-App; (iv) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, in the Web-App; (v) use robots, crawlers and similar applications to collect and compile Content from the Web-App, for the purposes of competing with the Web-App, or in such ways that might impair or disrupt the Web-App’s functionality; (vi) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (vii) collect or process personal information of Users without their explicit consent; (viii) be involved in any illegal activities, including promoting, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (ix) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Web-App; (x) interfere with the proper functioning of any system, including deliberate attempt to overload a system by mail bombing, or flooding techniques; or (xi) send, store, provide or link through the Web-App to any content or material that contain or may reasonably be deemed as:
Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or any other similar software or programs that may damage the operation of the Web-App;
Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under applicable laws;
Constituting a violation of a person’s right for privacy or right of publicity;
Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
Unsolicited commercial communications (“spam”), chain letters, or pyramid schemes.
Should We become aware that you have violated this Section (or any part of it), We shall be entitled, at Our own discretion, to remove the content in violation immediately, terminate your account and notify the relevant authorities.
YOUR CONTENT
We reserve the right to review any content posted using the Web-App and delete, remove, block access to it, or refuse to upload it through the use of the Web-App, for any reason that We may consider to be justified in Our sole discretion, including: (i) preventing misuse of the Web-App; (ii) when We deem the content to be in breach of this Agreement, or an infringement of any applicable law; (iii) when your user account is canceled, either by yourself or by Us; and (iv) when the owner of content that you have posted on the Internet wishes it to be removed, whether as result of a person’s complaint, or of Our own initiative.
We do not warrant or guarantee that any content that you wish to upload, store, provide, or link to through the Web-App, will be uploaded, stored, provided or linked to.
Nothing in the foregoing, however, shall impose on Us any responsibility to check, review, screen or supervise any content posted on the Web-App, and nothing in the foregoing shall derogate from or relieve you of any of your representations, warranties and undertakings in this Agreement.
DISCLAIMER OF WARRANTIES
We intend for the Materials contained on this site to be accurate and for the Web-App to be reliable. The Materials and the Web-App may, however, contain technical inaccuracies, typographical errors or other mistakes. We may make corrections or other changes to the Web-App and the Materials at any time. We reserve the right to make corrections, modifications, enhancements, improvements and other changes to the Web-App and to its products, programs and services at any time, or to discontinue the Web-App or any other products, programs, or services without notice.
In addition, the Web-App’s performance is measured using specific computer and communication systems and components and reflects approximate performance of the tested products. Any difference in hardware or software may affect actual performance.
THE WEB-APP AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THE WEB-APP AND MATERIALS. WE ASSUME NO LIABILITY FOR YOUR USE OF THE WEB-APP AND THE MATERIALS OR ANY APPLICATIONS OR ASSISTANCE PROVIDED BY US.
NOTHING IN THIS AGREEMENT CONSTITUTES ANY WARRANTY OR REPRESENTATION ABOUT THE SUITABILITY OF THE WEB-APP FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE WEB-APP OR THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER WE OR ANY AUTHORIZED REPRESENTATIVE OF OURS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
INDEMNIFICATION
Notwithstanding anything to the contrary in this Agreement or elsewhere, you agree to indemnify, defend and hold harmless Us and Our officers, managers, directors, shareholders, employees, sub-contractors, agents, licensors and anyone acting on their behalf, at your expense and immediately after receiving a written notice from Us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim or demand by any third party, including Users, arising from or in connection with the use of the Web-App or the rendering of the Services, any of your actions or omissions with respect to the performance of this Agreement, any communications that you convey through the Web-App, or your breach of this Agreement (including, without limitation, any of your undertakings or representations thereunder) or any other terms, laws, rules or regulations applicable to the Web-App or the Services, or your violation or infringement of a third party’s rights.
SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY SITES
This site and the Web-App may contain certain links that will let you access other websites that are not under Our control. The links are only provided as a convenience and We do not endorse any of these websites. We are not responsible for the contents of any linked site or any changes or updates to such sites. We assume no responsibility or liability for any material that may be accessed on other websites or reached through this site or the Web-App.
OUR PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY OF OUR PRODUCTS OR SERVICES.
TRADEMARKS
The trademarks, service marks and logos used and displayed on this site or the Web-App are registered and unregistered trademarks and service marks of Ours and others. All other registered and unregistered trademarks used on the Site or the Web-App are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of Our trademarks, service marks or logos (“Marks”) used or displayed on the site or the Web-App without Our prior express written permission and, in each case: (a) are subject to Our usage guidelines, (b) all use and goodwill generated thereby shall inure to Our benefit, and (c) We are entitled to monitor and control the nature and quality of the Marks in connection with such use. When used with Our permission, all trademarks must be identified as trademarks of Ours using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications.
AVAILABILITY AND INTERNET DELAYS
The availability and functionality of the Web-App depend on various factors and elements, including software, hardware and communication networks, which may be provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Web-App will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
TERM AND TERMINATION
THIS AGREEMENT IS EFFECTIVE FROM THE MOMENT OF YOUR ACCEPTANCE, BY CLICKING ON THE “I AGREE” BUTTON (OR ANY SIMILAR BUTTON), AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL TERMINATED IN ACCORDANCE WITH THE TERMS OF THIS SECTION. We have the right to terminate this Agreement immediately, upon written notice to you. You have the right to terminate this Agreement immediately, upon written notice to Us, provided, however, that any Fees that have been received by Us prior to such termination shall be non-refundable.
The expiry or termination of this Agreement for any reason shall not affect any rights, obligations or liabilities accrued before the date of termination or expiry, or any rights, obligations or liabilities specifically stated herein to continue in force after and despite expiry or termination.
NOTICES
We may give you notice (on behalf of Us and of a User or other third parties, to the extent necessary) by means of a general notice on the Web-App or by electronic mail to your e-mail address on record in Our account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. You may give notice to Us at any time by email addressed to info@computersupportg.com. We reserve the right to publish – including on Our website – any communications with you, as long as your personal details are not revealed without your prior consent.
MODIFICATION TO TERMS
We reserve the right to modify the terms and conditions of this Agreement or any policies relating to the Web-App. Changes will take effect 7 days after We have posted an initial notification on the Web-App, unless such amendments are made in order to comply with legal requirements. If Our amendments are made to comply with legal requirements, such amendments will become effective immediately upon their initial posting, or as otherwise required by applicable law.
You agree to be bound by any of the changes made in this Agreement, including changes to any and all documents, forms and policies incorporated herein and any other policies relating to the Web-APP. Continued use of the Web-App after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, you must cease any further use of the Web-App. The date at the beginning of this Agreement indicates the last date that the Web-App Agreement was updated.
We advise you to periodically read the terms of this Agreement, as they may change from time to time.
CHANGES IN OWNERSHIP
We may transfer ownerships rights and title in the Web-App or in Us (whether by way of merger, sale of shares, sale of assets, license or otherwise), to a third party, provided that your rights remain in effect according to this Agreement. In which case, all of the details and information pertaining to you will be passed on to the corporation receiving the rights in the Web-App and you hereby give your prior consent thereto.
SURVIVAL
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive any termination or expiration of this Agreement.
PRIVACY POLICY
We respect your privacy. Information obtained by Us with respect to the use of the Web-App shall at all times be subject to Our and Our technology partner’s Privacy Policy which constitutes an integral part of this Agreement.
We use commercially reasonable efforts to implement information security systems and procedures to secure your personal information and to prevent unauthorized access to the Web-App and any information routed through or stored on the Web-App.
Notwithstanding the forgoing, your use of User’s personal data shall be in accordance with this Agreement and your privacy policy located at your website. We are not responsible and will bear no liability to your privacy policy or to your compliance therewith.
