Terms of Service
Terms of Services
This is the TurboYourPC Website Terms of Service as related to the purchase of TurboYourPC products or services and applies to www.TurboYourPC.com. When using the Website and services (the "Website"), you agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service then do not utilize the Website or Download any applications from the Website (www.TurboYourPC.com).
By using www.TurboYourPC.com, you agree to be legally bound and to abide by these Terms of Service, as if you had signed this agreement. Failure to comply with these Terms of Service at any time could result in TurboYourPC terminating your access to the Website. TurboYourPC may discontinue or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website are available, (ii) restricting or terminating any user's right to use the Website, at TurboYourPC's sole discretion and without prior notice or liability, and (iii) restricting the amount of use permitted.
Payment and Services
Minor releases of the Software are free. Subsequent upgrades and software releases are provided through subscribing to the TurboYourPC software plan. All purchasers of TurboYourPC Software are automatically subscribed to the plan and the original credit/debit card will be charged automatically (or funds withdrawn via electronic transfer from a checking/bank account – depending on what payment method is being used). Subsequent payments are billed on or about the anniversary date for the appropriate year. The duration of the subscription plan shall be for a twelve, twenty four or thirty six (12, 24 or 36) month period beginning from the date the Software was originally purchased. If the subscription is not cancelled, it will be automatically renewed for successive periods of one (1) year, unless either party provides notice of its intention not to renew prior to the Plan's renewal date. TurboYourPC may at any time (without prejudice to its other rights or remedies) terminate the Plan in whole or in part upon thirty (30) days prior written notice to the Purchaser or in the event of the breach of this Agreement by the Purchaser, unless the Purchaser remedies such breach within the fore mentioned thirty (30) day period.
In some cases TurboYourPC may extend a Payment Plan to its customers for software or services. Customers who elect Payment Plans are contractually obliged to make subsequent payments of the plan. Customers who have elected to use such a Payment Plan or who have selected to pay a monthly subscription will make their first payment when software or services is originally purchased. Subsequent payments of the plan will be made thirty (30) days from the date of the original payment and will be made every thirty (30) days thereafter until the balance of the agreement has been paid. Subsequent payments will be automatically charged to the valid credit/debit card provided (or withdrawal of funds via electronic transfer from your checking/bank account – depending on what payment method you are using) unless other payment methods have been arranged with TurboYourPC staff, such as an alternate credit card. Monthly subscriptions can be cancelled by contacting support@TurboYourPC.com at any time.
Plan renewal fees may increase or decrease at the discretion of TurboYourPC. Customers will be notified by email, to the email address on record that has previously been provided by the customer. This notification will be prior to the Plan renewal date and note the renewal amount.
Privacy Policy
The TurboYourPC Privacy Policy describes how we manage personal information collected when you use our Website.
License to the site
TurboYourPC permits you to a non-transferable, non-exclusive and limited right to access, use and display the website and materials for your personal use only. This is under the condition that you wholly comply with these Terms of Services. You are not permitted to interfere with the operation of the website in any way through any means or device including, but not limited to; hacking, spamming, uploading computer viruses or time bombs, and any other means expressly prohibited by any provision of these Terms of Services.
Content and Materials
By visiting www.TurboYourPC.com you acknowledge that the Website contains information, software, sounds, images, photos, videos, text or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and TurboYourPC owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The TurboYourPC name and logo are trademarks of TurboYourPC Corporation. All other trademarks appearing on the Website are trademarks of their respective owners. In addition TurboYourPC's partners may have additional proprietary rights in the content that they make available through the Website. You may not publish, transmit, modify, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other website or networked computer environment is strictly prohibited. In the software is downloaded the software provided by TurboYourPC, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by TurboYourPC pursuant to a license agreement (EULA) governing the Software. TurboYourPC does not transfer title of the Software to you. You may not decompile, disassemble, redistribute, reverse engineer, sell or otherwise reduce the Software to a human-readable form.
