|SUPERAntiSpyware Site Terms and Conditions
Welcome to the SUPERAntiSpyware.com (d/b/a “Support.com, Inc.”) Web site. Please review the following terms and conditions concerning your use of this site. Your use of other products or services from Support.com may be governed by different or additional terms and conditions which accompany those products or services.
By accessing, using or downloading content from this Web site you agree to follow and be bound by these terms and conditions, which are revised and effective as of October 1, 2012. Support.com reserves the right to change these terms and conditions from time to time at its sole discretion. Therefore, you should visit this page to review the then current terms and conditions to which you are bound for each visit.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
You may not use, download or copy any content on this Web site unless: (1) you use the content solely for personal, informational and non-commercial purposes; (2) the Support.com trademark and copyright symbol and statement set forth on each page of this Web site appears on each downloaded or copied page; and (3) no modifications are made to any content. The rights granted to you constitute a license and not a transfer of title. Support.com reserves the right to revoke the authorization to view, download and print the content available on this site at any time, and any such use shall be discontinued immediately upon written notice from Support.com.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content from this Web site in whole or in part without the prior written permission of Support.com. You may not "mirror" any content contained on this Web site on any other server without Support.com's prior express written permission. Any unauthorized use of any content contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any rights not expressly granted herein are reserved by Support.com.
Personal Information and Privacy
Entire contents Copyright © 2000-2012 Support.com. All rights reserved. All text, electronic documents, graphics, audio, video and other content published on this site are protected by United States and international copyright laws. Distribution or publication of any of this site's content in any form without prior written permission of Support.com is expressly forbidden.
Support.com, the Support.com logo, Instant Technology Relief, Nexus, Personal Technology Experts, Business Technology Experts, Help Button logo, ARO, Cosmos, RapidStart, Sammsoft, and all our other product names, service names, slogans, and related logos are registered trademarks or trademarks of Support.com in the United States and other countries. You are not permitted to use these trademarks, or any other Support.com trademarks, without the prior written consent of Support.com. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Support.com and its products, and (2) an endorsement of the company or its products by Support.com.
Links to Third Party Sites
This Web site may contain hyperlinks to Web sites that are not controlled by Support.com. Support.com is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.
All comments, feedback, information or materials submitted to Support.com through or as a result of this Web site ("Submissions") shall be considered non-confidential and Support.com's property. By providing such Submissions to Support.com, you agree to assign to Support.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Support.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
No Unlawful or Prohibited Use
As a condition of your use of this Web site, you agree that you will not use this Web site or the content or software contained herein for any purpose that is unlawful or prohibited by these terms and conditions.
Disclaimer of Warranties; Limitation of Liability
While every effort is made to ensure the accuracy of content offered on these pages, Support.com shall have no liability for errors, omissions or inadequacies in the content contained herein or for interpretations thereof. This Web site could include inaccuracies or out-dated content and is subject to change at any time without notice. Your use of this Web site is at your own risk.
THE CONTENT, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SUPPORT.COM WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. SUPPORT.COM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SUPPORT.COM WEB SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE HEREBY LIMITED TO NINETY (90) DAYS.
SUPPORT.COM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SUPPORT.COM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Web site is controlled and operated by Support.com from its corporate headquarters in Redwood City, California. Any claim or dispute relating to your use or attempted use of this Web site (“Claims”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of Support.com is currently located at 900 Chesapeake Drive, 2nd Floor, Redwood City, California 94063, phone (650) 556-9440. The charges for the Services are specified on the Site. If you have a complaint regarding the Services or want to request a paper copy of these Terms, please contact Support.com by writing to the address above, or by e-mail at email@example.com, or by calling (650) 556-9440. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.
This Web site may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These forward-looking statements may be identified by terminology such as may, will, could, should and expect and the negative of these terms or other similar expressions. These statements involve known and unknown risks, uncertainties and other factors that may cause industry trends or our actual results, level of activity, performance or achievements to be materially different from any future results, levels of activity, performance or achievements expressed or implied by these statements. These factors are detailed from time to time in our SEC filings, including those described in the sections entitled “Risk Factors” and "Management's Discussion and Analysis of Financial Condition and Results of Operations" in our most recent Annual Report on Form 10-K, available from the SEC on its web site at www.sec.gov. We are under no duty to update any of the forward-looking statements to conform these statements to actual results or changes in our expectations and we disclaim any obligation to do so. You should not place undue reliance on these forward-looking statements.
Dispute Resolution and Binding Arbitration Provision
Definitions. As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the use of the Support.com Web site or any Support.com products or services (collectively the “Services”). This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
Informal Efforts to Resolve Dispute. If a dispute arises between you and Support.com, you should first attempt to resolve it by contacting our Customer Service Center at 1-800-727-8776 or by sending the details of your complaint, including your contact information for a response, to the address or fax number listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
We also participate in informal dispute resolution services offered by the Better Business Bureau. As a Better Business Bureau Accredited Business, we have made a commitment to follow the BBB Code of Business Practices. Further information about this program is available at www.bbb.org/us/Business-Accreditation/. You may seek to have the Better Business Bureau help resolve a Claim by submitting a complaint using their free online complaint system at www.bbb.org/us/Business-Complaints/.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY SUPPORT.COM IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH SUPPORT.COM, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.
Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if you are a resident of the United States; if your use of the Services has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution in New York, NY, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in New York, NY, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.
Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.
Time Restriction. YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for you.
The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (for example, the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Services was principally for personal or household use, Support.com waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us.
Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
Support.com Customer Service Center Address:
900 Chesapeake Drive, 2rd Floor
Redwood City, CA 94063 U.S.A.
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