Cookies are alphanumeric identifiers that We transfer to your computer’s hard drive through your web browser to enable Our systems to recognize your browser and tell Us how and when pages in Our website are visited and by how many people. Our cookies do not collect personal information, and We do not combine information collected through cookies with other personal information to tell Us who you are or what your screen name or e-mail address is. The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. In addition to the information that you share with Us, this website uses standard log files. These logs include Internet Protocol (IP) addresses, browser type, Internet service provider (ISP), and page information in order to administer Our website, refine content and flow, and to gather broad demographic information for aggregate use.
This website does not target and is not intended to attract children under the age of 16. We do not knowingly solicit personal information from children under the age of 16 and We do not send them requests for personal information.
CONTACT INFORMATION
All requests for further information or for permission to use the Web-App or reproduce any portions of the Materials in addition to the permission granted above should be directed to: info@computersupportg.com.
NO AGENCY
This Agreement and the use of the Web-App by you will not be construed as, and do not create, or imply a relationship of agency, joint venture, franchise or partnership between you and Us, unless expressly stated herein. You may not make any representations, bind or hold yourself out as a representative of Ours.
MISCELLANEOUS
This Agreement shall be exclusively governed by the laws of the State of North Carolina, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of North Carolina. You agree to resolve any dispute or claim that you may have against Us and to submit to personal jurisdiction in the exclusive jurisdiction of courts in North Carolina. This Agreement comprises the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. The failure of Us to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. The section headings in this Agreement are included for convenience only and shall take no part in the interpretation, or construing of this Agreement. “Including”, whether capitalized or not, means without limitation. This Agreement may not be assigned by you without Our prior written approval and any assignment without such prior written consent shall be null and void. We may freely assign Our rights and obligations in this Agreement, in part or in full.
Exhibit A – Client Website Standard Terms of Use
This website (the “Site”) is hosted by Computer Support Group, LLC (“Computer Support Group, LLC”) for the business identified on the homepage of the Site (“Client”). For the purposes of this “TOU,” Computer Support Group, LLC and Client are referred to hereinafter collectively as “we” or “us.” This TOU constitutes an integral part of the agreement between us and each user of the Site (“User” or “you”) concerning the use of the Site. The other integral part of this agreement is the Privacy Policy for the Site. PLEASE READ THIS TOU CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read this TOU and agree to be bound by it. If you disagree with any provision of this TOU, please do not use the Site.
We reserve the right to amend this TOU at any time. We will inform you of any material changes to this TOU by posting a notice on the Site. If you are on our emailing list or if you have an account on the Site, we may also notify you of such material changes via email. By continuing to use the Site after such notice, you agree to be bound by this TOU as modified.
- Intellectual Property
1.1 Except for User Material (as defined below), all content and material made available on the Site, including, without limitation, names, marks, logos, designs, slogans, text, writings, publications, catalogs, menus, artwork, graphics, images, photos, animations, videos, audios, advertisements, promotions,
links, software, social media plug-ins, user interfaces, search engines, tools, templates, forms, listings and directories (collectively “Site Content”) shall remain the sole and exclusive property to Computer Support Group, LLC and/or Client and/or their respective licensors and are protected by U.S. and international copyright, trademark and other laws.
1.2 The term “Computer Support Group, LLC” and associated logos and designs are trademarks and service marks of Computer Support Group, LLC. All names, marks and logos used by Client (collectively “Client Marks”) are trademarks and/or service marks of Client. All other names, marks and logos are trademarks and/or service marks of their respective owners.
1.3 As used herein, “User Material” means any content or material uploaded, posted, submitted or transmitted by a User on or via the Site. Users retain ownership of their User Material, but are subject to the grant of license to us set forth in Section 2.4 below.
- Conditions of Use
Without limitation to the rest of this TOU, your use of the Site and Site Content is expressly subject to all of the following:
2.1 Eligibility: By using the Site, you represent and warrant that: (i) you are at least 13 years of age when using the Site; (ii) all information you submit to us on the Site is your own information and is truthful and accurate; and (iii) your use of the Site does not violate any applicable law or regulation.
