As a requirement, prior to you being able to use any of the tools, functions and services offered to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any element of this site, or use any functions, tools, or services that this site offers, register as a member, or view any text or graphics, such activities on your part means explicitly and definitely that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement, you must leave this Site promptly and you may not retain our services.
All service plans are subject to modification or cancellation at any time with no prior notice. Digital Mechanics LLC, California, USA and/or Digital Mechanic reserves the right to cancel service at any time with no prior notice, for any reason they in their sole discretion, deem appropriate.
"Software" means a computer program of any kind, whether owned by Digital Mechanics or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. No software may be copied or distributed without prior authorization from Digital Mechanics. Software includes both Digital Mechanics Software and all Third Party Software.
A Technician will take you through the download process of secured and safe software.
You may order Services through our Digital Mechanics in person or virtual appointments or by calling Digital Mechanics. Once Digital Mechanics accepts the Plan Order submitted by you, you will then receive an email from Digital Mechanics at the email address that you provide or have provided to Digital Mechanic as part of the Registration Process for the Services. Digital Mechanics is not responsible for rendering services in connection with any Plan Order that it has not accepted. Upon acceptance by Digital Mechanic of a Plan Order, you will have an active Service Plan.
You understand that Digital Mechanics subscription will renew at end of your subscription cycle unless explicitly stated otherwise. Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Digital Mechanics. If you would like to opt out of the ‘Auto Renewal’, please mail us at firstname.lastname@example.org or call at least 30 days prior to your subscription end date to discontinue your service.
For subscription based plans; a full refund will be issued if Digital Mechanics has not been able to resolve even a single issue for you within the first 15 days of the subscription. If there are one or more resolved issues, the fees for the Service will not be refundable. Notwithstanding this Digital Mechanics may, at its sole discretion and on a case-by-case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. For incident based plans, you will be eligible for refund when any of the following criterions are met:
If you are dissatisfied with the work performed, you must submit your complaint in writing within seven calendar days of the service being performed otherwise you expressly relinquish any ability to dispute the quality of service and any related refusal to pay our service and related charges. We will act in response to your written complaint as soon as we are able to and will endeavor to resolve the issues regarding your complaint. All complaints that are not resolved will be resolved by mandatory, binding arbitration as set forth herein.
We will act in all reasonable ways to establish the nature of the problem(s) that require our professional attention and to locate, analyze and correct those errors or problems. Nonetheless, we do not guarantee that, despite our best efforts that we will be able to successfully resolve the problems you have retained us to check up and repair. Consequently, you are still liable for and must pay us for our time spent attempting to repair your problems even if we cannot, using all reasonable efforts, produce actual repairs.
You are not authorized to use our trademarks, name, or any aspect of our various elements of intellectual property in any manner, including advertising, publicity or any commercial or non-commercial nature without our express written consent.
We reserve the right to refuse, terminate, or suspend service to any user for any reason we deem, in our sole discretion, to do so, without any prior notice. Typically, we will suspend, terminate or refuse service if we determine that a user is using a computer system in an improper or illegal manner, providing indecent or obscene content, violating the rights of privacy or publicity, violating the civil rights of others, conducting actions that defame a third party or entity, are publishing "hate" or intolerant material, or are threatening or harassing others. However, we may also suspend, refuse, or terminate service for any reason that we, in our sole discretion, consider inappropriate.
We fully reserve the right to expire any prepaid and unused professional time and services that remain on your account if such has not been used within a year of the original purchase date. Such unused professional time and services will thusly expire and shall not be usable or refundable upon expiration. We shall have no duty to notify you of our decision to expire the unused professional time or services or any pending expiration.
For service you must have a broadband or high speed connection to the Internet to receive service and your computer must be actively connected to the Internet through a broadband or high speed connection at all times service is rendered or to be rendered by us. You must also have a registered, valid copy of Microsoft Windows 2000 or newer installed as your system's operating software during all service periods. Your computer must be connected and operating while we are conducting repair, diagnosis, or downloading software or otherwise installing repair-related materials. You must allow us to download and install recommended software, including software that will require you to pay a licensing fee if ample freeware is not available and you will be responsible for all licensing fees and registrations for the same. You also agree that we may remove any software that is creating conflicts or is otherwise determined by us to be harmful or otherwise disruptive of the appropriate efficiency or working of your computer. We will endeavor to gain your prior approval before we install software or delete software, but you agree that we may delete and/or install software at our sole discretion without your prior approval if we deem it, in our exclusive discretion, to be in your best interest for us to do so and you agree to hold us harmless from any loss/failure of any nature relating to our installation and/or deletion of software on your computer. If you have Microsoft Vista installed on your computer, you may be required to disable your User Account Control (UAC). If you do render inoperative the UAC, you understand that your computer may be vulnerable to Malware and other harmful programs and scripts during the short period that we are accessing your computer and you agree to hold us harmless from any failure and/or losses of any nature arising from this susceptibility of your computer arising from your temporary disabling of your UAC or your failure to correctly and promptly re-establish your UAC protections. You agree that you will promptly reactivate your UAC as instructed by us when we expire our access to your computer.
Wrongly and inaccurately represent your professional or business credentials or professional background. In your jurisdiction you must be of adult age to use this site or to become a client of this site. In any event, no member or user may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minors/ children but are solely accountable for the direct supervision of their children while their minors visit the site or use any of the services/tools that the site provides. We may post policies, rules, or guidelines. Upon the posting of such materials from time to time, they immediately become incorporated by reference into this Agreement as if fully set forth herein.Some rules that cannot be infringed by members or users include the following:
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