Software
In some instances TurboYourPC may make available to users certain software that may be downloaded from this website. In the event you download this software, the software, including any files, images and data accompanying the software (collectively, the "Software") are licensed to you by TurboYourPC. TurboYourPC does not transfer title of the Software to you. You own the medium on which the Software is recorded, but TurboYourPC retains full and complete title of the Software, and all intellectual property rights therein. You may not disassemble, redistribute, decompile, sell, reverse engineer or otherwise reduce the Software to a human-readable form.
Communication and Submissions
If you submit content suggestions to our website or send us creative or technology suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions or Communication shall be deemed and shall remain the property of TurboYourPC. No Submissions shall be subject to any obligation of confidence on the part of TurboYourPC and TurboYourPC shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, TurboYourPC shall exclusively own all rights to the Submissions and will have unrestricted use of the submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.
Disclaimers of Warranties
The website is provided 'as is' and you accept that you use it at your sole risk. TurboYourPC expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. TurboYourPC and the protected parties make no warranty that the website or any software distributed from there will meet your requirements/expectations or that it will be error free, uninterrupted, timely or secure. In addition, TurboYourPC and protected parties make no warranty that the results obtained from the use of the website will be reliable or accurate, or that the quality of any products, information, services or material obtained through the website will meet your requirements/expectations.
Any material downloaded or obtained through the use of the website is done so entirely at your sole risk and you will be solely responsible for any damage to your computer, system or any loss of data that results from any such material. TurboYourPC and the protected parties make no guarantees as to the website and information located worldwide throughout the internet which you may access as a result of the use of the software, including the accuracy, quality, content, currency of any such sites and information. TurboYourPC cannot guarantee that you will not find and objectionable content whilst using the Website.
Please note that no advice or information obtained by you from TurboYourPC personnel via phone, email or through the website shall create any warranty not provided for in this Terms of Service.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
You fully understand and agree that TurboYourPC and protected parties (parents, subsidiaries, officers, directors, employees agents and assigns) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the protected parties have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the website; or (iv) any other issue relating to the website. Under no circumstances shall TurboYourPC and the protected partie’s total cumulative liability to you exceed the amount paid by you to TurboYourPC for products or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless TurboYourPC and the protected parties from all third party claims, liability, damages and/or costs including attorneys/lawyer/solicitors fees arising from your use of the website, product, services or any violation of these Terms of Service or infringement of any intellectual property by you or another user of your account. You agree to immediately notify TurboYourPC of any unauthorized use of your account or security breach known to you.
Modification and Termination
You agree that TurboYourPC, at its sole discretion may terminate your account (in part or whole) or use of the Website, and remove and discard any Content within the Website, for any reason, including but not limited to lack of use or if TurboYourPC believes that you have violated or breached these Terms of Service. Furthermore, you agree that TurboYourPC shall not be liable to you or any third-party for any termination of your access to the Website. We reserve the right to alter these Terms of Service at any time. Please periodically check for changes to these Terms of Service. Your continued use of TurboYourPC following the posting of changes to these Terms of Service will mean you accept any/all changes.
Resale/Exploitation
You understand and agree that under no circumstances may you copy, resell, manipulate, reproduce or exploit any part of the website, software or service for any commercial purpose.
Refunds
PCSpeedDctor offers a thirty (30) day money back guarantee if you are for any reason not satisfied with the purchase you have made from TurboYourPC. No refunds are available after the thirty (30) day period, contact support@TurboYourPC.com
Contact
You can contact TurboYourPC about any problems or questions with the Website, product or service at support@TurboYourPC.com.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts. These terms and conditions and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter (except for fraudulent misrepresentations). You agree that TurboYourPC.com has the right to assign or sub-contract any or all of its obligations under these terms and conditions. You shall not, without TurboYourPC.com's prior written consent, assign these terms and conditions.
Effective Date: December, 2010
Copyright 2010 TurboYourPC Corporation, All Rights Reserved.
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