NOTE: You must be at least 18 years old to create an account, to sign up for a promotion or event offered on the Site (each, a “Promotion/Event”), or to place an order or make a purchase on the Site.
We reserve the right to verify your age before any registration or transaction by you is allowed on the Site.
2.2 Our Limited License to You: Subject to all other terms and conditions set forth herein, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site and Site Content for YOUR OWN PERSONAL, NON-COMMERCIAL USE ONLY. Any breach of this TOU by you will result in immediate revocation of the foregoing license with or without notice.
2.3 Prohibited Conduct:
2.3.1 Except as expressly authorized by us, you may NOT copy, reproduce, download content from, republish, redistribute, create derivative works from, modify, reverse-engineer, disassemble, decompile, or otherwise use or exploit the Site or any Site Content. In any event, you may NOT make any illegal, abusive, harmful or improper use of the Site or any Site Content, or do anything that interferes with other users’ access and use of the Site or any Site Content. Without limitation to the generality of the foregoing, you are STRICTLY PROHIBITED from: (i) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or our system, network or server; (ii) making unauthorized access (including access that exceeds the scope of authorization) to the Site, our system, network or server, or any user account; (iii) crawling, scraping, or otherwise collecting or taking any data or Site Content from the Site, including through the use of bots, web crawlers, or similar automated programs or processes; (iv) engaging in spam or transmission or distribution of unsolicited commercial messages in violation of applicable laws or regulations; and (v) framing or deep-linking or in-linking to the Site or any Site Content.
2.3.2 Except for the limited purpose of making truthful and non-misleading references and attributions to us, the Site, and/or our products and services, you may NOT make use of any of Computer Support Group, LLC Marks or Client Marks, or any variations thereof, for any purpose or in any manner, without our express prior written authorization. In any event, you may NOT use any of Computer Support Group, LLC Marks or Client Marks in connection with any product or service in any way that is likely to cause confusion or deception, or in any manner that disparages or discredits Computer Support Group, LLC, Client or the Site. In addition, you may NOT use any of Computer Support Group, LLC Marks or Client Marks in meta tags or as ad keywords without the express prior written consent of Computer Support Group, LLC or Client (as the case may be).
2.3.3 You may NOT furnish any User Material that: (i) violates or infringes any copyright, trademark, trade dress, right of publicity, right of privacy, or any other property, personal or proprietary right of any person or entity; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
2.4 User Material Furnished by You: By furnishing User Material on or via the Site: (i) you expressly grant to each of Computer Support Group, LLC and Client and their respective corporate affiliates a non-exclusive, gratis and royalty-free, transferable, sublicensable, worldwide license in perpetuity to use, copy, sublicense, modify, transmit, publicly perform, publicly display, create derivative works from, host, index, cache, tag, encode, and/or adapt such User Material and any information contained therein, in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Site, other Computer Support Group, LLC services and media properties, television, radio, and Internet and mobile and wireless platforms; (ii) you represent and warrant that you own and control all rights in and to such User Material and have the legal right and authority to grant the aforementioned license to us; and (iii) you agree to defend, indemnify and hold harmless Computer Support Group, LLC and Client and their respective officers, directors, employees, agents, representatives, corporate affiliates, licensors, licensees, suppliers and contractors harmless pursuant to Section 6 below, in the event any User Material furnished by you infringes upon, violates or misappropriates any right of any person or entity.
2.5 Account Security: If you have an account on the Site, you are solely responsible for safeguarding your account access information (including username and password). If you share such information with others, you will be responsible for all activities on your account by those with whom you share account access information, including all communications, submissions, purchases, and other transactions made through your account. You shall immediately notify us of any unauthorized use of your account access information or any unauthorized or suspicious activity on your account.
2.6 Our Reservation of Rights: Your use of the Site and Site Content is a privilege, and NOT a right. Accordingly, we expressly reserve the following rights:
(i) the right to suspend, revoke and terminate your privilege to use the Site and Site Content at any time and with or without notice, should you violate this TOU or any applicable law or regulation (please note that a violation of this TOU by anyone using the Site or any Site Content under your account will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent);
(ii) the right to terminate the account of any User who is determined by us to be a repeat copyright infringer and to deny re-registration by such User;
(iii) the right to suspend, delete, remove, block, disable and deny access to any User Material at any time, for any reason, and with or without notice, including, without limitation, User Material which, in the sole judgment of Computer Support Group, LLC, violates this TOU or any applicable law or regulation, or may expose or subject Computer Support Group, LLC to actual or potential claims or liabilities of any kind, or may adversely affect the reputation or goodwill of Computer Support Group, LLC, or may pose threats, danger or harm of any kind to the Site, any Site Content, or other Users; and
(iv) the right to investigate any violation or suspected violation of this TOU and to cooperate with law enforcement authorities and/or third parties in such investigation.
2.7 U.S. Export Controls: Software provided on the Site (the “Software”) is subject to United States export control laws and regulations. No Software may be downloaded from the Site or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Notification of Copyright Claims
If you believe your copyright has been infringed by any User Material or Site Content, please notify us in writing:
Computer Support Group, LLC
Attn: Copyright Claim
10418 Conistan Place
Cornelius, NC 28031
Email: info@computersupportg.com
To enable us to investigate your alleged infringement or violation, please include the following in your notice:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions as required or permitted by law. Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.
- No Warranties: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent PERMITTED BY law, WE EXPRESSLY disclaim any and all warranties, express or implied, with respect to THE SITE AND ALL SITE CONTENT, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, AND warranties of title and non-infringement. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE do not warrant or guarantee THAT THE SITE OR ANY SITE CONTENT IS ERROR-FREE, SECURE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
- Limitation of Liability: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY SITE CONTENT, OR YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification by You: BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Computer Support Group, LLC and Client and their respective officers, directors, employees, agents, representatives, affiliates, licensors, licensees, suppliers and contractors FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, AWARDS, SETTLEMENTS, LIABILITIES, PENALTIES, FINES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COURT COSTS) (COLLECTIVELY “CLAIMS”) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF THE SITE OR ANY SITE CONTENT; (II) ANY USER MATERIAL FURNISHED BY YOU; OR (III) YOUR BREACH OR VIOLATION OF THIS TOU OR ANY APPLICABLE LAW.
- Miscellaneous: This TOU and the Privacy Policy together constitute the entire agreement between you and us concerning your use of the Site. If any provision of this TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this TOU, all of which shall remain in full force and effect. No waiver of any provision of this TOU shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under this TOU shall not constitute a waiver of such right or provision
Exhibit B – Client Website Standard Privacy Policy
This website (the “Site”) is hosted by Computer Support Group, LLC (a corporate affiliate of Computer Support Group, LLC) (“Computer Support Group, LLC”) for the business identified on the homepage of the Site (“Client”). For the purposes of this privacy policy (the “Privacy Policy”), Computer Support Group, LLC and Client are referred to hereinafter collectively as “we” or “us.” This Privacy Policy constitutes an integral part of the agreement between us and each user of the Site (“User” or “you”) concerning the use of the Site. The other integral part of this agreement is the Terms of Use for the Site.
This Privacy Policy informs you of what information we may collect from or about you on the Site, how we may use such information, and your rights and choices regarding our use of your information. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read this Privacy Policy, and agree to be bound by it. If you disagree with any provision of this Privacy Policy, please do not use the Site.
Notice To California Residents – Your California Privacy Rights: Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (i) having EITHER a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use unless the customer has first affirmatively opted into such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (ii) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.
Any request for a disclosure required under this California law should be sent to us at the email or postal address specified in Section 10 (Contact Us) below. Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
- What Information We May Collect
1.1 Personal Information: This refers to your personally identifiable information, including first and last name, telephone number, email address, mailing address, date/year of birth, and credit card or other payment account information. Many areas of the Site do not require registration and may be accessed by you without having to disclose any Personal Information. However, to the extent you voluntarily provide your Personal Information to us, we collect such information. For example, we collect Personal Information from you: (i) when you create an account on the Site; (ii) when you sign up for a promotion or event offered on the Site (each, a “Promotion/Event”); (iii) when you join our electronic mailing list; (iv) when you place an order or make a purchase on the Site (in such event, you will need to provide your credit card or other payment account information (“Payment Account Information”) in order for Client to process and fulfill your order or purchase); and/or (iv) when you submit a request or inquiry to us; each of the foregoing is referred to hereinafter as a “Transaction or Request.” Whether or not to disclose Personal Information is completely your choice. However, without your information, we will not be able to process your Transaction or Request.
NOTE: You must be at least 18 years old to create an account, to sign up for a Promotion/Event, or to place an order or make a purchase on the Site.
1.2 Aggregate and Anonymous Information: This refers to any information that does not identify you individually. For example, we may collect anonymous group data (demographics, media habits, interests and preferences, etc.) about our users and audiences. We also collect aggregate traffic data pertaining to the Site, such as: total page views in a given time period; total impressions per ad; average amount of time that visitors spend on the site each time they visit; average amount of time that visitors spend on each page of the site; percentage of visitors from a certain geographical area, etc. Moreover, we may combine user activity information (as described in Section 1.3 below) about you and other users of the Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users and audiences as a group. In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other users, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.
1.3 User Activity Information: This refers to information we may collect about user activities on the Site. For example, the Site servers may automatically collect and log “clickstream data” for all visitors to the Site, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. The Site also uses cookies and/or similar devices to collect user activity information on the Site (see Section 6 below for more information).
To the extent we use user activity information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as “Personal Information.” Otherwise, user activity information will be treated as “Aggregate and Anonymous Information.”
- How We May Use the Information
As a general matter, we use information collected from and/or about Users to improve the Site, to administer and maintain operations of the Site, and to administer and manage transactions and relationships with Users.
2.1 For Transaction/Customer Relation Purposes: If you provide Personal Information on the Site in connection with a Transaction or Request, we will use your information to process, administer, manage, and communicate with you regarding such Transaction or Request. For example: (i) if you create an account on the Site, we will use your information to set up, administer, service, and communicate with you regarding your account; (ii) if you sign up for a Promotion/Event on the Site, we will use your information to process, administer, and communicate with you regarding your participation in such Promotion/Event; (iii) if you join our electronic mailing list, we will use your information to send you our electronic communications, including our newsletters and our company announcements, alerts, notices and updates; (iv) if you place an order or make a purchase on the Site, Client will use your information to process and fulfill your order or purchase, to communicate with you regarding your purchase, and to provide customer service to you; please note that your Payment Account Information will only be used for processing your purchase transaction and will not be used or stored for any other purposes (except as expressly otherwise stated); and (v) if you submit a request or inquiry to us, we will use your information to respond to your request or inquiry. Also, if you provide your email address or mailing address to us, we may use such address to send you notices of a transactional, administrative or relationship nature or as required by law, such as notice of a material change in this Privacy Policy or the Terms of Use, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.
2.2 For Marketing Purposes: Computer Support Group, LLC and/or Client may use your information (except for Payment Account Information) to offer, market and advertise to you, on the Site and/or via email, postal mail, etc., products, services, and/or Promotions/Events that may be of interest to you, including those from corporate affiliates of Computer Support Group, LLC and/or Client. Also, if you elect to opt in (whether on the Site or otherwise) to receiving marketing information or communications directly from third parties, Computer Support Group, LLC and/or Client may share your information with third parties pursuant to your opt-in election.
NOTE: Neither Computer Support Group, LLC nor Client will knowingly sell or make any of your Personal Information available to non-affiliated third parties for their direct marketing uses, unless you have opted in (whether on the Site or otherwise) to receiving marketing communications directly from such third parties.
2.3 Sharing with Service Providers: We may share your information (including Payment Account Information, if applicable) with third-party service providers and vendors (collectively “Service Providers”) who need to access your information in order to perform necessary services for us or the Site, including data processing and storage, data security, hosting, maintenance and technical support for the Site, and purchase and payment processing, order fulfillment, and other e-commerce related functions. We require that our Service Providers limit their use of User personal information solely to the purposes for which it was disclosed by us and that they maintain the confidentiality, security and integrity of such information and not make any further disclosure to others.
2.4 Disclosure Under Other Circumstances: We may disclose your information (including Payment Account Information, if applicable) to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (i) comply with legal process (including a court order or subpoena); (ii) cooperate with law enforcement; (iii) enforce this Privacy Policy and/or the Terms of Use; (iv) respond to an emergency; or (v) protect the rights, property or safety of Computer Support Group, LLC, Client, other Users, and/or the public.
In addition, if Computer Support Group, LLC or Client is sold or transferred to, merged with, or acquired by a third party, your information may be transferred to such third party as part of the transaction, in which event the privacy policy of such third party may govern further use and disclosure of your information.
2.5 Research Use: We may use and share Aggregate and Anonymous Information to conduct market research and analysis for ourselves and/or for our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our Service Providers in order for them to perform services to or for us.
- Your Choices
3.1 Information Access: If you have an account on the Site, you may update and correct your account information by logging into your account, or by contacting us at the email or postal address specified in Section 10 (Contact Us) below.
3.2 Account Cancellation: If you wish to cancel your account on the Site or delete your personal information previously provided to us, you may send your request to us at the email or postal address specified in Section 10 (Contact Us) below. However, you acknowledge that we reserve the right to retain your information if doing so is required by law or to comply with legal process (including a court order or subpoena) or a legitimate law enforcement need.
3.3 Opt Out: To opt out of receiving marketing communications via email or postal mail from us, please send your request to the email or postal address specified in Section 10 (Contact Us) below. For marketing emails, you can also use the opt-out means (e.g., an “unsubscribe” link) provided in marketing emails that you have previously received.
NOTE: To opt out of receiving marketing communications from both Computer Support Group, LLC and Client, you must make separate requests to each of Computer Support Group, LLC and Client.
- Security We use commercially reasonable measures to safeguard Personal Information that you have shared with us, but absolute security cannot be guaranteed. It is important for you to protect against unauthorized access to your account access information and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe. We will endeavor to notify you in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by or for us. However, we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.
- Cookies and similar devices
5.1 Cookies: The Site may send cookies, which are small pieces of data, to your web browser to facilitate your use of the Site. Cookies help us deliver content specific to your interests and permit our servers to recall information from your prior visits to the Site. We may use information collected from cookies in conjunction with other information we have collected from you. We do not, however, use cookies to access information on your computer or device. You can choose whether to accept cookies by adjusting the settings of your browser. If your browser is set to reject cookies, you may still enter the Site, but you may not have full access to all areas within the Site.
5.2 Other Tracking Devices: The Site may use other industry standard technologies like pixel tags and web beacons to track your use of the Site, or we may allow our Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on the Site, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a non-personally identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the Site, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by others for the same purposes.
5.3 Third-Party Advertisers: Third-party advertisers, including so-called “network advertisers” or “ad networks,” may place or serve or manage ads on the Site. When you visit the Site, such third-party advertisers may use cookies, web beacons and/or other tracking devices to collect User Activity Information about your visits to the Site and to serve interest-based ads directly to your browser. We have no access to or control over cookies or other tracking devices used by third-party advertisers. This Privacy Policy covers the use of cookies by the Site only and does not cover the use of cookies or other tracking devices by any third-party advertisers.
5.4 Third Party Functionalities: The Site contains links to and/or enables certain third-party functionalities to enhance your experience on the Site, including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Site, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them and are at your own risk.
5.5 Google may, as a third-party advertiser, use cookies to serve ads on the Site. In particular, Google may use DoubleClick’s DART cookie that enables it to serve ads through DoubleClick’s ad-serving technology. Such cookie is placed on your computer when you are browsing the web and visit a site that supports ads delivered using DoubleClick’s ad-serving technology (including some Google AdSense advertisements). This cookie is a “persistent” cookie, meaning that it is saved into the cookie folder on your computer’s hard drive and will remain in that folder even after you close your web browser. This cookie is used to serve ads specific to you and your interests (“interest-based targeting”). The ads served will be targeted based on your previous browsing history. DoubleClick’s DART cookie uses “non-personally identifiable information.” It does NOT track Personal Information about you.
To opt-out of DoubleClick’s DART cookie and associated “interest based targeting” advertising, please visit www.doubleclick.com/privacy/dart_adserving.aspx. PLEASE NOTE that if you erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may need to opt out again. PLEASE NOTE also that opting out of the ad-serving cookie does not mean that you will stop seeing pop-up ads or banner ads embedded in websites. You can control many pop-ups by using free software available on the Internet or by disabling JavaScript on your browser.
If you wish to disable cookies selectively or entirely (see Section 5.6 below about Flash cookies or similar technologies), you may do so through your individual browser options or using special software. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. Alternatively, you can use the guide at www.aboutcookies.org/Default.aspx?page=1.
More information on the DoubleClick DART cookie which is used by Google in the ads served on publisher websites displaying AdSense for content ads can be found at www.doubleclick.com/privacy/faq.aspx.
5.6 Flash Cookies
The Site and/or third-party advertisers on the Site may use “Flash cookies” or similar technology for tracking purposes, saving preferences or when serving and managing ads on the Site. To learn more about what a “Flash cookie” (also known as “local shared object” or “LSO”) is and does, please visit:
www.adobe.com/products/flashplayer/articles/lso/
www.epic.org/privacy/cookies/flash.html
You should know that Flash cookies cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out, or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit:
- Links to Third-Party Websites
The Site may contain links to third-party sites that are not owned or controlled by or affiliated with us. We are not responsible for the privacy practices of such third-party sites. Once you enter such a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policy of that third party. Such third-party sites’ privacy policies and practices may be substantially different from those of ours. They may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites entirely at your own risk. You should always read the privacy policy for a third-party site before disclosing any personal information on such a site.
- Protecting Children
The Site is not designed or intended for anyone under the age of 13, and we do not knowingly collect personal information from anyone under 13 on the Site. Children under the age of 13 will not be permitted to register otherwise interact with us on the Site. If we discover that any registration or transaction is made by an underage child, such registration or transaction will be immediately and permanently canceled and removed from the Site, with or without notice. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
- INTERNATIONAL USER NOTICE
For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. For residents of the European Union: the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy. By using the Site, you agree to have your information used and transferred to the United States as set forth in this policy.
- CHANGES IN PRIVACY POLICY
From time to time, we may make changes to this Privacy Policy. If we make changes, we will post them on the Site to make users aware of what the changes are so Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any changes to the policy when she or he uses the Site after those changes have been posted. If, however, we intend to disclose Users’ Personal Information in a manner different from that stated at the time of collection, we will post a notice of such intent on the Site 30 days prior to such action.
- Contact Us
All communications to Computer Support Group, LLC concerning this Privacy Policy should be sent via postal mail or email to:
Computer Support Group, LLC
Attn: Privacy
10418 Conistan Place
Cornelius, NC 28031
Email: info@computersupportg.com
To contact Client concerning this Privacy Policy, please use the Client contact information published on the Site.